Articles

Giving the Road its Due
Author : Dr. Mufti Sa`eid Farhan
Date Added : 08-10-2024

 

Praise be to Allah, the Lord of the Worlds, and peace and blessings be upon His Messenger. Afterwards:

Islamic law has meticulously organized the life of a Muslim, encompassing all aspects of their life. It has clarified the rights and duties, boundaries, and relationships between people.

One of the matters addressed is the rights related to the road. These rights were given significant attention due to their central role in people's lives. The road is a public utility, not owned by anyone nor monopolized by any individual. Because of this, Islamic law established rules and principles that organize the rulings of the road, which are evident through the following manifestations:

The First Manifestation: Preserving the cleanliness of the road, maintaining it, and repairing it:

This is evident through the following:

First: Maintaining the road is considered a branch of faith. The Messenger of Allah (peace and blessings be upon him) said: "Faith has over seventy—or sixty—branches, the best of which is the declaration that there is no god worthy of worship but Allah, and the least of which is removing harm from the road, and modesty is a branch of faith." [Moslim]. Imam Al-Nawawi, in explaining the meaning of "removing harm" said: "It means clearing it away and removing it. Harm refers to anything harmful, such as stones, dirt, or thorns, or anything else." [Sharh Al-Nawawi Ala Moslim: Vol.2/P.6].

The Second manifestation: The Porhibition of violating road:

Islamic law has promised great reward for removing harm from the road. The Prophet (peace and blessings be upon him) said: "While a man was going along the path he found a thorny branch upon it. He pushed it to a side and Allah approved (this action) of his and (as a mark of appreciation) granted him pardon." [Al-Bukhari] He also said: "I have seen a man going about in paradise as a reward for cutting down a tree which was overhanging a road and annoying people." [Moslim]. The word "going about in Paradise" means taking pleasure. Thus, the outcome of removing harm from the path of Muslims was that Allah admitted him into Paradise. And what does a Muslim seek from their actions more than getting admitted into Paradise?

Abu Barzah Al-Aslami said: I asked: "O Prophet of Allah, teach me something that will benefit me." He said: "Remove harm from the path of Muslims." [Moslim].

These noble hadiths and others highlight the great virtue and immense reward for this branch of faith.

The Second Manifestation: Prohibition of harming the road:

This is illustrated by the following:

First: Prohibition of anything that harms the road. Scholars, when explaining the hadith "The Rights of the Road," emphasized that a Muslim must refrain from harming the road. Just as removing harm from the road is a charity for which a Muslim is rewarded, harming the road is a sin for which a person is accountable. Warning against harming others, Imam Muhammad Al-Khuli said: "Pouring water on the road until feet slip, placing obstacles in the path where pedestrians may stumble, or throwing garbage or thorns that could harm passersby, or narrowing the road with one's seating where neighbors are bothered, exposing their women, and restricting their freedom—all of this is harm that must be stopped, and efforts made to keep it away from pedestrians." [Al-Adab Al-Nabawi/Vol.1/P.71].

Scholars have derived from texts encouraging care for the road that anything harmful to the road is prohibited. In his explanation of the hadiths about the virtue of removing harm from the road, Imam Al-Ayni, said: "It indicates that placing thorns, stones, waste, or harmful water in the road, or anything that harms people, may lead to punishment in this world and the hereafter." [Umdat Al-Qari/Vol. 13/P. 23].

Second: The prohibition of encroaching on the road. Anything that constitutes an encroachment on the road is prohibited by Islamic law and considered among the evil acts. Imam Al-Ghazali listed some examples of road encroachments under the chapter "Evils of Streets" saying: "Among the common evils is placing columns or building raised platforms connected to private properties, planting trees, extending balconies, placing wood or grain loads on the roads. All of this is wrong if it leads to narrowing the road or harming pedestrians, even if it causes no harm at all." [Ihya Ulum Al-Din/Vol.2/P.339].

The Third Manifestation: Organizing road regulations in the books of Islamic jurisprudence:

The jurists have extensively organized road regulations, leaving nothing unaddressed. They provided detailed explanations to resolve disputes among people and prevent conflicts. Anyone who studies their detailed rulings and jurisprudential foundations—especially in the chapter of reconciliation—will notice the significant attention given to the subject by the jurists. The hadith scholars also categorized sections in their compilations related to the rights of the road, as Imam Muslim did in his "Sahih" where he titled a section: "Chapter on the Right of Sitting on the Road is to Return the Greeting."

One of the reasons for their emphasis was the warning of the Prophet (peace and blessings be upon him) when he said: "Beware of sitting on the roads." They said: "We have no choice, they are our gathering places where we talk." He said: "If you must sit there, then give the road its rights." They asked: "What are the rights of the road?" He said: "Lowering the gaze, refraining from harm, returning the greeting, enjoining good, and forbidding evil." [Agreed upon].

We ask Allah, The Almighty, The Lord of The Mighty Throne, to make us among those who listen to good words and follow the best of them.

And all praise is due to Allah The Lord of The Worlds.

 

هذا المقال يعبر عن رأي كاتبه، ولا يعبر بالضرورة عن رأي دائرة الإفتاء العام

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Summarized Fatawaa

What is the ruling on determining the sex of the baby whether through killing the female spermatozoa, or any other way in order to have a male?

If it is done through having a certain type of food, taking a certain type of medication, or organizing the time of the marital relation, then it is permissible.

Is everyone obligated to follow the fatwas of his country, and if we adopt the fatwas of scholars of other countries, is it considered a sin?

All perfect praise be to Allah, The Lord of The Wolrds and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

It is permissible for the person who isn't specialized in Sharia sciences to apply the opinions of renowned scholars whom he trusts ,whether they be from his own country or not ,but if the scholars have different opnions regarding a certain issue/matter, then he must consult someone who is more knowledgeable than himself .It is preferable that you (the questioner) specify the case of your interest ,so that we could give you a more specific answer since some scholars deliver fatwas based on illogical/atypical opinions which should not be applied no matter what .And Allah The Exalted Knows Best.

Who should pay the Zakah (obligatory charity) from the orphan`s money?

His/her guardian, and if the latter fails to do so, then the orphan himself/herself is obliged to pay the Zakah once he/she reaches puberty, and is capable of handling his/her own affairs. And Allah Knows Best.

Does the deceased hear the supplications or recitations of those visiting his/her grave? And does making constant supplications for the deceased who didn`t adhere to performing the prescribed prayers ameliorate his/her affliction?

Praise be to Allah the Lord of the Worlds.

In principle, the dead hear the living since it has been rigorously authenticated that the Prophet (PBUH) ordered the bodies of the idolaters slain in the Battle of Badr to be buried. He then approached them and called them one by one and said: "Have you found what your Lord promised to be true for we have found what our Lord promised us to be true." Umar asked him: "O messenger of God! Why do you speak to lifeless bodies?" The Prophet (PBUH) replied: "By the One Who has sent me with the truth! You do not hear my words better than they do except that they cannot respond." [Agreed upon].

However, not all the deceased are in the same situation because Allah The Almighty Knows: "Before them is a Partition till the Day they are raised up." [Al-Mu`minun/100]. Moreover, supplication reaches the deceased. And Allah Knows Best..