The General Iftaa` Department Condemns the Insulting Cartoons about the Holy Prophet Mohammad (PBUH)

| | عربي

Home

Articles

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.

Are the mother's maternal and paternal uncles, and the father's maternal and paternal uncles, considered among the unmarriageable kin (Maharim)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

A mother’s maternal uncle and her paternal uncle, as well as a father’s maternal uncle and his paternal uncle, are all considered among the unmarriageable kin (Maharim). And Allah the Exalted knows best.

What is the ruling on reciting the Noble Qur’an during menstruation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is impermissible for a woman in menses, a woman in postnatal bleeding, or a person in a state of major ritual impurity to recite any part of the Noble Qur’an with the intention of recitation, even from a mobile phone or a computer, and even if the recitation is from memory. It is narrated on the authority of ʿAlī ibn Abī Ṭālib (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) “was not prevented, or he said kept back, from the Qur’an by anything except janābah (major ritual impurity).” It was narrated by Abū Dāwūd and al-Tirmidhī, who said: “Ḥasan ṣaḥīḥ.”

Janābah and menstruation are one and the same in that both constitute a major ritual impurity. Just as a woman is commanded by Allah Almighty to pray, fast, and recite the Noble Qur’an during her period of purity, she is likewise commanded to refrain from these during the period of her excuse.

For further reference, see the fatwas: (Fatwas of Shaykh Nūḥ, Fatwa no. 27) and (248). And Allah Almighty knows best.

Is it permissible to use unscented petroleum jelly (Vaseline) during ‘Umrah, in order to prevent skin chafing or irritation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

According to the Shāfi‘ī school, it is permissible for someone in the state of iḥrām to use oils and creams free of perfume/fragrance on parts of the body other than the head and beard, for a genuine medical need — such as preventing skin chafing or irritation. However, applying them to the head or beard remains unlawful.

Shaykh al-Islām, Imam an-Nawawī (raḥimahullāh), says in al-Majmū‘ (Vol.7/P.279): "Oils are of two types: the first is an oil that is neither perfumed itself nor contains any perfume — such as olive oil, sesame oil, ghee, butter, walnut oil, almond oil, and similar oils. The use of this type is not unlawful anywhere on the body, except on the head and beard — where its use is unlawful without any disagreement [among the scholars]." And Allah, the Exalted, knows best.

Send Your Question

Zakaat Account

Articles

The General Iftaa` Department Condemns the Insulting Cartoons about the Holy Prophet Mohammad (PBUH)

Author : The General Iftaa' Department

Date Added : 25-10-2020

The General Iftaa` Department Condemns the Insulting Cartoons about the Holy Prophet Mohammad (PBUH)

Praise be to the Lord of all worlds. Prayers and peace be upon our Prophet, Mohammad, his family and his companions.

Allah the Almighty has sent His Prophets who are the best of His creatures, the most beloved to Him and the most honored in his sight as guidance and mercy to all of humanity. We, Muslims, make no distinction between any of Allah's Messengers (PBUT). The evidence on this is that Almighty Allah Says (What means): "The Apostle believeth in what hath been revealed to him from his Lord, as do the men of faith. Each one (of them) believeth in God, His angels, His books, and His apostles. "We make no distinction (they say) between one and another of His apostles." And they say: "We hear, and we obey: (We seek) Thy forgiveness, our Lord, and to Thee is the end of all journeys." [Al-Baqarah/285].

Those who have insulted the Prophet (PBUH) didn`t know him that well. This is because they weren`t acquainted with his blessed Sirah (Biography), which calls for tolerance, fraternity, knowing each other and harmony. Allah Says (What means): "O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honoured of you in the sight of God is (he who is) the most righteous of you. And God has full knowledge and is well acquainted (with all things)." [Al-Hujurat/13]. Had they reviewed his life and noble character, they would have realized that he is a good role model from all perspectives, and, thus would have respected this great Prophet (PBUH). How not! While Allah Said about him (What means): "And thou (standest) on an exalted standard of character." [Al-Qalam/4].

