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

When is it Sunnah to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered on the seventh day from the birth of the newborn. According to the sounder position, the day of birth itself is counted as the first of the seven days. Thus, for example, if the child is born on a Saturday, the 'aqīqah is to be slaughtered on the following Friday. If the child is born at night, the count begins from the day that follows. 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 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 of Islamic Law on a latecomer who joins the imam during the standing position of the first rakʿah but was unable to complete the recitation of al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a latecomer (masbuq) joins the prayer while the imam is standing, he should begin reciting Sūrat al-Fātiḥah immediately, without pausing to recite the opening supplication (duʿāʾ al-istiftāḥ) or the seeking of refuge (taʿawwudh). If the imam bows before he completes al-Fātiḥah, he follows the imam into the bow and leaves whatever remains of al-Fātiḥah — the imam bears it on his behalf.
It is stated in ʿUmdat al-Sālik (p. 47): "If a latecomer finds the imam standing and is confident that he has enough time to recite the taʿawwudh and al-Fātiḥah in full, he may do so. If he is uncertain, he should neither recite the opening supplication nor the taʿawwudh, but rather begin directly with al-Fātiḥah. If the imam bows before he completes it, he follows him into the bow — provided he had not already begun the opening supplication or the taʿawwudh. If he had begun either of them, he continues reciting al-Fātiḥah for as long as he spent on them." And Allah the Almighty knows best.