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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 reciting the Noble Qur’an during menstruation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is impermissible for a woman in menses, a woman in postnatal bleeding, or a person in a state of major ritual impurity to recite any part of the Noble Qur’an with the intention of recitation, even from a mobile phone or a computer, and even if the recitation is from memory. It is narrated on the authority of ʿAlī ibn Abī Ṭālib (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) “was not prevented, or he said kept back, from the Qur’an by anything except janābah (major ritual impurity).” It was narrated by Abū Dāwūd and al-Tirmidhī, who said: “Ḥasan ṣaḥīḥ.”
Janābah and menstruation are one and the same in that both constitute a major ritual impurity. Just as a woman is commanded by Allah Almighty to pray, fast, and recite the Noble Qur’an during her period of purity, she is likewise commanded to refrain from these during the period of her excuse.
For further reference, see the fatwas: (Fatwas of Shaykh Nūḥ, Fatwa no. 27) and (248). And Allah Almighty knows best.

When does the time for Udhiyah begin?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The permissible timeframe for Udhiyah (sacrificial offering) begins on the day of Eid al-Adha—the 10th of Dhul-Hijjah—once the sun has risen and a period of time sufficient to perform two brief prayer units (Rak'ahs) and two short sermons (Khutbahs) has passed. This window remains open until the sun sets on the final day of Tashreeq, which is the 13th of Dhul-Hijjah.
 
Our Master, the Messenger of Allah (peace and blessings be upon him), said: "Every valley of Mina is a place of sacrifice, and slaughtering may be done throughout all the days of Tashreeq." (Narrated by Al-Bayhaqi and Ibn Hibban)
 
The days of Tashreeq refer to the 11th, 12th, and 13th of Dhul-Hijjah.
 
The most virtuous time to perform the sacrifice is immediately after concluding the Eid prayer, based on the statement of the Prophet (peace and blessings be upon him): "The first thing we do on this day of ours is to pray, then we return and offer our sacrifice. Whoever does that has acted in accordance with our Sunnah (tradition), and whoever slaughters before that, it is merely meat he has provided for his family; it has nothing to do with the ritual sacrifice." (Reported by Al-Bukhari and Muslim)
 
What is meant here is an estimation of time rather than the actual performance of the prayer itself, as our Master, the Messenger of Allah (peace and blessings be upon him), used to offer the Eid al-Adha prayer immediately after sunrise.
 
The sacrifice is valid if performed at any time during these designated days, whether by day or by night, though slaughtering at night is considered disliked (Makruh). And Allah the Almighty Knows Best.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

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

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. 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.

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