Mawlid: Revival of the Islamic Nation

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What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

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

Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.

It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.

It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

What is the ruling on using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:

"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

What is the ruling on reciting the Noble Qur’an during menstruation?

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

It is impermissible for a woman in menses, a woman in postnatal bleeding, or a person in a state of major ritual impurity to recite any part of the Noble Qur’an with the intention of recitation, even from a mobile phone or a computer, and even if the recitation is from memory. It is narrated on the authority of ʿAlī ibn Abī Ṭālib (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) “was not prevented, or he said kept back, from the Qur’an by anything except janābah (major ritual impurity).” It was narrated by Abū Dāwūd and al-Tirmidhī, who said: “Ḥasan ṣaḥīḥ.”

Janābah and menstruation are one and the same in that both constitute a major ritual impurity. Just as a woman is commanded by Allah Almighty to pray, fast, and recite the Noble Qur’an during her period of purity, she is likewise commanded to refrain from these during the period of her excuse.

For further reference, see the fatwas: (Fatwas of Shaykh Nūḥ, Fatwa no. 27) and (248). And Allah Almighty knows best.

What is the ruling on kidney dialysis while fasting in Ramadan?

Kidney dialysis breaks the fast because the dialysis fluid is nutritive, as confirmed by medical experts. Additionally, it involves the entry of substances into the body cavity (jauf).

A patient undergoing dialysis must make up for that day after Ramadan. If they are unable to do so, they must pay fidyah by feeding one needy person for each day they missed.

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Mawlid: Revival of the Islamic Nation

Author : An Article by His Grace Dr. Mohammad Al-Khalayleh

Date Added : 19-11-2018

Mawlid: Revival of the Islamic Nation

Upon the arrival of the month of Rabi Al-Awwal, Prophet Mohammad`s birth anniversary (Mawlid) arouses overwhelming emotions in the hearts of all Muslims reminding them of a history, a present reality and a future.

That history started before the Prophet (PBUH) was even born in the Arabian Peninsula. He (PBUH) is a descendent of the Prophet Ismail (PBUH) from Bani Kinana, from Quraish, from Bani Hashim; the best of the best and the noblest of tribes in respect to lineage.

While the Arabian Peninsula was preoccupied with tribal warfare, the Persians and the Romans were in the vanguard of civilizational procession; followed by the Greeks and the Indians. Those civilizations had their share of scientific, cultural and philosophical products that had a significant impact on the making of a full-fledged human civilization.

The Prophet (PBUH) was born on the 12th of Rabi al-Awwal, in the 'Year of the Elephant'. Upon his delivery, his Mother Aminah saw a light that illuminated what`s between the east and the west. A light that had later infiltrated the illiterate nation of the Arabian Peninsula: a light of knowledge, civilization, mercy, good morality and justice. The first verse revealed to the Prophet (PBUH) was (What means): "Read! In the Name of your Lord, Who has created (all that exists)?" It gave life to the illiterate nation as well as the Arabian Peninsula announcing a turning point from illiteracy to knowledge, civilization, urbanization, good conduct and universal values. The Islamic civilization was so advanced that it overshined that of the Persians, Romans, Greeks and the Indians. It has established the general principles of human civilization, and liberated human beings from the yoke of slavery and despotism. This is reflected in the words of the Caliph Omar Bin Al-Khattab (May Allah Be Pleased with Him) that states: "Since when did you enslave the people though they were born from their mothers in freedom?"

Islam has also created a system for the family, and established, for humanity, the principles of fraternity, religious tolerance, equity and equality.

The contributions of the Islamic nation in the fields of science, arts, literature and philosophy have enriched the human civilization, and this was even recognized by non-Muslims. For example, The German historian Siegrid Honke wrote the book "The Sun of the Arabs Shines over the West." Will Durant has also written the book "The Story of Civilization."

In his book, "Arabs Civilization," Gustave Le Bon said: "If we take a closer look at the Arab and Muslim civilization, scientific books, inventions and arts, we arrive at the conclusion that they have the credit for the spread of knowledge in the middle ages. For over than five centuries, they were the sole source of scientific knowledge for the west. They have even civilized Europe materially, intellectually and morally, in addition to taking the lead in the field of artistic creativity."

