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The Honorable Prophetic Migration (Hijrah)
Author : The Grand Mufti, Dr. Ahmad Ibrahim Al-Hasanat
Date Added : 09-07-2024

The Honorable Prophetic Migration (Hijrah)

 

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.

The occasion of the honorable prophetic migration is a significant milestone in the life of every Muslim, as it holds timeless meanings from which we can draw lessons and guidance. It illuminates the path to success and provides light for the good of this world and the Hereafter, especially given the exceptional circumstances that the Ummah (Muslim community) faces today, threatening its identity and aiming to undermine its foundations and endanger its most sacred sanctuaries.

The anniversary of the prophetic migration marks the eternal history that announced the birth of a divinely guided nation and the cornerstone in building a glory in which all members of society—migrants and supporters—participated with hard work and diligence, and with the spirit of brotherhood and cooperation. Allah The Almighty Says (What means): "(Some part is due) to the indigent Muhajirs, those who were expelled from their homes and their property, while seeking Grace from God and (His) Good Pleasure, and aiding God and His Apostle: such are indeed the sincere ones:- But those who before them, had homes (in Medina) and had adopted the Faith,- show their affection to such as came to them for refuge, and entertain no desire in their hearts for things given to the (latter), but give them preference over themselves, even though poverty was their (own lot). And those saved from the covetousness of their own souls,- they are the ones that achieve prosperity." [Al-Hashr/8-9].This unity was the reason for choosing this event as the starting point for the history of the Ummah, serving as an incentive to protect its achievements and a motivation to maintain its honor and dignity.

The honorable prophetic migration was the pivotal event that changed the course of history and mapped out a nation born from the womb of suffering after great sacrifices and endurance of harm. It serves as a reminder of one's identity and innate nature created by Allah and brings people back to the state of servitude that Allah intended for humanity, through a correct methodology based on wise planning.

The building of nations requires hands that build its glory with sincerity and determination. Therefore, the Muhajireen (The inhabitants of Mecca to accept Islam) and supporters (The first inhabitants of Medina to accept Islam Islam) declared it in their blessed city, and their hopeful, rejoicing voices announced a new beginning:

"If we were to sit idle while the Prophet works,

That would be, on our part, a misguided deed."

 

These few words chanted by the companions have profound meanings that reflected on the building of a nation on a solid foundation and unparalleled perseverance. Allah, the Exalted, could have transported the Prophet (peace and blessings be upon him) from Mecca to Medina in the blink of an eye, or even less, as occurred in the miraculous Night Journey and Ascension (Isra` and Mi`raj), which came to console the Prophet's heart. However, the building of nations does not rely on miracles, and their glory is not built on fleeting emotions or random reactions. Rather, it is a diligent work based on a genuine will, for which the Prophet (peace and blessings be upon him) and his noble companions endured the severest forms of torture in their mission to guide people to the path of truth and faith.

The Prophet (peace and blessings be upon him) bore with patience the harm from blood relatives as well as others, enduring the hardship of a long journey through desolate deserts in search of fertile ground to plant the seeds of faith after the hearts of Mecca's people had turned into a hard, barren rock. The kinship ties between them and the Prophet (peace and blessings be upon him) turned into estrangement and enmity.

Yet, the Prophet (peace and blessings be upon him) did not lose hope in finding receptive hearts. He sought them in the land of Yathrib (Medina), which became blessed and illuminated by his presence. He moved from a town where people pursued him with swords to a town where its people greeted him with drums, beginning his mission to spread goodness and virtue, accompanied by a group of sincere believers who supported and aided him.

This journey was accompanied by sound planning, a correct method of thinking, organizing efforts, and utilizing capabilities to achieve success. This is what the Prophet (peace and blessings be upon him) did on this blessed journey. He took all necessary measures, such as preparing the mount, changing the route, employing a guide in the desert, and seeking refuge in the Cave of Thawr. However, these measures alone needed the support, success, and assistance of Allah, The Almighty. This reliance on Allah is evident when the polytheists discovered his hiding place in the Cave of Thawr, despite taking all protective measures. Abu Bakr Al-Siddiq (May Allah Be Pleased with him) said: "If one of them were to look under his feet, he would see us." The Prophet (peace and blessings be upon him) reassured him with the confidence of one who trusts his Lord, saying: "O Abu Bakr, what do you think of two people with whom Allah is the third?" Allah The Almighty Says in the Quran (What means): "If ye help not (your leader), (it is no matter): for God did indeed help him, when the Unbelievers drove him out: he had no more than one companion; they two were in the cave, and he said to his companion, "Have no fear, for God is with us": then God sent down His peace upon him, and strengthened him with forces which ye saw not, and humbled to the depths the word of the Unbelievers. But the word of God is exalted to the heights: for God is Exalted in might, Wise." [At-Tawbah/40].

The blessed Hijrah of the Prophet (peace be upon him) indeed demolished the worship of idols and polytheism in Al-Medina, turning a page in the city's history filled with ignorance and conflicts fueled by the Jews of Al-Medina. The Prophet (peace be upon him) established a society whose pillars were love and brotherhood among people. He made religious ties stronger than those of blood and lineage, so that believers would understand that they are one nation and one body. When one part of the body aches, the rest of the body responds with vigilance and protection. This reality must remain present in the consciousness of the Ummah to ensure its strength and dignity.

In the current circumstances facing our Ummah today, we learn from the noble Hijrah that safeguarding sacred values requires diligent effort. The enemies of the Ummah, who confronted the Prophet (peace be upon him) in Al-Medina, including the Jews and hypocrites, continue their attempts to undermine the identity and civilization of the Ummah. They target its sanctities and seek to dismantle its foundations, using similar methods and strategies despite changes in time, place, and faces.

Therefore, it is crucial for Muslims to be aware of the imminent danger surrounding our Ummah and to make the noble meanings of the Hijrah a key to confronting these challenges. This can be achieved through Muslim unity. With sound planning and diligent work, just as the Prophet (peace be upon him) did, this Ummah will remain a strong force against these challenges, fulfilling the Prophet's (peace be upon him) words: "Give glad tidings to this Ummah of strength, honor, victory, and establishment on the earth. Whoever among them performs deeds for the Hereafter with a worldly intention will have no share in the Hereafter." [Musnad Imam Ahmad]. 

All praise is due 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 ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling on praying seated due to severe obesity, given that I experience hardship in performing the prayer — especially when rising from the ground after sujūd to perform the next rak‘ah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Standing, when one is able to do so, is a pillar of the prayer. However, whoever would experience severe, intolerable hardship, or fears harm to himself or to a limb due to obesity, or finds that standing causes him to lose his khushū‘ (humble focus and concentration) in prayer, then there is no objection to his praying seated on a chair or on the ground, performing rukū‘ (bowing) and sujūd (prostration) through gesture — provided that the gesture for sujūd is made lower than that for rukū‘. Whoever is able, at any point, to properly perform any one of these pillars, is obligated to perform it in full; for omitting it is a concession that applies only in cases of genuine inability. The Prophet ﷺ said: "When I command you to do something, do of it whatever you are able." (Related by al-Bukhārī). As the scholars of fiqh have established: what remains possible is not waived on account of what is difficult.
The criterion for determining genuine inability, as chosen by Imam al-Ḥaramayn al-Juwaynī (raḥimahullāh), is that the worshipper experiences hardship that causes him to lose his khushū‘.
As for voluntary (nafl) prayer, there is no objection to performing it while seated, even if one is able to stand. However, rukū‘ and sujūd must still be performed [in their proper physical form] by anyone who is able to do so. And Allah, the Exalted, knows best.

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