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The Culture of Building
Author : Dr. Hassan Abu_Arqoub
Date Added : 03-02-2019

The Culture of Building 

 

Work, building, and development are key features of civilized countries as it is highly unlikely for one to find an civilized country whose progress rests on the ignorance or laziness of its citizens. Actually, countries are built through quality education and hard work, and this is Allah`s Law in the universe. Further, Allah has combined means to results and ordered us to make use of all available means and to do whatever is possible in order to get the result that we aspire to. At the same time, we should believe, deep down, that Allah will help us when using those means. However, belief alone isn`t sufficient; rather, it must be accompanied with actual work where available means are taken advantage of, as enjoined by our Islamic creed. 

 

If we ponder on the biography of our role model, Prophet Mohammad (Blessings and peace be upon him), we can`t help but to notice that it is replete with lessons urging us to building and development. When the Prophet (PBUH) entered Medina and wanted to build a mosque, he helped his companions in moving stones and this is a practical example of how the role model should be. After a while, it was brought to his attention that one of the companions was very good in mixing and preparing mud, so he made him in charge of that task. Actually, many benefits can be derived from this narration: A leader should be familiar with every skill that his followers have, appoint the right person in the right position, and choose individuals according to their skill and knowledge, and not according to the degree of kinship or love. 

 

This is how the Prophet (PBUH) taught us to explore and invest other`s capacities. Therefore, if a person is good at particular thing, then he should be set apart on that basis. This reflected in the following narration: In which Anas Ibn Malik (May Allah be pleased with him) narrated that the Prophet (PBUH) said: "The most merciful of my nation to my nation is Abu Bakr, and the most severe of them concerning the order of Allah is 'Umar and the most truly modest of them is 'Othman bin 'Affan. The best reciter (of the Qur'an) among them is Ubayy bin Ka'b, the most knowledgeable of them concerning (the laws of) inheritance is Zaid bin Thabit, the most knowledgeable of them concerning the lawful and the unlawful is Mu'adh Bin Jabal. Truly, every nation has a trustworthy one, and the trustworthy one of this nation is "Abu 'Ubaidah Bin Al-Jarrah."  Therefore, as mentioned above, a leader should discover the skills of his followers and choose them accordingly.

 

Further, he (PBUH) taught us how to make use of other nations' experiences, and never criticize any unfamiliar or weird experience based on its source. This is because, during Al-Ahzab battle, Salman Al-Farisi (May Allah be pleased with him), suggested digging a ditch as a defensive line for Al-Medina since the Persians have used this strategy in warfare, so the Prophet (PBUH) approved of that. Furthermore, a wise word is the lost property of the believer, so wherever he finds it, he has more right to it, therefore, making use from other nations experiences and developing them, is one of a successful leader's aspects.

 

Moreover, he (PBUH) is our role model when it comes to consulting others and not listening only to one`s-self, although none will blame him for that, since he is Allah's Messenger and many of his acts and words are divinely inspired. Nevertheless, he used to consult his companions and listen to what they have to say in almost every matter. This is reflected in the following examples:

 

The Prophet (PBUH) Took Al-Habab Ibn Al-Monther's opinion regarding the spot that the Muslim army should be stationed at in the battle of Bader, gave the companions the permission to negotiate with the disbelievers regarding the prisoners, consulted them in the battle of Ohoud and took Salman's opinion as mentioned earlier. Thus, a good leader should be keen on consulting his followers and listening to what they have to say, and this can only be achieved in an atmosphere full of freedom and respect, and finding such an atmosphere is a leader`s prime responsibility..

 

In conclusion, every person is a leader in his position-capable of changing and developing- and all we need to do is to take the initiative towards that end [Allah guideth whom He will unto a straight path.] So is it time for hard work? 

 

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on purchasing a home through conventional commercial banks for those living in the West?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The ruling of Islamic Law on purchasing a home through usurious/interest-bearing loans was previously detailed in Fatwa No. (760). Its summary affirms the prohibition of purchasing homes through interest-bearing loans, based on the general foundational principle of the strict prohibition of Riba (usury). This is the position we hold in devotion to Allah Almighty, and it is the religious edict we convey to the people.
 
As for considering the specific circumstances of a particular country or individual, the questioner must personally consult scholars whom they trust within their country of residence. And Allah Almighty knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

A pregnant woman has iron deficiency. When she showers, she becomes very tired and feels cold. What is the ruling on tayammum in this situation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
One should not resort to tayammum (dry ablution) as a substitute for the obligatory ghusl (ritual bathing) so long as it remains possible to use water — for example, by heating the water, warming the place where the bathing takes place, or taking other similar precautions. However, if such measures prove ineffective, or are simply not possible to carry out, and performing ghusl [with cold water] would result in severe harm, then tayammum becomes permissible in that case, due to genuine inability to use water on account of the harm that would result, as described in the question. That said, she must make up (qaḍā') the prayers she performed using this tayammum.
It is stated in Bushrā al-Karīm: "One should not perform tayammum on account of cold unless warming the limbs fails to remove the aforementioned harm, and no means are available to heat the water — such as a vessel, firewood, or fire — and one fears [that using cold water would result in] any of the harms mentioned earlier in the discussion on illness: danger to life, loss of function in a limb, the onset or worsening of an illness, delayed recovery, or the [visible bodily] blemish mentioned in that discussion on illness. In such a case, tayammum becomes permissible due to the harm involved, but the prayer must still be made up afterward (qaḍā'). If, however, warming the body proves effective, or the means to heat the water are available, or none of the aforementioned harms are feared — then tayammum is not permissible, even if using the water causes some degree of discomfort or pain, since mere discomfort alone does not permit resorting to tayammum." And Allah, the Exalted, knows best.

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