The Islamic civilization, whose foundations were set by non-other than Prophet Mohammad (PBUH), has addressed the various intellectual, psychological, spiritual, physical and material needs of humanity.

His call to Allah was founded on the achievements of the elite Muslim scholars in different fields, such as Al-Khawarizmi, Ibn Al-Haytham, Al-Idrisi, Al-Rāzī , Ibn Sina… and many others; where the Europeans have utilized the latter`s achievements in building their own civilization.

The orientalist George Sarton in his book: "Introduction to the History of Science", also recognized their distinguished accomplishments. He said: "The greater portions of the tasks of the human intellect were shouldered by the Muslims: Al-Farabi is the greatest of philosophers, Al-Masoodi is the greatest of Geographers and Al-Tabari is the greatest of historians."

Yes, on this occasion we remember a past glory of the Arabs and the Muslims and feel a sense of superiority, dignity and pride. However, a quick overview of our current situation would make us feel disappointed. At present, Muslims and Arabs are living a bitter reality as division, weakness and intra-conflicts dominate them. They have become in the rear of human civilization although they are the nation of (Read) and the seal of Messengers and Prophets.

In light of this harsh reality, we remember the beautiful attributes of our beloved Prophet (PBUH), and his tremendous efforts in elevating and uniting the Islamic nation. He (PBUH) said, "I have left two matters with you. As long as you hold to them, you will not go the wrong way. They are the Book of Allah and the Sunna of His Prophet."

No matter what the case may be, The Book of Allah and the Sunna of His Prophet (PBUH) are the one and only solution for all our problems and suffice to raise our morale. Allah, The Almighty, Said (What means): "And hold fast, all together, by the rope which God (stretches out for you), and be not divided among yourselves" [Al-Imran/103]. In addition, the Prophet (PBUH) said: "and seek help from Allah and do not lose heart." [Moslim]. Besides, Allah, The Almighty Said (What means): "Such days (of varying fortunes) We give to men and men by turns" [Al-Imran/140] and He Said (What means): "When will that be?" Say, "May be it will be quite soon!" [Al-Isra/`51].

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Summarized Fatawaa

I work overtime after regular working hours and may become occupied with my phone or the work computer for personal matters — what is the ruling on this?

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

It is obligatory upon an employee to abide by the instructions and regulations governing overtime hours, and equally obligatory to uphold honesty and avoid all forms of deception and dishonesty. Allah the Almighty says {what means}: "O you who have believed, be mindful of Allah and be with the truthful." [Al-Tawbah/ 119]

Whoever is assigned to work overtime must be present at his workplace — even if he has no specific tasks to carry out at that time. In such a case, he should strive as best he can to spend that time in a manner that benefits the institution he works for. If there is genuinely no work for him to do, there is no objection to occupying his time with something beneficial — such as reciting the Holy Qurʾān, reading, or listening to educational lessons — provided he has already completed all the responsibilities assigned to him.

If, however, he does have work to complete, he must spend that time fulfilling it. He may attend to phone calls or other personal matters to the extent that is customarily acceptable, as long as this does not result in delaying or postponing his work. If he delays his work on account of personal preoccupations, the wages he received for that wasted time are not lawfully his to keep, and he is obliged to return the equivalent amount to the institution by whatever means available to him. And Allah the Almighty knows best.

Is it permissible to purchase the Udhiyah on installments?

It is permissible to purchase the sacrificial animal (uḍḥiyyah) on installments or by borrowing its price. However, it is not recommended for the poor to do so, because they are not required to offer a sacrifice, and Allah does not burden a soul beyond its capacity. If doing so would lead to negligence in providing for one's dependents (nafaqah wājibah), then giving precedence to obligatory maintenance over borrowing to buy the sacrifice is appropriate. This is based on the saying of the Prophet (peace and blessings be upon him): "It is sufficient sin for a person to withhold food from those whom he is responsible to support."

Furthermore, the sacrifice is valid from one who has a debt, but it is preferable (awlā) to repay the debt first, especially if the debt is due immediately (ḥāll). And Allah Almighty knows best.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

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

If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.

It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."

The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.

It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]

Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, 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.