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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

How does a praying person prostrate?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It is from Sunnah that he/she sits with both knees on the ground in order to prostrate, then hands, nose and forehead are placed on the same place. In addition, the toes have to touch the ground, and be directed towards the Qiblah (direction of Ka`bah) during prostration. And Allah Knows Best.

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.

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.