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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

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

What is the ruling on wiping over socks?

It is not permissible to wipe over most common socks today because the conditions for wiping are not met. The concession was reported for wiping over leather socks (khuff) and socks (jowrab) with conditions: They must be thick, not allowing poured water to penetrate, enable one to walk in them, be worn while in a state of purity (from ablution), cover the entire foot up to the ankles (meaning covering the protruding ankle bones), and not be torn. And Allah the Almighty knows best.

Who should pay the Zakah (obligatory charity) from the orphan`s money?

His/her guardian, and if the latter fails to do so, then the orphan himself/herself is obliged to pay the Zakah once he/she reaches puberty, and is capable of handling his/her own affairs. And Allah Knows Best.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

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