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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

Is it a condition that a woman should untie her locks while making Ghusl (ritual bath)?

Ghusl from Janabah (ritual impurity), or menstruation obligates that water reaches the roots of the hair in order for the Ghusl to be valid, but if it doesn`t, then hair locks must be untied for water to reach them, and for Ghusl to become valid.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What are the categories of the livestock permissible for Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
An Udhiyah (sacrificial offering) is only valid if it is selected from Al-An'am (livestock), which includes: camels, cattle, and sheep or goats—whether male or female, and even if castrated. Allah Almighty says {what means}: "And for all religion We have appointed a rite [of sacrifice] that they may mention the name of Allah over what He has provided for them of [sacrificial] livestock." (Al-Hajj/ 34)
 
In terms of preference, camels are considered the best choice, followed by cattle, then sheep, and finally goats.
A single sheep or goat is valid as a sacrifice on behalf of one person. However, a single camel or cow can be shared by up to seven people. This is based on the narration of Jabir (may Allah be pleased with him), who said: "In the year of Al-Hudaybiyah, we sacrificed along with the Messenger of Allah (peace and blessings be upon him) a camel on behalf of seven people, and a cow on behalf of seven people." (Narrated by Muslim)
 
(Note: The term "Badanah" used in the original Arabic text specifically refers to a camel in this context). And Allah the Almighty Knows Best.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

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