Articles

Underestimating People of Specialty
Author : Dr. Hassan Abu_Arqoub
Date Added : 10-05-2023

Underestimating People of Specialty

 

There is no doubt that every person can determine right from wrong in his/her field of specialty. Of course, this is based on a set of rules and foundations on which that specialty rests. He/she also have the competence to determine the experts and the non-experts of that field.

One stunning matter of this era is that some unspecialized and unqualified individuals judge people of specialty. This isn`t new since similar it also existed in past times. For example, some questioned the knowledge of Al-Ghazali and claimed that he wasn`t qualified as a jurist. When this news reached Imam Sayooti, he gave a full answer and it read as follows:

"The ignorant who said that Al-Ghazali wasn`t qualified to be a jurist deserves to be severely whipped and imprisoned for a long time to stop similar people from daring to criticize this great Imam of Islam. His saying as such about this eminent scholar emanates from extreme ignorance and lack of religiosity, so he is the most ignorant of the ignorant and the most evil of the evil sinners. During his time, Al-Ghazali was called Hujjat al-Islam (An honorific title meaning "authority on Islam" or "proof of Islam) and the Master of Jurists. He wrote valuable books on Fiqh and the Shafie Madhab rests on his works. Al-Ghazali revised and edited the Shafie Madhab where he removed irregular Fatwas and weak sayings and summarized it (Madhab) in the books: Al-Baseet, Al-Waseet, Al-Wajeez, and Al-Kholasah. Moreover, the books of the two Sheikhs are adopted from Al-Ghazali`s books.

Accordingly, the person who said the above about al-Ghazali was controlled by ignorance, stupidity and sin. It is safer to ignore what he said and leave his punishment in the Hands of Allah.

The above text indicates that transgression against the scholars existed in the past, still exists, will exist and isn`t something strange since Prophets and Messenger (PBUT) were subjected to worse that by the incompetent.

Al-Sayooti described such person as "Ignorant" and "Stupid", so he is considered as an evil sinner. Therefore, from an Islamic perspective such person has sinned and must make sincere repentance.

Al-Sayooti suggests a solution for such an audacity by disciplining this person and applying a discretionary punishment embodied in "Whipping" and "Imprisonment" to be an example for others and avoid transgressing against the scholars. This punishment is also meant to prevent the spread of such ill behavior amongst the members of society and prevent other ignorant individuals from undermining the people of knowledge and specialty. However, this disciplining and discretionary punishment is within the jurisdiction of the Muslim ruler or the authorities representing him. This clearly shows that it is the duty of government to defend the people of knowledge and specialty.

Finally, Al-Sayooti seized this opportunity to clarify the grace-virtue of Al-Ghazali and described him as "Hujjat al-Islam". Here, Al-Sayooti is teaching us to defend the people of grace-virtue and never accept undermining them in any form, and this is the duty of all the members of society.

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Summarized Fatawaa

Is fidyah required for someone who breaks their fast due to a valid excuse?

● If the excuse is permanent, such as a chronic illness with no hope of recovery or old age, then fidyah is required. This means feeding one needy person for each missed fasting day.
● However, if the excuse is temporary, such as menstruation, postnatal bleeding, or a temporary illness, then only making up the missed fasts (qada) is required, and fidyah does not apply.

What is the ruling on swallowing saliva while fasting?

It is permissible for a fasting person to swallow their saliva because avoiding it would cause undue hardship and excessive strictness in religion. Islam discourages such excessiveness since Allah the Almighty intends ease for His followers and does not intend to put them in hardship.

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

Can someone who begins a voluntary fast break it?

It is preferable for someone who begins an act of worship not to break it.
Allah the Exalted has said {what means}: "and let not your [good] deeds come to nought!" [Muhammad/33].
However, if a person starts a voluntary fast (nafl) and needs to break it, they are going against what is preferable, but there is no sin upon them.