Articles

"From the Sacred Mosque to the Farthest Mosque"
Author : Dr. Mohammad Al-Khalayleh
Date Added : 15-04-2018

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Master Prophet Mohammad and upon all his family and companions.

 

The place: From the Sacred Mosque in Makkah to the Farthest Mosque in Jerusalem; the first of the two Qiblas and the third of the Harams. The blessed land of Prophets and Messengers (PBUT). Whatever is between the two Mosques, including Jordan, is a blessed land since Allah, The Almighty, Said (What means): "whose precincts We did bless" [Al-isra`/1]. The sanctity of this place has joined the two Mosques for a divine wisdom, and that is warning and awakening the Muslim Ummah from the state of inadvertence that it has been going through. This is in order for the Farthest Mosque (Al-Masjid Al-Aqsa) to remain alive in the heart and conscience of every Muslim so that it continues to be an integral part of his/her creed. Thus, whenever they turn to the Sacred Mosque in prayer, they remember their first Qibla (Al-Aqsa Mosque) and the place from where their Prophet (PBUH) had embarked on his nocturnal journey. This will eventually drive them to liberate it from the yoke of the Jewish occupation. This was manifested in Saladin`s capture of the city of Jerusalem. With Allah`s permission, Al-Aqsa Mosque will be restored and the Muslim Ummah will keep trying to achieve that no matter how costly the price will be. This deep belief in Al-Aqsa can`t be shaken by any international resolution. It is simply recharged whenever the verse (What means): "Glory to (God) Who did take His servant for a Journey by night from the Sacred Mosque to the farthest Mosque, whose precincts We did bless," [Al-Isra`/1] is recited.

 

At the night of Isra`, belief was manifested in its purest forms for the Prophet (PBUH) has chosen the natural thing. He (PBUH) said: "I entered the mosque and prayed two Rak'ahs in it, and then came out and Gabriel brought me a vessel of wine and a vessel of milk. I chose the milk, and Gabriel said: You have chosen the natural thing." [Moslim]. Choosing milk over wine proves that Islam was the natural thing because it indicates righteousness. Milk is a delicious drink for the drinkers, and so is Islam.

 

At the mosque, Prophet Muhammad (PBUH) led other prophets in prayer to establish the oneness of God for he (PBUH) is the Master and the leader of the Prophets. Abu Hurairah (May Allah Be Pleased with him) reported the Messenger of Allah (May peace be upon him) as saying: "I shall be pre-eminent among the descendants of Adam, the first from whom the earth will be cleft open the first intercessor, and the first whose intercession will be accepted." [Moslim]. This reflects that the Muslim Ummah has been entrusted with leading humanity and will always be.

 

Anas Bin Malik and Ibn Hazm said: "The Messenger of Allah (PBUH) said: 'Allah, The Almighty and Sublime, enjoined fifty prayers upon my Ummah, and I came back with that until I passed by Musa, peace be upon him, who said: 'What has your Lord enjoined upon your Ummah?' I said: 'He has enjoined fifty prayers on them.' Musa said to me: 'Go back to your Lord, the Mighty and Sublime, for your Ummah will not be able to do that.' So I went back to my Lord, the Mighty and Sublime, and He reduced a portion of it. Then I came back to Musa and told him, and he said: "Go back to you Lord, for your Ummah will not be able to do that.' So I went back to my Lord, the Mighty and Sublime, and He said: 'They are five (prayers) but they are fifty (in reward), and the Word that comes from Me cannot be changed." [1] I came back to Musa and he said: "Go back to your Lord.' I said: 'I feel too shy before my Lord, the Mighty and Sublime." [Agreed upon].

 

 This is how obligatory prayer was directly prescribed by Allah, The Exalted, to be the backbone of religion and the beginning of the acts of worship and the rope between the slave and his Lord. 

 

However, in the morning after Isra`, people were divided into two groups. One believed what the Prophet (PBUH) had gone through, but the other didn`t, and so disbelieved. In simple words, this event distinguished the pure from the impure.

 

 I pray that Allah, The Almighty, makes this anniversary an incentive for the Muslim Ummah to liberate Al-Aqsa Mosque, and I also pray that He blesses Jordan with safety and stability along with the rest of the Islamic countries. And all perfect praise be to 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 Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

What is the ruling of Islamic Law on a latecomer who joins the imam during the standing position of the first rakʿah but was unable to complete the recitation of al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a latecomer (masbuq) joins the prayer while the imam is standing, he should begin reciting Sūrat al-Fātiḥah immediately, without pausing to recite the opening supplication (duʿāʾ al-istiftāḥ) or the seeking of refuge (taʿawwudh). If the imam bows before he completes al-Fātiḥah, he follows the imam into the bow and leaves whatever remains of al-Fātiḥah — the imam bears it on his behalf.
It is stated in ʿUmdat al-Sālik (p. 47): "If a latecomer finds the imam standing and is confident that he has enough time to recite the taʿawwudh and al-Fātiḥah in full, he may do so. If he is uncertain, he should neither recite the opening supplication nor the taʿawwudh, but rather begin directly with al-Fātiḥah. If the imam bows before he completes it, he follows him into the bow — provided he had not already begun the opening supplication or the taʿawwudh. If he had begun either of them, he continues reciting al-Fātiḥah for as long as he spent on them." And Allah the Almighty knows best.

What is the ruling of Islamic Law on a father shaking hands with his son’s wife after she has been divorced three times?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The wife of one’s son is among the women permanently prohibited to the husband’s father as soon as the marriage contract  is concluded, based on the saying of Allah the Exalted: “Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother’s daughters, your sister’s daughters, your foster mothers, your foster sisters, your wives’ mothers, and your stepdaughters under your guardianship [born] of your wives with whom you have consummated marriage. But if you have not consummated marriage with them, there is no sin upon you. [Also prohibited are] the wives of your sons who are from your loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.” [al-Nisāʾ/23]
This prohibition begins once the son’s marriage contract with his wife is complete, and it remains in force even if the son separates from her before consummation or before any seclusion (khalwah) with her. It is therefore permissible for the father to shake her hand and to be alone with her, provided there is no fitnah (temptation) and no suspicion.
It is stated in ʿUmdat al-Sālik (p. 204): “It is forbidden to marry… the wives of one’s fathers and of one’s sons. All of these women become prohibited by the mere contract, … all of that being a permanent prohibition.” End quote, with slight adaptation. And Allah Almighty knows best.