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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 required of a traveler or a sick person if they broke their fast and then their excuse ceased?

If a traveler settles or a sick person recovers after having broken their fast, it is recommended for them to refrain from eating and drinking for the rest of the day, but it is not obligatory.

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

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 kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

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