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 of Islamic Law on following the actions of the imam in prayer and how this following is achieved?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The follower (ma'mum) is required to follow his imam in the actions of the prayer. This "following" (mutaba'ah) means that the follower performs each action of the prayer after the imam has begun it but before he has finished it. For example, the follower bows (in ruku') after the imam has reached the position of bowing, then rises after the imam has risen. The Prophet, peace and blessings be upon him, said: "The imam is only appointed to be followed, so when he says the takbir, say the takbir; and when he bows, then bow; and when he prostrates, then prostrate" (agreed upon, i.e., reported by both al-Bukhari and Muslim).
It is stated in Mughni al-Muhtaj (1/505): "Among the conditions of valid congregational prayer (iqtida') is following the imam in the actions of the prayer... meaning that following the imam is obligatory in the physical actions of the prayer, not in its verbal utterances... Complete following (kamal al-mutaba'ah) is achieved when the follower's beginning of an action comes after the imam's beginning of that same action, while the follower's beginning of the action precedes the imam's completion of it" — end of quote, with slight paraphrasing.
And Allah, the Exalted, knows best.

What is the ruling on bypassing a nearby mosque for a distant one?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a distant mosque has a larger congregation (Jama‘ah) while the congregation in the nearby mosque is smaller, and the congregation in the nearby mosque is not adversely affected by the worshiper's absence, then it is better for him to pray in the distant mosque with the larger congregation. However, if the congregation in the nearby mosque would be affected by his absence—such as if he is its Imam, or if his presence encourages others to attend—then praying in the nearby mosque is better. This ensures that the congregation is established in two different locations within the community. This is based on the saying of the Prophet ﷺ: 'A man's prayer offered with another man is purer than his prayer which he offers alone, and his prayer with two men is purer than his prayer with one and if they are more (in number), it is more beloved to Allah, the Mighty the Majestic' (Narrated by Ahmad, Abu Dawood, and An-Nasa'i). And Allah the Exalted knows best.

Does the intention (niyyah) of the principal (muwakkil) suffice for the sacrifice (dhabḥ) of the udhiyyah?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person appoints an agent (wakīl) to perform the slaughter (dhabḥ) on their behalf, the intention (niyyah) of the principal (the one appointing the agent) suffices, and there is no need for the agent to have this intention himself. In fact, even if the agent is unaware that he is performing the sacrifice on someone's behalf as an udhiyyah (sacrificial offering), this does not affect its validity. And Allah, the Most High, knows best.

Is washing the private part after urinating (Istinjaa`) a condition, and is it done with water and soap, or with water only?

Istinjaa` is obligatory for removing impurity, and it can be done with toilet paper, or a stone, or water. It is preferable to do Istinjaa` first with paper, or stone, or the like, then to wash the private part with water until making sure that the impurity has been removed. Using soap is not a condition, but there is no harm in doing so provided that it is washed off with water. It is also permissible to use either water, or paper if impurity is removed by any.