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Saturday, April 4, 2020

AlAzhar Senior Scholars Authority issues its second statement on the religious rulings related to "Coronavirus"

AlAzhar Senior Scholars Authority issues its second statement on the religious rulings related to "Coronavirus"

AlAzhar Senior Scholars Authority issues its second statement on the religious rulings related to "Coronavirus", confirming the following:

Inviting people to gather for collective supplication and asking for God’s forgiveness, despite realization of its consequent harm is a violation of God’s Law

• Spreading and promoting rumors is denounced in the Islamic Shari‘ah

• Monopoly during epidemic time is more strictly prohibited than it is under normal circumstances

• Everyone must respond to all quarantine measures

• Everyone must abide by the ban of gathering and stop it, even if when it comes to obligatory daily prayers and Friday prayers

• Zakat payment may be expedited, paid to those who deserve it prior to its due date.


     Today, Friday, Al-Azhar Senior Scholars Authority (ASSA), under the presidency of H.E. Prof. Ahmad At-Tayyeb, Grand Imam of Al-Azhar, issued a significant statement to the Muslim nation concerning religious rulings on the repercussions of COVID-19, based on the ASSA's legal responsibility and religious duty.

Text of the Statement
     All praise is due to Allah, and peace and blessings be upon the Messenger of Allah and upon his family and companions and those who uprightly follow him.

     Based on the religious obligation attributed to scholars in the light of Almighty Allah’s saying, “You must make it (religious rulings) clear to the people and not conceal it". Due to the serious epidemic Coronavirus or COVID-19 that has afflicted world countries and peoples, as per the reports of respective authorities, and shook people’s feelings and conduct, the ASSA has issued this statement to the people.


Prelude

     It is already established among jurists that Islamic Shari‘ah’s rulings are meant to preserve five main objectives, as a frame for other secondary rulings. These objectives are called the five necessities, that is preservation of life, faith, intellect, lineage and property.

     The followers of heavenly religions and people of pure natural instinct agree to the preservation of such essentials. In this regard, Almighty Allah says, “Do not throw [yourselves] with your [own] hands into destruction”. (Qur’an, 2: 195) Besides, the Prophet r says, “No harm is to be inflicted or reciprocated”. (Reported by Ibn Mājah, Ad-Dārquṭni and others) There are also numerous other religious texts to the same effect.

     Given the foregoing, the practices of some people due to the spread of Coronavirus indeed go against Shari‘ah statements and against established juristic rulings. Therefore, it is necessary to illustrate the religious rulings on some of these practices, which include the following.

     First, Shari‘ah ruling on the people’s gatherings under these circumstances to collectively supplicate to God and ask for His forgiveness:


     Remembrance of Almighty Allah is laudable at any time and under any condition, whether individually or in groups. Almighty Allah orders us to mention Him much, as He says, “O you who have believed, remember Allah with much remembrance, and exalt Him morning and afternoon.” (Qur'an, 33: 41-2)

     Regarding the spread of Coronavirus, physicians stated that it spreads due to crowding and social mingling. Therefore, governments issued decisions banning gathering and temporarily suspending daily congregational and Friday prayers due to potential spread of the virus in case of gathering and mingling within the same place. Such gatherings could then result in harming oneself and others, knowing that this is explicitly forbidden as Almighty Allah says, “D not throw [yourselves] with your [own] hands into destruction”. (Qur’an, 2: 195) In addition, there is no Shari‘ah command to the people, in case of pandemics, to congregate for supplication. For the plague had emerged during the reign of Caliph ‘Umar ibn Al-Khaṭṭāb and he did not order the people to congregate for collective supplication or asking for Allah’s forgiveness or even for prayer to Allah to lift such serious epidemic.

     So, whoever calls people to attend such gatherings for the purpose of supplication despite realization of consequent harm is sinful and violator of the Divine Law. It is legally permissible that people, keeping to their homes, submissively and humbly invoke the Lord to grant them wellbeing, lift such epidemic and relieve all humans from such distress.

 

Second, the ruling on spreading rumors of unverified information especially in times of epidemics:

     Spreading and promoting rumors is blameworthy in the Islamic Shari‘ah, since it is an immoral act. It involves the crime of telling lies, causing confusion to people, and raising their suspicion about the necessity of holding together and allying with the rulers in the face of this epidemic. The latter is actually the source of strength for any society. The Glorious Qur’an warns against such group of people, associating them with hypocrites and people of ill will, promising that they will all perish, “Unless the hypocrites and those in whose hearts there is disease and those who spread rumors in Medina cease [their evil acts], We will surely incite you against them; then they will not remain your close by except for a little while.” (Qur’an, 33: 59) So, the upright Shari‘ah commands holding back and verifying information and its consequences before spreading it in the community.

