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Ruling on Celebrating the Prophet`s Birthday
Author : Dr Noah Ali Salman
Date Added : 21-12-2015

Ruling on Celebrating the Prophet`s Birthday

 

On the twelfth of Rabi` al-Awal of each Hijri year, the Muslim World celebrates the birthday of Prophet Mohammad(PBUH). The General Iftaa` Department is pleased to congratulate the Muslim and Arab Nations on this happy occasion, and prays that at the same date of next year Allah would have favored them with peace, stability and honor.
We call on all Muslims in the Hashemite Kingdom of Jordan to participate in this celebration to show their love and high regard to our Prophet Mohammad(PBUH), remembering his words: "None of you is a believer till I am dearer to him than his child, his father and the whole of mankind."{Agreed upon}.
On this happy occasion, Muslims gather to recite the Quran, read the biography of the Prophet(PBUH) and chant Madih to honor him as well as to rejoice at his birth(Mawlid). These acts are amongst the good practices referred to by the Prophet(PBUH) where he said," Whoever introduces a good practice that is followed after him, will have a reward for that and the equivalent of their reward, without that detracting from their reward in the slightest"{Muslim}.
The permissibility of celebrating this happy occasion is indicated by many pieces of evidence, some of these are:
First: Abu Qatadah Al-Ansari (RAA) narrated, ‘The Messenger of Allah (PBUH) was asked about fasting on the day of Arafah (the 9th of the month of Dhul Hijjah). He replied, "Fasting on the day of Arafah is an expiation for the preceding year and the following year.” He was also asked about fasting on the day of Ashura (the 10th of the month of Muharram). He replied, “Fasting on the day of Ashura is an expiation for the preceding year.” The Messenger of Allah (PBUH) was also asked about fasting on Monday, and he replied, "This is the day on which I was born and the day on which I was sent (with the Message of Islam) and the day on which I received revelation." Related by Muslim. In this Hadith, the Prophet clarifies that he Fasted on Monday because it is his birthday which distinguishes that day from the rest of the days, and a Muslim should be keen on receiving as many rewards from Allah as possible during this blessed day.
Second: Allah, The Almighty, said, " and teach them to remember the Days of God."{Ibrahim/5}. i.e. teach them to remember the favors that Allah has bestowed upon them, as interpreted by Ibn Abbas, Mujahid and Qotadah, and the Prophet`s birthday is undoubtedly the greatest favor that Allah has bestowed upon the whole World; therefore, celebrating it means complying with the commands of Allah by remembering His favors and blessings.
Third: Allah, The Almighty, said, "Say: "In the bounty of God. And in His Mercy,- in that let them rejoice": that is better than the (wealth) they hoard"{Younis/58}. Ibn Abbas said, "The bounty of Allah is knowledge and His mercy is Prophet Mohammad(PBUH)." Moreover, Allah, The Almighty, said, "
We sent thee not, but as a Mercy for all creatures."{Al-Anbiya`/107}. Therefore, celebrating the birthday of the master of all creatures(PBUH) is one aspect of the prescribed rejoice.
Fourth: When the Prophet (PBUH) came to Medina, he found (the Jews) fasting on the day of 'Ashura' (i.e. 10th of Muharram). They used to say: "This is a great day on which Allah saved Moses and drowned the folk of Pharaoh. Moses observed the fast on this day, as a sign of gratitude to Allah." The Prophet (PBUH) said, "I am closer to Moses than they." So, he observed the fast (on that day) and ordered the Muslims to fast on it."{Bukhari}. Therefore, thanking Allah, annually, for bestowing a favor or removing an affliction is permissible, and amongst the greatest blessings and favors on that day is the birth of Prophet Mohammad(PBUH).
We should remind ourselves and our Muslim brothers to follow our role model Prophet Mohammad(PBUH) in terms of his manners, words and deeds. Allah, The Almighty, said, "Verily there is for you a good example in the Messenger of God for whoever hopes for [the encounter with] God and the Last Day, and remembers God often."{Al-Ahzaab/21}.
We beseech Allah, The Almighty, to protect our country, favor it with peace and security along with the rest of the Muslim countries.

 

 

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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 on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

Is the one offering the sacrifice liable if its meat spoils?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
If the meat (of the sacrifice) spoils due to the negligence of the one offering the sacrifice in preserving it, or due to improper storage, then he is liable to compensate for the portion due to the poor (which is estimated as half a kilogram of meat). If the sacrifice was a vowed (mandatory) one, then he is liable for all of it.
 
However, if he was not negligent, then there is no liability upon him, because its ruling is the ruling of a trust (like an item left in someone's care). And Allah Almighty knows best.

When does the time for the Fajr prayer begin?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The time for the Fajr prayer begins once the Mu’adhin starts the second Adhan (Al-Adhan al-Thani), and not after the first Adhan. And Allah the Exalted knows best.

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