Articles

The Obligation of Supporting Palestinians Defending Al-Aqsa Mosque and Sheikh Jarrah Neighborhood
Author : The General Iftaa' Department
Date Added : 16-05-2021

A Statement on the Obligation of Supporting Palestinians Defending Al-Aqsa Mosque and Sheikh Jarrah Neighborhood

 

 

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad, his family and companions.

 

In light of the barbarous campaign launched by the Israeli occupation forces against the Palestinians stationed in East Jerusalem`s Sheikh Jarrah, the subsequent violations at Al-Aqsa mosque and the attacks against Palestinian worshippers stationed there.

 

The General Iftaa` Department, in the Hashemite Kingdom of Jordan, reaffirms its condemnation of these unethical practices, which contradict the values of tolerance, peaceful coexistence and human rights. It reaffirms that the Palestinian residents of Jerusalem has the right to defend the Islamic holy sites and foil Israeli attempts to ban worshippers from praying at Al-Aqsa. This is in addition to harassing Jerusalemites, driving them out of their homes and placing restrictions on entering Al-Aqsa mosque, which is an integral part of a Muslim`s faith as it is the first direction of prayer,  the second mosque ever established for mankind on earth and the third holiest mosque.

 

We pray that Allah helps the Palestinians and supports their steadfastness against this heinous enemy. We also stress that defending Palestine and Al-Aqsa mosque is the religious duty of every Muslim person, leaders, governments and thinkers. However, this begins by holding on to the religious constants and Islamic creed, in addition to reminding people about the significance of Al-Aqsa mosque and the sufferings of the Jerusalemites at the hands of the Israeli occupation forces. Allah The Almighty Says (What means): "God has promised, to those among you who believe and work righteous deeds, that He will, of a surety, grant them in the land, inheritance (of power), as He granted it to those before them; that He will establish in authority their religion - the one which He has chosen for them; and that He will change (their state), after the fear in which they (lived), to one of security and peace: ’They will worship Me (alone) and not associate aught with Me. ’If any do reject Faith after this, they are rebellious and wicked." [An-Nur, 55]. We highly appreciate their steadfastness in defending the Islamic holy sites in Jerusalem. We also stress the role and importance of the Hashemite custodianship over Al-Aqsa mosque in terms of safeguarding Islamic and Christian holy sites. This custodianship is the first line of defense against usurpation or aggression in terms of time and place. We are thankful to His Majesty King Abdullah the 2nd for his relentless efforts in support of Jerusalem and Al-Aqsa mosque. We will always follow his wise leadership, which didn`t flinch from sacrificing everything for the sakes of Al-Aqsa mosque and the just causes of the Arab nation.

 

We pray that Allah pardons our mistakes, achieves our aspirations, grants us victory over our enemies and blesses us with liberating our Islamic sanctities, and that for God is surely no great matter. 

 

 

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Summarized Fatawaa

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

What is the ruling on praying while wearing shoes?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

There is no sin for a Muslim to perform prayer while wearing their sandals or shoes, provided they are free from any impurities (najasa). It was narrated that Anas bin Malik (may Allah be pleased with him) was asked: 'Did the Prophet ﷺ pray in his sandals?' He replied: 'Yes.'" (Related by Al-Bukhari).

It is stated in Fath al-Bari (Vol.1/P.494) by Ibn Hajar (may Allah have mercy on him): "Regarding the phrase 'praying in his sandals,' Ibn Battal said: 'This is understood to apply as long as there is no impurity on them; furthermore, this is considered one of the legal concessions (rukhas)." And Allah the Almighty knows best.

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
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.