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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

Who is the "Capable Person" for whom the Udhiyah is recommended?

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

The "Capable Person" (Al-Qadir): This refers to anyone who possesses surplus wealth beyond their own essential needs and the financial maintenance of their wife, children, or whoever is under their legal care, during the day of Eid and the three days of Tashreeq (the 11th, 12th, and 13th of Dhul-Hijjah), as this is the designated timeframe for the sacrifice. And Allah Knows Best.

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.

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 using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.

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