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Contemporary Fatwas and Human Rights
Author : Dr. Hassan Abu_Arqoub
Date Added : 18-09-2022

Contemporary Fatwas and Human Rights

 

The Universal Declaration of Human Rights was created on 10 December 1948. This preamble states: "The inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the world."

The foundation upon which the Universal Declaration was built is that human dignity is shared by all people, no matter who they are or where they live. This exact meaning is reflected in the Message Islam came with and called people to. Here, Allah The Almighty Says (What means): "We have honoured the sons of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favours, above a great part of our creation." [Al-Israa`/70]. A person deserves to enjoy human dignity because he/she is a human being, regardless of any differences.

Sharia has established its rules upon this solid foundation of respecting a human being and honoring him/her. This was and still is the basis of the Jurists` Fatwas.

One example in the old Fiqh is that the Hanfi jurists ruled that it isn`t permissible to sell human hair and bone despite the fact that they are pure. The Illah (the effective or operative cause behind a law) is, as reflected in the texts of Sharia, a dignified human being.

If we take a close look at the contemporary, Fatwas delivered by the General Iftaa` Department, we will notice that they respect human rights and take them into consideration. This is reflected in the following examples:

The Department has issued Fatwas addressing several issues. One Fatwa prohibited discharging guns in celebration of different occasions. Another forbade taking a life under the pretext of honor and forbade suicide to preserve life.

A Fatwa prohibited chastising with fire, opposing torture because it violates human dignity. It also banned filming people injured or killed in accidents to stop violating their privacy and dignity. Moreover, a Fatwa was issued allowing a Muslim to work for organizations concerned with protecting the rights of the vulnerable and war prisoners to support such groups.

There is a Fatwa prohibits the surgical removal of the uteri of the mentally challenged girls since this constitutes an act of aggression against human body through unnecessary surgery and incision. 

The Department has also delivered several Fatwas forbidding the right hand possession to preserve and respect human dignity. For instance, it forbade taking Yazidi women as war prisoners. It also called for claiming rights through the proper legal channels to be granted the right to a fair trial.

The Department has also confirmed that the wife is financially independent, none has the right to take her money without her consent, and has the right to inherit and it is forbidden to deny her that right.

The Department permitted giving Zakah to the poor student to encourage learning as an inherent human right. As a right to participate in cultural life, the Fatwa of the Department confirmed the rights of intellectual property and creativity.

At the practical level, the Department has organized a discussion session on human rights within the Iftaa` Cultural Forum under the heading "Human Rights: Concepts and Roots" delivered by the Commissioner General for Human Rights Dr. Mousa Braizat. 

In collaboration with the Ministry of Environment, the Department established a training course for its staff entitled "Media and the Environment" to train them to spread environmental awareness because a sound environment is a human right. This is in addition to the training workshop entitled (How to Deal with Disabled Persons). Another training workshop entitled "Learning Sign Language" was established for the staff of the Department to facilitate dealing with the deaf and mute. This is in addition to many Fatwas and activities that go in line with human rights in Islamic and international law, which indicates that Department pays attention to human aspects and isn`t far from the legislation that guarantees human rights and preserves human dignity.

 

 

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the best charity to offer on behalf of the deceased? Is it giving food, reciting Quran, giving money or supplicating? What is the best charity to offer on behalf of dead father and dead husband? What is the best continuous charity to offer on behalf of the deceased?

Praise be to Allah the Lord of the Worlds. The deceased benefits from every righteous deed offered on his/her behalf, be that continuous charity, reciting Quran or a pious son praying for him/her. However, the best righteous deed is performing Haj and Omrah on their behalf especially if he/she hadn`t performed that ritual for it remains a debt on them. The evidence on this is that Ibn 'Abbas (Allah be pleased with them) reported: A man came to the Messenger of Allah (PBUH) and said: "Messenger of Allah, my mother has died (in a state) that she had to observe fasts of a month (of Ramadan). Should I complete (them) on her behalf? Thereupon he (the Holy Prophet) said: Would you not pay the debt if your mother had died (without paying it)? He said: Yes. He (the Holy Prophet) said: The debt of Allah deserves more that it should be paid."{Related by Muslim}. And Allah the Almighty knows best.

What is the ruling on training dogs that are of benefit?

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.
 
This is permissible because Allah The Almighty Says (What means): "They ask thee what is lawful to them (as food). Say: lawful unto you are (all) things good and pure: and what ye have taught your trained hunting animals (to catch) in the manner directed to you by Allah. eat what they catch for you, but pronounce the name of Allah over it: and fear Allah. for Allah is swift in taking account." [Al-Ma`idah/4]. However, it is prohibited to keep dogs for no benefit because Salim reported on the authority of his father that Allah's Apostle (PBUH) said: "He who kept a dog other than one meant for hunting or for watching the herd, lost two qirat of his reward every day." [Moslim]. And Allah The Almighty Knows Best.

Is it permissible to offer the Eid sacrifice in a non-Muslim country?

Eid sacrifice is permissible anywhere, and Islamic Sharia hasn`t determined that it should be in an Islamic country, but poor Muslims should be given a share in order for it to be valid since it is an act of worship. A portion of that Eid sacrifice should be given at least to one poor Muslim, and if that wasn`t possible then the one offering it should consume it along with his family.

I missed fasting 30 days of the obligatory fast within the last 6 years and 20 days. How do I fast? And what should I do? 

Missed fasting days must be made up, and it is permissible to make them up on non-consecutive days, as continuity is not required for making up missed fasts. Additionally, expiation (Fidya) must be given: feeding one needy person for each day if the makeup is delayed for one year. If the delay extends to two years, Fidya must be given to two needy people per day, and so on. And Allah Knows Best.