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Positive Human Participation
Author : Dr. Fadi Rabab`ah
Date Added : 16-01-2024

Positive Human Participation

 

From the beginning of its call, Islamic Sharia has called for adhering to values, extending beyond its initial call in Mecca, reaching far and spreading its goodness to the entire world. This is exemplified by the stance of the Islamic ambassador, Jafar ibn Abi Talib, the cousin of the Prophet (PBUH) and a noble companion. He was sent as an ambassador to the Negus, the ruler of Abyssinia, who followed the Christian faith.

 

This is reflected in the statement of Ja'far ibn Abi Talib, found in [Musnad Ahmad, Hadith No. 1699] and [Sahih Ibn Khuzayma, No. 2073], when he addressed the Negus about their state during the era of ignorance, highlighting their immoral practices and their transformation after the Prophet was sent to them. Ja'far said: "O King, we were a people in the era of ignorance, worshipping idols, consuming carrion, engaging in immoral deeds, severing family ties, and mistreating neighbors. The strong among us would oppress the weak." He continued, "We persisted in this state until Allah sent to us a Messenger whose lineage, truthfulness, trustworthiness, and chastity we knew."

 

Ja'far ibn Abi Talib then explained the values to which the Prophet Mohammad (peace be upon him) invited them. He said: "He invited us to worship Allah alone and abandon what we and our ancestors used to worship besides Him, such as stones and idols. He commanded us to speak the truth, fulfill trusts, maintain family ties, show kindness to neighbors, refrain from unlawful acts and shedding blood. He forbade us from committing immoral deeds, lying, consuming the wealth of orphans, slandering chaste women, and ordered us to worship Allah alone, associating nothing with Him. He commanded us to perform prayers, give zakat, and observe fasting."

 

Then Ja'far described the believers' response to this call, saying: "So we believed in him, affirmed the truth of his message, and followed him in what he brought. We worshiped Allah alone, associating nothing with Him, prohibited what He forbade, and allowed what He made permissible."

He continued, "Our people then transgressed against us, tortured and tempted us to forsake our religion and return to the worship of idols instead of Allah, and to resume the permissibility of what Allah had made forbidden for us."

 

He concluded his speech with wisdom, indicating the reason they sought refuge in Abyssinia, saying, "When they oppressed us, treated us unjustly, made life difficult for us, and stood between us and our religion, we left for your country, choosing you above all others, seeking your protection, and hoping not to be wronged under your rule, O king."

 

So, the Negus turned to the delegation from the Quraysh who came to take back the companions and said, "Go away, by Allah, I will never surrender them to you."

 

The Prophet (peace be upon him) requested his companions to migrate from their land due to the persecution and harm they were facing, ensuring their safety and freedom to choose their beliefs. This underscores the positive and humanitarian engagement of Islam, and its openness to other societies, especially those where justice is upheld. The Prophet (peace be upon him) praised the just rule of the Negus, emphasizing the universal value of justice that respects human beings, their freedom, lives, and ensures fairness. Thus, the Prophet (peace be upon him) acknowledged the justice of the Negus and commended him for it.

 

What confirms the profound positive human engagement of Islam is the Prophet Mohammad`s (peace be upon him) participation in an alliance known as the "Hilf al-Fudul" in Mecca, even before his prophethood and the call to Islam. Its purpose was to support the oppressed, resist injustice, and the Prophet praised this alliance, saying, "I participated with my uncles in a pact at the house of Abdullah ibn Jada'an, which I would not exchange for the choicest camels." (Narrated by Imam Ahmad).

