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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

Is it permissible to offer mandatory prayer while sitting?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.                                                                                                                                                                                                                            Standing up is a pillar in the mandatory prayer and the prayer is not valid without it unless one cannot do it. As for Nafila (supererogatory prayer), one can perform it in the state of sitting even if he/she can stand, but his/her reward is half the reward of the person who prays while standing if he/sh has no legal excuse for such an act. And Allah Knows Best.

What is the ruling on someone who dies while having missed fasts?

● If a person dies before having the opportunity to make up the missed fasts—such as someone whose excuse (e.g., illness) persisted until their death—then no makeup fast (qada), fidyah, or sin applies to them.
● However, if they had the ability to make up the fasts but did not do so before passing away, the missed fasts must be compensated by giving a mudd of food for each missed day from their estate.
The Prophet ﷺ said: "Whoever dies while having a month’s fast due, one needy person should be fed per day on their behalf." [Narrated by At-Tirmidhi]
Additionally, a guardian (wali) may fast on their behalf, as the Prophet ﷺ said: "Whoever dies while having missed fasts, their guardian should fast on their behalf." [Narrated by Al-Bukhari and Muslim]
In another narration: "If they wish." This indicates that both feeding the needy and fasting on behalf of the deceased are permissible options.

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.

There are olive trees within the precincts of the mosque, and my father covers the costs of electricity, water, and other needs of the mosque. Is it permissible for him to take the olive harvest?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
If trees and fruit-bearing crops are planted in a mosque for the mosque itself, they may only be spent on the mosque’s interests. If they were planted for the public way (musabbalah), that is, for the general public, then any Muslim who enters the mosque may eat from them. If the planter’s intention is unknown, they are treated like those dedicated for public use, wherever custom has so run.
It is stated in Tuḥfat al-Muḥtāj (Vol.6/p.295): “The fruit of a tree planted for the mosque within it is not freely permitted without compensation. Rather, the imam spends its equivalent value on the mosque’s interests. The tree left its planter’s ownership here without any verbal declaration because of the evident indication. The case of planting it for the mosque excludes planting it as musabbalah, in which case eating from it without compensation is permissible, and likewise if his intention is unknown, where custom has so run. The tree may be uprooted from the mosque if the imam sees fit. Indeed, if he makes the plot a mosque while a tree stands in it, the imam may uproot it, even if the endower included it within the endowment (waqf).”
The father is a donor (mutabarriʿ), so he is not entitled to take anything in return for his donation to the mosque.
The Ministry of Awqāf is the body that supervises the affairs of endowments, so it must be consulted and the Sharīʿah and administrative instructions regulating such matters must be considered. And Allah Almighty knows best.

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