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Mourning over Martyred Hero Pilot Mo'aaz Kasassbeh
Author : The General Iftaa` Department
Date Added : 08-02-2015

 

Mourning over Martyred Hero Pilot Mo'aaz Kasassbeh

 

 

Praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad, the seal of messengers, and upon all of his family and companions.

 

Almighty Allah Says in the Holy Quran (What means): "Of the believers are men who are true to that which they covenanted with Allah. Some of them have paid their vow by death (in battle), and some of them still are waiting; and they have not altered in the least." [Al-Ahzaab/23]. He, The Almighty also Says (What means): "Think not of those who are slain in God’s way as dead. Nay, they live, finding their sustenance in the presence of their Lord; They rejoice in the bounty provided by God: And with regard to those left behind, who have not yet joined them (in their bliss), the (Martyrs) glory in the fact that on them is no fear, nor have they (cause to) grieve. They glory in the Grace and the bounty from God, and in the fact that God suffereth not the reward of the Faithful to be lost (in the least)." [Al-Imran/179-171].

 

The Iftaa` Department mourns the martyr of Jordan, hero pilot Mo`aaz Kasassbeh who fought with tooth and nail  defending his faith and country until he joined his fellow  martyrs who had fallen down defending Islamic holy sites and Arabic territories. The Department denounces this heinous crime committed by a ruthless hateful gang in a barbaric manner forbidden by Islam, heavenly laws and international laws. This crime reflects a hidden hatred harbored by a misguided group that has tarnished the image of Islam and took up killing as a profession, violating the teachings of the Prophet who forbade exemplary punishment and burning. Whereas he (PBUH) said: "None can chastise with fire except the Rubb of the fire." [Abu-Dawood]. We highly regard Mo`aaz Kasassbeh who fell martyr with honor, pride and showed no hesitance, or compromise over his religion, belief, or country, following in the footsteps of the great heroes of the Jordanian Army.

 

The Department extends its deepest condolences to the martyr`s family and prays that Allah empowers them with patience and solace, and that he remains an example of honor and pride to his clan as he was to his religion, country, leader, army and all Jordanians throughout their glorious history which is replete with stories of heroism and sacrifice in defense of religion, holy sites and country.

Our Prophet said about this misguided group: "In the last days (of the world) there will appear young people with foolish thoughts and ideas. They will give good talks, but they will go out of Islam as an arrow goes out of its game, their faith will not exceed their throats. So, wherever you find them, kill them, for there will be a reward for their killers on the Day of Resurrection." [Bukhari]. In addition, he (PBUH) said about the ones martyred by such groups: "Their killed are the worst in sight of Allah, but those killed by them are the best to Him." [Ibn-Maja].

 

The department stresses that all Jordanians must unite at such critical times to counter those who try to create chaos and anarchy, and spread trials. It also emphasizes on supporting His Majesty King  Abdullah the second, may Allah protect him, in all his efforts that aim at protecting the true image of Islam against those who try to distort it.

 

In this critical stage of our Islamic nation`s history, having experienced many young people with foolish thoughts and ideas whom the Prophet described as: "Some people calling at the gates of the (Hell) Fire, and whoever will respond to their call, will be thrown by them into the (Hell) Fire." [Agreed upon]. Besides; in light of this stray, contradiction and some people`s inability to tell right from wrong, the General Iftaa` Department along with the rest of the religious institutions will remain the first line defense encountering deviant  thoughts and non-Islamic acts through highlighting the true image of Islam reflected in the teachings and practices of Prophet Mohammad (PBUH), the Prophet of mercy and humanity, who saved people from the darkness of ignorance, blood-shed, severance of kinship ties, and led them to light, knowledge, love, mercy, unity and compassion. These institutions will continue to uncover the suspicious matters of such deviant groups who have abused Islam and distorted its true image.

We support our brave soldiers in standing up to these criminals, apostates and enemies of religion. We highly appreciate their steadfastness in protecting our beloved country and its peaceful citizens.

 

We beseech Allah to forgive the martyr and bestow mercy upon him, and empower his family with patience and solace.

 

 

“Surely, we are Allah`s, and to Him we shall surely return”

"Soon will the unjust assailants know what vicissitudes their affairs will take!"

 

The General Iftaa' Dept.

 

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Summarized Fatawaa

What is the ruling on someone who intends to travel to Jeddah for two days — must he enter iḥrām from his place of residence [i.e., before passing the mīqāt]?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey, it is unlawful for him to pass beyond his country's mīqāt (the designated boundary point for entering the state of iḥrām) without entering iḥrām. If he does so, he must return to the mīqāt to enter iḥrām from there, provided he has not yet begun performing the rites of the pilgrimage — in which case nothing further is required of him. However, if he does not return, he must offer a sacrifice (sheep/goat), to be distributed among the poor of the Ḥaram.
It is stated in at-Tanbīh fī al-Fiqh ash-Shāfi‘ī (p. 71): "Whoever, intending to perform the rites [of ‘Umrah or Ḥajj], passes beyond the mīqāt and enters iḥrām only after it, must offer a sacrifice. However, if he returns to the mīqāt before beginning any of the rites, the sacrifice is waived from him."
Accordingly: whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey must enter iḥrām at the mīqāt of his country through which he passes. Whoever fails to do so, passing beyond the mīqāt without entering iḥrām, and does not return, has sinned, and must repent to Allah, the Exalted; and he must offer a sacrifice, to be distributed among the poor of the Ḥaram. And Allah, the Exalted, knows best.

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, knows best.

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. 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.

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