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 waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

Which holds greater virtue: The Udhiyah (Sacrificial Offering) or giving its value in Charity (Sadaqah)?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial offering) holds greater virtue than donating its monetary value to the poor and needy. This is because the sacrifice is a prominent, manifest ritual among the sacred symbols of Islam. Allah Almighty says: "That [is so]. And whoever honors the symbols of Allah - indeed, it is from the piety of hearts." (Al-Hajj: 32)
 
Furthermore, there are numerous authentic and explicit Hadiths highlighting its immense reward. The Prophet (peace and blessings be upon him) consistently offered this sacrifice, as did the Righteous Caliphs after him. And Allah the Almighty Knows Best.
 

Does an internal medical examination for a woman affect her fast?

An internal medical examination for a woman invalidates the fast because it involves the entry of a foreign object into the body cavity (jauf) while fasting.
In this case, the woman must refrain from eating and drinking for the rest of the day out of respect for Ramadan and make up for the missed fast after Ramadan.
Such an examination should be avoided in Ramadan and other months unless absolutely necessary, as exposing the private parts is only permissible in cases of necessity.
If necessary, a woman should seek a Muslim female doctor first. If one is unavailable, she may see a female doctor from the People of the Book (Jews and Christians). If neither is available, she may consult a trustworthy and competent Muslim male doctor.

Is it permissible for a pious Muslim woman to stay with her husband who had quit praying out of laziness?

Quitting prayer is one of the major grave sins that come after disbelieving in Allah, but the wife of such a person isn`t considered divorced, rather, she should exert all her efforts in order to bring him back to the way of Islam. However, if his sin is likely to lure her from the way of Islam, then she had better separate from him by lawful means such as Mokhal`aa (When a wife pays a compensation for her husband in return for divorcing her). Moreover, if she exercises patience, and remains steadfast on her faith, then there is no harm in doing that.