Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(39): "Ruling of Sharia on Bahaism"

Date Added : 03-12-2015

 

Resolution No.(39): "Ruling of Sharia on Bahaism"

Date: 25/6/1417 AH, corresponding to 7/11/1996

 

The Board has received the following question: 
What is the ruling of Sharia on Mr. (X`s) request to obtain a family register for the first time, taking into consideration the fact that he embraces Baha'ism?
Answer: All prefect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
The Board is of the view that it isn`t permissible to register the religion of the above mentioned person in his family register or passport because the Hashemite Kingdom of Jordan doesn`t recognize "Baha'ism" and any Muslim who converts to it is considered an apostate and takes the rulings of Sharia on apostates. Moreover, in the official records and documents he remains a Muslim based on his father`s family register until a Sharia court rules that he is an apostate. And Allah Knows Best.

 

 

Chairman of the Iftaa`Board, Chief Justice, Deputized Mufti of Jordan, Izzaldeen Al-Tamimi

Sheikh Sa`eid Hijjawi

Dr. Yousef Ghyzan

           Dr. Abdulsalam Al-Abbadi

          Dr. Mahmood Al-Bhakeet

Dr. Fat-hi Alduraini

                   Sheikh Mahmoud Al-Shewayat

         Dr. Mahmood Al-Sartawi

        Sheikh Na`eim Mujahid

 

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Summarized Fatawaa

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

How does the person praying  perform the prostration (Sujud)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is an act of Sunnah for the person praying to descend for prostration (Sujud) by placing their knees first, then placing their hands on the ground, and then placing their nose and forehead simultaneously. It is obligatory that the toes of the feet be on the ground, directed towards the Qibla. And Allah the Exalted knows best.

Which is better for a traveler: fasting or breaking the fast?

Fasting is better, unless it causes hardship—in that case, breaking the fast is better.

Does the fast become invalid if water from rinsing the mouth reaches the stomach while performing ablution?

If water reaches the stomach without the fasting person exceeding normal rinsing or being excessive, their fast remains valid.
However, if they exceed the normal practice or exaggerate in rinsing, causing water to enter the stomach, their fast is invalid.
This is because excessiveness in rinsing is prohibited for a fasting person, as the Prophetﷺ said: "Exaggerate inhaling water during ablution, except when you are fasting." [Narrated by the Four Imams]
Transgression (Ta‘addi) refers to rinsing the mouth more than three times, while exaggeration (Mubalaghah) includes gargling, drawing water deep into the nasal passages, or filling the mouth with water in an unusual manner.