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 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 the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

Is "Bismillāhir-Raḥmānir-Raḥīm" a verse (āyah) of Sūrat al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The basmalah ("Bismillāhir-Raḥmānir-Raḥīm") is, without question, a verse (āyah) of the Noble Qur'an, and according to the Shāfi‘ī school, it constitutes a verse of Sūrat al-Fātiḥah itself. Al-Fātiḥah is a pillar of the prayer, and it consists of seven verses, of which the basmalah is one. The prayer is not valid without reciting it, nor if any of the Fātiḥah's verses, letters, or shaddahs (consonant doublings) are omitted or altered.
It is stated in Bushrā al-Karīm (Vol.1/p.202), from the books of the Shāfi‘ī school: "The basmalah is a complete verse of it [i.e., of al-Fātiḥah] in practice — and it suffices, for this to be established, that there be strong probability (ẓann), especially given that this has come very close to certainty (yaqīn), due to the consensus (ijmā‘) of the Companions on its inclusion in the muṣ-ḥaf [the written text of the Qur'an] in its script, despite their extreme diligence in excluding from it anything that did not genuinely belong to it — to the point that they even [carefully regulated] its diacritical dots and vowel markings." And Allah, the Exalted, knows best.

The imam recited a verse containing a prostration of recitation (*sajdat al-tilāwah*) but did not prostrate. After the imam's *salām*, a follower (*maʾmūm*) performed a prostration of forgetfulness (*sujūd al-sahw*) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.
If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.
It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”
Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.