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In Commemoration of the Prophet's Hijra (Migration)
Author : Dr Noah Ali Salman
Date Added : 14-10-2015

 

In Commemoration of the Prophet's Hijra (Migration)

 

 

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.

 

Usually, a significant event marks the beginning of any nation`s history. As Muslims, our history is pregnant with significant events such as the birth of the Prophet (PBUH), the descent of the revelation, the Hijra (Divinely ordained migration) from Makkah to Medina, the divine declaration in which Allah has perfected our religion for us, completed His favor upon us, and has chosen Islam for us as our religion.

 

However, when Umar Bin Al-Kattab consulted the honorable companions (May Allah Be Pleased with them) on the starting date of the Islamic calendar, they agreed that the most appropriate reference point for the Islamic calendar was the Hijra. Umar justified that by saying: "Islam has been powerful since the Hijra." In fact, Islam has assumed its right and complete position by the Hijra, and there are three important issues in this regard:

 

First: The noble companions have agreed that having a calendar is one aspect of any nation`s independence and a reflection of its privacy, so it is unacceptable that the Muslim nation follows the calendar of another nation for marking its events. Thanks to Allah, our Islamic nation has been using the Islamic calendar to show that it is proud of its religion, it is distinguished, it is independent, and it is loyal to the Prophet who initiated the Hijra.

 

Second: Allah, the Almighty, has honored Islam with the Hijra, because Muslims gathered in Medina under the leadership of the Prophet (PBUH) and they established a state concerned with spreading Islam and protecting Muslims against aggression. As a result, the principles of Islam were reflected in the behavior of the Muslim society, and this led to the spread of justice, goodness, observing kinship ties as well as ending injustice, aggression, lewdness and abomination, as indicated in the following verse, (What means): "Indeed God enjoins justice and virtue and giving to kinsfolk, and He forbids lewdness, and abomination, and aggression: He admonishes you so that you might remember." [An-Nahil/90].

 

A close comparison between the number of Muslims before Hijra and after it shows that there is a big difference although they were invited to Islam by the same Prophet, Mohammad (PBUH). He enjoyed the needed eloquence and wisdom, but his style varied in accordance with the new conditions since people are more influenced by what they see, than what they hear. Rather, they neither listen to the weak nor respect what is right unless it was backed with might.

 

Three: It is necessary at this time and at every other time that Muslims reflect the bright image of the glorious Islam through their behavior and that the task of inviting others to embrace Islam should be passed to the different generations, because Allah has sent this religion as a mercy to all humanity.

If some Muslims have tarnished the bright image of Islam through violating its very teachings, then it is incumbent upon every Muslim to set the records straight and clear that suspicion.

It is a relief that people the world round are still embracing Islam owing to the sincere efforts of faithful Muslims who invite them to Allah by good word and good deed.

 

Finally, people of reason, even non-Muslims, are still admiring and praising Islam; however, if some have insulted Islam by word or deed, or insulted the Prophet (PBUH), then he is too honorable to be belittled by the rancorous and the disbelieving.

 

And All perfect praise be to Allah, The Lord of The Worlds.

 

 

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Summarized Fatawaa

What is the ruling on congregational prayer performed outside the mosque, and is it a condition that it be performed in a mosque in order to attain the full reward?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not a condition for attaining the reward of congregational prayer that it be performed in a mosque; however, a Muslim should still be keen to perform his prayers in the mosque, so as not to miss out on immense reward. This is due to the virtue of the mosque and of spending time there (i‘tikāf), the typically larger number of worshippers present, and the additional reward gained through walking to and from the mosque. On the authority of Abū Hurayrah (raḍiyallāhu ‘anh), the Messenger of Allah ﷺ said: "Whoever purifies himself in his house, then walks to one of the houses of Allah to fulfill one of the obligations Allah has prescribed, one of his steps will erase a sin, and the other will raise him a degree [in status]." (Related by Muslim)
Whoever misses congregational prayer at the mosque should still strive to pray in congregation at his workplace, or together with the members of his household. And Allah, the Exalted, 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 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 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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