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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." [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.

 

 

هذا المقال يعبر عن رأي كاتبه، ولا يعبر بالضرورة عن رأي دائرة الإفتاء العام

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Summarized Fatawaa

I`m a mother of three orphans. Is it permissible for me to spend on myself from their salary, such as buying a Jilbab*?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible to take a reasonable amount that is equal to your services to them. However, it is better that you don`t. The evidence on this is that Almighty Allah Says (What means): "Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is God in taking account." [An-Nisa`/6]. And Allah The Almighty Knows Best.
 
* A full-length outer garment, traditionally covering the head and hands, worn in public by some Muslim women.

My husband wanted to sell a piece of land that was his own, but his father insisted that he transfer the land in his (the father’s) name so that he could sell it at a higher price. Then, my husband and his father would split the price. After my father-in-law sold the land, he denied everything and refused to acknowledge my husband’s right. My father-in-law passed away a year ago, and my husband’s brothers divided the inheritance, refusing to acknowledge that this land was a trust held by their father for my husband until it was sold. Are they sinful for knowingly denying that the land belongs to my husband, and what is the ruling on praying against them?
 
 
 
 
 

All perfect praise be to Alalh, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
Among the rights of the deceased upon their heirs are: preparing them for burial at death, settling their debts, returning people’s rights to them, executing their will, and then dividing their estate. What was mentioned in the question falls under the rights of others, even if they are among the heirs, and the deceased is not absolved of it unless it is returned to its rightful owners. This is because Allah, Almighty, forbids consuming others' wealth/properties unjustly. However, do not give up on seeking a solution by involving righteous and well - respected individuals who may have influence over them, in the hope that Allah guides them to goodness and correctness. As for supplicating against them, the prayer of the oppressed is not rejected, even if the oppressed person is not a Muslim. And Allah knows best.
 
 
 
 
 

Is it permissible for a Muslim to slaughter an Aqeeqah on behalf of someone else, and offer it to him as a gift?

In principle, the guardian is the one who should offer the Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) because he is obliged to provide for the newborn, and it is impermissible for anyone else to slaughter it on his behalf unless with his consent. However, it is permissible for a person to offer the sheep, or its price as a gift to the guardian of the newborn, and then the latter can slaughter it, or deputies someone else to do that on his behalf.

When Iddah is Initiated for Deceased's Wife?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

Iddah is observed on the same date at which her husband passed away for four months, but as for the pregnant, it is observed at the date she gives birth. And Allah Knows Best. 

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