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The Prophet`s Birth Anniversary
Author : His Grace Shiekh Abdulkareem Al-Khasawneh
Date Added : 04-01-2015

The Prophet`s Birth  Anniversary

By the Grand Mufti of  Jordan, Sheikh Abdulkarim Khasawneh

 

All perfect praise be to Allah,the Lord of the Worlds,and may His blessings and peace be upon our Prophet Mohammad and upon all his Family and Companions.

Before the birth of Prophet Mohammad{PBUH}, the world was in a state of chaos and anarchy as the people were overwhelmed with false ideas, myths and illusions where it was impossible to tell right from wrong and people misused the heritage of the prophets. Abu Raja Al-Utaridi narrated : “We used to worship stones, and when we found a better stone than the first one, we would throw the first one and take the latter, but if we could not get a stone then we would collect some earth (i.e. soil) and then bring a sheep and milk that sheep over it, and perform the Tawaf around it. When the month of Rajab came, we used (to stop the military actions), calling this month the iron remover, for we used to remove and throw away the iron parts of every spear and arrow in the month of Rajab. “{Bukhari}.

When Almighty Allah decided for the truth to uncover and the tyranny to end, He permitted the birth of His Prophet{PBUH}. He made him illuminate this universe with rays brighter than those of the sun, and by doing so the darkness of the night has faded away.

When he was born{PBUH}, he marked the birth of a new world. Almighty Allah says: “ There hath come to you from Allah a (new) light and a perspicuous Book,- “{Al-Ma`idah/15}.

His birth has given life to the universe, Monotheism emerged and Allah willed that His Message{Islam} be launched from a blessed spot of a remote place located in a barren, unreachable valley in the heart of desert. The great favor that Allah has conferred upon the Arabs  is that he has sent the seal of His messengers from them, and he specifically mentioned the believers although the Prophet was sent as mercy to all creatures. Almighty Allah says: “ God did confer a great favor on the believers when He sent among them an apostle from among themselves, rehearsing unto them the Signs of God, sanctifying them, and instructing them in Scripture and Wisdom, while, before that, they had been in manifest error. “{Al-Imran/164}.

The Prophet{PBUH} adopted the message of Islam and paid no attention to the ignorant, opportunist and skeptic. He countered mischief with patience and abomination with meekness. History hasn`t witnessed a man who has been perfected, disciplined and good mannered by Allah like our Prophet Mohammad{PBUH}. Thus, it isn`t surprising that he has led humanity from darkness to light and from injustice of religions to the justice of Islam. This has established principles of  a generation that addresses the world: “ How could you enslave people whose mothers  gave birth to them free. “ Praise be to Allah for His favors and gifts.

This is the Prophet whose birth anniversary we are celebrating today. His manners and heritage are reflected through the acts of  his followers.

However, we should realize that it is difficult to combine  peace of mind with the fulfillment of aspirations. Challenges are only overcome by uniting under the banner of Islam as one person, and Almighty Allah won`t fail the best of  people`s, evolved to mankind. Our Prophet{PBUH} said: “ My Muslim Ummah(Nation) is like the rain: One can`t tell its beginning from its end “

In a bid to achieve our aspirations, overcome weaknesses and protect ourselves against tests and trials, it is mandatory that we adhere to the commands of our beloved Prophet: adherence to the Quran and the Prophetic tradition. Abu Hurrairah narrated that the Prophet{PBUH} said: “ You shall never go astray if you adhere to the Book of Allah and the Sunnah{Prophetic tradition} of His Messenger  “{ Malik}. And Allah knows best.

 

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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.

Is it permissible for a praying person to make supplication in each Sajdah (a prostration) of obligatory prayer?

It is permissible for a praying person, whether praying individually, or in congregation, to make supplication during Sujood (prostration) in obligatory, or voluntary prayers. However, it is disliked for the Imam to do so since he is required to spare the prayer performers any sort of hardship, unless he is leading a certain group who don`t mind him extending the prayer.

When is a child instructed to fast?

A child is instructed to fast at the age of seven if they are capable of fasting and have reached the age of discernment, by analogy to prayer. They should be encouraged but not forced, so they can become accustomed to it. It is obligatory for their guardian, whether a father or another, to instruct them.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

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