Articles

The Culture of Building
Author : Dr. Hassan Abu_Arqoub
Date Added : 03-02-2019

The Culture of Building 

 

Work, building, and development are key features of civilized countries as it is highly unlikely for one to find an civilized country whose progress rests on the ignorance or laziness of its citizens. Actually, countries are built through quality education and hard work, and this is Allah`s Law in the universe. Further, Allah has combined means to results and ordered us to make use of all available means and to do whatever is possible in order to get the result that we aspire to. At the same time, we should believe, deep down, that Allah will help us when using those means. However, belief alone isn`t sufficient; rather, it must be accompanied with actual work where available means are taken advantage of, as enjoined by our Islamic creed. 

 

If we ponder on the biography of our role model, Prophet Mohammad (Blessings and peace be upon him), we can`t help but to notice that it is replete with lessons urging us to building and development. When the Prophet (PBUH) entered Medina and wanted to build a mosque, he helped his companions in moving stones and this is a practical example of how the role model should be. After a while, it was brought to his attention that one of the companions was very good in mixing and preparing mud, so he made him in charge of that task. Actually, many benefits can be derived from this narration: A leader should be familiar with every skill that his followers have, appoint the right person in the right position, and choose individuals according to their skill and knowledge, and not according to the degree of kinship or love. 

 

This is how the Prophet (PBUH) taught us to explore and invest other`s capacities. Therefore, if a person is good at particular thing, then he should be set apart on that basis. This reflected in the following narration: In which Anas Ibn Malik (May Allah be pleased with him) narrated that the Prophet (PBUH) said: "The most merciful of my nation to my nation is Abu Bakr, and the most severe of them concerning the order of Allah is 'Umar and the most truly modest of them is 'Othman bin 'Affan. The best reciter (of the Qur'an) among them is Ubayy bin Ka'b, the most knowledgeable of them concerning (the laws of) inheritance is Zaid bin Thabit, the most knowledgeable of them concerning the lawful and the unlawful is Mu'adh Bin Jabal. Truly, every nation has a trustworthy one, and the trustworthy one of this nation is "Abu 'Ubaidah Bin Al-Jarrah."  Therefore, as mentioned above, a leader should discover the skills of his followers and choose them accordingly.

 

Further, he (PBUH) taught us how to make use of other nations' experiences, and never criticize any unfamiliar or weird experience based on its source. This is because, during Al-Ahzab battle, Salman Al-Farisi (May Allah be pleased with him), suggested digging a ditch as a defensive line for Al-Medina since the Persians have used this strategy in warfare, so the Prophet (PBUH) approved of that. Furthermore, a wise word is the lost property of the believer, so wherever he finds it, he has more right to it, therefore, making use from other nations experiences and developing them, is one of a successful leader's aspects.

 

Moreover, he (PBUH) is our role model when it comes to consulting others and not listening only to one`s-self, although none will blame him for that, since he is Allah's Messenger and many of his acts and words are divinely inspired. Nevertheless, he used to consult his companions and listen to what they have to say in almost every matter. This is reflected in the following examples:

 

The Prophet (PBUH) Took Al-Habab Ibn Al-Monther's opinion regarding the spot that the Muslim army should be stationed at in the battle of Bader, gave the companions the permission to negotiate with the disbelievers regarding the prisoners, consulted them in the battle of Ohoud and took Salman's opinion as mentioned earlier. Thus, a good leader should be keen on consulting his followers and listening to what they have to say, and this can only be achieved in an atmosphere full of freedom and respect, and finding such an atmosphere is a leader`s prime responsibility..

 

In conclusion, every person is a leader in his position-capable of changing and developing- and all we need to do is to take the initiative towards that end [Allah guideth whom He will unto a straight path.] So is it time for hard work? 

 

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling on praying seated due to severe obesity, given that I experience hardship in performing the prayer — especially when rising from the ground after sujūd to perform the next rak‘ah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Standing, when one is able to do so, is a pillar of the prayer. However, whoever would experience severe, intolerable hardship, or fears harm to himself or to a limb due to obesity, or finds that standing causes him to lose his khushū‘ (humble focus and concentration) in prayer, then there is no objection to his praying seated on a chair or on the ground, performing rukū‘ (bowing) and sujūd (prostration) through gesture — provided that the gesture for sujūd is made lower than that for rukū‘. Whoever is able, at any point, to properly perform any one of these pillars, is obligated to perform it in full; for omitting it is a concession that applies only in cases of genuine inability. The Prophet ﷺ said: "When I command you to do something, do of it whatever you are able." (Related by al-Bukhārī). As the scholars of fiqh have established: what remains possible is not waived on account of what is difficult.
The criterion for determining genuine inability, as chosen by Imam al-Ḥaramayn al-Juwaynī (raḥimahullāh), is that the worshipper experiences hardship that causes him to lose his khushū‘.
As for voluntary (nafl) prayer, there is no objection to performing it while seated, even if one is able to stand. However, rukū‘ and sujūd must still be performed [in their proper physical form] by anyone who is able to do so. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

Does having a wet dream during the day in Ramadan break the fast?

Having a wet dream during the day in Ramadan does not invalidate the fast. However, one must perform ghusl (ritual purification) to ensure they do not miss their prayers.