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A Statement on the Barbaric Crime against the Palestinian Toddler
Author : The General Iftaa` Department
Date Added : 02-08-2015

 

A Statement on the Barbaric Crime against the Palestinian Toddler

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

The world has witnessed the most barbaric act of Israeli terrorism, and that is burning the Palestinian toddler from Dawabsheh family in Nablus to death. Being an innocent baby failed to intercede for him before the Jewish extremism, so he joined the thousands of martyrs who had fallen in Palestine and Jordan.

 

This barbaric crime coincides with the Israeli aggression against Al-Aqsa mosque and its environs in order to create an accomplished fact where Jews attack the Islamic Holy sites and impose their authority on mosques where only Allah is worshiped.

 

Therefore, the General Iftaa Department stresses that the Israeli occupation as well as the international silence towards its crimes are the basis of extremism and terrorism, which are taking place in our Islamic World today.

 

Burning people to death, attacking mosques, and besieging people are some examples of the terrorist acts committed by the Israeli occupation. Heavenly justice-giving back rights to whom they belong- will be served with Allah`s help. Allah Says (what means): "O ye who believe! Persevere in patience and constancy; vie in such perseverance; strengthen each other; and fear God; that ye may prosper."

 

The General Iftaa` Department of Jordan

 

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Summarized Fatawaa

Is it permissible to divide one mudd of fidyah between two people?

No, it is not permissible to divide one mudd between two people, because it would not count as a full meal for either of them.

What is the ruling of Islamic Law on the colored discharges that appear one or two days before the menstrual cycle?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Colored discharges carry the same Islamic ruling as blood, whether they appear at the beginning or the end of the menstrual period. This remains true even if the discharge is intermittent—appearing for some days and stopping for others before returning—provided that the total duration does not exceed fifteen days nor fall short of a day and a night (24 hours). This is because the minimum duration of menstruation (Hayd) is one day and a night, while its maximum duration is fifteen days. Furthermore, the minimum period of purity (Tuhr) between two menstrual cycles is fifteen days, and there is no maximum limit for it. And Allah the Exalted knows best."

I`m a pious Muslim woman, but my husband isn`t, what should I do?

You should exercise patience, make supplication that Allah guides him to the straight path, and keep advising him kindly.

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.