Birth of the Awaited Prophet

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What are the benefits of slaughtering an Aqeeqah?

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. Extending thanks to Allah for His grace, expressing happiness for having a newborn, declaring lineage, and feeding the mother to compensate for the blood that she had lost during delivery.

What is the ruling on someone who eats or drinks while uncertain about the arrival of dawn, then later finds out that dawn had not yet broken?

If a person does this, their fast remains valid, as it is confirmed that they ate during the night. Similarly, if someone eats while uncertain and remains unsure whether they ate before or after dawn, their fast is still valid. This is based on the maxim of Sharia Law, which states: "Certainty is not removed by doubt." Certainty, here, is the presence of night, and the doubt concerns the arrival of dawn. Therefore, one relies on certainty and disregards doubt.

Is it permissible for a suitor to go out with his fiancé upon the conclusion of the marriage contract?

Upon the conclusion of the marriage contract, the woman becomes lawful for her husband. However, the customary practice should be observed in this regard since rights could be lost in case of divorce, or death.

What is the ruling on using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:

"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

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Birth of the Awaited Prophet

Author : Dr. Ahmad Al-Hassnat

Date Added : 28-08-2023

Birth of the Awaited Prophet

By Secretary General,

Dr. Ahmad Al-Hasanat

The birth of Prophet Mohammad (Peace be upon him) was exceptional in the sense that all humanity awaited it. Jews as well as Christians were awaiting that moment with all their hearts. They even knew that he was coming.The moment he was born, the whole universe was illuminated and peace and tranquility prevailed. This sign, led the People of the Book to know that the awaited Prophet was born.

The Jews came to Mdinah before the Prophet (Peace be upon him) was sent with the Message of Islam, because they knew that it is the place where the awaited Prophet will appear. They even threatened the Arabs that they and the awaited Prophet of the end-time will kill them. Abu Na`im reported in {Dala`il An-Nobowah} that Abi Namlah said: "The Jews of Banu Qurayza mentioned Prophet Mohammad (Peace be upon him) in their books and taught their children his name, attributes, and migration to Madinah. However, when he appeared they became envious, transgressed and met him with denial. Before he was sent with the Message of Islam, they sought his intercession and turned to him for help against the pagan Arabs. It is stated in Sirat Ibn Hisham: "The Jews said: "A Prophet will be sent now and we will follow him and kill you like the people of "`Aad" and "Aram." Since the Prophet (Peace be upon him) descended from the clan of Quraysh, the Jews refused to believe in him." Allah says {What means}: "When there comes to them that which they (should) have recognized, they refuse to believe in it but the curse of God is on those without Faith. Miserable is the price for which they have sold their souls, in that they deny (the revelation) which God has sent down, in insolent envy that God of His Grace should send it to any of His servants He pleases: Thus have they drawn on themselves Wrath upon Wrath. And humiliating is the punishment of those who reject Faith." {Al-Baqarah, 89-90}.

Similarly, the Christians were awaiting the birth of the Prophet Mohammad (Peace be upon him). As reported by Abu Na`im in {Dala`il An-Nobowah}, Qis Bin Sa`idah stood one day in Makkah and said: "A man from the lineage of Lu`ai Bin Ghalib will be sent to you and he will teach you to worship one God. Should I live to see that, I would be the first to believe in him…" Amongst the Christians who awaited for his arrival of is Waraqah Bin Nawfal who followed the religion of Abraham.

Waraqa gave the Prophet (Peace be upon him) the glad tidings that he (Peace be upon him) is the Prophet of the end-time. When the Prophet (Peace be upon him) returned from the Cave of Hira` trembling, Khadijah (May Allah be pleased with her) called Waraqa to hear what happened with the Prophet (Peace be upon him). Waraqa asked, "O my nephew! What have you seen?" Allah's Messenger (Peace be upon him) described whatever he had seen. Waraqa said, "This is the same one who keeps the secrets (angel Gabriel) whom Allah had sent to Moses. I wish I were young and could live up to the time when your people would turn you out." Allah's Messenger (Peace be upon him) asked, "Will they drive me out?" Waraqa replied in the affirmative and said, "Anyone (man) who came with something similar to what you have brought was treated with hostility; and if I should remain alive till the day when you will be turned out then I would support you strongly."

He (Peace be upon him) was born under Allah`s care. His father died when his mother was pregnant with him and she died when he was an infant. Having lost both his father and mother made him draw closer to Allah and being taken care of and raised by Him the Almighty. Allah says {What means}: "Did He not find thee an orphan and give thee shelter (and care)? And He found thee wandering, and He gave thee guidance. And He found thee in need, and made thee independent." {Ad-Duhah, 6-8}. The Meesenger of Allah said: "My Lord has taught me good manners"

Having taken care of Prophet Mohammad (Peace be upon him) means having taken care of his nation. Allah has honored this nation with being Mohammad`s (Peace be upon him). It is the best nation produced (as an example) for humankind. A nation of truth, mercy, and guidance to all humanity. A nation that didn`t tolerate transgression and injustice. A nation whose roots extended from the east to the west, as reflected in the remnants of its glorious civilization. Today, we are in dire need to revive the concepts of mercy and guidance with which the Prophet (Peace be upon him) was sent. This is to be considered worthy of him and his birth becomes truly the birth of a nation. And all praise be to the Lord of the Worlds.

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Summarized Fatawaa

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

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

Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)

The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.

Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]

Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty 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 age of the Aqiqa or the Udhiyah?

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

The minimum age for a sacrificial animal (Udhiyah) and the birth sacrifice (Aqiqa) is as follows:

Camels: Five years old, entering their sixth year.

Cattle and Goats: Two years old, entering their third year.

Sheep: One year old, entering their second year; however, it is permissible for a sheep to be six months old provided it is large in size and plump.

And Allah the Exalted knows best.

Is the one offering the sacrifice liable if its meat spoils?

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

If the meat (of the sacrifice) spoils due to the negligence of the one offering the sacrifice in preserving it, or due to improper storage, then he is liable to compensate for the portion due to the poor (which is estimated as half a kilogram of meat). If the sacrifice was a vowed (mandatory) one, then he is liable for all of it.

However, if he was not negligent, then there is no liability upon him, because its ruling is the ruling of a trust (like an item left in someone's care). And Allah Almighty knows best.