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The Grand Mufti Commends the King`s Speech
Author : His Grace Shiekh Abdulkareem Al-Khasawneh
Date Added : 15-05-2023

The Grand Mufti Commends the King`s Speech

 

 

In the Name of Allah, the Most Gracious, the Most Merciful

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

It is an honor to commend the speech delivered by His Majesty King Abdullah before the UN General Assembly, warning against the danger and terrible effects of terrorism.

 

Today, the world is in a dire need for love, peace, mercy, justice, tolerance, equality, moderation and harmony. Allah the Almighty says {What means}: "but My mercy extendeth to all things." {Al-A`raf, 156}. These are the demands of His Majesty as an Arab Muslim leader from the Hashemite family and as a custodian of the Muslim as well as Christian holy sites.

 

I highly value the content of His Majesty`s speech and emphasize the following:

 

First: Terrorism and extremism can`t be addressed save through achieving justice and equality, ending injustice and transgression, holding the wrongdoers to account and helping the wronged.

 

Second: Acts of worship were legislated in Islam to acquaint a person with good morality and adherence to that regardless of circumstances. This is because these acts of worship should be reflected as good character that purifies one`s soul and disciplines one`s behavior with Allah and people so as not to stray from the right path. Allah says {What means}: "God commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that ye may receive admonition." {An-Nahil, 90}. Abu Hurairah (May Allah be pleased with him) reported: The Prophet (PBUH) said, "If one does not eschew lies and false conduct, Allah has no need that he should abstain from his food and his drink."[Al-Bukhari].

 

Third: By virtue of the Hashemite custodianship over Muslim and Christian sanctities, we emphasize the right of the Palestinian people in their land and national soil as well as their independent state with Jerusalem as its capital. We also emphasize respect for peaceful coexistence and humane and ethical treatment between peoples, and reject threats to which the holy sites are subjected.

 

Fourth: Verbal communication is of great importance as it leads to reaching levels of desired perfection. Moreover, communication by word and deed, at schools and universities and throughout every life aspects, wouldn`t be complete save with good word and eschewing indecency. Ibn Mas'ud (May Allah be pleased with him) reported: The Messenger of Allah (PBUH) said, "A true believer is not involved in taunting, or frequently cursing (others) or in indecency or abusing."[At-Tirmidhi]. Accordingly, upon communication, the good word is a charity.

 

Fifth: Hatred, rancor, extremism and terrorism are signs of ignorance and enmity towards Islam. Therefore, extremists will not rest until they do mischief, wreak havoc, kill, torture and burn.

Renouncing violence, extremism and Takfir (Accusing Muslims of disbelief) as well as purifying one`s-self from evil words and deeds is the essence of prayer and all acts of worship. A man asked the Prophet, “Which of the Muslims is best?” He replied, “He from whose tongue and hand the Muslims are safe.” {Bukhari}.

 

We pray that Allah bless our country with safety and security and spare it the scourge of trials and tribulations, be they revealed or concealed. And all perfect praise be to Allah the Lord of the worlds.

 

 

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Summarized Fatawaa

Should missed Sunnah prayer be made up?

Making up missed voluntary acts of worship is from Sunnah.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling on performing the standing (qiyām) and bowing (rukū‘) portions of the prayer normally, while performing the prostration (sujūd) seated due to knee pain?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If performing sujūd (prostration) in prayer causes the worshipper pain in the knees, then it is permissible for him to perform it through gesture (īmā') while seated, since Allah, Glorified and Exalted is He, has lifted hardship from His servants. On the authority of ‘Imrān ibn Ḥuṣayn (raḍiyallāhu ‘anh), he said: "I suffered from hemorrhoids, so I asked the Prophet ﷺ about [how to perform] the prayer, and he said: 'Pray standing; if you are unable, then sitting; and if you are unable, then on your side.'" [Ṣaḥīḥ al-Bukhārī]
If the valid excuse later subsides, the worshipper is then obligated to perform the prayer with all its pillars and conditions fully observed — including standing, rukū‘ (bowing), and sujūd (prostration). And Allah, the Exalted, knows best.

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.