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The Month of the Pious People
Author : Dr. Mohammad Al-Khalayleh
Date Added : 31-05-2018

The Month of the Pious People

 

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

Allah, The Almighty, has prescribed fasting on His believing slaves to raise them to the rank of the pious, so He, The Exalted, made piety the core of the verses addressing fast. As He The Almighty, said, at the beginning of these verses, (what means): "O you who believe, prescribed for you is the Fast, just as it was prescribed for those that were before you so that you might guard yourselves." [Al-Baqarah/183]. Besides, He, The Exalted, also Said (What means): "Thus doth God make clear His Signs to men: that they may learn self-restraint." [Al-Baqarah/187].

Allah, The Exalted, has prescribed acts of worship for a significant objective, and that is achieving piety in the souls of His believing slaves to raise them to the rank of the pious. He, the almighty, said, "O ye people! Adore your Guardian-Lord, who created you and those who came before you, that ye may have the chance to learn righteousness ." [Al-Baqarah/21]. This is what all the Prophets and the Messengers have invited their people to. Allah, The Almighty, Said, through the tongue of Noah (PBUH) (What means): "He said: "O my People! I am to you a Warner, clear and open "That ye should worship God, fear Him and obey me." [Nuh/2-3]. In addition, He, The Almighty, Said through the tongue of Hud (PBUH), (What means): "Behold, their brother Hud said to them: "Will ye not fear (God)?" [Al-Shu`ara`/124]. Moreover, He, The Exalted, Said through the tongue of Lut (PBUH), (What means): "Behold, their brother Lut said to them: "Will ye not fear (God)?" [Al-Shu`ara`/161]. Furthermore, Shu`aib`s (PBUH) invitation to his people, (What means): "Behold, Shu’aib said to them: "Will ye not fear (God)?" [Al-Shu`ara`/177]. And Allah, The Exalted Said through the tongue of Elias`s (PBUH) invitation, (What means): "So also was Elias among those sent (by Us). Behold, he said to his people, "Will ye not fear (God)?" [As-Safat/123-124].

The above reflects the virtue in all acts of worship. As for fasting, Allah, The Almighty, has privileged it with sublime virtues and stated that in the Noble Quran (What means): "O you who believe, prescribed for you is the Fast, just as it was prescribed for those that were before you so that you might guard yourselves." [Al-Baqarah/183].

Fasting encompasses the different elements of piety. When Ali Bin Abi Talib (May Allah be pleased with him) was asked about piety, he said: "It is fearing The Sublime, applying the rulings stated in the Holy Qur`an, being content with little and preparing for the day of departure from this life." [Subol Al-Huda Wa-r-Rashaad, vol.1/pp.421].

Fasting leads fear of Allah to grow in one`s soul because it (fasting) is a secret between the salve and His Lord. It also trains one to be content with little. As a result, the Muslim who used to unleash his desires for different lawful foods and drinks is satisfied, in Ramadan, with what`s little.

Preparations for departing from this worldly life are evident in Ramadan: the Muslim arrives at the conclusion that the body may survive with little food; whereas, spiritual life rests on piety, turning to Allah and being sincere to him. In other words, the truth doesn`t lie in material matters sought by many a man.

Undoubtedly, fasting involves the hardships of hunger, thirst and abstaining from desires and passions. However, the Muslim finds, in these, a sense of pleasure that makes him taste the sweetness of faith. Every human being on the face of this earth seeks the pleasure of the life of this world and the Hereafter, but the closest way to this end is piety.

Through fasting, Allah, the Exalted, wants to elevate His salves to the rank of the pious and Ramadan is a chance for every Muslim to do that and earn the best of ranks to be admitted to Janah (paradise). He, The Almighty Said (What means): "and for this let those aspire, who have aspirations." [Al-Mutaffifin/26]. Fasting contains all that is good for it disciplines the souls and the senses. It was narrated that Abu Um amah said: "I said: 'O Messenger of Allah, tell me of an action (I should do).' He said: 'Take to fasting, for there is nothing equal to it." [Sunan An-Nasa'i].

Allah, The Almighty, has privileged his pious slaves with miracles and abundant gifts. Some of these are:

They are the pious worshippers of Allah, the ones protected and supported by Him, and no fear shall befall them nor shall they grieve. Allah, The Almighty, Said (What means): "Behold! Verily on the friends of God there is no fear, nor shall they grieve; those who believe and (constantly) guard against evil;-" [Younis/62-63]. Ibn Katheer interpreted this verse as follows: "Allah informs that His pious worshippers are the ones who believed and feared Him. Whoever is pious is a friend of Allah`s. "there is no fear on them": as regards the horrors of the Day of Resurrection. "nor shall they grieve": for what they have left behind in worldly life." [Tafseer Al-Qur'an vol.4/pp.278].

