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Jerusalem in the Muslims Eyes
Author : His Grace Shiekh Abdulkareem Al-Khasawneh
Date Added : 06-12-2017

Jerusalem in the Muslims Eyes

 

 

An Article by His Grace Mufti Abdulkareem Al-Khasawneh

 

The relationship between Muslims and Al-Aqsa Mosque is religious since it is the place from where our Prophet (PBUH) embarked on his nocturnal journey (Israa wal Me’raaj), the Mosque of the Two Qiblas, the third holiest site in Islam, a blessed place where good deeds are multiplied, the reward of one Raka in Al-Aqsa Mosque equals the reward of five hundred Rakas and its environs are blessed since it is where Prophets (PBUT) settled and the angels descended. Allah, The Exalted, Said (What means): "whose precincts We did bless," [Al-Isra`/ 1]. Moreover, in Jerusalem and its environs, a group of the Muslim Ummah (Nation) will continue to prevail and they will never be harmed by those who forsake them, until the Hour begins.

 

This significant status of Al-Aqsa Mosque has settled in the hearts of  all Muslims, so it became an integral part of their creed since every morning and evening they recite the verse (What means): "Glory to (God) Who did take His servant for a Journey by night from the Sacred Mosque to the farthest Mosque" [Al-Isra`/1].

 

In these difficult times, which the Muslim Ummah is experiencing, Allah, The Almighty, admonishes His salves to obey Him and His Prophet (PBUH) in all that they say and do, and forbids disobeying Him or His Prophet (PBUH). Almighty Allah has also warned the Ummah against disputing among themselves because that weakens their position and makes them vulnerable. Therefore, He, The Almighty, Said (What means): "And obey God and His Apostle; and fall into no disputes, lest ye lose heart and your power depart; and be patient and persevering: For God is with those who patiently persevere:" [Al-Anfal/46].

 

When the Prophet (PBUH) immigrated from Makkah to Medina, leaving a land so dear to his heart, he aimed, first, to unite Muslims by building his mosque. Next, he established brotherly ties between the Muhajirin and the Ansar, so he managed to put affection in  their hearts instead of animosity and hatred. Allah, The Almighty, Said (What means): "And (moreover) He hath put affection between their hearts" [Al-Anfal/63]. Commenting on this verse, Al-Qortobi said: "Managing to put affection between the hearts of the Arabs is among the miracles and signs of the Prophet (PBUH)."

 

The Israeli atrocities against the Palestinians, and banning them from praying at Al-Aqsa Mosque are indicative of a greater good to come since Allah, The Almighty, Said (What means): "And who does greater evil than he who bars God's places of worship, so that His Name be not invoked in them, and strives to ruin them?; such men might never enter them, save in fear; for them in this world is degradation; and in the Hereafter a mighty chastisement." [Al-Baqarah/114]. This verse condemns such a heinous crime and shows that none does greater evil than he who bars God's places of worship, so that His Name be not invoked in them, and strives to ruin them.

 

When Israel exercises its atrocities in Jerusalem, it targets Muslims as well as Christians. Nonetheless, both will protect their sanctities by tooth and nail.

 

Al-Aqsa Mosque will remain a symbol of Islam regardless of the trials and the killings. It will remain alive in the hearts of all Muslims and liberating it will remain on top of their priorities no matter what the case may be. Actually, this is embodied in the moral and financial support provided by the Hashemite leadership, emanating from their custodianship to Al-Aqsa Mosque, the Dome of the Rock, and the other sanctities of Jerusalem. This wise leadership has made available all means of support to the Palestinians in order to remain steadfast in Jerusalem in addition to providing guards for the Mosque.

 

Clearly, His Majesty King Abdullah the 2nd has played a key role in bringing the Palestinian question to the forefront of the international arena. His prime concern is to unite the international views in favor of the Palestinian question in order to reach a comprehensive and just solution to this thorny issue.

 

We pray that Allah safeguards Al-Aqsa Mosque against all plots, and liberates it from the Jews. Amen to that.

 

 

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Summarized Fatawaa

A pregnant woman has iron deficiency. When she showers, she becomes very tired and feels cold. What is the ruling on tayammum in this situation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
One should not resort to tayammum (dry ablution) as a substitute for the obligatory ghusl (ritual bathing) so long as it remains possible to use water — for example, by heating the water, warming the place where the bathing takes place, or taking other similar precautions. However, if such measures prove ineffective, or are simply not possible to carry out, and performing ghusl [with cold water] would result in severe harm, then tayammum becomes permissible in that case, due to genuine inability to use water on account of the harm that would result, as described in the question. That said, she must make up (qaḍā') the prayers she performed using this tayammum.
It is stated in Bushrā al-Karīm: "One should not perform tayammum on account of cold unless warming the limbs fails to remove the aforementioned harm, and no means are available to heat the water — such as a vessel, firewood, or fire — and one fears [that using cold water would result in] any of the harms mentioned earlier in the discussion on illness: danger to life, loss of function in a limb, the onset or worsening of an illness, delayed recovery, or the [visible bodily] blemish mentioned in that discussion on illness. In such a case, tayammum becomes permissible due to the harm involved, but the prayer must still be made up afterward (qaḍā'). If, however, warming the body proves effective, or the means to heat the water are available, or none of the aforementioned harms are feared — then tayammum is not permissible, even if using the water causes some degree of discomfort or pain, since mere discomfort alone does not permit resorting to tayammum." And Allah, the Exalted, 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.

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted knows best."

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

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