Lessons from the Birth Anniversary of Prophet Mohammad (PBUH)

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What is the ruling on Qonot Du`a (supplication) at dawn prayer?

All perfect praise be to Allah,The Lord of The Worlds It is a confirmed Sunnah, and whoever leaves it should perform Sujood As-Sahw (prostration of forgetfulness). And Allah 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.

What is the ruling on combining more than one intention in the prayer, such as combining the sunnah of wuḍūʾ with the pre-Dhuhr sunnah, or combining the sunnah of greeting the mosque (taḥiyyat al-masjid) with the pre-Dhuhr sunnah?

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

Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:

First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.

Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.

It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”

Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.

Where should a woman who is led by her husband in prayer stand?

All perfect praise be to Allah The Lord of The Worlds It is from Sunnah (Prophetic tradition) that she stands behind him. And Allah Knows Best.

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Lessons from the Birth Anniversary of Prophet Mohammad (PBUH)

Author : Dr. Hassan Abu_Arqoub

Date Added : 19-11-2018

Lessons from the Birth Anniversary of Prophet Mohammad (PBUH)

The birth anniversary of Prophet Mohammad is very close to the heart of every Muslim. Worldwide, Muslims dwell upon the Prophetic biography praising the Prophet (PBUH) in prose and poetry, sending prayers upon him and giving food in celebration.

His birth (Mawlid) teaches us that calling people to the way of Allah requires patience and is never a walk in the park. When a person undertakes this sacred task, he should expect aggression from the stupid and mockery from the common. He could even be attacked by the closest of kin. This is the situation that was experienced by the Prophets (PBUT) including Mohammad (PBUH). In simple terms, this is the legacy of Prophethood, and whoever continues this mission will have a taste of it.

We also learn that good morality has a great impact on people`s acceptance of this call and this is why the Prophet (PBUH) had the best of morals: merciful, lenient, kind, loving, pious, generous, truthful and honest. People loved him for these beautiful attributes and thus entered into Allah`s religion in crowds. In light of this occasion, the lesson that we should learn is that good morality for the one calling to the way of Allah is like the capital for the trader: once that capital is lost, the trade is rendered stagnant.

Moreover, such a person should have one face, be it with his household or society since, nowadays; we can notice that many people have two faces. This double personality wasn`t part of our Prophet`s morals and thus it doesn`t befit those who are entrusted with continuing his message. Accordingly, a caller to the way of Allah must have one face everywhere and at all times.

Further, we realize that this call entails the exertion of time, effort and wealth on the part of the caller and this is one of the best types of Jihad as calling to the way of Allah and guiding people to the right path become his one and only concern. By this, he alienates his ego and absorbs others because he means to guide them and achieve what`s best for them.

In addition, we learn that companionship is of key importance, because a person is known by the company he keeps. If his companions are evil, he will be as such, but if they are good, he will be as such too. Accordingly, one should be extra careful when choosing his company, because, obviously, it has a direct effect on the life of the individuals as well as the society. When the Prophet (PBUH) wanted to build the nation of Islam, he was keen on choosing the company that was fit for that mission, and they did succeed in achieving that.

The Prophet`s birth isn`t a mere anniversary; rather, it is a lesson from his biography that we remind ourselves with so that it remains present in our minds. It is similar to a lighthouse that guides one though the pitch-black nights. The Prophet (PBUH) is our role model and the lantern of the truthful callers to Allah.

Celebrating this anniversary stresses the tight bond between the Muslim nation and its leader Prophet Mohammad (PBUH). Year after year, we renew our pledge of loyalty to this honorable Prophet (PBUH) and pray that Allah, The Almighty, gathers us with him on the Day of Resurrection, Amen to that.

The published article reflects the opinion of its author

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Summarized Fatawaa

There are olive trees within the precincts of the mosque, and my father covers the costs of electricity, water, and other needs of the mosque. Is it permissible for him to take the olive harvest?

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

If trees and fruit-bearing crops are planted in a mosque for the mosque itself, they may only be spent on the mosque’s interests. If they were planted for the public way (musabbalah), that is, for the general public, then any Muslim who enters the mosque may eat from them. If the planter’s intention is unknown, they are treated like those dedicated for public use, wherever custom has so run.

It is stated in Tuḥfat al-Muḥtāj (Vol.6/p.295): “The fruit of a tree planted for the mosque within it is not freely permitted without compensation. Rather, the imam spends its equivalent value on the mosque’s interests. The tree left its planter’s ownership here without any verbal declaration because of the evident indication. The case of planting it for the mosque excludes planting it as musabbalah, in which case eating from it without compensation is permissible, and likewise if his intention is unknown, where custom has so run. The tree may be uprooted from the mosque if the imam sees fit. Indeed, if he makes the plot a mosque while a tree stands in it, the imam may uproot it, even if the endower included it within the endowment (waqf).”

The father is a donor (mutabarriʿ), so he is not entitled to take anything in return for his donation to the mosque.

The Ministry of Awqāf is the body that supervises the affairs of endowments, so it must be consulted and the Sharīʿah and administrative instructions regulating such matters must be considered. And Allah Almighty knows best.

Does the Obligatory Ritual Bath (Ghusl) Suffice in Place of Ablution (Wuḍūʾ)?

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

The more prudent course is to perform ablution (wuḍūʾ) after the ritual bath (ghusl), so as to exit the difference of scholarly opinion and because the sufficiency of the ritual bath in place of ablution is contingent upon a number of conditions and requirements being met. And Allah the Almighty knows best.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

Is it permissible for a woman to perform the obligatory prayer immediately after the adhan and before the Iqamah is performed in the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

Yes, it is permissible for a woman to perform the obligatory (Fard) prayer immediately after the Adhan (call to prayer) and before the Iqamah (call to commence prayer) is performed in the mosque. And Allah the Exalted knows best.