For the concept of piety to materialize in the soul of every Muslim to become a pious worshipper, he/she should purify his/her soul through performing various acts of worship in their correct manner and intending to please Allah alone, because the commodity of Allah is precious, as stated by Prophet Mohammad (PBUH): "………Be on your guard that the commodity of Allah is precious. Verily the commodity of Allah is Jannah". [At-Tirmithi]. Moreover, a Muslim should intend coming closer to Allah as the sole objective of fasting. He should also abandon material desires out of sublimity. Fasting Ramadan should be the medium for reaching the rank of the pious. Therefore, whoever managed to train himself during Ramadan to abstain from what`s lawful, in compliance with the injunctions of Almighty Allah, will find it easier to abstain from what`s forbidden for the rest of the year.

We pray that Almighty Allah helps us fast 

Ramadan and make us amongst His sincere worshippers. Indeed, He hears and responds. And all praise be to Allah, The Lord of The Worlds.

 

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Summarized Fatawaa

What is the ruling of Islamic Law on a menstruating woman (ḥā'iḍ) reciting the Islamic ruqyah (Qur'anic/spiritual healing)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible for a person in a state of janābah (major ritual impurity), or a menstruating woman (ḥā'iḍ), or a woman in postpartum bleeding (nufasā'), to recite for the purpose of ruqyah (spiritual/Qur'anic healing), even if this includes some verses of the Noble Qur'an — whether recited from memory or by looking at the Muṣ-ḥaf (the physical copy of the Qur'an) without touching or carrying it — provided that the intention behind the recitation is ruqyah, protection (taḥṣīn), and remembrance (dhikr), not the intention of tilāwah (Qur'anic recitation as an act of worship in itself). This remains permissible even if what is recited is an entire sūrah, such as Sūrat al-Mulk.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It is lawful for a person in janābah to utter its [the Qur'an's] remembrances and other content — such as its admonitions, its narratives, and its rulings — so long as it is not with the intention of [reciting] Qur'an. [This is] like his saying upon mounting [a vehicle]: 'Glory be to Him Who has subjected this to us, and we could never have accomplished this [by ourselves]' [Sūrat az-Zukhruf: 13] — meaning, [could never have] been capable of it — or upon a calamity: 'Indeed we belong to Allah, and indeed to Him we shall return'... In fact, my teacher, ash-Shihāb ar-Ramlī, issued a fatwā that even if he recited the entire Qur'an without the intention of [reciting] Qur'an, it would be permissible." [Summarized from Mughnī al-Muḥtāj, Vol. 1/P.217] And Allah, the Exalted, knows best.

A man led the people in prayer as imam, and at the end of the prayer he performed a prostration of forgetfulness (*sujūd al-sahw*) because he had omitted a short *sūrah* after al-Fātiḥah. What is the ruling on his prayer and that of those praying behind him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
According to the Shāfiʿī school, it is sunnah to recite a sūrah after al-Fātiḥah in the prayer. One who omits it has a valid prayer, and no prostration of forgetfulness (sujūd al-sahw) is prescribed for omitting it. If someone performs sujūd al-sahw for its omission while knowing the ruling and remembering it, his prayer is invalidated. But one who is ignorant of the ruling, or who did so out of forgetfulness, his prayer is not invalidated, because this is among the matters that are obscure to people, and ignorance of it is not restricted to those who recently entered Islam.
Shaykh al-Islām al-Shams al-Ramlī said in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Vol.2/p.70): “The remaining sunnahs are not compensated for by prostration, such as the remembrances (adhkār) of bowing and prostration, that is, the opening supplication (duʿāʾ al-iftitāḥ) and the sūrah, in accordance with the base rule, because they are not of the same nature as what has been reported [as compensable]. If one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to ignorance. As for the objection raised that the ignorant person does not know that sujūd al-sahw is prescribed, and whoever knows it knows its place, this is refuted by denying such a necessary connection, for the ignorant person may hear only that sujūd al-sahw is prescribed before the salām, and so assume that it applies to every sunnah and is not restricted to its prescribed place.”
This is among the matters that are obscure, in which the mukallaf is excused for ignorance, as stated by al-Shabrāmallisī in his Ḥāshiyah ʿalā Nihāyat al-Muḥtāj (Vol.2/p.70).
However, if the imam prostrates, and the follower (maʾmūm) presumes that his imam’s prostration is for a reason for which one does not prostrate, it is not permissible to follow him in it, so long as the follower knows the ruling.
Accordingly, the prayer of one who did not recite a sūrah after al-Fātiḥah is valid, and sujūd al-sahw is not prescribed for it. Whoever prostrates out of ignorance or forgetfulness, his prayer is valid, because this is among the issues hidden from the general public. But whoever prostrates while knowing the ruling and remembering it, his prayer is invalidated. And Allah 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.

If the bleeding ceases after 40 days following childbirth, but then returns intermittently during two days of fasting, what is the ruling?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whenever the post-natal bleeding (Nifas) ceases and the woman is certain it will not return, she has become pure; therefore, she must perform the ritual bath (Ghusl) and resume praying and fasting. However, if the blood returns within fifteen days of its cessation and before sixty days have passed since the delivery, the ruling of Nifas applies once again. Consequently, any fasting or prayer performed during that interval of purity is rendered invalid; she must make up for the missed fasts of those days, but she is not required to make up for the prayers. And Allah the Exalted knows best.

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