Articles

Poses on Enjoining Obligatory Prayer
Author : Dr. Mohammad bani Taha
Date Added : 25-04-2017

 

 

 

Poses on Enjoining Obligatory Prayer, A Flashback to Isra` and Mi`raj

 

 

 

By Dr. Mufti Mohammad Bani Taha

 

All praise be to Allah Who privileged His Slave and Messenger with the miracle of Isra` and Mi`raj. This great event was meant to comfort, support, and honor Prophet Mohammad (PBUH) where he was shown one of Allah`s countless signs and graces, and may peace and blessings be upon him and his followers. 

Just as the Prophet was honored with Isra` and Mi`raj, so was his nation since the five daily prayers were prescribed in that great journey, and what an honor that is!! The following points shed more light on this subject:

• The Prophet (PBUH) was taken on this nocturnal journey during "the year of sorrow" in which his beloved wife Khadijah and his uncle and protector Abu Talib died. Moreover, Allah has prescribed prayer as a refuge for every distressed Muslim. Therefore, when distress befalls a Muslim, he should seek refuge in prayer. Hudhaifah said: "When anything distressed the Prophet (PBUH), he prayed." [Abu Dawood].

 

• Allah's Messenger (PBUH) said: "While I was at Mecca, the roof of my house was opened and Gabriel descended, opened my chest, and washed it with Zamzam water. Then he brought a golden tray full of wisdom and faith and having poured its contents into my chest, he closed it." [Al-Bukhari]. Similarly, when a Muslim is about to pray, he should clear his heart and soul from worldly concerns, just as he should wash his body and clothes from impurities.    

                                                                                                                                                                                                                                                                                                       

• Chapter "Al-Isra`" has mentioned Al-Masjid Al-Aqsa although, at that time, its landmarks were wiped out, and Christians attempted to erase them in order to exasperate the Jews, and no prayer was held there for hundreds of years. Despite all of this, it was called a Masjid since a place dedicated for prayer remains called as such forever due to the greatness of this ritual.

 

 

• The Prophet (Peace and blessings of Allah be upon him) led the other Prophets in prayer during the Isra’ (Night Journey). This indicates that Islamic Law abrogated former Laws. As a result, prayer, due to its significance, became at the forefront of Islamic Law (Sharia). Just as he (PBUH) led them in prayer, his Law dominated and governed other Laws.

 

 

• The Prophet (PBUH) passed by the Oft-frequented House, which embodies to the people of Heaven what al-Masjid al-Haram embodies to the people of earth. Every day, seventy thousand angels enter that House to pray, but they will return to it only on the Day of Resurrection. Moreover, just as the people of earth observe prayer as an act of worship, so do the people of Heaven.

 

 

• Prayer was prescribed directly from Allah, in the seventh heaven, indicating its greatness and honorable status as the link between the slave and His Lord.

In conclusion, keeping the above points in mind helps the Muslim offer prayers with submissive humbleness that The Lord of The Worlds accepts from him and elevates his status for. We beseech Him to accept our acts of obedience, and the last of our prayers is that All Perfect Praise be to The Lord of The Worlds.

 

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling on making up the regular pre-Dhuhr *sunnah* (*al-sunnah al-rātibah al-qabliyyah*) for one who missed it in the Dhuhr prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Every timed supererogatory prayer (nāfilah) is recommended (mandūb) to be made up if its time passes. As for a nāfilah that precedes the obligatory prayer, performing it before the farḍ is a matter of proper etiquette (adab); if it is prayed after the farḍ, it is still considered adāʾ (performed within its time). If the time of the farḍ has ended, it is recommended to make up (qaḍāʾ) the nāfilah for one who did not pray it.
Whoever misses the sunnah before Dhuhr, whether with an excuse or without one, it is recommended for him to pray it after the obligatory Dhuhr prayer, within the time of Dhuhr, even at its end, and it counts as adāʾ, not qaḍāʾ. It is also recommended for one who missed the pre-Dhuhr sunnah to pray it before the post-Dhuhr sunnah, in observance of the proper order. It is stated in ʿUmdat al-Sālik wa ʿUddat al-Nāsik (Vol.1/p.60): "What precedes the obligatory prayer has the same time as the obligatory prayer, and performing it before the farḍ is a matter of etiquette; after it, it is adāʾ. What follows the farḍ has its time begin with the performance of the farḍ and end with the end of its time."
If the time of Dhuhr has ended, it is recommended for him to pray both the pre- and post-Dhuhr sunnahs, and they count as qaḍāʾ for both. It is stated in ʿUmdat al-Sālik (1/61): "Every timed nafl, such as the ʿĪd prayer, Duha, Witr, and the regular rawātib of the obligatory prayers, if it is missed, it is recommended to make it up forever." And Allah Almighty knows best.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the 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.

What is the ruling on performing the obligatory prayer immediately after the commencement of the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the obligatory prayer (Fard) immediately after the commencement of the prayer time. As the Adhan (call to prayer) serves as a sign that the time has entered, it is permissible to pray as soon as the Adhan begins. However, it is recommended (Mustahabb) for whoever hears the Mu’adhin to repeat what he says. If the Adhan occurs while one is already engaged in prayer, he should repeat the words of the Mu’adhin after he has completed his prayer. And Allah the Exalted knows best.