Articles

In Commemoration of the Prophet's Hijra (Migration)
Author : Dr Noah Ali Salman
Date Added : 14-10-2015

 

In Commemoration of the Prophet's Hijra (Migration)

 

 

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.

 

Usually, a significant event marks the beginning of any nation`s history. As Muslims, our history is pregnant with significant events such as the birth of the Prophet (PBUH), the descent of the revelation, the Hijra (Divinely ordained migration) from Makkah to Medina, the divine declaration in which Allah has perfected our religion for us, completed His favor upon us, and has chosen Islam for us as our religion.

 

However, when Umar Bin Al-Kattab consulted the honorable companions (May Allah Be Pleased with them) on the starting date of the Islamic calendar, they agreed that the most appropriate reference point for the Islamic calendar was the Hijra. Umar justified that by saying: "Islam has been powerful since the Hijra." In fact, Islam has assumed its right and complete position by the Hijra, and there are three important issues in this regard:

 

First: The noble companions have agreed that having a calendar is one aspect of any nation`s independence and a reflection of its privacy, so it is unacceptable that the Muslim nation follows the calendar of another nation for marking its events. Thanks to Allah, our Islamic nation has been using the Islamic calendar to show that it is proud of its religion, it is distinguished, it is independent, and it is loyal to the Prophet who initiated the Hijra.

 

Second: Allah, the Almighty, has honored Islam with the Hijra, because Muslims gathered in Medina under the leadership of the Prophet (PBUH) and they established a state concerned with spreading Islam and protecting Muslims against aggression. As a result, the principles of Islam were reflected in the behavior of the Muslim society, and this led to the spread of justice, goodness, observing kinship ties as well as ending injustice, aggression, lewdness and abomination, as indicated in the following verse, (What means): "Indeed God enjoins justice and virtue and giving to kinsfolk, and He forbids lewdness, and abomination, and aggression: He admonishes you so that you might remember." [An-Nahil/90].

 

A close comparison between the number of Muslims before Hijra and after it shows that there is a big difference although they were invited to Islam by the same Prophet, Mohammad (PBUH). He enjoyed the needed eloquence and wisdom, but his style varied in accordance with the new conditions since people are more influenced by what they see, than what they hear. Rather, they neither listen to the weak nor respect what is right unless it was backed with might.

 

Three: It is necessary at this time and at every other time that Muslims reflect the bright image of the glorious Islam through their behavior and that the task of inviting others to embrace Islam should be passed to the different generations, because Allah has sent this religion as a mercy to all humanity.

If some Muslims have tarnished the bright image of Islam through violating its very teachings, then it is incumbent upon every Muslim to set the records straight and clear that suspicion.

It is a relief that people the world round are still embracing Islam owing to the sincere efforts of faithful Muslims who invite them to Allah by good word and good deed.

 

Finally, people of reason, even non-Muslims, are still admiring and praising Islam; however, if some have insulted Islam by word or deed, or insulted the Prophet (PBUH), then he is too honorable to be belittled by the rancorous and the disbelieving.

 

And All perfect praise be to Allah, The Lord of The Worlds.

 

 

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Summarized Fatawaa

What is the ruling of Islamic Law on continuity (muwalah) in the ritual bath?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Continuity (muwālāh) means washing each part of the body immediately after the previous one, without leaving a gap long enough for the first part to dry before the second is washed. According to the Shāfiʿī school, continuity is a recommended act (sunnah) in both the ritual bath (ghusl) and ablution (wuḍūʾ) — it is not obligatory.
It is stated in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj: "Likewise, continuity in the ritual bath is recommended, just as it is in ablution."
Accordingly, continuity in the ritual bath is a sunnah. And Allah the Almighty knows best.

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. 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.

What is the wisdom behind legislating the Udhiyah?

The Muslim must know that through the Uḍḥiyah, he complies with the command of Allah, the Exalted, and performs a worship that brings him closer to Allah and distances him from the Fire.
 
The Uḍḥiyah holds profound wisdoms and noble meanings, including:
 
1-Reviving the Sunnah of Abraham, peace be upon him: He complied with Allah's command when He ordered him to slaughter his son Ishmael. Abraham, peace be upon him, succeeded in the test, and when he was about to slaughter his son, Allah sent down a ram to ransom Ishmael and commanded him to slaughter it instead. Allah, the Exalted, says {what means]: "And when he reached with him [the age of] exertion, he said, 'O my son, indeed I have seen in a dream that I [must] sacrifice you, so see what you think.' He said, 'O my father, do as you are commanded. You will find me, if Allah wills, of the steadfast.' And when they had both submitted and he put him down upon his forehead, We called to him, 'O Abraham, You have fulfilled the vision.' Indeed, We thus reward the doers of good. Indeed, this was the clear trial. And We ransomed him with a great sacrifice." [Al-Ṣāffāt/102-107]. Thus, the sacrificial offering became an enduring Sunnah until the Day of Judgment, and Muslims offer their wealth as sacrifices, drawing closer to Allah, the Exalted, reviving this great Sunnah.
 
2-Providing abundance for people on Eid day and the Days of Tashrīq: Among the wisdoms of the Uḍḥiyah is that the Muslim provides generously for his family, neighbors, relatives, and the poor during these days. The Muslim is encouraged to eat from his sacrifice, give charity from it to the poor, and gift from it to his wealthy neighbors. Thus, goodness spreads throughout the entire community. The Prophet, peace and blessings be upon him, said: "The Days of Tashrīq are days of eating and drinking." (Narrated by Muslim). Allah, the Exalted, says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Ḥajj/36]. This good includes the good of both this world and the Hereafter.