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

Is it permissible for a person who is in a state of Janabah (Ritual impurity) to clip his nails, or to cut his hair?

It is permissible for those in a state of Janabah and menstruation to clip their nails and to shave whatever hair that is permissible to be shaved.

A man who was on travel prayed Duhr as four Rakhas upon leaving Tafilah heading to Amman. However, on his way to Amman, he prayed Asir as two Rakhas (Shortened). Is what he did correct from an Islamic perspective?

All perfect praise be to Allah, The Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
 
What he did is correct; he is liable for nothing before Allah The Almighty, since combining and shortening prayers during travel are two separate concessions. Therefore, it is permissible for a traveler to shorten prayer without combining it with another. And Allah The Almighty Knows Best.

If a woman makes a vow to slaughter a sheep, and her husband is the one who buys it for her from his own money, and he says: "It is for you until you fulfill your vow with it," Is this permissible, or must she buy it herself from her own money?

If her husband gave her the sheep as a donation for the puprose of fulfilling the oath she made and was slaughtered by the wife or the husband on her behalf then the vow she made is fulfilled. And Allah Knows Best. 

I work for a company whose manager refuses to allow employees to leave during work hours. Do I incur sin if I secretly went out to join the congregation at the Masjid? Is doing so considered a breach of trust?

Praise be to the Lord of the Worlds.

We recommend that you pray at work to encourage your colleagues to follow suit, because whoever guides to good has the like of the reward of the person who actually does it. And Allah The Almighty Knows Best.