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In order not to Regret the Passing of Ramadan
Author : Dr. Hassan Abu_Arqoub
Date Added : 09-01-2023

 

Amman, the capital of the Hashemite Kingdom of Jordan, is decorated with lights and lanterns celebrating the arrival of the holy month of Ramadan. A sign of joy and pleasure for receiving this honorable guest who brought with it acts of devotion that bring a servant closer to His Lord. In this blessed month, Muslims observe fast following the command of Allah declaring their servitude to Him and attachment to His religion. Coming closer to Allah through observing this act is the true joy since this is what Ramadan represents in a Muslim`s mentality.

Unfortunately, some Muslims fail to grasp the true message of Ramadan by thinking that this month is all about food, drinks, feats, soap operas or Ramadan nights tents, and deviate from the straight path to that of worldly pleasures and desires. On the contrary, Ramadan comes to curb desires and pleasures; not to cause a Muslim to indulge in them. Being a season for obedience and worship, a Muslim should rejoice at its arrival and not have a sense of fear or discomfort for having to observe fast during the summer heat and long days nor complain from thirst or hunger. Rather, a Muslim should seize this golden opportunity that brings him/her closer to the Creator of the universe, Allah. This closeness is tantamount to food for the soul and tranquility for the heart. Allah Says {What means}: "Say: "In the bounty of God. And in His Mercy, - in that let them rejoice": that is better than the (wealth) they hoard." {Younis/58}. 

A Muslim should pray that Allah Lets him/her witness the blessed days of Ramadan in which good deeds are multiplied, evil deeds are erased, and people are pardoned and emancipated from Hell fire. In simple terms, Ramadan is a door for goodness that every Muslims wants to pass through. In addition, there is a great deal of recompense for supplication, which is an act of worship. It is also a means of asking Allah Who has the power to achieve anything; however, one should trust that Allah will answer his/her prayer. Allah The Almighty Says {What means}: "And your Lord says: "Call on Me; I will answer your (Prayer): but those who are too arrogant to serve Me will surely find themselves in Hell - in humiliation!" {Ghafir/ 60}.

Witnessing the blessed month of Ramadan is a great blessing that Allah bestows on His servants as they are given an extra opportunity to repent and multiply their balance of good deeds. It is unfortunate to say that many of our Muslim brothers passed away without having witnessed this month and received its great reward. Therefore, it is the duty of every servant to be grateful to Allah for this generous blessing and through this attitude; he/she becomes entitled to more and more blessings.

A Muslim should take advantage of this month successfully and a successful investment needs successful planning because the general rule says: "Failure to plan is planning to fail." Ramadan is very short for its days are numbered and some Muslims spend it sleeping, eating, drinking, working, and other commitments leaving no room for worship and obedience. Ramadan is like a spectrum; no sooner it arrives than it departs.

This blessed month needs a Muslim to arrange his/her time, divide duties, observe priorities and give precedence to the most important. Failing to do so means having missed a great opportunity to be emancipated from Hell fire and having a great sense of regret at a time when regret will be of no avail.

 

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Summarized Fatawaa

If a woman becomes pure from menstruation before the Fajr Adhan in Ramadan, is she required to fast?

If a woman becomes pure (from menstrual period) before the Fajr Adhan, she must fast, as the impediment preventing her from fasting has been removed. The Sharia maxim in this regard states: "When the impediment is removed, the obligation returns."
She should then make the intention to fast before Fajr and perform ghusl (ritual purification) for prayer, whether before or after Fajr.

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 to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah 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.

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