Articles

A Statement on the Israeli Aggression Against Gaza
Author : The General Iftaa' Department
Date Added : 17-07-2014

A  Statement on the Israeli Aggression Against Gaza (Ramadan,1435 AH)

 

 

All praise be to Allah, peace and blessings be upon Prophet Mohammad and upon all his family and righteous companions:

The Israeli atrocities in the Gaza strip and the Palestinian territories represent a heinous crime against humanity by all standards. They are so heinous that they mobilize the people of conscience worldwide to stand up to them to set the records straight and give back rights to whom they belong.

 

On its part, The General Iftaa' Department denounces the Israeli aggression against our people in Gaza during the sacred month of Ramadan in which acts of obedience, piety and kindness are observed. Israel is killing women, children and all those steadfast in defending their blessed land.

 

We call on all Arabs and Muslims to stand up to this aggression and support their brothers in Gaza to overcome this affliction for the Prophet (PBUH) said: "A believer to another believer is like a building whose different parts enforce each other" [Agreed upon]. Also the Prophet (PBUH) also said: "The believers in their mutual kindness, compassion and sympathy are just like one body. When one of the limbs suffers, the whole body responds to it with wakefulness and fever." [Moslim].

 

We ask Allah, The Almighty, to protect our Islamic nation against all afflictions, to end the bloodshed of Muslims, to have mercy on their dead, and to heal their wounded since it is He Who hears all things, always near and ready to answer.

 

 

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Summarized Fatawaa

Is Zakat al-Fitr obligatory for an unborn child (fetus)?

Zakat al-Fitr is not obligatory for a fetus. However, if the child is born before sunset on the last day of Ramadan, then Zakat al-Fitr must be given on their behalf.

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.

Is it permissible for a mother to stop her daughter from marrying a respectable, God-fearing young man because he isn't college/university graduate?

It is impermissible to deny a woman her right in getting married except for a lawful reason, and problems can be solved through dialogue. However, she can file a suit in order for the judge to have a say in that regard.

What is the due amount of food in expiation for perjury?

It is feeding ten indigent persons: 600 grams (for each) of the average food of your families such as rice, and it is permissible, according to Imam Ahmad Bin Hanbal, to give that amount in money if it was more useful to them.