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`s the ruling on using the following materials in manufacturing cosmetics: olive oil, Vaseline, talc powder, glycerin, honey, almond oil, pine oil, galingale and marjoram?

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

None of the above materials is forbidden, and it`s lawful to use them in manufacturing products that are beneficial to people. This is because, in principle, all things are lawful so long as there is no evidence in Sharia indicating otherwise. And Allah Knows Best.

I have been married for five years. My husband has two sons from his first marriage. Nevertheless, I took care of his children, and gave birth to a baby boy who is now three years old. Unfortunately, we keep fighting all the time; sometimes over his two sons and sometimes over his family. If I serve his family members and praise them, he treats me kindly. If I don`t, he turns my life into living hell. What should I do?

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

Spouses should live with each other on a footing of kindness and equity. In your case, constructive dialogue is the best course of action. We advise you to be patient, commit your affair to Allah and ask Him to help you. We also recommend that you seek the help of the people of goodness and make them fix things between you and your husband. If all attempts for reconciliation fail then go to court, but we remind you that a problem, which could be solved with a beautiful word, is no problem at all, so praise family and children and try your best to win their hearts. And Allah The Almighty Knows Best.

A man married a woman at the Islamic Centre in Brussels through a regular marriage contract. However, the husband left her for two years now and never provided her with financial support. Currently, she is staying in Amman, Jordan, and wants to remarry. Is her first marriage considered void and what should she do to remarry lawfully?

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.
This issue is within the jurisdiction of the Islamic courts and they have the final say regarding the dissolution of the first marriage contract if there is valid ground for that. Therefore, her first marriage remains valid unless a court decision says otherwise. And Allah The Almighty Knows Best.

Is it incumbent on a family to provide for its old handicapped son and take care of him?

The family and relatives- e.g.brothers- of such a person are obliged to spend on him and take care of him if he didn`t have money of his own.