Articles

Giving the Road its Due
Author : Dr. Mufti Sa`eid Farhan
Date Added : 08-10-2024

 

Praise be to Allah, the Lord of the Worlds, and peace and blessings be upon His Messenger. Afterwards:

Islamic law has meticulously organized the life of a Muslim, encompassing all aspects of their life. It has clarified the rights and duties, boundaries, and relationships between people.

One of the matters addressed is the rights related to the road. These rights were given significant attention due to their central role in people's lives. The road is a public utility, not owned by anyone nor monopolized by any individual. Because of this, Islamic law established rules and principles that organize the rulings of the road, which are evident through the following manifestations:

The First Manifestation: Preserving the cleanliness of the road, maintaining it, and repairing it:

This is evident through the following:

First: Maintaining the road is considered a branch of faith. The Messenger of Allah (peace and blessings be upon him) said: "Faith has over seventy—or sixty—branches, the best of which is the declaration that there is no god worthy of worship but Allah, and the least of which is removing harm from the road, and modesty is a branch of faith." [Moslim]. Imam Al-Nawawi, in explaining the meaning of "removing harm" said: "It means clearing it away and removing it. Harm refers to anything harmful, such as stones, dirt, or thorns, or anything else." [Sharh Al-Nawawi Ala Moslim: Vol.2/P.6].

The Second manifestation: The Porhibition of violating road:

Islamic law has promised great reward for removing harm from the road. The Prophet (peace and blessings be upon him) said: "While a man was going along the path he found a thorny branch upon it. He pushed it to a side and Allah approved (this action) of his and (as a mark of appreciation) granted him pardon." [Al-Bukhari] He also said: "I have seen a man going about in paradise as a reward for cutting down a tree which was overhanging a road and annoying people." [Moslim]. The word "going about in Paradise" means taking pleasure. Thus, the outcome of removing harm from the path of Muslims was that Allah admitted him into Paradise. And what does a Muslim seek from their actions more than getting admitted into Paradise?

Abu Barzah Al-Aslami said: I asked: "O Prophet of Allah, teach me something that will benefit me." He said: "Remove harm from the path of Muslims." [Moslim].

These noble hadiths and others highlight the great virtue and immense reward for this branch of faith.

The Second Manifestation: Prohibition of harming the road:

This is illustrated by the following:

First: Prohibition of anything that harms the road. Scholars, when explaining the hadith "The Rights of the Road," emphasized that a Muslim must refrain from harming the road. Just as removing harm from the road is a charity for which a Muslim is rewarded, harming the road is a sin for which a person is accountable. Warning against harming others, Imam Muhammad Al-Khuli said: "Pouring water on the road until feet slip, placing obstacles in the path where pedestrians may stumble, or throwing garbage or thorns that could harm passersby, or narrowing the road with one's seating where neighbors are bothered, exposing their women, and restricting their freedom—all of this is harm that must be stopped, and efforts made to keep it away from pedestrians." [Al-Adab Al-Nabawi/Vol.1/P.71].

Scholars have derived from texts encouraging care for the road that anything harmful to the road is prohibited. In his explanation of the hadiths about the virtue of removing harm from the road, Imam Al-Ayni, said: "It indicates that placing thorns, stones, waste, or harmful water in the road, or anything that harms people, may lead to punishment in this world and the hereafter." [Umdat Al-Qari/Vol. 13/P. 23].

Second: The prohibition of encroaching on the road. Anything that constitutes an encroachment on the road is prohibited by Islamic law and considered among the evil acts. Imam Al-Ghazali listed some examples of road encroachments under the chapter "Evils of Streets" saying: "Among the common evils is placing columns or building raised platforms connected to private properties, planting trees, extending balconies, placing wood or grain loads on the roads. All of this is wrong if it leads to narrowing the road or harming pedestrians, even if it causes no harm at all." [Ihya Ulum Al-Din/Vol.2/P.339].

The Third Manifestation: Organizing road regulations in the books of Islamic jurisprudence:

The jurists have extensively organized road regulations, leaving nothing unaddressed. They provided detailed explanations to resolve disputes among people and prevent conflicts. Anyone who studies their detailed rulings and jurisprudential foundations—especially in the chapter of reconciliation—will notice the significant attention given to the subject by the jurists. The hadith scholars also categorized sections in their compilations related to the rights of the road, as Imam Muslim did in his "Sahih" where he titled a section: "Chapter on the Right of Sitting on the Road is to Return the Greeting."

One of the reasons for their emphasis was the warning of the Prophet (peace and blessings be upon him) when he said: "Beware of sitting on the roads." They said: "We have no choice, they are our gathering places where we talk." He said: "If you must sit there, then give the road its rights." They asked: "What are the rights of the road?" He said: "Lowering the gaze, refraining from harm, returning the greeting, enjoining good, and forbidding evil." [Agreed upon].

We ask Allah, The Almighty, The Lord of The Mighty Throne, to make us among those who listen to good words and follow the best of them.

And all praise is due to Allah The Lord of The Worlds.

 

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling of Islamic Law on participating in the prize draws (raffles) that commercial stores hold for their customers?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
There is no objection to participating in the prize draws (raffles) that commercial stores hold for their customers, provided that the buyer's intention in purchasing is not merely to enter the competition without any need for what is bought — rather, the purchase must be genuinely intended for the item itself, and one must not pay more than the item's fair market price. This is because paying an amount above the market price would effectively be paying a fee to enter the prize draw, which would render it a form of gambling (qimār).
These prizes are, in essence, gifts that businesses offer through a random drawing (qur'ah) to those who purchase from them, as a means of encouraging sales, without the customer bearing any additional monetary cost for participation. So long as the aforementioned conditions are met, there is no objection to benefiting from the prize offered by the store, as it is considered a lawful prize from the viewpoint of Islamic Law.
It is stated in the resolutions of the "Jordanian Iftaa' Board" (Resolution No. 47), in the context of outlining the conditions for permissible prizes: "The price of the ticket [or item purchased] for the sake of the prize must not exceed its original price, so that there is no payment of money in exchange for participation in the draw." And Allah, the Most High, 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.

"I told my family at night: 'I will fast tomorrow as qaḍā' (a make-up fast),' but I forgot to make the intention before sleeping. Is my fast valid?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
 
The intention is obligatory in acts of worship. For obligatory fasting, the required intention is to resolve to fast during the night [before dawn]. Its proper locus is the heart, while verbalizing the intention out loud in acts of worship is a sunnah — so that the tongue may align with the heart. If the intent behind the statement in question was the intention to fast, then it is valid; but if the intent was merely to inform someone, or reflected hesitation or doubt, then it is not valid.
 
It is stated in *Bushrā al-Karīm* (Vol.1/P.216): "It is a sunnah to verbalize the intention — that is, whatever has already been intended in the heart, whether an obligatory or a voluntary act — such as specifying the number of rak‘ahs, just before the opening takbīr — so that the tongue may assist the heart, and because this is further removed from whispered doubts (waswasah), and in order to accommodate the view of those who held it obligatory in every act of worship that requires an intention (even though this is a minority position), by analogy with Ḥajj."
 
Accordingly: if the intention to fast arose in your heart before the second adhān [i.e., before Fajr], then your fast is valid.
 
And Allah, the Exalted, knows best.

What is the recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).
 
This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]
 
It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).
 
This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.
 
Imam al-Bajuri (may Allah have mercy upon him) stated:
 
 
"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]
 
Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.