Articles

Statement on Preserving Country and Expressing Opinion through Peaceful Means
Author : The General Iftaa` Department
Date Added : 22-02-2023

 

All perfect praise be to Allah The Lord of The Worlds. Blessings and peace be upon our Prophet Mohammad, his family and noble companions.

Jordanians take pride in their country as an oasis of security and stability, being the country of the Muhajirin (emigrants) and the Ansar (helpers), and a safe haven for those in distress. God willing, Jordan will continue as such beating on the awareness of its people and the wisdom of its youth who built it with tenacity and ability. In these times, we are going through; we affirm that it is the right of citizens to express their views and attitudes through peaceful and legal methods. However, we call on all Jordanians to unite and cooperate in piety and righteousness, preserve national unity, maintain security and stability, and prevent any transgression against public or private property. Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. For Allah Is Strict in punishment. {Al-Mai`dah/2}.

 

The General Iftaa` Dept. affirms that it is obligatory to abide by the rules of Sharia, resort to reason and logic, observe interests of citizens and country, preserve public and private property, protect national achievements, and carry out comprehensive reform in various spheres of life. This is to achieve what Allah Stated in the following verse: "I only desire (your) betterment to the best of my power; and my success (in my task) can only come from God. In Him I trust, and unto Him I look." {Hud/88}.

 

This great religion, Islam, forbids aggression against funds and property, both public and private, honor and life. It also forbids intimidating people and regards such an act one of the grave sins. The Messenger of Allah Says (What means): "Everything belonging to a Muslim is inviolable for a Muslim; his honor, his blood and property." {Transmitted by Muslim}. He also Says (What means): "Verily your blood, your property and your honor are as sacred and inviolable as the sanctity of this day of yours, in this month of yours and in this town of yours." {Transmitted by Bukhari}.

 

We call upon the scholars of the nation, the wise and the people of consequence to play their guiding and reformist role and take the supreme interests of the nation and country into consideration. We ask The Almighty to Keep our country safe and secure, Spare it along with the rest of the Muslim countries seditions, visible and invisible. Indeed, He Is The Best to Protect and The Best to help.

 

 

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Summarized Fatawaa

What is the ruling on praying seated due to severe obesity, given that I experience hardship in performing the prayer — especially when rising from the ground after sujūd to perform the next rak‘ah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Standing, when one is able to do so, is a pillar of the prayer. However, whoever would experience severe, intolerable hardship, or fears harm to himself or to a limb due to obesity, or finds that standing causes him to lose his khushū‘ (humble focus and concentration) in prayer, then there is no objection to his praying seated on a chair or on the ground, performing rukū‘ (bowing) and sujūd (prostration) through gesture — provided that the gesture for sujūd is made lower than that for rukū‘. Whoever is able, at any point, to properly perform any one of these pillars, is obligated to perform it in full; for omitting it is a concession that applies only in cases of genuine inability. The Prophet ﷺ said: "When I command you to do something, do of it whatever you are able." (Related by al-Bukhārī). As the scholars of fiqh have established: what remains possible is not waived on account of what is difficult.
The criterion for determining genuine inability, as chosen by Imam al-Ḥaramayn al-Juwaynī (raḥimahullāh), is that the worshipper experiences hardship that causes him to lose his khushū‘.
As for voluntary (nafl) prayer, there is no objection to performing it while seated, even if one is able to stand. However, rukū‘ and sujūd must still be performed [in their proper physical form] by anyone who is able to do so. And Allah, the Exalted, knows best.

What is the ruling on performing the obligatory prayer immediately after the commencement of the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the obligatory prayer (Fard) immediately after the commencement of the prayer time. As the Adhan (call to prayer) serves as a sign that the time has entered, it is permissible to pray as soon as the Adhan begins. However, it is recommended (Mustahabb) for whoever hears the Mu’adhin to repeat what he says. If the Adhan occurs while one is already engaged in prayer, he should repeat the words of the Mu’adhin after he has completed his prayer. And Allah the Exalted knows best.

What is the ruling on giving Zakah (obligatory charity) to one`s relatives?

It is impermissible to pay Zakah to one`s origins (parents and grandparents) because providing for them is an obligation on their branches (sons and daughters) if they were poor, but it is permissible to give some of the Zakah money to relatives whose provision isn`t due on the giver of the Zakah.

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.