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

There are olive trees within the precincts of the mosque, and my father covers the costs of electricity, water, and other needs of the mosque. Is it permissible for him to take the olive harvest?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
If trees and fruit-bearing crops are planted in a mosque for the mosque itself, they may only be spent on the mosque’s interests. If they were planted for the public way (musabbalah), that is, for the general public, then any Muslim who enters the mosque may eat from them. If the planter’s intention is unknown, they are treated like those dedicated for public use, wherever custom has so run.
It is stated in Tuḥfat al-Muḥtāj (Vol.6/p.295): “The fruit of a tree planted for the mosque within it is not freely permitted without compensation. Rather, the imam spends its equivalent value on the mosque’s interests. The tree left its planter’s ownership here without any verbal declaration because of the evident indication. The case of planting it for the mosque excludes planting it as musabbalah, in which case eating from it without compensation is permissible, and likewise if his intention is unknown, where custom has so run. The tree may be uprooted from the mosque if the imam sees fit. Indeed, if he makes the plot a mosque while a tree stands in it, the imam may uproot it, even if the endower included it within the endowment (waqf).”
The father is a donor (mutabarriʿ), so he is not entitled to take anything in return for his donation to the mosque.
The Ministry of Awqāf is the body that supervises the affairs of endowments, so it must be consulted and the Sharīʿah and administrative instructions regulating such matters must be considered. And Allah Almighty knows best.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

What is the ruling on swallowing phlegm while fasting?

If a fasting person intentionally swallows phlegm, their fast is invalid, as it is possible to avoid it.
However, if they swallow it unintentionally, their fast remains valid.
Phlegm is impure and should be avoided.

What is the ruling on swearing a false oath by the Holy Quran?

Swearing a false oath by the Holy Quran dips the oath-taker in Hellfire, and one who had done so should turn to Allah in repentance, seek His forgiveness, give back rights to whom they belong, and pay the oath expiation.