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The Grand Mufti Commends the King`s Speech
Author : His Grace Shiekh Abdulkareem Al-Khasawneh
Date Added : 15-05-2023

The Grand Mufti Commends the King`s Speech

 

 

In the Name of Allah, the Most Gracious, the Most Merciful

 

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

It is an honor to commend the speech delivered by His Majesty King Abdullah before the UN General Assembly, warning against the danger and terrible effects of terrorism.

 

Today, the world is in a dire need for love, peace, mercy, justice, tolerance, equality, moderation and harmony. Allah the Almighty says {What means}: "but My mercy extendeth to all things." {Al-A`raf, 156}. These are the demands of His Majesty as an Arab Muslim leader from the Hashemite family and as a custodian of the Muslim as well as Christian holy sites.

 

I highly value the content of His Majesty`s speech and emphasize the following:

 

First: Terrorism and extremism can`t be addressed save through achieving justice and equality, ending injustice and transgression, holding the wrongdoers to account and helping the wronged.

 

Second: Acts of worship were legislated in Islam to acquaint a person with good morality and adherence to that regardless of circumstances. This is because these acts of worship should be reflected as good character that purifies one`s soul and disciplines one`s behavior with Allah and people so as not to stray from the right path. Allah says {What means}: "God commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that ye may receive admonition." {An-Nahil, 90}. Abu Hurairah (May Allah be pleased with him) reported: The Prophet (PBUH) said, "If one does not eschew lies and false conduct, Allah has no need that he should abstain from his food and his drink."[Al-Bukhari].

 

Third: By virtue of the Hashemite custodianship over Muslim and Christian sanctities, we emphasize the right of the Palestinian people in their land and national soil as well as their independent state with Jerusalem as its capital. We also emphasize respect for peaceful coexistence and humane and ethical treatment between peoples, and reject threats to which the holy sites are subjected.

 

Fourth: Verbal communication is of great importance as it leads to reaching levels of desired perfection. Moreover, communication by word and deed, at schools and universities and throughout every life aspects, wouldn`t be complete save with good word and eschewing indecency. Ibn Mas'ud (May Allah be pleased with him) reported: The Messenger of Allah (PBUH) said, "A true believer is not involved in taunting, or frequently cursing (others) or in indecency or abusing."[At-Tirmidhi]. Accordingly, upon communication, the good word is a charity.

 

Fifth: Hatred, rancor, extremism and terrorism are signs of ignorance and enmity towards Islam. Therefore, extremists will not rest until they do mischief, wreak havoc, kill, torture and burn.

Renouncing violence, extremism and Takfir (Accusing Muslims of disbelief) as well as purifying one`s-self from evil words and deeds is the essence of prayer and all acts of worship. A man asked the Prophet, “Which of the Muslims is best?” He replied, “He from whose tongue and hand the Muslims are safe.” {Bukhari}.

 

We pray that Allah bless our country with safety and security and spare it the scourge of trials and tribulations, be they revealed or concealed. And all perfect praise be to Allah the Lord of the worlds.

 

 

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Summarized Fatawaa

What is the ruling on attending relatives` parties held in public halls, or hotels since if we don`t, we will be subjected to their admonition?

If such parties involve mixing between men and women, or forbidden acts such as listening to songs with sinful lyrics, then attending them is forbidden from the view point of Sharia since people`s admonition is nothing compared to Allah`s, The Almighty`s, wrath.

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 is the meat of the 'aqīqah to be distributed?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the 'aqīqah is a recommended one (mandūbah), it is obligatory to give some portion of it in charity to the poor — even if the amount is small — with the minimum being approximately half a kilogram of meat.
The most preferable manner of distribution is to divide it into three equal portions, as with the uḍḥiyyah:
 
One third for the guardian and his household to eat from
One third to be given in charity to the poor
One third to be gifted to friends and neighbours, even if they are wealthy
 
It is furthermore more preferable to send the food to the poor already cooked, rather than inviting them to come and eat. And Allah Almighty knows best.

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

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