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Statement from the Iftaa` Council regarding the Brutal Aggression on Gaza
Author : The General Iftaa` Department
Date Added : 05-07-2023

Statement from the Iftaa` Council regarding the Brutal Aggression on Gaza

 

Allah the Almighty says {what means}: "To those against whom war is made, permission is given (to fight), because they are wronged;- and verily, God is most powerful for their aid;-" {Al-Haj, 39}. Indeed, Allah the Exalted tests His believing servants in order to reveal the truth of their reliance on Him, their great care for their religion, and their patience when meeting their enemy. Allah says {What means}: "but if it had been God’s Will, He could certainly have exacted retribution from them (Himself); but (He lets you fight) in order to test you, some with others." {Mohammad, 4}.

 

O Islamic Ummah!, the day of Gaza is not a secret. Allah the Almighty says {What means}: "And they will not cease to fight you until they turn you back from your religion if they can." {Al-Baqarah, 217}. And here is our enemy attacking our brothers in Gaza, destroying mosques, taking lives, and killing children and women. The Prophet (PBUH) said: "A Muslim is a brother of another Muslim. So he should not oppress him nor should he hand him over to (his Satan or to his self which is inclined to evil)." (Transmitted by Bukhari & Muslim). This means that he does not leave him alone in the face of the enemy. Our brothers in Gaza are steadfast heroes and we salute their steadfastness. We are proud of their perseverance in the way of Allah, we magnify their contempt for the Zionist military machine, and we pray with sincerity that Allah bless them with victory over the infidels. This remind of the words of Allah the Almighty Who says {what means}: "Those who were told by the people: Indeed, the people have gathered against you, so fear them. So it increased them in faith, and they said: 'Allah is sufficient for us, and He is the best disposer of affairs.'" (Al-Imran, 173). However, it is not permissible for us to leave them alone in the heat of battle.

 

We declare to everyone that the aggression of the Zionists against our brothers in Gaza represents an aggression against all Muslims. Muslims are one nation, even if their schools of thought, sects, and languages differed. Undoubtedly, every Muslim is feeling pain for what is happening to his brothers in Gaza and considers that a personal aggression against himself. Messenger of Allah (PBUH) said, "The believers in their mutual kindness, compassion and sympathy are just like one body. When one of the limbs suffers, the whole body responds to it with wakefulness and fever." {Transmitted by Al-Bukhari & Muslim}. Moreover, what has happened in Gaza worries us all and stirs anger in our souls.

 

Today, we are in dire need for unity, not exchanging blame or levelling accusations. We must rise above our differences and rally around the word of Tawheed: "There is none worthy of worship save Allah, and Mohammad is His Messenger." Every Muslim must support his brothers who are doing Jihad and help them by whatever means he can. This is our duty before Allah and His Messenger and we will be held accountable for it. Prophet Mohammad (PBUH) said, "Whoever equips a Mujahid in the way of Allah has indeed fought, and whoever takes care of the family of a Mujahid in his absence has indeed fought." (Bukhari & Muslim).

 

Anger must be turned into effective action; each from their position and according to their ability: (Allah does not burden a soul beyond its capacity) {Al-Baqarah, 286}.

 

 In this blessed country, we are supporters and immigrants, united by the support of justice, the support of the Mujahideen, and the brotherhood of Islam for more than sixty years. We will continue in this path, Allah willing. We are proud of the sincere gesture that the people of this steadfast country made yesterday to support our brothers in Gaza. The leadership, the government, and the citizens support the people of Gaza and this is not the first gesture through which they have shown support for the people of lawful right. 

 

His Majesty, may Allah protect him, donating his blood and money, and showing support for our brothers, along with his influence on the international arena, is also a source of pride for us. Likewise, we also appreciate the Prime Minister's gesture for reassessing relations with this country. Moreover, all citizens were inspired by His Majesty`s attitude, so they followed his example through donating their blood and money as an expression of sincere brotherhood and unity of destiny. May Allah reward them well for what they have done and are doing.

 

The relief convoys that depart from this country to Gaza are tantamount to an artery that provides our brothers there with the necessities of life and the requirements of steadfastness. This aid must continue since the situation still needs support. Allah the Almighty says {What means}: (The believers, men and women, are protectors of each other.) {At-Tawbah, 71}.

 

These are the right days to express the sincerity of faith, pride in Islam, and in belonging to the nation of the master of creation, Prophet Mohammad (PBUH). It is an Islamic obligation that this support (money, words, supplication) continues. Allah the Almighty says {What means}: "O you who have believed, be patient and persevere, and remain steadfast, and fear Allah that you may be successful.) {Al-`Imran, 200}.

 

Peace, mercy and blessings of Allah be upon you all.

 

 

 

 

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Summarized Fatawaa

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. 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.

What is the ruling of Islamic Law on applying perfume before entering the state of ihram

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Applying some perfume (ṭīb) before entering the state of iḥrām does not affect the validity of the Ihram, even if its trace remains after the iḥrām has begun. Indeed, it is sunnah for the pilgrim performing Ḥajj or ʿUmrah to perfume himself before iḥrām.
The scholar Nawawī al-Jāwī (may Allah have mercy on him) said: “The third of them is applying perfume to the body shortly before it, that is, before iḥrām, whether the one entering iḥrām is male or otherwise, young or old, married or unmarried. The recommendation applies after performing the ritual bath (ghusl), and it is fulfilled with any perfume whatsoever, though the best is musk, mixed with rose water or the like. There is no objection to the perfume remaining on the body after iḥrām; however, if a woman becomes bound by the mourning observance (iḥdād) after entering iḥrām, she must remove it. As for perfuming the garment, it is merely permissible, not recommended, according to the reliable position (al-muʿtamad). But if one removes his perfumed garment while the scent is still present in it and then wears it again, he is liable for the fidyah (expiation).” [Nihāyat al-Zayn, Vol.1/212]. And Allah Almighty knows best.

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