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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 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 of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.
If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.
All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty knows best.

What is the ruling on eating from one`s Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is divided into two categories: the vowed sacrifice (Al-Mandhurah) and the voluntary sacrifice (Al-Tatawwu').
 
First: The Vowed Sacrifice (Al-Mandhurah)
This refers to a sacrifice that has become strictly obligatory due to a formal vow (Nadr). It is completely impermissible for the person offering it, or any members of their family whom they are financially obligated to maintain, to eat any of its meat or fat. Furthermore, it is unlawful for them to personally benefit from its hide, wool, or any other part of it. If they happen to eat any portion of it, the offerer is legally obligated to give an equivalent amount of meat or its monetary value to charity. (As noted in Tuhfat al-Muhtaj by Imam Ibn Hajar al-Haytami,Vol. 9/P.364).
 
Second: The Voluntary Sacrifice (Al-Tatawwu’)
This is a recommended, non-obligatory sacrifice. The person offering it is fully permitted to eat from its meat, distribute portions as charity to the poor, and give pieces as gifts to those who are well-off. However, it remains a mandatory requirement to donate at least a minor portion of it to charity; this should not be less than approximately half a kilogram of raw, uncooked meat. And Allah the Almighty Knows Best.

What is the ruling on using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.

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