The General Iftaa` Department confirms that the continuation of such insulting acts proves genuine intention to incite hatred and sedition in the whole world. Thus, violence, terrorism and insults should be abstained from and stood up against with determination since they only lead to intensifying hatred amongst nations. It is the duty of every Muslim to defend the Prophet (PBUH) through embracing his moral, which was the Quran, shedding light on his luminous image and fighting back suspicious matters directed against his life and figure.

Allah's Way [always] prevails, but most people do not know.

Article Number [ Previous | Next ]

Read for Author

• Suicide is a Major Sin

• The General Iftaa` Department`s Statement: The Religion is Naseehah (Sincere Advice)

• A Statement on the Grave Sin and Crime of Mixing the Quran with Music

• Representing the People in the Parliament is a Responsibility, the Vote is a Trust, and Buying the Voter`s Will is Forbidden according to Islamic Law

• Clarification from Iftaa` Department

• A Statement on the Importance of Getting Fatwa from its Reliable Sources to Maintain Unity of the Muslim Ummah

• Statement on Fatwa and Credibility in its Dissemination

• The Obligation of Supporting Palestinians Defending Al-Aqsa Mosque and Sheikh Jarrah Neighborhood

• People Infected with COVID-19 are Prohibited to Mix with Others in order to Avoid Transmitting the Infection

• Statement on the so-Called "Deal of the Century"

>>> 1 2 <<<

Comments

Name

E. mail Address

Country

Comment Title

Comment

Enter the number shown on the image

Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.

Summarized Fatawaa

Is it permissible to appoint a proxy for the sacrificial offering outside Jordan?

In the name of Allah; all praise is due to Allah, and peace and blessings be upon the Messenger of Allah.

It is permissible to appoint a proxy—whether an individual or a charitable organization—to perform the sacrificial slaughter (Udhiyah) on one’s behalf, even if it is carried out in a country other than that of the donor. This is conditional upon the proxy’s adherence to the established requirements of the Udhiyah, including the animal’s age, its freedom from physical defects, the designated timing of the slaughter, and the proper distribution of the meat.

However, it is preferable for the one offering the sacrifice to perform the slaughter personally, in order to attain the full reward and blessings of the act. And Allah (Exalted be He) knows best.

Does buying meat equivalent to the weight of a slaughtered animal and distributing it avail for an udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.

That does not avail for the sacrifice (uḍḥiyyah), because the sacrifice necessarily requires slaughtering an animal from the category of anʿām (camels, cattle, and sheep/goats) within a specified time.

Rather, that is considered a form of charity (ṣadaqah) for which one is rewarded, but not an udhiyah. And Allah Almighty knows best.

If someone fasts on the White Days with the intention of making up for missed fasts (qada), will they receive the reward for both voluntary and obligatory fasting?

Making up missed obligatory fasts (qada) is mandatory, and the intention for qada must be specified.

If a person makes up their missed Ramadan fasts on the White Days, they must intend qada, but they may also intend to fast the White Days, and Allah willing, they will receive the reward for both.

This is similar to entering a mosque and praying an obligatory prayer, where the person also earns the reward of Tahiyyat al-Masjid (greeting the mosque) if they intend both.

● If the person missed their fasts due to a valid excuse, they may wait and fast on the White Days.

● However, if they missed the fasts without a valid excuse, they must make up the fasts immediately and should not delay them until the White Days.

Which is more excellent for a woman: to pray in the mosque or in her house?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

Our Master the Prophet ﷺ said: 'It is more excellent for a woman to pray in her house than in her courtyard, and more excellent for her to pray in her private chamber than in her house.' Therefore, a woman’s adherence to her home and her refraining from going to the mosques—in obedience to the command of Allah the Exalted—attains a great reward and abundant recompense. Furthermore, women praying in congregation within their homes is better than their attendance at the mosques, based on the aforementioned Hadith. And Allah the Exalted knows best.