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A statement on Recognizing Jerusalem as Capital of the Israeli Entity
Author : The General Iftaa` Department
Date Added : 07-12-2017

 

All perfect praise be to Allah, The Lord of The Worlds and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

The General Iftaa' Department strongly condemns the resolution taken by the US administration in which it recognized Jerusalem as capital of the Israeli occupation and  decided moving the US Embassy there. This act constitutes a flagrant violation against Muslims' creed.

On its part, the Dept. reminds the world of the UNISCO's World Heritage Center`s resolution which ascertains that Israel has no sovereignty over Jerusalem. Accordingly, the U.S resolution is invalid in all forms and defies the international law and all related resolutions. Moreover, issuing such resolution incites conflicts and crises in a region that is already suffering the scourge of war.

Almighty Allah has privileged Al-Aqsa Mosque with a special place in the hearts of all Muslims emanating from  the essence of their belief since it  (Al-Aqsa Mosque) is the first of the two Qiblahs (Al-Aqsa Mosque and Al-Masjid Al-Haraam of Makkah), the second of the two Holy Mosques (The sacred mosques of Makkah and Medina) ,the third of the Harams as well as the place from where the Messenger (PBUH) embarked on his nocturnal journey (Al-Israa`wal Mi`raaj). Al-Aqsa Mosque is a sacred destination to which hearts of Muslims yarn and rewards are multiplied. The Prophet (PBUH) said: "You should not undertake a special journey to visit any place other than the three mosques: the Sacred Mosque of Makkah, this Mosque of mine and Al-Aqsa Mosque (of Jerusalem). [Agreed upon].

We ,The Jordan Iftaa` Department, who are privileged with a wise Hashemite leadership that spares no effort in restoring and defending Al-Aqsa Mosque based on deeply-rooted Islamic belief that tightly bonds all Muslims, stress our rejection to all the provocative acts undertaken by the oppressive Israeli enemy against Muslims with the purpose of dividing as well as  Judaizing  the mosque. Almighty Allah Says in the Holy Quran (What means): "And who does greater evil than he who bars God's places of worship, so that His Name be not invoked in them, and strives to ruin them?; such men might never enter them, save in fear; for them in this world is degradation; and in the Hereafter a mighty chastisement." [Al-Baqarah /114].

We highly value the steadfastness of our Palestinian brothers and commend their heroic defense of Jerusalem and the holy places. We ask Allah The Exalted to bestow victory upon them and keep them strong.

In this era, it is the religious duty of all Muslims: people, leaderships, governments, and intellectuals to defend Al-Aqsa Mosque against all dangers and violations. We confirm that the guardianship over Al-Aqsa Mosque is the right of all Muslims represented by the Hashemite leadership which enjoyed that privilege by virtue of its historic legacy and the guardianship agreement signed with the Palestinian Authority, and not with the Israeli occupation authorities whose acts aren`t recognized as far as this matter is concerned. We also confirm that it is impermissible to undermine this guardianship over the holy places, or abdicate it.

We pray that Allah, The Exalted, protects Jerusalem, the Islamic sanctities and the Muslim nation. And All perfect praise be to Allah, The Lord of The Worlds.

The General Iftaa' Dept.

 

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Summarized Fatawaa

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 offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

A pregnant woman has iron deficiency. When she showers, she becomes very tired and feels cold. What is the ruling on tayammum in this situation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
One should not resort to tayammum (dry ablution) as a substitute for the obligatory ghusl (ritual bathing) so long as it remains possible to use water — for example, by heating the water, warming the place where the bathing takes place, or taking other similar precautions. However, if such measures prove ineffective, or are simply not possible to carry out, and performing ghusl [with cold water] would result in severe harm, then tayammum becomes permissible in that case, due to genuine inability to use water on account of the harm that would result, as described in the question. That said, she must make up (qaḍā') the prayers she performed using this tayammum.
It is stated in Bushrā al-Karīm: "One should not perform tayammum on account of cold unless warming the limbs fails to remove the aforementioned harm, and no means are available to heat the water — such as a vessel, firewood, or fire — and one fears [that using cold water would result in] any of the harms mentioned earlier in the discussion on illness: danger to life, loss of function in a limb, the onset or worsening of an illness, delayed recovery, or the [visible bodily] blemish mentioned in that discussion on illness. In such a case, tayammum becomes permissible due to the harm involved, but the prayer must still be made up afterward (qaḍā'). If, however, warming the body proves effective, or the means to heat the water are available, or none of the aforementioned harms are feared — then tayammum is not permissible, even if using the water causes some degree of discomfort or pain, since mere discomfort alone does not permit resorting to tayammum." And Allah, the Exalted, knows best.

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

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