Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?
When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.
What is the ruling on someone who intends to travel to Jeddah for two days — must he enter iḥrām from his place of residence [i.e., before passing the mīqāt]?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey, it is unlawful for him to pass beyond his country's mīqāt (the designated boundary point for entering the state of iḥrām) without entering iḥrām. If he does so, he must return to the mīqāt to enter iḥrām from there, provided he has not yet begun performing the rites of the pilgrimage — in which case nothing further is required of him. However, if he does not return, he must offer a sacrifice (sheep/goat), to be distributed among the poor of the Ḥaram.
It is stated in at-Tanbīh fī al-Fiqh ash-Shāfi‘ī (p. 71): "Whoever, intending to perform the rites [of ‘Umrah or Ḥajj], passes beyond the mīqāt and enters iḥrām only after it, must offer a sacrifice. However, if he returns to the mīqāt before beginning any of the rites, the sacrifice is waived from him."
Accordingly: whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey must enter iḥrām at the mīqāt of his country through which he passes. Whoever fails to do so, passing beyond the mīqāt without entering iḥrām, and does not return, has sinned, and must repent to Allah, the Exalted; and he must offer a sacrifice, to be distributed among the poor of the Ḥaram. 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.
Is a person who forgot to make up missed fasts until the next Ramadan began required to pay expiatory compensation (Fidyah) alongside the makeup fast (Qada')?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Whoever forgets to make up missed fasts of Ramadan (Qada') until the following Ramadan begins incurs no sin, pursuant to the statement of the Messenger of Allah (peace and blessings be upon him): "Indeed, Allah has pardoned for my nation their mistakes, their forgetfulness, and that which they are coerced into doing." [Narrated by Ibn Majah, and Al-Bayhaqi in Al-Sunan Al-Kubra]
Furthermore, such an individual is not obligated to pay a expiatory compensation (Fidyah). It is stated in Bushra Al-Karim (p. 580)—one of the authoritative Shafi'i jurisprudential texts: "As for delaying it [the makeup fasts] due to a valid excuse—such as travel, breastfeeding, forgetfulness, or ignorance of the prohibition of delay (even for one living among scholars)—no Fidyah is required. This is because delaying performance during the actual month is permissible due to these excuses; hence, delaying makeup fasts is even more permissible, even if it continues for years."
And Allah Almighty knows best.
