Articles

Generalizing Judgments
Author : Dr. Hassan Abu_Arqoub
Date Added : 27-12-2022

Generalizing Judgments is one of the Leading Causes of Conflict

 

One of the biggest mistakes a man could fall into is generalizing judgments, and doing so is a signal of inaccuracy as far as judging things and people is concerned. Although generalizing is the first thing that crosses human mind, the wise person overcomes this dilemma by giving it further thought and arriving at a more precise result.

If a person bought some fruits and vegetables and after going home, he realized that they were of poor quality, he will immediately judge all greengrocers as cheaters. This reflects a high degree of injustice to other greengrocers. Here, the bad news is that this is what we do all the time. For example, when a woman discovers that her husband has been cheating on her, she would accuse all men of treachery and vice-versa. This leads to living in a sea of unfair generalizations, which aren`t accepted by reason and logic and, at the same time, are contrary to reality.

The question that arises here is how to handle such generalized judgments?

As a listener, one shouldn`t accept generalized judgments nor take them for granted. When your child tells you that all the other children go picnicking with their parents on Fridays, there is no doubt that this is inaccurate since many parents work on that day, some prefer to rest and relax while others conduct family visits and the like.

As a speaker, one should make sure not to generalize judgments. Thus, one should say: a greengrocer had cheated me, some husbands cheat on their wives and vice versa, some children go picnicking with their parents on Friday, and the like. This way is acceptable and accurate.

When something is said: "it may seem simple, but extremely difficult to apply." If we give it more thought, we would realize that generalizing judgments ruins many relationships and undermines the security of the country and the people. For example, a member of a certain clan kills someone from another clan, then the family of the killed attack the family of the killer and set their properties on fire. The key question that arises here is that what is the fault of the killer`s family? One individual committed the crime but all his family members were harmed as a result. Why does such thing happen? It is because the judgment has been generalized and every member of the killer`s family was considered a killer. This is the practice of the people of Jahhiliyyah (Pre-Islamic times of ignorance) for they used to kill many for one. As a result, Allah Prescribed Qisas (Retaliation in kind); "Eye for an eye", or "Retributive justice.") where the killer alone is punished."

The same goes in case a non-Arab killed an Arab. A judgment is generalized whereby it will be said that non-Arabs are plotting to kill us so it is allowed to kill them in self-defense. The same goes when a non-Muslim kills a Muslim. It will be said that non-Muslims are killing Muslims so Muslims must kill them first. All of this is due to generalization, which makes a person feel that his/her identity is at risk and then becomes driven to wage a sacred war to defend that identity although the root of the problem has nothing to do with the issue of identity in the first place. It is simply a fight between two individuals each of whom belongs to a certain religion or denomination.

This is where the role of the wise people come into play. They address the problem according to its actual size and keep it under control. In fact, Islam teaches us to deal with issues in this manner since Allah Says (What means): "No bearer of burdens can bear the burden of another." [Az-Zumar/7], as well as, The Almighty Said (What means): "That man can have nothing but what he strives for;" [An-Najim/39], and He, The Most Exalted, Said (What means): "(Yet) is each individual in pledge for his deeds." [At-Tur/21]. As reflected in these texts, each person must be held accountable for his/her own deeds.

As Muslims, we experience the injustice resulting from generalizing judgments on steady basis since whenever a terrorist attack takes place in the west, western countries adopt tough positions towards Islam and Muslims. In a survey conducted by Prof. Mohammad Abu An-Nimer, it was found out that five thousand sources of the Library of Congress connect violence to Islam. 

As Muslims, we must portray the magnanimous image of Islam and never assume that the true beautiful image of Islam is self-evident. This is in addition to avoiding falling into the trap of generalizing judgments since the others aren`t essentially the same.

 

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Summarized Fatawaa

Is it a condition that a woman should untie her locks while making Ghusl (ritual bath)?

Ghusl from Janabah (ritual impurity), or menstruation obligates that water reaches the roots of the hair in order for the Ghusl to be valid, but if it doesn`t, then hair locks must be untied for water to reach them, and for Ghusl to become valid.

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
There are several Sunnahs (prophetic traditions) and etiquettes that are highly recommended for the person offering an Udhiyah (sacrificial offering) to observe:
 
First:
It is a Sunnah for anyone intending to offer a sacrifice to refrain from cutting or removing any of their hair or nails once the first ten days of Dhul-Hijjah begin. This is based on the statement of the Prophet (peace and blessings be upon him): "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch any of his hair or skin." (Narrated by Muslim)
 
However, if someone does happen to remove any hair or nails, they have not committed a sin, and their sacrifice remains perfectly valid.
 
Second:
The person offering the sacrifice should ideally slaughter the animal themselves. If they are unable to do so, they should at least witness its slaughter. This is drawn from what our Master, the Messenger of Allah (peace and blessings be upon him), said to Lady Fatima (may Allah be pleased with her):
 
"Stand up and witness your sacrifice, for with its very first drop of blood, every sin you have committed will be forgiven." (Narrated by Al-Tabarani in his Mu'jam, Al-Hakim in his Mustadrak, and Al-Bayhaqi in his Sunan)
 
Third:
Face the Qiblah (the direction of prayer) at the time of slaughtering, as the Qiblah is the most honorable of directions.
 
Fourth:
Pronounce the name of Allah (Tasmiyah) at the moment of slaughter by saying: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). Even if one forgets to say it, the meat remains lawful (Halal) to eat. Allah, Blessed and Exalted is He, says:
 
"So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am: 118)
 
It is also recommended to send blessings upon our Master, the Messenger of Allah (peace and blessings be upon him), and to follow it with the Takbeer (Allahu Akbar).
 
Fifth:
Supplicate for acceptance by saying: "Allahumma hadhihi minka wa ilayka, fa-taqabbal minni" (O Allah, this is a blessing from You and is offered back to You, so please accept it from me). This means: This sacrifice is a blessing that originated from You, and I am offering it to draw closer to You. And Allah the Almighty Knows Best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.