Articles

Generalizing Judgments
Author : Dr. Hassan Abu_Arqoub
Date Added : 27-12-2022

Generalizing Judgments is one of the Leading Causes of Conflict

 

One of the biggest mistakes a man could fall into is generalizing judgments, and doing so is a signal of inaccuracy as far as judging things and people is concerned. Although generalizing is the first thing that crosses human mind, the wise person overcomes this dilemma by giving it further thought and arriving at a more precise result.

If a person bought some fruits and vegetables and after going home, he realized that they were of poor quality, he will immediately judge all greengrocers as cheaters. This reflects a high degree of injustice to other greengrocers. Here, the bad news is that this is what we do all the time. For example, when a woman discovers that her husband has been cheating on her, she would accuse all men of treachery and vice-versa. This leads to living in a sea of unfair generalizations, which aren`t accepted by reason and logic and, at the same time, are contrary to reality.

The question that arises here is how to handle such generalized judgments?

As a listener, one shouldn`t accept generalized judgments nor take them for granted. When your child tells you that all the other children go picnicking with their parents on Fridays, there is no doubt that this is inaccurate since many parents work on that day, some prefer to rest and relax while others conduct family visits and the like.

As a speaker, one should make sure not to generalize judgments. Thus, one should say: a greengrocer had cheated me, some husbands cheat on their wives and vice versa, some children go picnicking with their parents on Friday, and the like. This way is acceptable and accurate.

When something is said: "it may seem simple, but extremely difficult to apply." If we give it more thought, we would realize that generalizing judgments ruins many relationships and undermines the security of the country and the people. For example, a member of a certain clan kills someone from another clan, then the family of the killed attack the family of the killer and set their properties on fire. The key question that arises here is that what is the fault of the killer`s family? One individual committed the crime but all his family members were harmed as a result. Why does such thing happen? It is because the judgment has been generalized and every member of the killer`s family was considered a killer. This is the practice of the people of Jahhiliyyah (Pre-Islamic times of ignorance) for they used to kill many for one. As a result, Allah Prescribed Qisas (Retaliation in kind); "Eye for an eye", or "Retributive justice.") where the killer alone is punished."

The same goes in case a non-Arab killed an Arab. A judgment is generalized whereby it will be said that non-Arabs are plotting to kill us so it is allowed to kill them in self-defense. The same goes when a non-Muslim kills a Muslim. It will be said that non-Muslims are killing Muslims so Muslims must kill them first. All of this is due to generalization, which makes a person feel that his/her identity is at risk and then becomes driven to wage a sacred war to defend that identity although the root of the problem has nothing to do with the issue of identity in the first place. It is simply a fight between two individuals each of whom belongs to a certain religion or denomination.

This is where the role of the wise people come into play. They address the problem according to its actual size and keep it under control. In fact, Islam teaches us to deal with issues in this manner since Allah Says (What means): "No bearer of burdens can bear the burden of another." [Az-Zumar/7], as well as, The Almighty Said (What means): "That man can have nothing but what he strives for;" [An-Najim/39], and He, The Most Exalted, Said (What means): "(Yet) is each individual in pledge for his deeds." [At-Tur/21]. As reflected in these texts, each person must be held accountable for his/her own deeds.

As Muslims, we experience the injustice resulting from generalizing judgments on steady basis since whenever a terrorist attack takes place in the west, western countries adopt tough positions towards Islam and Muslims. In a survey conducted by Prof. Mohammad Abu An-Nimer, it was found out that five thousand sources of the Library of Congress connect violence to Islam. 

As Muslims, we must portray the magnanimous image of Islam and never assume that the true beautiful image of Islam is self-evident. This is in addition to avoiding falling into the trap of generalizing judgments since the others aren`t essentially the same.

 

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Summarized Fatawaa

What is the ruling on brown discharge before the menstrual period? Is it considered part of menstruation (Hayd)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Dusky discharge (Kudrah), reddish discharge (Humrah), and yellowish discharge (Sufrah) are all considered menstruation (Hayd) if they occur during the time of the menstrual cycle. If their duration exceeds a day and a night, and the period persists from the first sight of the discharge until the cessation of the menstrual blood—provided the total duration does not exceed fifteen days—then all of it is menstruation. However, if the duration exceeds fifteen days, then the discharge is not considered menstruation, but rather chronic irregular bleeding (Istihadah). 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.

Does post-natal bleeding (Nifas) stop before forty days after childbirth?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Yes, post-natal bleeding (Nifas) can cease before the completion of forty days. If the bleeding stops completely and its return is not expected, the woman has attained ritual purity (Taharah), even if forty days have not yet passed. And Allah the Exalted knows best.

A man led the people in prayer as imam, and at the end of the prayer he performed a prostration of forgetfulness (*sujūd al-sahw*) because he had omitted a short *sūrah* after al-Fātiḥah. What is the ruling on his prayer and that of those praying behind him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
According to the Shāfiʿī school, it is sunnah to recite a sūrah after al-Fātiḥah in the prayer. One who omits it has a valid prayer, and no prostration of forgetfulness (sujūd al-sahw) is prescribed for omitting it. If someone performs sujūd al-sahw for its omission while knowing the ruling and remembering it, his prayer is invalidated. But one who is ignorant of the ruling, or who did so out of forgetfulness, his prayer is not invalidated, because this is among the matters that are obscure to people, and ignorance of it is not restricted to those who recently entered Islam.
Shaykh al-Islām al-Shams al-Ramlī said in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Vol.2/p.70): “The remaining sunnahs are not compensated for by prostration, such as the remembrances (adhkār) of bowing and prostration, that is, the opening supplication (duʿāʾ al-iftitāḥ) and the sūrah, in accordance with the base rule, because they are not of the same nature as what has been reported [as compensable]. If one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to ignorance. As for the objection raised that the ignorant person does not know that sujūd al-sahw is prescribed, and whoever knows it knows its place, this is refuted by denying such a necessary connection, for the ignorant person may hear only that sujūd al-sahw is prescribed before the salām, and so assume that it applies to every sunnah and is not restricted to its prescribed place.”
This is among the matters that are obscure, in which the mukallaf is excused for ignorance, as stated by al-Shabrāmallisī in his Ḥāshiyah ʿalā Nihāyat al-Muḥtāj (Vol.2/p.70).
However, if the imam prostrates, and the follower (maʾmūm) presumes that his imam’s prostration is for a reason for which one does not prostrate, it is not permissible to follow him in it, so long as the follower knows the ruling.
Accordingly, the prayer of one who did not recite a sūrah after al-Fātiḥah is valid, and sujūd al-sahw is not prescribed for it. Whoever prostrates out of ignorance or forgetfulness, his prayer is valid, because this is among the issues hidden from the general public. But whoever prostrates while knowing the ruling and remembering it, his prayer is invalidated. And Allah Almighty knows best.