Articles

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 on the use of an inhaler by a *muḥrim* (a person in the state of *iḥrām*)? [An inhaler is a medicinal device used for inhalation, containing various herbal ingredients.]؟

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible for the muḥrim (a person in the state of iḥrām) to use incense (bakhūr), sprays, and inhalers that contain aromatic substances for the purpose of treatment, because the intention is medical treatment, not the use of perfume (taṭayyub). No expiation (fidyah) is required of him for doing so.
It is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.2/p.455): “That which is intended for eating or for medical treatment, even if it has a pleasant scent, such as apples, spikenard (sunbul), and the various fragrant spices such as mastic (muṣṭakā), is not forbidden, and no fidyah is due for it, because what is intended for eating or treatment carries no fidyah.”. And Allah Almighty knows best.

"If the fidyah becomes obligatory upon a pregnant or nursing woman because she broke her fast out of fear for her child, is it obligatory from her own wealth, or from her husband's wealth?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The fidyah (ransom/compensation payment for breaking the fast) is obligatory from the wife's own wealth, and is not obligatory upon the husband unless he voluntarily chooses to pay it on her behalf.
It is stated in Mughnī al-Muḥtāj (Vol.2/P.174): "If the two [the pregnant woman and the nursing mother] fear for the child alone — such as a pregnant woman fearing miscarriage, or a nursing mother fearing that her milk supply would decrease, thereby endangering the child — then both the qaḍā' (making up the missed fast) and the fidyah become obligatory upon them, to be paid from their own wealth." 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.

What is the ruling on reciting the takbīr from Sūrat aḍ-Ḍuḥā to Sūrat an-Nās upon completing the recitation of the Qur'an (khatm)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is recommended to recite the takbīr from the beginning of Sūrat aḍ-Ḍuḥā through to the end of Sūrat an-Nās, and this is the recitation practice of the people of Makkah.
It is stated in Nihāyat az-Zayn (p. 65): "It is sunnah to begin each sūrah with the basmalah, since it constitutes a verse of it. It is also sunnah to say, before each sūrah — from aḍ-Ḍuḥā to the end of the Qur'an — 'Lā ilāha illallāh, wallāhu akbar' (There is no god but Allah, and Allah is the Greatest), based on what has been narrated regarding Imam ash-Shāfi‘ī (raḍiyallāhu ‘anh), who heard a man reciting this takbīr in prayer, and said to him: 'You have done well, and you have hit upon the sunnah.'"
And Allah, the Exalted, knows best.