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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

What is the ruling on a woman who gets her menstrual period while fasting?

If a woman gets her menstrual period while fasting, her fast (of that day) becomes invalid, and she must make up for the missed days after Ramadan. Allah has granted ease to women in this situation, and she will be rewarded for not fasting because she is following Allah’s command.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is required of one who doubts the number of rakʿāt during prayer?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a person doubts the number of rakʿāt he has prayed, he should build upon the lesser number, as that is what he is certain of. He should then perform the prostration of forgetfulness (sujūd al-sahw) before the final salām at the end of the prayer. ʿAṭāʾ ibn Yasār narrated that the Messenger of Allah ﷺ said: "When any one of you is in doubt during his prayer and does not know whether he has prayed three rakʿāt or four, let him pray one more rakʿah and then perform two prostrations while seated before the salām. If the rakʿah he prayed was a fifth, these two prostrations will make it even; and if it was the fourth, then the two prostrations serve as a humiliation for the devil." (Reported by Abū Dāwūd.)
It is stated in al-Muqaddimah al-Ḥaḍramiyyah — one of the foundational texts of the Shāfiʿī school: "If one doubts whether he has prayed three rakʿāt or four, he is obliged to build upon the lesser number."
However, if such doubt recurs repeatedly and reaches the level of obsessive whispering (waswasah), he should not build upon the lesser number in that case — rather, he should build upon the greater number. And Allah the Almighty knows best.

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