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Peace and Security during Hajj
Author : His Grace Shiekh Abdulkareem Al-Khasawneh
Date Added : 25-06-2023

Peace and Security during Hajj

 

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

 

Allah the Almighty says {What means}: "Remember Abraham said: "O my Lord! make this city one of peace and security: and preserve me and my sons from worshipping idols." {Ibrahim, 35}. He also says {What means}: "whoever enters it attains security;" {Al-Emran, 97}.

 

The greatest purpose for Hajj is safety and security, so this great blessing enables the believers to perform this ritual properly and in the best form possible. His saying {O my Lord! make this city one of peace and security} indicates that Prophet Ibrahim is showing us today that life can`t be stabilized save with peace and security and a person can`t perform acts of worship if they are missing. Therefore, the symbolism of Hajj reminds the Muslim nation every year that the duty of worshipping Allah can`t be performed without peace and security.

 

Accordingly, Allah gave Mecca this special status making it a place to which the hearts of the believers aspire and feel safe for their life and property. Allah the Almighty says {What means}: "Remember We made the House a place of assembly for men and a place of safety" {Al-Baqarah, 125}. Glorifying the House of Allah (Kabah) is tied with the peace and security that prevails in it and a pilgrim experiences this feeling during this journey of Hajj. It is as if he/she has entered into a fortified fortress protected by Allah, the provider of peace and security. Kabah is the source of peace and security and Allah has blessed the people of Mecca with this great blessing where He said {What means}: " Who provides them with food against hunger, and with security against fear (of danger)." {Quraish, 4}.

 

As we are experiencing the season of Hajj, we realize the greatness of time and place, the symbol of peace and security. A meaning that many Muslims have missed because of the heinous crimes committed by terrorist and extremist groups under the name of Islam although Islam is innocent of them. One group would terrorize civilians thinking that doing so will bring them closer to Allah while another would accuse Muslims of disbelief (Takfir) where a time would come when the murderer would not know why he has committed the murder, and the victim would not know why he has been killed. In these blessed days, we call upon Allah the Almighty to bless Muslims with permanent peace and security.

 

Delivering the sermon during the Farewell Pilgrimage on the day of Sacrifice at Mina, the Messenger of Allah (PBUH) said, "Verily your blood, your property and your honour are as sacred and inviolable as the sanctity of this day of yours, in this month of yours and in this town of yours. Verily! I have conveyed this message to you." {Transmitted by Muslim}. He (PBUH) also said: "Everything belonging to a Muslim is inviolable for a Muslim; his honour, his blood and property." {Transmitted by Muslim}.

By this invocation of Ibrahim (PBUH), Makka became a safe place and will continue as such, God willing, until Allah inherits this earth and whatever is on it. Al-Kortobi said: "Ibrahim invoked Allah for his offspring and others to be blessed with peace and security at a time when Makka was a barren place." {Tafsir Al-Quran Al-Atheem}.

 

Some commentators of Quran said: "Before the invocation of Ibrahim, Makka was a place where every unlawful matter was lawful, but after the invocation it became a sacred and inviolable place, and the same applies to Madinah before and after the arrival of the Prophet (PBUH). Allah says {what means}: " Do they not then see that We have made a sanctuary secure, and that men are being snatched away from all around them? Then, do they believe in that which is vain, and reject the Grace of God?" {Al-Ankaboot, 67}.

 

Allah also says {what means}: "For Hajj are the months well known. If anyone undertakes that duty therein, Let there be no obscenity, nor wickedness, nor wrangling in the Hajj. And whatever good ye do, (be sure) God knoweth it. And take a provision (With you) for the journey, but the best of provisions is right conduct. So fear Me, o ye that are wise." {Al-Baqarah, 197}.

 

This verse reflects meanings of great beauty and perfection as far as the etiquettes of Hajj are concerned, which helps establish the concept of peace and security during Hajj. These divine directives steer the pilgrim towards shunning the ephemeral worldly pleasures and seeking the pleasure of Allah alone. Thus, it doesn`t befit a pilgrim to dispute with others or use vile language because the manners of the one seeking to please Allah are elevated by reading this verse, following its orders and avoiding its prohibitions, before heading to perform this great ritual.

 

The implementation of the content of this verse is reflected in the tranquility and serenity that we observe during Hajj and hastening to please Allah through self-discipline and enjoying the great Islamic morals.

 

We ask Allah to preserve the blessing of safety and security in Makkah and all Muslim countries, and all praise be to Allah the Lord of the Worlds.

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Summarized Fatawaa

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.

What is the ruling of Islam on swearing by Allah without intending to take an actual oath?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone swears by Allah without intending to take an actual oath, and without the firm resolve to bind themselves to it, then there is no sin or expiation (Kaffarah) required of them. Allah the Exalted says {what means}: 'God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing.' [Al-Baqarah/225]. However, a Muslim should avoid swearing oaths excessively so that their tongue does not become accustomed to it. Allah the Exalted says {what means}: 'And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.
' [Al-Baqarah/224]. And Allah the Exalted knows best."

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.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

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