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It is Forbidden for a Person with a Contagious Disease to Mix with others
Author : The General Iftaa` Department
Date Added : 05-07-2023

It is Forbidden for a Person with a Contagious Disease to Mix with others

 

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 confirms that the preservation of human life is amongst the great purposes of Islamic Law. This is reflected in the Glorious Quran and the Sunnah of our Prophet Mohammad (PBUH), and the sayings of the great jurists from amongst the Imams of our Muslim nation.

In order to save souls and lives, Prophet Mohammad (PBUH) commanded that we protect ourselves from contagious diseases and adopt legitimate measures to limit their spread. Allah's Messenger (PBUH) said, "(There is) no 'Adwa (no contagious disease is conveyed without Allah's permission). nor is there any bad omen (from birds), nor is there any Hamah, nor is there any bad omen in the month of Safar, and one should run away from the leper as one runs away from a lion." {Transmitted by Bukhari}. He (PBUH) also said: "The cattle (sheep, cows, camels, etc.) suffering from a disease should not be mixed up with healthy cattle, (or said: "Do not put a patient with a healthy person). " (as a precaution) {Transmitted by Bukhari & Muslim}.

 

Prophet Mohammad (PBUH) also commanded resorting to quarantine as a means to prevent the spread of contagious diseases. He said, "If you hear of a plague in a land, do not enter it, and if it breaks out in a land where you are, do not leave it." (Transmitted by Bukhari & Muslim).

 

Our great jurists have taken the above into account. Sheikh al-Islam Imam Zakariya al-Ansari al-Shafi'i said:" The judge 'Iyad has narrated from the scholars that the leper is prevented from the mosque, Friday prayer, and mixing with the people." (Asna al-Matalib, V.1:215).Imam al-Shihab ibn Hajar al-Haytami al-Shafi'i stated: "The reason for preventing someone like a leper is fear of harm, and in such situation prevention is obligatory." (Al-Fatawa al-Fiqhiyyah al-Kubra, V.1:212).

 

Based on the above, it is obligatory for everyone to fully comply with all health and regulatory instructions issued by the competent authorities, in obedience to Allah the Almighty and to those in authority. Allah says {What means}: " O ye who believe! Obey God, and obey the Apostle, and those charged with authority among you." {An-Nisa`, 59}. 

 

Everyone must also take the necessary means to prevent the transmission and spread of the disease, such as wearing a mask, maintaining safety distances, staying away from gatherings, avoiding shaking hands and kissing, and taking appropriate medications and vaccines. It is also forbidden for someone who has been infected with a contagious disease or who is suspected of being infected with it to transmit it to others by mixing with them. He/she must take the necessary health precautions, such as quarantine, even in their home. Moreover, it is forbidden for him/her to hide their illness so as not to harm others.

 

We ask Allah Almighty to bless our country along with all Muslim countries with safety and security, and to protect us from diseases and ailments. Verily, He is capable of that, and our last prayer is that all praise be to Allah, the Lord of the Worlds.

 

 

 

 

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Summarized Fatawaa

What is the ruling on objecting to the Mosque Imam regarding the joining of prayers due to rain?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is not permissible for any of the congregants to object to the Imam in the mosque, whether the objection is to demand the joining of prayers or to oppose it; for the general principle is that the Imam possesses the religious knowledge (Al-Ilm al-Shar‘i) that qualifies him to make the decision in this matter. And Allah the Exalted knows best."

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 permissible to fast the six days of Shawwal before making up for the missed fasts of Ramadan?

● If a person missed fasts due to a valid excuse, they may fast the six days of Shawwal before making up for Ramadan fasts, because qada (makeup fasts) in this case can be delayed, while the six days of Shawwal must be observed within Shawwal.
● However, if a person missed fasts without a valid excuse, they must make up for the missed fasts immediately after Eid, before fasting the six days of Shawwal. If they fast the six days first, it is valid, but they must still make up for the missed Ramadan fasts afterward.
It is also permissible to combine the intention of qada (makeup fasts) and the six days of Shawwal in one fast. However, it is better to fast them separately, as this increases the reward and avoids scholarly disagreement regarding combining intentions.

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.

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