Articles

Statement on the Mobile Phone Competition Insulting the Companions
Author : The General Iftaa` Department
Date Added : 23-02-2023

 

The General Iftaa` Department received many calls, messages and inquiries about a message, insulting the Noble Companion Omar bin Al-Khattab, sent in a texting competition from a cell phone company.

We, the General Iftaa` Department, reject insulting or undermining any of the Prophet`s Noble Companions given their high status in the sight of both the Prophet and all Muslims.

 

They are the ones who carried the message of Islam after the passing away of the Prophet Mohammad, blessings and peace be upon him. They were also praised in many verses of the Quran as well as many Prophetic traditions:

 

Allah The Almighty Says {What means}: "God’s Good Pleasure was on the Believers when they swore Fealty to thee under the Tree: He knew what was in their hearts, and He sent down Tranquility to them; and He rewarded them with a speedy Victory;" {Al-Fatih, 18}. He also Says {What means}: "The vanguard (of Islam) - the first of those who forsook (their homes) and of those who gave them aid, and (also) those who follow them in (all) good deeds,- well- pleased is God with them, as are they with Him: for them hath He prepared gardens under which rivers flow, to dwell therein forever: that is the supreme felicity." {At-Tawbah, 100}. In addition, Abu Huraira reported Allah's Messenger (PBUH) as saying: "Do not revile my Companions, do not revile my Companions. By Him in Whose Hand is my life, if one amongst you would have spent as much gold as Uhud it would not amount to as much as one much on behalf of one of them or half of it." {Transmitted by Bukhari}. The Prophet (PBUH) also said: "The people of my generation are the best, then those who follow them, and then those who follow the latter. After that there will come some people whose witness will go ahead of their oaths, and their oaths will go ahead of their witness." {Transmitted by Bukhari}.

 

We reject any insult to any of the Noble Companions of the Prophet, blessings and peace be upon him. Therefore, the Grand Mufti called that company and asked for an explanation, so it sent a letter indicating that the telecommunications company had nothing to do with this and only provided value-added services to another company. That other company apologized, expressed deep sorrow, and explained that it was a technical error where the answers to that particular question were mixed with those of another.

 

Accordingly, the General Iftaa` Department takes utmost care not to offend the religious feelings of the citizens and affirms that participation in short-messages contests via cellular phones involves eating up people`s wealth unjustly, so such contests are forbidden because they involve gambling. And Allah The Almighty Knows Best.

 

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Summarized Fatawaa

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

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 for a woman to lead other women in prayer?

Yes, it is permissible for a woman to lead other women in prayer. The most knowledgeable among them in the rulings of prayer should act as the imam. She should stand in the middle of the row, slightly ahead of the others.

What is the ruling on making up the regular pre-Dhuhr *sunnah* (*al-sunnah al-rātibah al-qabliyyah*) for one who missed it in the Dhuhr prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Every timed supererogatory prayer (nāfilah) is recommended (mandūb) to be made up if its time passes. As for a nāfilah that precedes the obligatory prayer, performing it before the farḍ is a matter of proper etiquette (adab); if it is prayed after the farḍ, it is still considered adāʾ (performed within its time). If the time of the farḍ has ended, it is recommended to make up (qaḍāʾ) the nāfilah for one who did not pray it.
Whoever misses the sunnah before Dhuhr, whether with an excuse or without one, it is recommended for him to pray it after the obligatory Dhuhr prayer, within the time of Dhuhr, even at its end, and it counts as adāʾ, not qaḍāʾ. It is also recommended for one who missed the pre-Dhuhr sunnah to pray it before the post-Dhuhr sunnah, in observance of the proper order. It is stated in ʿUmdat al-Sālik wa ʿUddat al-Nāsik (Vol.1/p.60): "What precedes the obligatory prayer has the same time as the obligatory prayer, and performing it before the farḍ is a matter of etiquette; after it, it is adāʾ. What follows the farḍ has its time begin with the performance of the farḍ and end with the end of its time."
If the time of Dhuhr has ended, it is recommended for him to pray both the pre- and post-Dhuhr sunnahs, and they count as qaḍāʾ for both. It is stated in ʿUmdat al-Sālik (1/61): "Every timed nafl, such as the ʿĪd prayer, Duha, Witr, and the regular rawātib of the obligatory prayers, if it is missed, it is recommended to make it up forever." And Allah Almighty knows best.