Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(98): "Ruling on the Statute of Al-Ballorah Assakhina Employees` Association"

Date Added : 08-12-2015

 

Resolution No.(98) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Statute of Al-Ballorah Assakhina Employees` Association"

 

 

We have received the following question:

What is the ruling of Islamic Sharia on the statute of Al-Ballorah Assakhina Association?

Answer: All perfect 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.

Having reviewed the statute of the above association, the Board is of the view that article four of the annexed statute must be amended. It originally stated:

"A member of the association shall be responsible for paying the price of the commodity after examining it and agreeing with the seller on the price, and he shall not hand the money to the beneficiary whatever the case may be."

The Board believes that this article must be rewritten as follows: "The association shall deputize one of its members to purchase the commodity required by the beneficiary after examining it and paying its price to the seller. Once the association takes possession of the commodity, it shall resell it to the beneficiary."

The Board have demanded this amendment because it isn`t permissible for the association to sell the commodity to the beneficiary except after purchasing and taking possession of it so as to avoid the suspicion of Riba (usury/interest), as indicated in the following Hadith narrated by Hakim Bin Hizam: "I bought some food and made food and made a profit on it (by selling it) before I took possession of it. I came to the Messenger of Allah and told him about that and he said: "Do not sell it until you take possession of it." {Narrated by Ahmad in his Mussnad, vol.3/pp.402}. And Allah Knows Best.

 

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Summarized Fatawaa

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

Should a prayer performer who forgets to offer the middle Tashahod (saying ash-hadu anala ilaha ila-alah) offer Sujood As-Sahw (prostration of forgetfulness)?

He/she should offer two prostrations of forgetfulness at the end of the prayer. And Allah Knows Best.

What is the ruling of Islamic Law on eating or drinking forgetfully while observing the kaffarah fasting?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone eats or drinks out of forgetfulness while fasting, it is simply that Allah has fed them and given them drink. Their fast is not broken by this; rather, they should continue fasting. This ruling applies whether the fast is an obligatory one (like Ramadan), a make-up fast (Qada), an expiation (Kaffarah), or a voluntary (Nafal) fast. And Allah the Exalted knows best.

How does one with a continuous condition (like urinary incontinence or non-menstrual vaginal bleeding - mustahada) perform ablution?

A person with a continuous condition must do three things:
1. Not perform ablution except after the prayer time has entered.
2. Change the bag or diaper placed to reduce the flow of urine or blood after the prayer time enters, wash the private part from blood or urine, and perform ablution immediately.
3. Perform the actions of ablution in immediate succession, then pray immediately without delay, unless he intends to pray with the congregation.
It is not permissible for a person with a continuous condition to combine two obligatory prayers with one ablution, as he must perform ablution for each obligatory prayer, even if making it up (qada'). And Allah the Almighty knows best.