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A Statement Over the Denouncement of the Caricature Insulting Prophet Mohammad
Author : Articles of the General Mufti
Date Added : 18-01-2015

The Statement of the Board of Iftaa' Over the Denouncement of the Caricature Insulting Prophet Mohammad (PBUH)

 

 

The Board of Iftaa' Researches and Islamic Studies reviewed in the first session held on Thurdsday (24/Rabi' Al-Awal/1436 AH) corresponding to (15/01/2015 AD) and issued the following statement: 

Allah`s prophets and messengers are the best of all creation, the dearest to Him and the most honorable. He sent them as a guidance and a mercy to mankind, so insulting one of them is tantamount to insulting all of them because we, Muslims, make no distinction between any of Allah`s messengers for He, The Most Exalted Says in the Holy Quran (What means): "The Messenger believes in what was revealed to him from his Lord, and the believers; each one believes in God and His angels, and in His Books, and His messengers, 'we make no distinction between any of His messengers'. And they say, 'we hear and obey; your forgiveness, our Lord; to you is the homecoming'." [Al-Baqarah/285]. Therefore; We don't tolerate any minor distortion against our Prophet Muhammad (PBUH).

 

Those who have insulted the Messenger (PBUH) have no idea who he really is; they have committed their act out of ignorance, or in pursuit of some worldly profit. Had they reviewed his biography and personal attributes, they would have realized that he is a role model and a charismatic leader, and so they would have stood up in respect and admiration for this great Prophet. Allah has praised him in His Eternal Book (Quran) where He Says (What means): "And thou (standest) on an exalted standard of character." [Al-Qalam/4].

 

The Board of Iftaa`, Research and Islamic Studies confirms that the insulting caricature published by the French satirical newspaper is a clear proof of intentional instigation of hatred and trial the world over, and it should be countered  with decisive measures. Therefore, Muslims shoulder the responsibility of defending the Prophet (PBUH) through applying his Quranic etiquettes, bringing out his beautiful image before the whole world, refuting suspicious matters targeting him and his biography, and abstaining from violence, terrorism and killing as these only lead to distorting the beautiful image of Islam and Muslims.

 

On its part, the Board calls for defending Islam as well as its honorable Prophet via various means of mass media, social and cultural events, initiating dialogue with influential parties and spreading his Sunna (Prophetic tradition) throughout the different aspects of daily life in order for us (Muslims) to be the best followers of the best of prophets and messengers.

 

The Board of Iftaa', Researches and Islamic Studies

 

 

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Summarized Fatawaa

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.

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.

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.