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A Statement on Calling for the Preservation of Brotherly Ties and the Rejection of Conflict and Disagreement
Author : The General Iftaa` Department
Date Added : 19-04-2023

 

A Statement on Calling for the Preservation of Brotherly Ties and the Rejection of Conflict and Disagreement

 

All praise is due to Allah, The Lord of the Worlds, peace and blessings be upon Prophet Mohammad and upon all his family and companions and all those who have assumed his role until the Day of Resurrection:

 

Dear fellow believers!

 

Allah Has Warned us in the Glorious Quran against disagreement and conflict leading to failure, He Said (What means): "And obey God and His Messenger, and do not quarrel with one another, lest you falter and your strength fade; and be patient. Surely God is with the patient." {Al-Anfal/46}.Reprehensible disagreement and conflict lead to exchanging accusations, arousing sectarianism and widening disunity within the Muslim nation. This results in failures and weaknesses, and hinders society from progress and prosperity for all of these negative aspects are tantamount to corruption that is denied by any reasonable person.

 

Allah Has Urged the Muslim community to hold together and to cooperate just like one body; when one of the limbs suffers, the whole body responds to it with wakefulness and fever. Therefore, He warned against disagreements that end with quarrel and division, and commanded holding fast to His solid bond for He Says (What means): "And hold fast to God's bond, together, and do not scatter; remember God's grace upon you when you were enemies, and He brought your hearts together so that by His grace you became brothers..." {Al-Imran/103}. When Muslims complied with this heavenly guidance, their hearts were brought together against all enemies, and whenever the enemies tried to scatter them, they remembered the Prophet`s saying: "Do not (become infidels) revert to disbelief after me by striking the necks (cutting the throats) of one another (killing each other)", {Bukhari and Muslim}. Therefore, all of us have to resort to constructive dialogue and advice to achieve the intended reform.

                                                              .

Dear fellow believers!

 

Abide by the above Hadith (prophetic saying) and the teachings of the Prophet (PBUH) and those of the Holy Quran for the Prophet (PBUH) says: "A Muslim is the one who avoids harming Muslims with his tongue or his hands.", {Bukhari and Muslim}.He further says: “And anybody who believes in Allah and the Last Day should talk what is good or keep quiet. (I.e. abstain from all kinds of evil and dirty talk).”{Bukhari and Muslim}.

 

It is incumbent upon us as Muslims to refrain from acts that cause conflict and division so as not to undermine the unity of our homeland. Instead, we should join forces to achieve all that is good to our religion, country, community, and nation. Allah Says in the Holy Quran (What means): "Help one another to righteousness and piety; do not help one another to sin and enmity. And fear God; surely God is severe in retribution." {Al-Ma`idah/2}.         

 

Dear brothers!

 

We should be a cause for all that is good and a hindrance to all that is evil for the Prophet (PBUH) said in this regard: “Some people are a cause for all that is good and some are a cause for all that is evil; the former are blessed but the latter are disgraced”. {Ibn Majah}. 

 

The General Iftaa` Department calls on all citizens to observe the teachings of Islam, discard all aspects of division, conflict and disagreement as well as all factors that incite to enmity and hatred among the people of the community, and to follow the advice of the Prophet: “I have left in you that which will not lead you astray if you abide by it: The Holy Quran and the Prophetic tradition.” [Related by At-Tirmithi and graded as a sound,scarce/strange narration].

 

We ask Allah, The Almighty, to safeguard our beloved country along with the rest of the Islamic countries, and praise be to Allah, The Lord of The Worlds.

And Peace, Mercy and Blessings of Allah Be upon you all.

 

 

 

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Summarized Fatawaa

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

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.

A woman became pure [from menstruation] before Fajr, but did not perform ghusl until after sunrise — what is the ruling on her fast?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Her fast is valid, since ghusl (ritual bathing) is not a condition for the validity of the fast, but rather for the validity of the prayer. However, she is sinful for delaying the Fajr prayer beyond its designated time without a valid excuse.
It is known that the time for Fajr prayer ends at sunrise. Nevertheless, she must still perform ghusl, and make up the Fajr prayer. And Allah, the Exalted, knows best.

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

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