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

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah 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.

Is it permissible for a menstruating woman to recite the Quran from the computer without actually touching the Quran?

It is not permissible for a woman in her menstrual period, or in postpartum to recite the Quran, even by heart, or without actually touching the Quran itself. Recitation itself is what is prohibited on her regardless of how it is done. However, it is permissible for her to surf through the Quran by her eyes, or to recall it in her head without uttering the words. There is no harm for her to look at the Quranic verses on the computer without touching it, or to utter the words as this is called looking not reciting or reading.

What is the ruling on vomiting, and does it invalidate ablution?

Vomit is impure (najis). Its exit is not considered one of the nullifiers of ablution. However, the mouth must be washed and purified from it, and any that gets on clothing or the body must be washed for prayer, because prayer is not valid with impurity present on the body or clothing. And Allah the Almighty knows best.