Articles

Statement on the Incident in Karak
Author : The General Iftaa` Department
Date Added : 12-06-2023

Statement on the Incident in Karak

 

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.

Allah the Almighty says (What means): "Think not of those who are slain in God’s way as dead. Nay, they live, finding their sustenance in the presence of their Lord; They rejoice in the bounty provided by God: And with regard to those left behind, who have not yet joined them (in their bliss), the (Martyrs) glory in the fact that on them is no fear, nor have they (cause to) grieve They glory in the Grace and the bounty from God, and in the fact that God suffereth not the reward of the Faithful to be lost (in the least)." {Al-Emran, 169-171}.

 

The General Iftaa` Department mourns the  martyrs from amongst the gendarmerie and public security forces who sacrificed their lives for the sake of Allah defending their homeland and innocent citizens who were martyred in the city of Karak. We call upon Almighty Allah to accept them along with those persons upon whom Allah bestowed favors from amongst the Apostles, the testifiers of truth, the martyrs, the pious and goodly company are they.

 

With the efforts of its honest men and loyal citizens, Jordan will remain steadfast against all cowardly attempts targeting its security, stability, and the determination of its people. These unfortunate events will only increase Jordan's unity and determination to foil the plots of the traitors aiming to destabilize it. 

 

The Department also calls on all Jordanians to support the security forces against the extremist ideology and the Khawarij (outlaws) of this era, and those who break the law, and to support the wise Hashemite leadership, headed by His Majesty King Abdullah II Ibn Al-Hussein, may Allah protect him.

The Department expresses its deepest condolences to His Majesty King Abdullah II and the families of the martyrs asking Allah to grant them solace. The martyrs will always be remembered as a symbol of national honor and pride.

We call upon Allah to have mercy on the martyrs and bless their families with patience and solace. Indeed, we belong to Allah, and indeed to him we will return.

) And soon will the unjust assailants know what vicissitudes their affairs will take!(

 

 

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Summarized Fatawaa

Should a person feel pleased, or have a virtuous vision after offering Istikhara (guidance prayer) in order to do what he/she had offered it for?

The result of the Istikhaarah is not necessarily that a person sees something (in his dream), or feels pleased, but the most important result of the Istikhaarah is whether a person is enabled to do a given matter or not.

When is Istikharah (guidance prayer) Du`a offered, before Tasleem (saying asalamu alikum warahmatu allah wa barakatuh to end the prayer), or after it?

It is offered after Tasleem.

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.

If the menses lasted for over than 9 to 10 days, considered menstruation?

If the duration of the bleeding does not exceed fifteen days, it is all considered menstruation, even if the usual pattern changes.