عربي
Home


Articles

Articles

The Preservation and Protection of Life (Nafs) is among the Higher Objectives of Islamic Law
Author : Dr. Mohammad Al-Hunaiti
Date Added : 05-01-2022

 

The Preservation and Protection of Life (Nafs) is among the Higher Objectives of Islamic Law

 

Praise be to Allah Who honored man and appointed him vicegerent on the earth to make it a better place. Allah The Almighty Says (What means): "Behold, thy Lord said to the angels: "I will create a vicegerent on earth." They said: "Wilt Thou place therein one who will make mischief therein and shed blood? - whilst we do celebrate Thy praises and glorify Thy holy (name)?" He Said: "I know what ye know not." [Al-Baqarah/30].

Praise be to Allah Who sent the Messengers and revealed with them scriptures so that mankind may uphold justice. Allah wouldn`t leave people live like animals where the strong preys on the weak and deny him/her the right to live. To solve this dilemma, Allah has set up limits and granted rights to make sure that nobody would transgress against others and that conflict of interests amongst people would happen.

However, some people, and this does exist in all times and places, don`t seek the path of Allah and go astray surrendering to whims and desires and sell their souls to the devil. This chaotic situation causes the strong to overpower the weak, the rich to overpower the poor, and the ruler to overpower the ruled leading to the spread of crimes and the shedding of blood.

For that, Sharia, through its clear rulings, preserved life and made this a necessity. Allah The Almighty Says (What means): "On that account: We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our apostles with clear signs, yet, even after that, many of them continued to commit excesses in the land." [Al-Ma`idah/32]. In addition, on the authority of Ibn Masood (may Allah be pleased with him) who said:

The Messenger of Allah (peace and blessings of Allah be upon him) said: "It is not permissible to spill the blood of a Muslim except in three [instances]: the married person who commits adultery, a life for a life, and the one who forsakes his religion and separates from the community." [Moslim]. Abu Hurairah (May Allah be pleased with him) reported: Messenger of Allah (Blessings and peace be upon him) said: "Everything belonging to a Muslim is inviolable for a Muslim; his honour, his blood and property. Piety is here (and he pointed out to his chest thrice). It is enough for a Muslim to commit evil by despising his Muslim brother." [Moslim].

Based on these texts, Islam forbids taking life and considers this a major sin that has serious repercussions on the individual and the society considering the panic and fear it causes. Thus, it can`t be imagined that a Muslim would kill another Muslim save by mistake. Allah Says (What means): "Never should a believer kill a believer; but (If it so happens) by mistake." [An-Nisa`/92].

In explaining this verse, the great scholar Al-Alousi said: "Because belief discourages killing." [Tafseer Al-Alousi, vol.4/pp.178]. Commenting on this verse, Al-Qortobi said: "It means that a believer should never kill a believer, but if this happens it is by mistake." [Tafseer Al-Qortobi/vol.5/272]. 

As for the one who kills deliberately, Allah has threatened to inflict the severest punishment on them. Allah Says (What means): "If a man kills a believer intentionally, his recompense is Hell, to abide therein (For ever): "And the wrath and the curse of God are upon him, and a dreadful penalty is prepared for him." [An-Nisa`/93]. Abu Darda` reported God’s Messenger as saying: "God may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer." [Abu Dawood].

Due to the gravity of this crime, Allah holds the son of Adam, Cain, liable for every time someone is killed unjustly as he was the first to introduce this evil practice. The Messenger (Blessings and peace be upon him) said: "Cain is accountable for every life taken unjustly for he is the one who introduced this evil practice." [Musnad Ahmad, Hadith No.3450]. Unfortunately, this phenomenon has spread throughout our society and even within the family itself.

It is worth noting that this crime is committed for trivial reasons and unrightfully; for money, revenge or honor. Therefore, officials, government and nongovernment bodies must curb this serious phenomenon, deter the offenders, and execute the punishments stipulated by Sharia in this regard to make them an example to others.

Furthermore, there are punishments in Sharia that suffice to deter offenders and murderers; so severe that they would never even think about committing a crime. Allah the Almighty says: "In the Law of Equality there is (saving of) Life to you, o ye men of understanding; that ye may restrain yourselves." [Al-Baqarah/179]. Moreover, Narrated Anas (May Allah Be Pleased with him): A girl was found with her head crushed between two stones. She was asked: Who has done this to you? Is it so and so? Is it so and so, until a Jew was named, and she gave a sign with her head. The Jew was caught and he admitted. So the Prophet (Blessings and peace be upon him) gave command that his head should be crushed with stones." [Abu Dawood].

Qisas (The Law of Equality) should be the punishment for whoever commits this heinous crime (murder) for restoring safety and security to our society.

In addition, it is also the duty of the scholars and the intellectuals to help curb this phenomenon. Therefore, religious media should intensify its role in terms of explaining this major sin and the punishment stipulated in Sharia for it.

Finally, the spread of this dangerous phenomena indicates killer`s weakness of belief, even total absence of belief, at the time of committing crime. Narrated Abu Huraira (May Allah Be Pleased with him): The Prophet (Blessings and peace be upon him) said: "The one who commits an illegal sexual intercourse is not a believer at the time of committing illegal sexual intercourse and a thief is not a believer at the time of committing theft and a drinker of alcoholic drink is not a believer at the time of drinking. Yet, (the gate of) repentance is open thereafter." [Al-Bukhari].

All praise is due to Allah, The Lord of the Worlds, and may His blessings and peace be upon our Prophet Mohammad, his household and upon and Companions.

The published article reflects the opinion of its author

Article Number [ Previous | Next ]

Read for Author




Comments


Captcha


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

What is the ruling on discharges two or three days before the expected period of menstruation and the light-colored blood accompanying it? Must the woman abstain from prayer during this period?

If the total duration of these blood-tinged discharges reaches a day and a night (24 hours) or more, it is considered menstruation. If their total does not exceed 24 hours, it is not considered menstruation but is irregular bleeding (dam al-fasad). Each woman has specific cases for which she should ask the scholars. And Allah the Almighty knows best.

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

What is the ruling of Islamic Law on participating in the prize draws (raffles) that commercial stores hold for their customers?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
There is no objection to participating in the prize draws (raffles) that commercial stores hold for their customers, provided that the buyer's intention in purchasing is not merely to enter the competition without any need for what is bought — rather, the purchase must be genuinely intended for the item itself, and one must not pay more than the item's fair market price. This is because paying an amount above the market price would effectively be paying a fee to enter the prize draw, which would render it a form of gambling (qimār).
These prizes are, in essence, gifts that businesses offer through a random drawing (qur'ah) to those who purchase from them, as a means of encouraging sales, without the customer bearing any additional monetary cost for participation. So long as the aforementioned conditions are met, there is no objection to benefiting from the prize offered by the store, as it is considered a lawful prize from the viewpoint of Islamic Law.
It is stated in the resolutions of the "Jordanian Iftaa' Board" (Resolution No. 47), in the context of outlining the conditions for permissible prizes: "The price of the ticket [or item purchased] for the sake of the prize must not exceed its original price, so that there is no payment of money in exchange for participation in the draw." And Allah, the Most High, knows best.

See More