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The Prophet's Migration (Hijrah)... Building the Muslim Nation and Shaping its History
Author : Secretary General Dr. Zaid Al-Kilani
Date Added : 09-07-2024

The Prophet's Migration (Hijrah)... Building the Muslim Nation and Shaping its History

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

The Noble Migration is a journey of nation building, transitioning from weakness to strength, fear to security, and fragmentation to unity... It is a journey of constructing a nation chosen by Allah to alter the course of history, led by the greatest leader in history and the best prophet in existence, peace and blessings be upon him, his family, and all his companions.

The Noble Migration signifies the birth of a resilient nation destined to lead the world in a few short years, guided by men devoted to Allah and dedicated to building their homeland and achieving its glory. The companions of the Prophet (peace be upon him) understood these profound meanings, marking the beginning of their nation's history. With these lofty meanings, the honorable migration teaches us to trust in Allah's promise to His sincere servants, knowing that He fulfills His promise and completes His light. It is a promise for our people in Palestine that their patience and steadfastness will ultimately be rewarded with victory by the permission of Allah. The journey was a departure for the sake of return, but it symbolizes the return of the victorious, triumphant liberators. The migration serves as a lesson for us to uphold the strength and resilience of our Jordan, and to stand united against any threat that may confront us.

The Prophet Muhammad (peace be upon him) guided us that one of the most important objectives of migration is to build a strong homeland and establish a state with effective institutions. Building a strong nation begins with the establishment of active institutions that uphold the aspirations of the country, foresee its future, and fulfill the ambitions of its people. Upon his arrival in Medina, the Prophet (peace be upon him) built the mosque, which became the center for nurturing pillars of faith, shaping religious identity, education, communication, judiciary, consultation, opinion, and governance. He built the mosque to house these effective institutions that organize society in accordance with its uplifting values and objectives.

As we learn from the noble migration of the Prophet Muhammad (peace be upon him), one of the pillars of a strong resilient nation is to have a strong independent economy. This serves as a fortress against any interference, by adversaries, in the nation`s political will or cultural identity. Therefore, one of the Prophet's first actions upon arriving in Medina was to establish an independent market for Muslims, breaking the monopoly held by the Jews over trade and wealth. They had sought to control the economic sphere to sow discord and animosity among different societal groups, enabling their own dominance.

Prophet Muhammad (peace be upon him) formulated the document that can be described in contemporary terms as a constitution, outlining the rights and duties of the state and individuals, including protection and preservation. It clarified the meanings of citizenship and emphasized the necessity of the rule of law.

The Prophet Muhammad (peace be upon him) established brotherhood between the Muhajireen (The first inhabitants of Mecca to accept Islam) and the Ansar (The first inhabitants of Medina to accept Islam) to replace the tribal values of negative boasting about ancestors and tribes that Arabs used to practice in the pre-Islamic era.

To resolve the issues of division within the Muslim community, based on the principle from ThHoly Quran, it states (What means): "The believing men and believing women are allies of one another" [At-Tawbah/71], and the same applies on Quranic motto, which states (What means): "Verily, the believers are brothers" [Al-Hujurat/10], in accordance with Allah's Command that reads (What means): "hold firmly to the rope of Allah all together and do not become divided" [Al-Imran/103], the Prophet Muhammad (peace be upon him) established these values and principles as the foundation of the Muslim society. This spirit permeated the institutions of the state founded by the Prophet (peace be upon him), leading to cultural and societal advancement within the Islamic community.

Allah the Almighty immortalized the incident of brotherhood in the Quran to serve as a lasting testimony to this crucial foundation of human civilization. Whereas He, The Exalted, Says (What means): "And [also for] those who were settled in the Home [i.e., Medina] and [adopted] the faith before them. They love those who emigrated to them and find not any want in their breasts of what the emigrants were given but give [them] preference over themselves, even though they are in privation. And whoever is protected from the stinginess of his soul, it is those who will be the successful." [Al-Hashr/9].

In conclusion, we ask Allah the Almighty to make this new Hijri year a year of goodness and blessings for our blessed country and for the leader of the Hashemite family, His Majesty King Abdullah II bin Al-Hussein, may Allah protect and preserve him.

 

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Summarized Fatawaa

What is the ruling on reciting the Noble Qur’an during menstruation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is impermissible for a woman in menses, a woman in postnatal bleeding, or a person in a state of major ritual impurity to recite any part of the Noble Qur’an with the intention of recitation, even from a mobile phone or a computer, and even if the recitation is from memory. It is narrated on the authority of ʿAlī ibn Abī Ṭālib (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) “was not prevented, or he said kept back, from the Qur’an by anything except janābah (major ritual impurity).” It was narrated by Abū Dāwūd and al-Tirmidhī, who said: “Ḥasan ṣaḥīḥ.”
Janābah and menstruation are one and the same in that both constitute a major ritual impurity. Just as a woman is commanded by Allah Almighty to pray, fast, and recite the Noble Qur’an during her period of purity, she is likewise commanded to refrain from these during the period of her excuse.
For further reference, see the fatwas: (Fatwas of Shaykh Nūḥ, Fatwa no. 27) and (248). And Allah Almighty knows best.

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.

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 someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, knows best.

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