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Contemporary Fatwas and Human Rights
Author : Dr. Hassan Abu_Arqoub
Date Added : 18-09-2022

Contemporary Fatwas and Human Rights

 

The Universal Declaration of Human Rights was created on 10 December 1948. This preamble states: "The inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the world."

The foundation upon which the Universal Declaration was built is that human dignity is shared by all people, no matter who they are or where they live. This exact meaning is reflected in the Message Islam came with and called people to. Here, Allah The Almighty Says (What means): "We have honoured the sons of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favours, above a great part of our creation." [Al-Israa`/70]. A person deserves to enjoy human dignity because he/she is a human being, regardless of any differences.

Sharia has established its rules upon this solid foundation of respecting a human being and honoring him/her. This was and still is the basis of the Jurists` Fatwas.

One example in the old Fiqh is that the Hanfi jurists ruled that it isn`t permissible to sell human hair and bone despite the fact that they are pure. The Illah (the effective or operative cause behind a law) is, as reflected in the texts of Sharia, a dignified human being.

If we take a close look at the contemporary, Fatwas delivered by the General Iftaa` Department, we will notice that they respect human rights and take them into consideration. This is reflected in the following examples:

The Department has issued Fatwas addressing several issues. One Fatwa prohibited discharging guns in celebration of different occasions. Another forbade taking a life under the pretext of honor and forbade suicide to preserve life.

A Fatwa prohibited chastising with fire, opposing torture because it violates human dignity. It also banned filming people injured or killed in accidents to stop violating their privacy and dignity. Moreover, a Fatwa was issued allowing a Muslim to work for organizations concerned with protecting the rights of the vulnerable and war prisoners to support such groups.

There is a Fatwa prohibits the surgical removal of the uteri of the mentally challenged girls since this constitutes an act of aggression against human body through unnecessary surgery and incision. 

The Department has also delivered several Fatwas forbidding the right hand possession to preserve and respect human dignity. For instance, it forbade taking Yazidi women as war prisoners. It also called for claiming rights through the proper legal channels to be granted the right to a fair trial.

The Department has also confirmed that the wife is financially independent, none has the right to take her money without her consent, and has the right to inherit and it is forbidden to deny her that right.

The Department permitted giving Zakah to the poor student to encourage learning as an inherent human right. As a right to participate in cultural life, the Fatwa of the Department confirmed the rights of intellectual property and creativity.

At the practical level, the Department has organized a discussion session on human rights within the Iftaa` Cultural Forum under the heading "Human Rights: Concepts and Roots" delivered by the Commissioner General for Human Rights Dr. Mousa Braizat. 

In collaboration with the Ministry of Environment, the Department established a training course for its staff entitled "Media and the Environment" to train them to spread environmental awareness because a sound environment is a human right. This is in addition to the training workshop entitled (How to Deal with Disabled Persons). Another training workshop entitled "Learning Sign Language" was established for the staff of the Department to facilitate dealing with the deaf and mute. This is in addition to many Fatwas and activities that go in line with human rights in Islamic and international law, which indicates that Department pays attention to human aspects and isn`t far from the legislation that guarantees human rights and preserves human dignity.

 

 

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the Du`a (supplication) of Istikhara (guidance prayer)?

O Allah, I consult You as You are All-Knowing and I appeal to You to give me power as You are Omnipotent, I ask You for Your great favor, for You have power and I do not, and You know all of the hidden matters. O Allah! If you know that this matter (then he should mention it) is good for me in my religion, my livelihood, and for my life in the Hereafter, or he said: "for my present and future life" then make it (easy) for me. And if you know that this matter is not good for me in my religion, my livelihood and my life in the Hereafter, or he said: "for my present and future life" then keep it away from me and take me away from it and choose what is good for me wherever it is and please me with it."

Is it permissible to offer an Udhiyah on behalf of another without their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is not permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else without their permission, except in the following cases: if he sacrifices on behalf of the members of his household, if a guardian sacrifices from his own wealth on behalf of his ward, or if the Imam (ruler) sacrifices from the public treasury (Bayt al-Mal) on behalf of the Muslims. 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.

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.