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

What is the ruling on the prayer of the individual following the imam whose prayer is broadcasted via television?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Among the conditions for the validity of following an Imam (Sihhat al-Iqtida’) is that the Imam and the follower (Ma’mum) must be in the same location. Therefore, the prayer of one who follows an Imam whose prayer is being broadcast via television from a distant location is not valid. However, if the follower is with the Imam in the same mosque, the prayer is valid. And Allah the Exalted knows best.

What should the one performing the slaughter say at the time of slaughtering the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah to say the following supplication at the time of slaughtering the 'aqīqah:
"Bismillāhi wallāhu Akbar, Allāhumma laka wa ilayka, hādhihi 'aqīqatu fulān."
("In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of [the child's name].")
This is based on what al-Bayhaqī narrated in Al-Sunan al-Kubrā (Vol.9/P.511), that the Prophet ﷺ said: "Slaughter it in his name and say: In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of so-and-so."
And Allah Almighty knows best.

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' 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.