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 speaking while relieving oneself?

It is disliked for one relieving himself to speak while doing so, except out of necessity. And Allah the Almighty knows best.

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

What is the ruling on using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:
"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.