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People Infected with COVID-19 are Prohibited to Mix with Others in order to Avoid Transmitting the Infection
Author : The General Iftaa' Department
Date Added : 04-11-2020

People Infected with Coronavirus are Prohibited to Mix with Others in order to Avoid Transmitting the Infection 

 

The people infected with an infectious disease such as COVID-19  or might be aren't permitted to mix with sound people, in order to avoid transmitting it to the latter; because this will cause damage; particularly, to the people in the first place , country's health, economic and security in addition to causing failure to both private and public sectors.

 

In this regard, the Prophet (PBUH) ordered us to be in quarantine in case plague breaks out which is considered an infectious disease, since he said (What means):" If you hear that it (plague) has broken out in a land, do not go to it; but if it breaks out in a land where you are present, do not go out escaping from it." Besides, according to scholars, the forbid in the above narration is of the same level of prohibition .i.e. the prohibition of going out a country in if the plague breaks out in it and the prohibition of fleeing away from a country in which the plague has broken out in it.

 

Moreover, Every infectious disease such as COVID-19 is measured and should has the same procedures of plague, so the infected person isn't permitted to mix with sound people because such an act will definitely cause them harm; in addition, the Prophet (PBUH) said (What means):" There should be neither harming nor reciprocating harm.". 

Further, the infected one is not permitted to pray at the Mosque and to avoid gatherings at all and considered sinful if he did otherwise. As the smell of onion and garlic exempts a person from performing congregational prayers in the Mosque, then what will be the case with infectious disease that might cause either death or harm!

 

Therefore, the infected person has to abide by the quarantine as well as to follow the procedures and instructions issued by specialists, and whosoever isn't committed to the latter procedures is considered sinful according to the ruling of Sharia and his act is of striving with might and main for mischief through the land, for Allah, The Exalted said (What means):" and those strive with might and main for mischief through the land." 

 

Furthermore, whoever violates the above procedures and instructions deserves punishment in this life and in the Hereafter, because he violated what been enjoined by Allah and His Messenger and accordingly, the ruler who ordered the infected person not to mix with others for the good of all people; yet, the latter should act in accordance to the benefit of people as stipulated by jurists and the punishment of the aforementioned violation is determined by him based on the quantity of damage inflicted upon others by the infected person.

 

Besides, whosoever avoid the quarantine and mixes with others although being infected with infectious disease and causes death to others, is considered murderer and he is obliged to pay Diya and fast for two consecutive months. In addition, the compensation (the Diya and fasting) are due on him for each death that took place due to his violation, for Allah, The Exalted said (What means):" Never should a believer kill a believer; but (If it so happens) by mistake, (Compensation is due): If one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased’s family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (Is enough). If he belonged to a people with whom ye have treaty of Mutual alliance, compensation should be paid to his family, and a believing slave be freed).

 

Finally, the person infected with COVID-19 and the one who might be should take all proper procedures to preserve their health .i.e. being in quarantine to avoid transmitting the infection and whoever violates that is considered sinful and is to be punished in this life and in the Hereafter; furthermore, if he didn't get his punishment in this life then he won't be able to do so in the Hereafter save if he repent to Allah.

 

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the 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.

Is "Bismillāhir-Raḥmānir-Raḥīm" a verse (āyah) of Sūrat al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The basmalah ("Bismillāhir-Raḥmānir-Raḥīm") is, without question, a verse (āyah) of the Noble Qur'an, and according to the Shāfi‘ī school, it constitutes a verse of Sūrat al-Fātiḥah itself. Al-Fātiḥah is a pillar of the prayer, and it consists of seven verses, of which the basmalah is one. The prayer is not valid without reciting it, nor if any of the Fātiḥah's verses, letters, or shaddahs (consonant doublings) are omitted or altered.
It is stated in Bushrā al-Karīm (Vol.1/p.202), from the books of the Shāfi‘ī school: "The basmalah is a complete verse of it [i.e., of al-Fātiḥah] in practice — and it suffices, for this to be established, that there be strong probability (ẓann), especially given that this has come very close to certainty (yaqīn), due to the consensus (ijmā‘) of the Companions on its inclusion in the muṣ-ḥaf [the written text of the Qur'an] in its script, despite their extreme diligence in excluding from it anything that did not genuinely belong to it — to the point that they even [carefully regulated] its diacritical dots and vowel markings." And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on colleagues alternating overtime shifts and receiving wages for absent days?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
An employee is religiously obligated to abide by the instructions and regulations pertaining to overtime hours. Furthermore, it is mandatory to adhere to honesty and avoid deceit, circumvention, and falsehood. Allah Almighty says (what means): "O you who have believed, be conscious of Allah and be with those who are truthful."
(At-Tawbah/119).
 
Therefore, whoever is assigned to work overtime must remain present at the designated workplace, even if no active tasks are required of them during that time.
 
Likewise, the official authorized to approve overtime work must comply with all established conditions and regulatory guidelines. It is impermissible for them to grant overtime hours in violation of system regulations. Should any compensation be disbursed in contravention of these official rules, it is unlawful to accept or consume such wages. And Allah Almighty knows best.