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People Infected with COVID-19 are Prohibited to Mix with Others in order to Avoid Transmitting the Infection
Author : The General Iftaa' Department
Date Added : 04-11-2020

People Infected with Coronavirus are Prohibited to Mix with Others in order to Avoid Transmitting the Infection 

 

The people infected with an infectious disease such as COVID-19  or might be aren't permitted to mix with sound people, in order to avoid transmitting it to the latter; because this will cause damage; particularly, to the people in the first place , country's health, economic and security in addition to causing failure to both private and public sectors.

 

In this regard, the Prophet (PBUH) ordered us to be in quarantine in case plague breaks out which is considered an infectious disease, since he said (What means):" If you hear that it (plague) has broken out in a land, do not go to it; but if it breaks out in a land where you are present, do not go out escaping from it." Besides, according to scholars, the forbid in the above narration is of the same level of prohibition .i.e. the prohibition of going out a country in if the plague breaks out in it and the prohibition of fleeing away from a country in which the plague has broken out in it.

 

Moreover, Every infectious disease such as COVID-19 is measured and should has the same procedures of plague, so the infected person isn't permitted to mix with sound people because such an act will definitely cause them harm; in addition, the Prophet (PBUH) said (What means):" There should be neither harming nor reciprocating harm.". 

Further, the infected one is not permitted to pray at the Mosque and to avoid gatherings at all and considered sinful if he did otherwise. As the smell of onion and garlic exempts a person from performing congregational prayers in the Mosque, then what will be the case with infectious disease that might cause either death or harm!

 

Therefore, the infected person has to abide by the quarantine as well as to follow the procedures and instructions issued by specialists, and whosoever isn't committed to the latter procedures is considered sinful according to the ruling of Sharia and his act is of striving with might and main for mischief through the land, for Allah, The Exalted said (What means):" and those strive with might and main for mischief through the land." 

 

Furthermore, whoever violates the above procedures and instructions deserves punishment in this life and in the Hereafter, because he violated what been enjoined by Allah and His Messenger and accordingly, the ruler who ordered the infected person not to mix with others for the good of all people; yet, the latter should act in accordance to the benefit of people as stipulated by jurists and the punishment of the aforementioned violation is determined by him based on the quantity of damage inflicted upon others by the infected person.

 

Besides, whosoever avoid the quarantine and mixes with others although being infected with infectious disease and causes death to others, is considered murderer and he is obliged to pay Diya and fast for two consecutive months. In addition, the compensation (the Diya and fasting) are due on him for each death that took place due to his violation, for Allah, The Exalted said (What means):" Never should a believer kill a believer; but (If it so happens) by mistake, (Compensation is due): If one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased’s family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (Is enough). If he belonged to a people with whom ye have treaty of Mutual alliance, compensation should be paid to his family, and a believing slave be freed).

 

Finally, the person infected with COVID-19 and the one who might be should take all proper procedures to preserve their health .i.e. being in quarantine to avoid transmitting the infection and whoever violates that is considered sinful and is to be punished in this life and in the Hereafter; furthermore, if he didn't get his punishment in this life then he won't be able to do so in the Hereafter save if he repent to Allah.

 

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Summarized Fatawaa

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). 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.