     Almighty Allah also says, “O you who have believed, if there comes to you an evil-doing one with news, do investigate [its truthfulness], lest you otherwise harm some people out of ignorance and thus become regretful over what you have done.” (Qur’an, 49: 6) In this noble verse is a clear divine command to verify the validity of information upon receiving it and the veracity of its bearer lest unverified judgment should lead to unavailing regret.

     The Glorious Qur’an judges communicating information without verifying its validity as an attribute of the hypocrites, about whom Almighty Allah says, “When there comes to them information about [public] security or fear, they spread it around. But if they had referred it back to the Messenger or to those of authority among them, then the ones who [can] draw correct conclusions from it would have known [the truth] about it. Were it not for the favor of Allah upon you and His mercy, you would have followed Satan, except for a few.” (Qur’an 4: 83) This noble verse denounces hastening to communicate or spread news before verifying its authenticity.

     These Qur’anic verses indicate that, from a legal perspective, whoever receives certain news should not hasten to spread it expect after verifying its authenticity and veracity of the source communicating it. However, such news can be communicated only when it is proven true, not entailing any harm for individuals or communities. Yet, if the news is untrue or even true but the spread of it entails harm for individuals or groups, then it is impermissible to communicate or share around.

     It is obligatory under the present circumstances that the country is going through that communication of news about the epidemic is left to specialist authorities. They are the ones entitled to guide the people and inform them during such circumstances. Besides, no Muslim or non-Muslim is allowed to spread fear or panic among people at all.

     Third, the ruling on monopolizing goods and exploiting people’s needs in times of epidemics and catastrophes

     Monopoly means to refrain from selling certain goods or products until their prices soar under the rise in people or state demand for it.

     So, monopoly is legally forbidden, since the Prophet r said, “No one would monopolize except a wrongdoer”. (Reported by Muslim) It goes against the requirements of faith. The Prophet r also said, “A person that monopolizes foodstuff for forty days Allah has disowned him.”

     The monopolistic practices of some people, hoarding products in times of epidemics with the purpose of accruing financial gains and other profits is a means of distressing people and augmenting their affliction. It is more strictly forbidden than monopoly in ordinary circumstances. So, monopolizing foodstuff and medical appliances, and whatever products may be needed by people now, is more strictly forbidden than monopolizing it in times of welfare and security. For in times of crises, such monopoly involves eating up people’s wealth unduly, overburdening them, and triggering their panic and anxiety due to shortage in products and fear-driven rise in demand for it in conjunction with the spread of epidemics. This would normally prepare the climate for triggering rumors. Therefore, Islam gives the state the right to interfere in combatting monopolistic conduct, that is detrimental to the community, and to compel monopolists to sell products at fair prices, since this is the only means to maintain people’s interest.

     It remains to note that the consumers’ panic could induce rising demand for products which they do not actually need. This in turn could encourage monopolists to raise prices. However, people should always be moderate and avoid excessive consumption and storage. Such moderation is more appropriate in times of crises. In response to people’s complaints about soaring prices of meat, ‘Umar ibn Al-Khaṭṭāb t said “Cheapen it.” They said, “How could we cheapen it while we do not possess it?” He replied, “Abandon it.”

     Fourth, religious ruling on quarantine, especially in times of epidemics

     Quarantine is necessary when the epidemic spreads or prevails in a country, and application of it is up to specialists, including doctors and competent state institutions. So, everyone must act upon all the measures enacted by official authorities, the first of which is isolation in the place determined by competent authorities in the country, in order to prevent the spread of the epidemic.

Legal evidence of this religious ruling includes the following:
     1. It was reported by Al-Bukhārῑ from ‘Abdur-Raḥmān ibn ‘Awf that the Prophet r said about the plague, “If you hear of an outbreak of it (a plague) in a land, do not enter it; but if it breaks out in a place while you are in it, do not leave that place."

     This Hadith indicates that when a plague outbreaks in a certain place, then it is impermissible for any of its individual inhabitants to leave that place, fleeing from the plague. And if it breaks out in a place while one is out of that place, then one should not enter this place. This is meant to avoid transmitting the disease from one person to another. This meaning is asserted in another Hadith reported in Imam Aḥmad’s Musnad on the authority of Abu Hurayrah, who said, "I heard the Messenger of Allah r say, 'Flee from the leper as you would flee from a lion'”.

     It is interesting to note that, by tracing Prophetic instructions regarding infectious diseases, the Prophet r forbade mixing up between those sick and those healthy, even among animals. He also would order that some sort of a quarantine be observed, where the sick is isolated away from the healthy. He r said, “The cattle suffering from a disease should not be mixed up with the healthy cattle”. This means to avoid putting a patient with a healthy person, as a precaution.

