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	IRSYAD AL-FATWA HAJI AND QURBAN SIRIES 14: LAW IN REPRESENTING OTHER PEOLPLE TO DO QURBAN

 IRSYAD AL-FATWA HAJI AND QURBAN SIRIES 14: LAW IN REPRESENTING OTHER PEOLPLE TO DO QURBAN

 

QUESTION: Can or can’t represent Qurban?

ANSWER:

Ulama ‘has agreed that it is permissible for someone to represent another person to make a qurban for himself on condition that he is a Muslim. This is based on the hadith of Fatimah R.Anha:

قَوْمِي إِلَى أُضْحِيَّتِكَ فَاشْهَدِيهَا فَإِنَّ لَكِ بِأَوَّلِ قَطْرَةٍ تَقْطُرُ مِنْ دَمِهَا يُغْفَرُ لَكِ مَا سَلَفَ مِنْ ذُنُوبُكَ. قَالَتْ: يَا رَسُولَ اللَّهِ، هَذَا لَنَا أَهْلَ الْبَيْتِ خَاصَّةً أَوْ لَنَا وَلِلْمُسْلِمِينَ عَامَّةً؟ قَالَ: بَلْ لَنَا وَلِلْمُسْلِمِينَ عَامَّةً

It means: “Get up and go to the slaughter of your qurban and watch for yourself because with the first drop of blood you will be forgiven of your previous sin. Fatimah asked: Messenger of Allah! Is it for us member of ahli bait alone or for us and Muslims as a whole? Answer the Messenger of Allah: Even for us and Muslims as a whole “.

The history of al-Hakim in al-Mustadrak (7525)

The Prophet’s instruct his daughter, Fatimah R.Anha to go out to see her slaughter point out that Fatimah R.Anha has delegated others to do her qurban. But it is the best to slaughter itself by the person who wants to do the qurban.

Al-Imam al-Nawawi Rahimahullah mentions in his book al-Majmu ‘that a man or woman may delegate to another person to conduct the qurban and if he wants to delegate it to others, then the afdhal (best) is a Muslim who is specialists in hunting and slaughter and knowing the conditions related to the qurban and its sunnah.[1]

Next, it is not permissible to delegate idolaters, majusi and apostates to be a slaughter but are permitted for the ahli-kitab, children and women alike. However, in mazhab Syafi’e it is makruh if the representative is children and there is also will be makruh if the representative is a women who are in period phase but the most important for women who are menstruating to be the slaughtering representatives is permitted and does not cease its law because there is no authentic through its prohibition while menstruating women are more important than children. [2]

Basically, someone can be the representative if there are any instruction from the people who want to make qurban to the representative either by oral or written. But there are also some situations in which a person who intends to make  qurban but on the day of slaughter he falls ill and it may causes he cannot slaughter and at this time, even though he does not represent anyone, it is permissible for a representative slaughterer to delegate the ill-injured side al-Imam Abu Hanifah Rahimahullah. [3]

Next, we also elaborate on the decision of the National Fatwa Muzakarah regarding the wakalah law in the sacrificial:

  • The 66th National Fatwa Muzakarah in 2004 decided on the wakalah law and several matters arising from the qurban, among them: Muzakarah agreed to the decision decided by the Shariah Review Panel and asked JAKIM to provide sighah al-Taukil which included the type of qurban and the permissible authority to the representative to give to another party to complete the qurban.

 

The results of the Syariah Review Panel meeting are as follows:

  1. The origin law of wakalah is a must.
  2. It is a must (harus) for a representative to give the responsibility to others with muwakkil permits.
  3. It is a must (harus) for a representative to give the responsibility to others if they are unable or unwilling to do so on their own behalf.
  4. It is a Must (harus) to distribute the meat to other places or countries.

Wallahu a’lam.

 

Akhukum fillah,

S.S Datuk Dr. Zulkifli Bin Mohamad Al-Bakri

Federal Territory Mufti

 

 

September 5, 2016 equivalent to 1437 H

[1] Al-Nawawi, Abu Zakaria Muhyiddin Yahya bin Syarf. Al-Majmu’ Syarh al-Muhazzab. Dar al-Fikr, 8/405.

[2] Ibid.

[3] Al-Kasani. ‘Alauddin Abu Bakar bin Mas’ud. Badai’ al-Sanai’ fi Tartib al-Syarai’. Dar al-Kutub al-Ilmiyyah, 5/67.

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