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Statement on Udhiyah as one of the Central Rituals on Eid al-Adha
Author : The General Iftaa` Department
Date Added : 04-07-2023

Statement on Udhiyah as one of the Central Rituals on Eid al-Adha

 

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.

 

The ritual of Udhiyah (Sacrificial animal offered during Eid al-Adha) is one of the great rituals of Allah, which includes the meaning of offering sacrifice for His sake, and promoting the values of social solidarity and cooperation between people through preserving human life, feeding the poor and needy, and spreading love among the people. Almighty Allah says {What means}: " It is not their meat nor their blood, that reaches God: it is your piety that reaches Him: He has thus made them subject to you, that ye may glorify God for His Guidance to you and proclaim the good news to all who do right." {Al-Haj, 37}. He also says {What means}:  "then eat ye thereof and feed the distressed ones in want." {al-Haj, 28}. 

 

Islam is the religion of mercy and kindness, which Allah the Almighty and His Noble Prophet have enjoined as far as dealing with all elements of life is concerned. Shaddad bin Aus (RAA) narrated that the Messenger of Allah (PBUH) said: "Verily, Allah has prescribed proficiency in all things. Thus, if you kill, kill in the least painful manner you can; and when you slaughter an animal, do it in the best possible way; and any of you should sharpen his blade so that the animal may be spared from the suffering of the slaughtering." {Transmitted by Muslim}. Therefore, the Muslim's view of the elements of the environment is not aggressive or vengeful. Rather, it rests on sustaining, reforming and preserving these elements, and this is one of the principles of Islamic law. Allah says {What means}: "Do no mischief on the earth, after it hath been set in order, but call on Him with fear and longing (in your hearts): for the Mercy of God is (always) near to those who do good." {Al-A`raf, 56}. It is not permissible for someone who does not understand the high meanings of Udhiyah to be led by deceptive emotions and illusionary mood to stir up sedition in society by criticizing one of the rituals of Allah for a suspicion that has come to his mind. This is in order not be amongst those addressed in the following verse: "But say not - for any false thing that your tongues may put forth,- "This is lawful, and this is forbidden," so as to ascribe false things to God. For those who ascribe false things to God, will never prosper." {An-Nahil, 116}. Verily, Allah, the Most High, Who has ordained sacrifice, is the Most Merciful and the Most Compassionate. No one is more merciful to His creation than He is. He is the Most Wise and the Most Knowing. Therefore, it is not permissible for anyone to transgress His rulings or to delve into them without knowledge. Allah says {What means}: " Yet there is among men such a one as disputes about God, without Knowledge, without Guidance, and without a Book of Enlightenment,-" {Al-Haj, 8}.

 

We also emphasize the fact that some people slaughtering these sacrificial animals without kindness and mercy is contrary to the guidance of the Prophet (PBUH) and his Sunnah and the rules of one of the greatest rites of Allah the Almighty. Allah says {What means}: "Such (is his state): and whoever holds in honour the symbols of God, (in the sacrifice of animals), such (honour) should come truly from piety of heart." {Al-Haj, 32}.

 

We ask Allah to protect our country from the evils of sedition, concealed and revealed. "But God tells (you) the Truth, and He shows the (right) Way." {Al-Ahzab, 4}. And all perfect praise be to Allah the Lord of the Worlds.

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Summarized Fatawaa

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling on the follower (*maʾmūm*) reciting Sūrat al-Fātiḥah behind the imam?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
In our school of Islamic thought, the Shāfiʿī school, reciting al-Fātiḥah is obligatory in every rakʿah of the prayer for the imam, the follower (maʾmūm), and the one praying individually (munfarid), because it is one of the pillars (arkān) of the prayer. Whoever does not perform it, his prayer is invalid, whether the prayer is silent (sirriyyah) or audible (jahriyyah), based on the saying of the Prophet (peace and blessings be upon him): “The prayer of the one who does not recite the Opening of the Book (Fātiḥat al-Kitāb) is invalid.” Agreed upon.
It is stated in ʿUmdat al-Sālik, one of the books of the Shāfiʿī school: “He recites al-Fātiḥah in every rakʿah, whether he is the imam, the follower, or the individual worshipper.”
The jurists of the other schools hold a different opinion, which was previously explained in Fatwa no. (3169); please refer to it. And Allah Almighty 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.

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