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Resolutions of Iftaa' Board

Resolution No.(300): "Maintaining Unity to Cope with COVID-19"

Date Added : 06-04-2021

Resolution No.(300) (3/2021) by the Board of Iftaa`, Research and Islamic Studies:

"Maintaining Unity to Cope with COVID-19"

Date: (17nth of Sha'ban, 1442 AH), corresponding to (31/3/2021 AD).

 

In The Name Of Allah, Most Gracious, Most Merciful

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

In light of the spread of COVID-19, as experts have stated, and the fact that it is posing a serious threat to every member of our society, in addition to rising mortality rates, We pray to Allah to shower us with His mercy. We call on all Jordanians to unite in the face of this cunning enemy since Allah The Almighty Says {What means}: "Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. for Allah is strict in punishment." {Al-Maida/2}.

In its meeting No.(4/2021) held on the above date, the Board of Iftaa` emphasized that the religious sentiment experienced by the loyal citizens during this pandemic is completely harmonious with the religious identity of our beloved Jordan, which is very keen on performing religious rights in all circumstances.

It is no secret that the competent authorities have recommended reducing the numbers of gatherings during particular hours of the day in a bid to minimize infections, which led to closing universities, institutions, schools and mosques. It is normal to have a sense of grief for not performing prayers at the mosque, however, this indicates perfection of faith. Allah The Almighty Says {What means}: "That (is the command). And whoso magnifieth the offerings consecrated to Allah, it surely is from devotion of the hearts." {Al-Haj/32}.

However, this religious sentiment shouldn`t be a cause for the spread of the pandemic and the division of Muslims particularly since the closures and their resulting rulings are subject to Ijtihad (Independent reasoning) where arriving at the right decision entails two rewards while arriving at the wrong decision entails one reward. Therefore, we shouldn`t accuse others of non-adherence to the general provisions of Islamic Law, question their intentions or tag them with treason. Allah The Almighty Says {What means}: "And whoso committeth a delinquency or crime, then throweth (the blame) thereof upon the innocent, hath burdened himself with falsehood and a flagrant crime." {An-Nisa`/112}.

It is the duty of every individual in this society to promote the culture of cohesion, collaboration, unity, and love. We should also enhance our confidence in religious role models and scholars of Sharia in compliance with this verse {What means}: "Who hear advice and follow the best thereof. Such are those whom Allah guideth, and such are men of understanding." {Az-Zumar/18}. Allah The Almighty also Says {What means}: "speak fair to the people" {Al-Baqarah/83}. We pray that every member of our community and their loved ones remain healthy and well. We also pray to Allah to protect our country and Hashemite leadership. Indeed, He is All-Hearing and answers the prayer. And every success is from Allah Alone.  All Praise is due to Allah, The Lord of the Worlds.

 

Board of Iftaa`, Research and Islamic Studies.

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad Al-Khalayleh, Member

Dr. Mahmoud Al-Sartawi, Member (Left before the end of the Board`s meeting)

Dr. Majed al-Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge, Dr. Samer Al-Kubbaj, Member

Dr. Amjad Rasheed, Member (Although the statement covers important and pressing issues in guiding society, it isn`t sufficient. Therefore, I recommend that real studies, in written form, are conducted by experts about the justifications for the Friday curfew {Friday prayer} and banning people from walking to the mosque to perform Fajr and Maghrib prayers since their time is very close to the beginning and end of the curfew-hours. I also recommend considering allowing people to walk to the mosque for `Isha prayer. All of this should be conducted through validated studies from experts in written, not verbal form, then the statement should be based on this form along with complete adherence to safety instructions inside the mosque and other venues).

Dr. Ahmad al-Hasanat, Member

Dr. Mohammad Younis Al-Zou`bi, Member

 

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Summarized Fatawaa

What is the ruling on Jumu‘ah (Friday) prayer for a traveler, and what are the conditions for it to be waived from him?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Jumu‘ah (Friday) prayer is not obligatory upon a traveler, whether on a long or short journey, provided that — according to the Shāfi‘ī school — he departs from his place of residence before the time for Fajr prayer begins, and that he does not intend to stay in the place he travels to for four days or more, excluding the day of arrival and the day of departure. If he intends to stay longer than that, he may not make use of the travel concession simply by arriving in that town. If he begins his journey after the adhān for Fajr has already been called, then Jumu‘ah prayer remains obligatory upon him, whether in his own town or in any town where Jumu‘ah is being held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), from the books of the Shāfi‘ī school: "Jumu‘ah [prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before Fajr."
A "short journey" refers to travel covering a distance shorter than that of a long journey — that is, less than (81 km). The traveler begins to be entitled to travel concessions once he passes beyond the built-up limits of his town. And Allah, the Exalted, knows best.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

Does smoking break the fast?

Yes, smoking breaks the fast because smoke particles intentionally enter the lungs, which are considered part of the body cavity (jauf).

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