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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

Is it permissible to pay the Zakah (obligatory charity) for settling the debt of a deceased relative?

It is impermissible to pay the Zakah for settling the debt of the deceased since Zakah is paid to eligible recipients who are alive. As for the debts of the deceased, they are to be settled from the estate before dividing it amongst the heirs, but if the deceased didn`t leave an estate, then it is desirable for his/her heirs to settle those debts if they can afford them. And Allah 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.

Is it permissible to pay the Fitr Zakah (obligatory charity) of Ramadan on behalf of a dead person?

The Fitr Zakah of Ramadhaan isn`t due on one who had passed away before the sunset of the last day of Ramadan. And Allah Knows Best.

Is it permissible to sleep before the time of the Fajr prayer begins, with the intention of waking up shortly afterward?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible for a Muslim to sleep before the time of the Fajr prayer begins, intending to wake up and perform the prayer, by setting an alarm or asking someone to wake him. What is to be avoided is that a person sleeps while he predominantly assumes that he will not wake up for the prayer.
If he does not wake up until the time of the prayer has ended, he must make it up. It is recommended that he hasten to make it up as soon as he wakes, and likewise recommended that he make up its sunnah along with it.
It is stated in al-Majmūʿ by Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him): “Whoever was obliged to pray and did not pray until the time passed must make it up, because of the saying of the Prophet (peace and blessings be upon him): ‘Whoever sleeps through a prayer or forgets it, let him pray it when he remembers it.’ It is recommended that he make it up immediately, because of the ḥadīth we have mentioned. If he delays it, that is permissible, because it is reported that the Prophet (peace and blessings be upon him) missed the Fajr prayer and did not pray it until he had left the valley. Had it been required immediately, he would not have delayed it. Abū Is-ḥāq said: If he left it without a valid Sharia excuse, he must make it up immediately, because he was negligent in delaying it.”
It is therefore the duty of every Muslim to keep the prayer in its proper time, seeking help from Allah the Exalted and striving against the self to do so. And Allah Almighty knows best.

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