 

The "Hilf al-Fudul" alliance was formed four months after the Sacrilegious wars (Harb-ul-Fijar). The reason behind it was that a man from Zubaid (a town in Yemen) came to Mecca with merchandise, which Al-As ibn Wa'il purchased from him. However, Al-As denied him his rightful due, and the Zubaidi sought justice against him. The nobles of Quraysh did not support him due to the high status of Al-As among them. The Zubaidi sought help at the Kaaba, and appealed to the Banu Fihr and other honorable people. Al-Zubair ibn Abd al-Muttalib asked why this man was left helpless. The Banu Hashim, Zuhra, and Banu Taym ibn Murah gathered at the house of Abdullah ibn Jada'an and prepared a meal for them. They formed an alliance and pledged by Allah to stand as one hand with the oppressed against the oppressor until his right was restored. Then they went to Al-As ibn Wa'il, took back the goods from him, and returned them to the Zubaidi, establishing this alliance known as "Hilf al-Fudul." It was named so because those who participated in it were named Fadl, such as Fadl ibn al-Harith, Fadl ibn Wada'a, and Fadl ibn Fadala.

 

Regarding this alliance, Al-Zubair ibn Abd al-Muttalib says:

They pledged and allied in unity, 

That in Mecca, oppression should not stand. 

Neighbor and guest, both shall be free,

 An oath upon which they firmly band.

 

Islam promotes the value of positive human participation on a global scale and condemns isolationism without necessity. Its call is a universal mercy to all people, as described by Allah in the Quran: "And We have not sent you, [O Muhammad], except as a mercy to the worlds." [Quran, 21:107]. Islam encourages participation in international organizations and humanitarian associations that uphold human rights, people's freedom, and work towards establishing justice while respecting human dignity, in alignment with the values and principles of Islamic law.

 

 

 

 

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Summarized Fatawaa

A man led the people in prayer as imam, and at the end of the prayer he performed a prostration of forgetfulness (*sujūd al-sahw*) because he had omitted a short *sūrah* after al-Fātiḥah. What is the ruling on his prayer and that of those praying behind him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
According to the Shāfiʿī school, it is sunnah to recite a sūrah after al-Fātiḥah in the prayer. One who omits it has a valid prayer, and no prostration of forgetfulness (sujūd al-sahw) is prescribed for omitting it. If someone performs sujūd al-sahw for its omission while knowing the ruling and remembering it, his prayer is invalidated. But one who is ignorant of the ruling, or who did so out of forgetfulness, his prayer is not invalidated, because this is among the matters that are obscure to people, and ignorance of it is not restricted to those who recently entered Islam.
Shaykh al-Islām al-Shams al-Ramlī said in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Vol.2/p.70): “The remaining sunnahs are not compensated for by prostration, such as the remembrances (adhkār) of bowing and prostration, that is, the opening supplication (duʿāʾ al-iftitāḥ) and the sūrah, in accordance with the base rule, because they are not of the same nature as what has been reported [as compensable]. If one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to ignorance. As for the objection raised that the ignorant person does not know that sujūd al-sahw is prescribed, and whoever knows it knows its place, this is refuted by denying such a necessary connection, for the ignorant person may hear only that sujūd al-sahw is prescribed before the salām, and so assume that it applies to every sunnah and is not restricted to its prescribed place.”
This is among the matters that are obscure, in which the mukallaf is excused for ignorance, as stated by al-Shabrāmallisī in his Ḥāshiyah ʿalā Nihāyat al-Muḥtāj (Vol.2/p.70).
However, if the imam prostrates, and the follower (maʾmūm) presumes that his imam’s prostration is for a reason for which one does not prostrate, it is not permissible to follow him in it, so long as the follower knows the ruling.
Accordingly, the prayer of one who did not recite a sūrah after al-Fātiḥah is valid, and sujūd al-sahw is not prescribed for it. Whoever prostrates out of ignorance or forgetfulness, his prayer is valid, because this is among the issues hidden from the general public. But whoever prostrates while knowing the ruling and remembering it, his prayer is invalidated. 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 are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.

Is it permissible for a woman to ride a taxi without a Mahram (unmarriageable kin) in order to attend a gathering of knowledge?

It is permissible for the woman to pursue the knowledge that she needs in order to perform the religious requirements due on her if there was nobody to teach her at home, provided that there is no temptation involved. Moreover, we don`t recommend that she rides a taxi without a Mahram although such an act isn`t from the forbidden Khulwah (seclusion).

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