Ramadan is the Month of Patience

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What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.

The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

If a father stops his daughter from getting married, is it permissible for her to conclude the marriage contract herself?

It is permissible for the father to stop his daughter from getting married if there was a lawful reason for that, and she isn`t allowed to conclude the marriage contract without her guardian. However, if her father denied her right in getting married for an unlawful reason, then she should go to court.

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

Is it permissible for the children of a deceased father to settle his debt from the Zakah (obligatory charity) money due on them?

It is impermissible to use the Zakah of one`s money for settling the debts of the deceased. However, children should settle the debts of their deceased parents out of filial piety. And Allah Knows Best.

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Articles

Ramadan is the Month of Patience

Author : Mufti Anas Khasasbeh

Date Added : 30-08-2023

Ramadan is the Month of Patience

It was narrated that Abu Hurairah said: "I heard the Messenger of Allah say: "The month of patience (Ramadan) and three days of each month is fasting for a lifetime." (Transmitted by Ahmad).

The Prophet, peace be upon him, described Ramadan as the month of patience because it encompasses various forms of patience:

Patience in obeying Allah, patience in abstaining from what Allah has prohibited, and patience in enduring the painful decrees of Allah. Fasting in this month involves patience in obeying Allah through acts of worship such as prayer, remembrance, recitation of the Quran, and other forms of obedience. It also entails patience in refraining from the prohibited desires. Additionally, there is patience in enduring the hardships of hunger, thirst, weakness of the self and body that the fasting person experiences during Ramadan. The fasting person is rewarded for such patience.

Since fasting is the crucible, workshop, origin, and source of patience, we can understand what is confirmed in the authentic Hadith collections and others when the Prophet, peace be upon him, said: "Every deed of the son of Adam is for him, except fasting, for it is for Me and I shall reward for it. He gives up his desires and his food for My sake... There are two occasions of joy for one who fasts: joy when he breaks his fast, and joy when he meets his Lord. The smell that comes from the mouth of a fasting person is better with Allah than the scent of musk." This narration emphasizes the reward of fasting because fasting embodies the essence of the worship of patience. Allah the Almighty has also mentioned the reward of the patient in the Quran where He says {What means}: "those who patiently persevere will truly receive a reward without measure!" (Az-Zumar, 10).

Indeed, fasting is exempt from the multiplication by a known measure that applies to other deeds. All deeds are multiplied by ten to seven hundred times their value, except for fasting. Its reward is not limited to this specific number; rather, Allah, the Almighty, multiplies its reward with numerous increments beyond enumeration.

Ibn Rajab, may Allah have mercy upon him, said: "One of the best forms of patience is fasting. This is because it encompasses patience in the three types: patience in obeying Allah, patience in refraining from disobeying Allah, as the servant abandons their desires for the sake of Allah, even though their soul might urge them towards those desires." [Jāmi' al-ʿUlūm wal-Ḥikam Vol. 2, Page 649].

It can be deduced from the profound wisdom of the act of fasting that this great religion came to instill in human beings the strength of will, sincere determination, steadfastness in adversity, and patience in the face of hardships. A person who can endure abstaining from the necessities of food and drink, which are essential for their survival and well-being, throughout the daylight hours of a whole month every year, is certainly capable of controlling their desires and curbing unnecessary cravings. This reflects their mastery over their own impulses and inclinations, which go beyond their basic needs.

Indeed, Ramadan becomes a catalyst for raising one's aspirations and elevating one's soul. How many are there who stand in devotion reciting the verses of Allah? How many are there who generously give from their wealth? How many are there whose tongues remain moist with the remembrance of Allah? And how many are there who spend hours assisting widows and orphans?

Let us approach this blessed month with sincere intention and strong determination, seizing the divine blessings within it. Just as Ramadan is like a rainfall, it requires a fertile ground to receive it. When the rain combines with good soil, good crops grow by the permission of Allah. May Allah make fasting easy for us and include us among those who fulfill this obligation in a manner that pleases Him. Praise be to Allah, the Lord of all 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 on shaving the head of the newborn?

It is desirable to shave the head of the newborn on the seventh day from delivery, and the weight of his/her hair is given in gold , or silver as charity.

Is fasting obligatory for a child?

Fasting is not obligatory for a child until they reach puberty. Puberty is determined by well-known signs, the most common of which are: nocturnal emission (for both males and females), menstruation (for females), or reaching the age of fifteen lunar years.

A guardian must instruct their children to fast once they reach the age of discernment, which is around seven years old, if they are capable of fasting.

When does the time for Udhiyah begin?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.

The permissible timeframe for Udhiyah (sacrificial offering) begins on the day of Eid al-Adha—the 10th of Dhul-Hijjah—once the sun has risen and a period of time sufficient to perform two brief prayer units (Rak'ahs) and two short sermons (Khutbahs) has passed. This window remains open until the sun sets on the final day of Tashreeq, which is the 13th of Dhul-Hijjah.

Our Master, the Messenger of Allah (peace and blessings be upon him), said: "Every valley of Mina is a place of sacrifice, and slaughtering may be done throughout all the days of Tashreeq." (Narrated by Al-Bayhaqi and Ibn Hibban)

The days of Tashreeq refer to the 11th, 12th, and 13th of Dhul-Hijjah.

The most virtuous time to perform the sacrifice is immediately after concluding the Eid prayer, based on the statement of the Prophet (peace and blessings be upon him): "The first thing we do on this day of ours is to pray, then we return and offer our sacrifice. Whoever does that has acted in accordance with our Sunnah (tradition), and whoever slaughters before that, it is merely meat he has provided for his family; it has nothing to do with the ritual sacrifice." (Reported by Al-Bukhari and Muslim)

What is meant here is an estimation of time rather than the actual performance of the prayer itself, as our Master, the Messenger of Allah (peace and blessings be upon him), used to offer the Eid al-Adha prayer immediately after sunrise.

The sacrifice is valid if performed at any time during these designated days, whether by day or by night, though slaughtering at night is considered disliked (Makruh). And Allah the Almighty Knows Best.