Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(293): ’’Ruling on Knowing about being Infected with COVID-19 and being a Cause of Transmitting it to others’’

Date Added : 04-11-2020

Resolution No. (293)(13/2020) By the Board of Iftaa’, Research and Islamic Studies:

’’Ruling on Knowing about being Infected with COVID-19 as well a Cause of Transmitting It to Others’’

Date (16/Rabea’ Al-Aowal, 1442 AH) corresponding to (2/11/2020 AD)

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

 

On its twelfth session held on Monday 16/ Rabea’ Al-Aowal/1442 AH, corresponding to 2/11/2020AD, the Board of Iftaa’, Research and Islamic Studies Reviewed the ruling on a person who knows that he is infected with COVID-19 and a cause of transmitting it to others. After deliberations, the Board decided the following:

Allah, The Exalted Said (What means): ’’My Lord! Make this a region of security and bestow upon its people fruits’’ [Al-Baqara/126].

Whosoever infected with COVID-19 or might be is not permitted to mix with other people in order not to be a reason of transmitting the infection to them or being a cause of harm, damaging the security of the country economically and healthily and finally leading to a state of recession to the country itself and the population as well.

In this regard, the Prophet (PBUH) ordered us to be in quarantine at the occurrence of plague which is an infectious disease, where he said (What means): ’’If you hear that it (plague) has broken out in a land, do not go to it; but if it breaks out in a land where you are present, do not go out escaping from it." [Agreed upon]. Besides, according to scholars, the forbid in the above narration is of the same level of prohibition .i.e. the prohibition of going out a country if the plague breaks out in it and the prohibition of fleeing away from a country in which the plague has broken out in it. Besides, when Al-Imam As-Shihab Ar-Ramli was asked about that and replied: ’’Fleeing away from a country in which the plague breaks out in it and going to a country in which the plague has broken out in it is impermissible.’’.

Accordingly, the same procedures apply on every infectious disease such as COVID-19; thus, the infected person is not permitted to mix with others especially their gatherings such as markets, clubs, places of worship and social occasions, and the one who do otherwise is considered sinful because he will inflict harm upon them, for the Prophet (PBUH) said (What means): ”There should be neither harming nor reciprocating harm." It was stated in [Al-Moataa’], which related by Al-Imam Malik as well as In Sahih Al-Buhkary & Moslim, that the Prophet (PBUH) ordered the person who ate from anything with a bad odor such as garlic and onion to avoid obligatory congregational prayer in the Mosque and to stay away from it, and ordered him to pray at Al-Baqee’ (The main graveyard for Al-Madina people) as narrated in Sahih Moslim, so how will be the case with an infectious deadly disease! Allah, The Exalted Said (What means): ’’whosoever killeth a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind, and whoso saveth the life of one, it shall be as if he had saved the life of all mankind.’’ [Al-Maidah/32].

Therefore, the infected person must abide by quarantine and all precautionary procedures issued by specialists, as well all people should abide by wearing face mask, maintain safe social distancing, using sterilizations in addition to other safety procedures and the one who doesn't abide by those procedures is considered sinful according to the ruling of Sharia and is one of those, who strive with might and main for mischief through the land, since Allah, The Exalted Said (What means): ”And Allah loveth not mischief.” [Al-Baqarah/205]. Thus, whoever doesn’t abide by the aforementioned procedures has earned punishment in this life and the Hereafter because he violated what been enjoined by Allah, The Exalted, His messenger (PBUH) and accordingly, the ruler who banned the infected person to mix with others, imposed curfew to ward off harm upon people and to achieve their benefit at the same time, because he acts in accordance to the good of all citizens and the punishment in the worldly life regarding violations during this pandemic is determined by him based on Sharia’s maxims. We ask Allah The Almighty to Ward off all kinds diseases and pandemics. And Allah Knows Best  

 

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Muhammad Al-Khlaylah, Member 

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Dr. Ahmad al-Hasanat, Member

Judge Khalid Woraikat, Member

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member

Dr. Mohammad Younis Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

What is the correct point at which to raise the hands when standing up for the third rak‘ah (after the middle tashahhud)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Raising the hands while saying the takbīr [when rising for the third rak‘ah] is a recommended sunnah, and omitting it does not affect the validity of the prayer. The proper time for this is after rising from the middle tashahhud, once one has fully stood up.
It is stated in I‘ānat aṭ-Ṭālibīn (Vol.1/P.158): "His statement, 'and rising from the first tashahhud' — meaning, this manner [of raising the hands] is also a sunnah when he rises from the first tashahhud, that is, when he stands upright from it.
Consider [the question]: when precisely does the raising of the hands begin? Is it at the very start of rising from the first tashahhud, or after he has reached the minimum position of rukū‘ [i.e., once fully upright]? The apparent, [correct] view is the latter — even though the outward wording [of the text] might suggest the former — because at the very start of his rising, he is still relying on both hands [to push himself up, and therefore cannot yet raise them]."
It is stated in ‘Umdat as-Sālik (p. 53): "If his prayer extends beyond two rak‘ahs, he sits after them in the iftirāsh position, recites the tashahhud, and sends blessings upon the Prophet ﷺ alone, without [mentioning] his family [at this point]. He then stands while saying the takbīr, supporting himself with his hands; and once he has stood upright, he raises them level with his shoulders." And Allah, the Exalted, knows best.

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.