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Inspirations from Hijrah
Author : Dr. Ahmad Al-Hassnat
Date Added : 16-09-2018

 

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.

 

Another lunar year has passed with all its ups and downs and a new one is about to begin, and this is Allah`s Way in this universe. He, The Almighty, Said (What means): "Such days (of varying fortunes) We give to men and men by turns…" [Al-Imran/140].

Whenever Muslims begin a new year, they remember the journey that the Prophet (PBUH) had undertaken and introduced Muslims into the history of humanity. It is his blessed migration or journey from Mecca to Yathrib, later renamed by him to Medina, that took its light from his (PBUH) and from there the ray of the light of guidance illuminated the whole universe which was living in sheer darkness.

It is true that Yathrib was living in darkness, but once the Prophet (PBUH) arrived, it over shined. To the people of that city, his face was more beautiful than a full moon in a dark night, so they sang the welcoming song "Tala Al Badru Alyna".  The light of Islam has emerged with his arrival and will continue to spread by the blessings of Allah, The Almighty, Who Said (What means): "Their intention is to extinguish God’s Light (by blowing) with their mouths: But God will complete (the revelation of) His Light, even though the Unbelievers may detest (it)." [As-Saf/8].

 

Hijrah was a turning point in the history of Islamic Dawa (Calling/Inviting people to Islam) and the Arab Nation. Not only that, it was also a turning point in the history of all humankind that was experiencing darkness, persecution, classism, in addition to moral and financial corruption. Humanity was looking for a way out of this dilemma. When Prophet Mohammad (PBUH) arrived, he freed people from slavery. They have become slaves only to their creator. They started working and became more productive. They moved from illiteracy to literacy. His achievements during the few years that he had spent in Medina were outweighed thousands of years in the lives of other nations. In those years, Islam was put to the test; it proved that religion isn`t about words or slogans. Rather, it is about reviving humanity and building the universe. 

 

This Hijrah led to the establishment of an Islamic state whose accomplishments gained the respect of other nations; even enemies. One enemy once said: "History hasn`t experienced a conqueror who is more merciful than the Muslim Arabs." Muslims are the holders of a Universal Message; a message of love and mercy to all humanity; as reflected in the following verse, whereas it states (What means): "We sent thee not, but as a Mercy for all creatures." [Al-Anbiya/107].

 

Our mentor and role model is Prophet Mohammad (PBUH) who had never avenged himself on anyone. Since he cared for all his people. He prayed that Allah guides and forgives them. Upon his return to Mecca, he said, indicating how valuable homeland is: "You are the closest land to my heart. Hadn`t your people driven me out, I wouldn`t have left." During his stay in Medina, he kept longing to Mecca. He kept imagining its hills and mountains. He remained in this state until Allah, The Exalted, blessed him with conquering it.

 

Despite being persecuted along with his companions at the hands of the disbelievers of Mecca, despite being fought in Badr and Uhud and despite them (disbelievers) having broken their vows and covenants, Prophet Mohammad (PBUH) forgave them, because he was a conqueror of hearts; not fortresses, minds; not bodies. He proved to be the Messenger of love and mercy. He said to them "You are free to go."

Given the different tragedies that our world is witnessing, we are in dire need to apply the teachings of our role model Prophet Mohammad (PBUH) for it is only through love and mercy that we can open hearts and minds.

 

Nowadays, the Muslim nation is experiencing moments of weakness similar to those, which the Prophet (PBUH) and his companions had in Mecca. However, this didn`t break them; despair couldn`t infiltrate into their hearts or souls, because they had trust in Allah. They had deep conviction that after hardship comes ease. In fact, exercising patience during trial is an act of worship for which a Muslim is rewarded. Also, doing one`s best to facilitate for that ease to come is, in itself, an act of worship. Abu Hurairah (May Allah Be Pleased with him) narrated that the Messenger of Allah (PBUH) said: "If anyone relieves a Muslim believer from one of the hardships of this worldly life, Allah will relieve him of one of the hardships of the Day of Resurrection….." [Moslim].

A true believer is one who combines action with hope, and never gives up on God`s mercy. Allah, The Almighty, Said (What means): "God has promised, to those among you who believe and work righteous deeds, that He will, of a surety, grant them in the land, inheritance (of power), as He granted it to those before them; that He will establish in authority their religion - the one which He has chosen for them; and that He will change (their state), after the fear in which they (lived), to one of security and peace: ’They will worship Me (alone) and not associate aught with Me. ’If any do reject Faith after this, they are rebellious and wicked." [An-Nur/55].

 

Allah and His apostle have spoken the truth; yes, we have to do our best and hope that Allah blesses us with success. Undoubtedly, Allah will never fail a nation whose Messenger is Prophet Mohammad (PBUH). We pray that the Prophet (PBUH) intercedes for us with Allah, the Almighty, at the Day of Judgment. We pray that He, the Exalted, spares us all afflictions and showers us with peace and stability, and makes us amongst those who will join the Prophet (PBUH) on the Day of Resurrection. And all perfect praise be to Allah, The Lord of The Worlds.

 

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Summarized Fatawaa

Can someone who begins a voluntary fast break it?

It is preferable for someone who begins an act of worship not to break it.
Allah the Exalted has said {what means}: "and let not your [good] deeds come to nought!" [Muhammad/33].
However, if a person starts a voluntary fast (nafl) and needs to break it, they are going against what is preferable, but there is no sin upon them.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

Is Zakah (obligatory charity) due on the items used in the trading process such as: cars , shops etc..?

No Zakah is due on equipments used in the trading process such as cars and the like.

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.

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