Peace and Security during Hajj

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Summarized Fatawaa

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

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

The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]

The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]

And Allah Almighty knows best.

Is it incumbent on a father to cover the marriage costs of his son if the latter couldn`t afford them?

The son should seek the help of his relatives in order to convince his father to do the aforesaid, and the father should make sure that his son doesn`t commit fornication through helping him to get married, and Allah will reward him for doing so.

What is the ruling on eating or drinking forgetfully during the day in Ramadan or during voluntary fasting?

Whoever eats or drinks forgetfully while fasting, whether in an obligatory or voluntary fast, should continue their fast, for it is Allah who has provided them with food and drink. There is no difference between obligatory and voluntary fasting in this ruling.

Is it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.

The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i]

And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]

Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

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Peace and Security during Hajj

Author : His Grace Shiekh Abdulkareem Al-Khasawneh

Date Added : 25-06-2023

Peace and Security during Hajj

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}: "Remember Abraham said: "O my Lord! make this city one of peace and security: and preserve me and my sons from worshipping idols." {Ibrahim, 35}. He also says {What means}: "whoever enters it attains security;" {Al-Emran, 97}.

The greatest purpose for Hajj is safety and security, so this great blessing enables the believers to perform this ritual properly and in the best form possible. His saying {O my Lord! make this city one of peace and security} indicates that Prophet Ibrahim is showing us today that life can`t be stabilized save with peace and security and a person can`t perform acts of worship if they are missing. Therefore, the symbolism of Hajj reminds the Muslim nation every year that the duty of worshipping Allah can`t be performed without peace and security.

Accordingly, Allah gave Mecca this special status making it a place to which the hearts of the believers aspire and feel safe for their life and property. Allah the Almighty says {What means}: "Remember We made the House a place of assembly for men and a place of safety" {Al-Baqarah, 125}. Glorifying the House of Allah (Kabah) is tied with the peace and security that prevails in it and a pilgrim experiences this feeling during this journey of Hajj. It is as if he/she has entered into a fortified fortress protected by Allah, the provider of peace and security. Kabah is the source of peace and security and Allah has blessed the people of Mecca with this great blessing where He said {What means}: " Who provides them with food against hunger, and with security against fear (of danger)." {Quraish, 4}.

As we are experiencing the season of Hajj, we realize the greatness of time and place, the symbol of peace and security. A meaning that many Muslims have missed because of the heinous crimes committed by terrorist and extremist groups under the name of Islam although Islam is innocent of them. One group would terrorize civilians thinking that doing so will bring them closer to Allah while another would accuse Muslims of disbelief (Takfir) where a time would come when the murderer would not know why he has committed the murder, and the victim would not know why he has been killed. In these blessed days, we call upon Allah the Almighty to bless Muslims with permanent peace and security.

Delivering the sermon during the Farewell Pilgrimage on the day of Sacrifice at Mina, the Messenger of Allah (PBUH) said, "Verily your blood, your property and your honour are as sacred and inviolable as the sanctity of this day of yours, in this month of yours and in this town of yours. Verily! I have conveyed this message to you." {Transmitted by Muslim}. He (PBUH) also said: "Everything belonging to a Muslim is inviolable for a Muslim; his honour, his blood and property." {Transmitted by Muslim}.

By this invocation of Ibrahim (PBUH), Makka became a safe place and will continue as such, God willing, until Allah inherits this earth and whatever is on it. Al-Kortobi said: "Ibrahim invoked Allah for his offspring and others to be blessed with peace and security at a time when Makka was a barren place." {Tafsir Al-Quran Al-Atheem}.

Some commentators of Quran said: "Before the invocation of Ibrahim, Makka was a place where every unlawful matter was lawful, but after the invocation it became a sacred and inviolable place, and the same applies to Madinah before and after the arrival of the Prophet (PBUH). Allah says {what means}: " Do they not then see that We have made a sanctuary secure, and that men are being snatched away from all around them? Then, do they believe in that which is vain, and reject the Grace of God?" {Al-Ankaboot, 67}.

Allah also says {what means}: "For Hajj are the months well known. If anyone undertakes that duty therein, Let there be no obscenity, nor wickedness, nor wrangling in the Hajj. And whatever good ye do, (be sure) God knoweth it. And take a provision (With you) for the journey, but the best of provisions is right conduct. So fear Me, o ye that are wise." {Al-Baqarah, 197}.

This verse reflects meanings of great beauty and perfection as far as the etiquettes of Hajj are concerned, which helps establish the concept of peace and security during Hajj. These divine directives steer the pilgrim towards shunning the ephemeral worldly pleasures and seeking the pleasure of Allah alone. Thus, it doesn`t befit a pilgrim to dispute with others or use vile language because the manners of the one seeking to please Allah are elevated by reading this verse, following its orders and avoiding its prohibitions, before heading to perform this great ritual.

The implementation of the content of this verse is reflected in the tranquility and serenity that we observe during Hajj and hastening to please Allah through self-discipline and enjoying the great Islamic morals.

We ask Allah to preserve the blessing of safety and security in Makkah and all Muslim countries, and all praise be to Allah the Lord of the Worlds.

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Summarized Fatawaa

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.

What is the expiation for perjury?

One who commits perjury should repent, seek Allah`s forgiveness and offer an expiation which is: feeding ten indigent persons, or clothing them, or giving a slave his freedom, but if that is beyond his means then, he should fast for three days. Allah, The Almighty, Says in this regard (What means): "Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: for expiation, feed ten indigent persons, on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His signs, that ye may be grateful." [Al-Ma`idah/89].

A man wishes to offer more than one uḍḥiyah (sacrificial offering), and intends by these sacrifices "on behalf of everyone whom Allah and His Messenger love." Is this intention valid?

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

The uḍḥiyah (sacrificial offering) is not valid with this intention, because if the sacrificial animal is from sheep or goats, it suffices for one person only; and if it is from cattle or camels, it suffices for seven persons.

However, one may sacrifice it on his own behalf, and then gift the equivalent of its reward to whomever he wishes.

Imam ar-Ramlī (raḥimahullāh) says: "Ash-Shāfi‘ī (raḍiyallāhu ‘anh) said: It is within the vastness of Allah's bounty, the Exalted, that He rewards the one giving charity as well. From this, the scholars of the madhhab said: it is recommended for a person to intend the charity on behalf of his parents, for example — for Allah, the Exalted, will reward them, without this diminishing his own reward in any way." He then relates, as the relied-upon position, the permissibility of saying: "O Allah, convey the reward of what I have recited specifically to so-and-so, and to the Muslims generally." Az-Zarkashī said: "For reward varies in degree — its highest form is what one designates specifically, and its lowest form is what one dedicates generally [alongside others]." [End of quote from Nihāyat al-Muḥtāj]. And Allah, the Exalted, knows best.

A person prays in a certain spot within the rows of the mosque, and gets angry if someone else prayed at his spot. What is the ruling on this behavior?

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 Prophet Mohammad (PBUH) make it prohibited for a Muslim from having/taking a certain spot in the mosque when performing prayers if they arrived and find it occupied, furthermore; it is the religious duty on others (praying people) to offer a piece of advice to alert the ones who don't know, that whoever reaches a spot first at the mosque having a priority/privilege upon others in that spot. And Allah Knows Best.