Articles

The Terrorist Crime in America and Libya
Author : The General Iftaa` Department
Date Added : 14-05-2023

The Terrorist Crime in America and Libya

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

The General Iftaa` Department ascertains that the killing of the innocent based on religious, sectarian or racial affiliations poses a serious threat to all humanity and a transgression rejected by Islam, the religion of mercy and human dignity. Allah says {what means}: "We sent thee not, but as a Mercy for all creatures." {Al-Anbiya`, 107}. He also says {What means}: "We have honoured the sons of Adam;" {Al-Israa`, 70}.

The Department strongly condemns the heinous crime that took place in the United States and led to the death of three Muslims. It also condemns the horrible crime in which a number of Egyptian Coptic Christians were beheaded in Libya. A crime so abhorring that it shook the world conscience. However, these stonehearted criminals don`t represent Islam and Islam is innocent from them.

Accordingly, the Department calls on scholars, thinkers and opinion influencers to stand up to extremism, display the true luminous image of Islam and prevent the attack against it. This is since mistaking Islam for extremism disrupts and destroys human societies. We ask Allah to bless our beloved country, along with other Muslim countries, with peace and security.

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Summarized Fatawaa

If a woman becomes pure from menstruation shortly after Fajr in Ramadan, what is required of her?

If a woman becomes pure (from menstrual period) after Fajr, even shortly after, it is recommended (but not obligatory) for her to refrain from eating and drinking for the rest of the day. However, she must make up for that day after Ramadan.
She will be rewarded for both refraining from eating (imsak) and making up the fast (qada) since she was menstruating for part of the day.

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.

How should I deal with the whispers of the devil with regard to ablution and purity?

Whispers in ablution are from the devil, and so you should take refuge in Allah from the devil`s evil suggestions that aim to distort the religion. Thus, once an organ is completely pure, don`t question its purity since having whispers doesn`t mean that the purity is invalid as it has already been established.

Is a person who forgot to make up missed fasts until the next Ramadan began required to pay expiatory compensation (Fidyah) alongside the makeup fast (Qada')?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Whoever forgets to make up missed fasts of Ramadan (Qada') until the following Ramadan begins incurs no sin, pursuant to the statement of the Messenger of Allah (peace and blessings be upon him): "Indeed, Allah has pardoned for my nation their mistakes, their forgetfulness, and that which they are coerced into doing." [Narrated by Ibn Majah, and Al-Bayhaqi in Al-Sunan Al-Kubra]
 
Furthermore, such an individual is not obligated to pay a expiatory compensation (Fidyah). It is stated in Bushra Al-Karim (p. 580)—one of the authoritative Shafi'i jurisprudential texts: "As for delaying it [the makeup fasts] due to a valid excuse—such as travel, breastfeeding, forgetfulness, or ignorance of the prohibition of delay (even for one living among scholars)—no Fidyah is required. This is because delaying performance during the actual month is permissible due to these excuses; hence, delaying makeup fasts is even more permissible, even if it continues for years."
And Allah Almighty knows best.