The General Iftaa` Department Warns against Books Promoting Takfir, Tabdi` and Tadlil

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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.

Do wounds and bleeding during the day in Ramadan break the fast?

If a wound results in something entering the body cavity (jauf), such as blood or an external object, then the fast is invalidated.

However, external wounds and bleeding do not break the fast, unless they cause something to enter the body cavity.

Is Fajr (dawn) Sunnah a confirmed one?

All praise be to Allah The Lord of The Worlds Of course, it is a confirmed Sunna which the Prophet (PBUH) used to offer in a regular basis. And Allah Knows Best.

Is it permissible for the young woman to turn the suitor down if she had no feelings for him?

Yes, it is permissible for her to do so.

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The General Iftaa` Department Warns against Books Promoting Takfir, Tabdi` and Tadlil

Author : The General Iftaa` Department

Date Added : 14-06-2023

The General Iftaa` Department Warns against Books Promoting Takfir, Tabdi` and Tadlil

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.

The General Iftaa` Department has reviewed some books of Aqida (Islamic Creed) promoted through some competitions aiming at tagging Muslims with Kufr (Disbelief), Tabdi` (Declaring another Muslim to be an innovator), and misguiding the masses of Shlu Sunnah Wal Jama`aah. This leads to spreading the culture of exaggeration in religion, Takfir and subjecting society to the danger of facing those who carry extremist thinking and issuers of irregular Fatwas that contradict with the Prophetic methodology and undermine the constants of society`s security, belief, doctrine and intellectual balance. This is particularly since the Hashemite leadership, direct descendants of the Prophet Mohammad (PBUH), has adopted a methodology that rests on moderation and accepting others. These blessed efforts culminated in the Message of Amman, the Message of tolerant Islam, launched by His Majesty King Abdullah II. It aims to adopt moderate thinking that unites the Muslim nation and accepts the other under the umbrella of Islam`s mercy, tolerance and moderation.

The Department also confirms rejecting intellectual extremism and strictness and opts for dialoguing and arguing with wisdom and fair preaching, as taught in the Glorious Quran. Allah says {what means}: " Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious: for thy Lord knoweth best, who have strayed from His Path, and who receive guidance." {An-Nahil, 125}.

In conclusion, emanating from its national and religious duty, the General Iftaa` Department warns against publishing and circulating such books as they pose a great danger to society and its religious as well as intellectual security. And all perfect praise be to Allah, the Lord of the Worlds.

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Summarized Fatawaa

Some online stores offer a discount on a customer's first purchase — what is the ruling on creating a new account each time a customer makes a purchase in order to obtain that discount?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.

It is obligatory upon a Muslim to uphold honesty in both his words and his actions. Allah the Almighty says {what means}: "O you who have believed, do not betray Allah and the Messenger or betray your trusts while you know." [Al-Anfāl/ 27] And He says {what means}: "O you who have believed, fear Allah and be with the truthful." [Al-Tawbah/ 119]. And the Messenger of Allah ﷺ said: "Whoever deceives us is not of us." (Reported by al-Bukhārī.)

As for creating a new account for the same buyer, the terms and conditions of the website must be observed and respected. If doing so violates those terms, it is not permissible. And Allah the Almighty knows best.

Is it permissible to purchase the Udhiyah on installments?

It is permissible to purchase the sacrificial animal (uḍḥiyyah) on installments or by borrowing its price. However, it is not recommended for the poor to do so, because they are not required to offer a sacrifice, and Allah does not burden a soul beyond its capacity. If doing so would lead to negligence in providing for one's dependents (nafaqah wājibah), then giving precedence to obligatory maintenance over borrowing to buy the sacrifice is appropriate. This is based on the saying of the Prophet (peace and blessings be upon him): "It is sufficient sin for a person to withhold food from those whom he is responsible to support."

Furthermore, the sacrifice is valid from one who has a debt, but it is preferable (awlā) to repay the debt first, especially if the debt is due immediately (ḥāll). And Allah Almighty knows best.

Is it valid to perform the obligatory prayer while sitting?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

Standing (Al-Qiyam) while having the ability to do so is one of the pillars (Arkan) of the prayer; the obligatory (Faridah) prayer is not valid without it. However, whoever is unable to stand may pray sitting down. As for voluntary (Nafilah) prayers, it is permissible to pray them sitting even if one is able to stand, but the one sitting receives half the reward of the one who prays standing. And Allah the Exalted knows best.

What should I do in order to wake up for Fajr (dawn) prayer?

All perfect praise be to Allah, The Lord of The Worlds What should I do in order to wake up for Fajr (dawn) prayer? Answer: Some of the acts that aid in offering Fajr prayer are: 1- Going to bed early. 2- Willingness to wake up. 3- Reciting Al-Korsi verse from Chapter Al-Baqarah. 4- Taking refuge in Allah from the cursed devil, and making ablution immediatley after being awake, but it is preferable to ask someone to help in this regard to perform the Fajr prayer. And Allah Knows Best.