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Beirut Declaration for a Clear Religious Information
Author : Dar El-Fatwa in Lebanon
Date Added : 28-12-2015

Beirut Declaration for a Clear Religious Information

 

On Dec. 21st, 2015, the Muftis of the Sunni community in Egypt, Jordan and Lebanon signed a joint declaration. It is entitled the "Beirut Declaration for a Clear Religious Information", and it reads as follows:

In light of the aggravating phenomenon of extremism in the Arab and Muslim countries, its employment of social media to instigate killing, exemplary punishment and labeling others with disbelief (Takfir), which belittles religions, manners, principles of communal living, private and public freedoms, the tendencies of the youth, the image of Islam and the Arabs before the world and taking into consideration that the religious invitation is a plain statement to communities and the whole world, the above Muftis, out of their religious and brotherly ties, address the Arab, Muslim and international audience with the following statement which includes five points:

 

First: Renewed commitment to the development of a moderate and reforming religious discourse including the propagation of the values of tolerance and moderation, the strengthening of peace in the society, the re-establishment of trust between generations, support for traditions of communal living and arriving at mutual terms with the world.

 

Second: Renewed commitment to the development of a clear religious information that includes the values of acceptance of others at a religious, national or global level, as well as the peaceful resolution of differences in a space of equal and mutual trust.

 

Third: Cooperation between the departments empowered to issue religious decrees (fatwa) in Egypt, Jordan and Lebanon, at the level of exchange of information and experiences, mutual visits, to combat religious extremism and all other extremists who threaten the security of Arab societies, their unity and their stability.

 

Fourth: Cooperation between Muslim and Christian religious leaders in the setting up of an observatory of coexistence, which will be based in Beirut.

 

Fifth: The exhortation addressed to the Arab media, private and public, to responsibly report religious information, leaving aside anything that may exacerbate religious sensitivities in a context of discrimination and misinformation. It should also be noted that the first and second points of the declaration deal respectively with sermons in mosques as well as current and widespread religious information in the media.

 

Lebanon has always been a country of religious freedoms, equal and responsible coexistence as well as clear and advanced information. At an era of revolutionized media and means of communication, we hope that Beirut will play a pioneering and clear role in promoting values of political moderation and social stability from the perspective of religious values as well as help the world to create an open image about the Arabs and Muslims.

 

 

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Summarized Fatawaa

If someone regularly fasts the six days of Shawwal, are they obligated to fast them every year?

A person is not obligated to fast the six days of Shawwal every year, even if they have made it a habit. However, someone who regularly performs a good deed should not abandon it as long as they are able.

What is the ruling on performing the Duha (forenoon) prayer before its time has begun, because I go to school early in the morning?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The Duha (forenoon) prayer is not valid if performed before its time has begun. Its time starts when the sun has risen to a noticeable height, that is, approximately fifteen minutes after sunrise, and it ends when the sun reaches its zenith (zawāl), shortly before the Dhuhr (noon) prayer. It is stated in Mughni al-Muhtaj (Vol.1/p.455): “Its time is from the rising of the sun [to a spear’s height] until the zenith.”
Accordingly, the Duha prayer is not valid if offered before the sun has risen, and its time remains open until just before Dhuhr. It may be performed at any time at school, during the break between classes or during recess. And Allah Almighty knows best.

What are the conditions that must be met for the 'aqīqah to be valid?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is like the recommended uḍḥiyyah in terms of the type of animal, its age, and its required characteristics — since it is a recommended slaughter and therefore resembles the uḍḥiyyah in its rulings.
It is agreed upon without any difference of opinion that the 'aqīqah is not valid with any animal other than livestock (al-na'am — camels, cattle, and sheep). Likewise, an animal with a disqualifying defect — such as obvious illness, lameness, or blindness in one eye — does not suffice, as has previously been explained in the rulings of the uḍḥiyyah. And Allah Almighty 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.

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