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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 Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
Furthermore, it is narrated that Abu Bakr and Umar (may Allah be pleased with them both) would sometimes refrain from offering the sacrifice out of fear that people might mistakenly view it as an obligatory duty [Narrated by al-Bayhaqi and others with a good (Hasan) chain of transmission]. And Allah the Exalted knows best.

Is it permissible to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah Almighty 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 of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

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