     Another juristic rule states that "whatever is determined as a way for safety and a means to eventual wellbeing becomes obligatory, both legally and rationally".

     We would like to note that whoever is afflicted with an infectious disease should disclose his condition to avoid causing harm to other healthy persons since this would incur sinfulness in harming others.

 

     Fifth, the ruling on violating the authority’s order to close mosques

     The objective of legal rulings is to achieve the interests of people at the present time and in the future, and also, as per scholars, to preserve order and control people’s conduct in a way that spares them corruption and decay. This can only be achieved by maintaining interests and avoiding harms.

     If attending congregational and Friday prayers is a key ritual in Islam, still maintaining people’s interests and warding off harms is a divine wisdom meant among the reasons for sending messengers and enacting religious rulings through them. This means that people’s interests are given priority to observance of such rituals. So, if observance of Friday prayer is an obligation, as well as congregational daily prayers, according to preponderant juristic opinion, and yet performing it would entail harm, then dispelling people fear from harm is given priority. Thus, it becomes obligatory to forbid people from congregating in the mosques.

     Based on the advice and recommendations of specialists, the ruler should in certain cases deem that it is dangerous for people to gather in one place, whether in mosques or elsewhere, since this would increase the spread of the virus. If the ruler accordingly decides to prevent people from gathering, then everyone must adhere to this ban and avoid such gatherings even when it comes to Friday and congregational daily prayers, until the threat is over.

     It is thus not permissible for anyone to violate this decision, whether by allowing limited numbers of people to attend Friday and congregational daily prayers with the mosque gates closed, or by praying in front of the mosque or in open yards or on rooftops. All these ways represent a clear departure from Divine Commands and legal rulings. They also constitute violation of the Shari‘a, whose rules dictate the following:

"No harm is to be inflicted or reciprocated."

"Warding off harm takes priority over acquiring interest."

     Based on the foregoing, if competent authorities have ordered temporary closure of mosques, it becomes impermissible for everyone to violate this order. This is meant to ward off the harms entailing violation of this order.

     Sixth, is it permissible to expedite payment of Zakat prior to its due date, paying the due Zakat for the next one or two years in advance, with the aim to help in combatting the consequences of the spread of the virus and to maintain solidarity and burden-sharing among the community individuals.

     Islam accentuates the principle of social solidarity in all possible ways and forms. And if this is the case in normal times, it becomes more binding in times of crises, pandemics, emergencies and critical conditions under which people are in greater need of cooperation and solidarity until their safety is regained.

     Perhaps the most prominent forms of solidarity are charity and alms giving, caring for the afflicted, the widows, the needy, and workers affected by the spread of such epidemic. They also include standing up against monopolists and exploiters.

     So, ASSA stresses the necessity of helping those in need, including craftsmen who earn their living on daily basis, and who are in dire need of help through delivery of some foodstuff and essential subsistence necessities to them. Those people are well-known and easy to identify, especially in villages and rural areas. It would be commendable that the civil society associations concentrate their activities in these services that are now deemed obligatory as per the Shari‘ah, reason and noble virtues in these circumstances.

     It is also necessary to help patients with chronic diseases and the elderly who are unable to meet their needs by themselves, either through charity funds and donations, or through Zakat funds. In this case, no discrimination is made between a Muslim or a non-Muslim of the people in need, especially in the present circumstances.

     The majority of jurists agree that it is permissible to expedite Zakat payment in advance, one or two years prior to its due date, a fatwa that is more binding now. As a proof of this permissibility, it is reported by Abu Dawūd and other Hadith compilers that Al-‘Abbās ibn ‘Abdul-Muṭṭalib asked the Prophet r for permission to expedite payment of his due Zakat – prior to its due date – and the Prophet r allowed him to do so.

     Hence, we are sure that expediting the payment of Zakat, due on capital assets before its due date, is commendable in observance of the interests of the poor and the needy. This is a recommended act these days as COVID-19 is sweeping the world and many poor and needy people are harmed. It is worth noting that maintaining the interest of those people and fulfilling their needs are among the highest objectives of the Shari‘ah. As for Zakat ul-Fiṭr, it is to be paid starting from the first day of Ramadan and until the last day of the month.

     We ask Almighty Allah to safeguard Egypt and the Egyptians and to lift this pandemic and ordeal from the entire humanity.

     Al-Azhar Senior Scholars Authority (ASSA) has issued its first statement on March 15th, 2020, allowing suspension of the congregational (five daily) prayers and the Friday prayers to avoid the spread of the epidemic and to preserve people’s lives, which is a key objective of the Shari‘ah.

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