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 are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.

If a traveler settles or a sick person recovers while fasting, is it permissible for them to break their fast?

● If a sick person starts the day fasting and then recovers during the day, they must complete their fast.
● If a traveler starts the day fasting and then settles (returns or stops traveling) during the day, they must also complete their fast.
● It is forbidden for both of them to break their fast because the concession (rukhsah) is no longer valid once its reason disappears.

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.

Is it permissible for a woman to ride a taxi without a Mahram (unmarriageable kin) in order to attend a gathering of knowledge?

It is permissible for the woman to pursue the knowledge that she needs in order to perform the religious requirements due on her if there was nobody to teach her at home, provided that there is no temptation involved. Moreover, we don`t recommend that she rides a taxi without a Mahram although such an act isn`t from the forbidden Khulwah (seclusion).