Inspirations from Hijrah

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When does the time for the 'aqīqah lapse and pass?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.

If the guardian was financially capable (mūsir) during the majority of the postnatal period (nifās) — which is sixty days — then the obligation of the 'aqīqah remains upon him until the child reaches the age of maturity (bulūgh). Once the child reaches maturity, the demand falls away from the father and those like him. At that point, it becomes Sunnah for the child himself to perform the 'aqīqah on his own behalf.

However, if the guardian was financially incapable (mu'sir) during the postnatal period, and then became financially capable after its expiry — that is, after sixty days — the 'aqīqah is no longer required of him. And Allah Almighty knows best.

Does tooth extraction during the day in Ramadan break the fast?

Simply extracting a tooth during the day in Ramadan does not break the fast. However, if water or blood enters the body cavity, the fast becomes invalid.

Whoever's fast is invalidated in this way must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day later.

It is preferable to postpone the extraction until nighttime or after Ramadan if possible.

How is the niṣāb (minimum threshold) of gold calculated when one owns gold of multiple different karats?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

Zakāh is obligatory on cash and on gold designated for saving or for trade, provided the total reaches the niṣāb (minimum threshold liable for Zakah), and a full ḥawl (lunar year) has elapsed over it. The niṣāb is (85) grams of 24-karat gold; for 21-karat gold, the niṣāb equals (97) grams; and for 18-karat gold, it equals (113) grams.

If one owns gold of multiple different karats, the person paying zakāh should calculate the monetary value of all the gold he owns, combining these values together to determine whether the total reaches the niṣāb. He then pays zakāh on this combined monetary value, once the total reaches the niṣāb. The relied-upon position is to calculate the zakāh based on the buying price [i.e., the price the gold merchant would pay the owner to purchase the gold from him] on the day the zakāh obligation is due. 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.

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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

What is the correct point at which to raise the hands when standing up for the third rak‘ah (after the middle tashahhud)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

Raising the hands while saying the takbīr [when rising for the third rak‘ah] is a recommended sunnah, and omitting it does not affect the validity of the prayer. The proper time for this is after rising from the middle tashahhud, once one has fully stood up.

It is stated in I‘ānat aṭ-Ṭālibīn (Vol.1/P.158): "His statement, 'and rising from the first tashahhud' — meaning, this manner [of raising the hands] is also a sunnah when he rises from the first tashahhud, that is, when he stands upright from it.

Consider [the question]: when precisely does the raising of the hands begin? Is it at the very start of rising from the first tashahhud, or after he has reached the minimum position of rukū‘ [i.e., once fully upright]? The apparent, [correct] view is the latter — even though the outward wording [of the text] might suggest the former — because at the very start of his rising, he is still relying on both hands [to push himself up, and therefore cannot yet raise them]."

It is stated in ‘Umdat as-Sālik (p. 53): "If his prayer extends beyond two rak‘ahs, he sits after them in the iftirāsh position, recites the tashahhud, and sends blessings upon the Prophet ﷺ alone, without [mentioning] his family [at this point]. He then stands while saying the takbīr, supporting himself with his hands; and once he has stood upright, he raises them level with his shoulders." And Allah, the Exalted, 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.

Should the Zakah (obligatory charity) giver tell the poor recipient that this is the Zakah of his money?

No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when paying it to the poor. And Allah Knows Best.

If someone delays making up fasts for a year, can they give fidyah before performing qada?

Yes, it is permissible to give fidyah before making up the missed fasts (qada), because each is an independent obligation, and there is no required order between them.