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Iftaa' Department


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Accessing this Website is governed by the following terms and conditions:

These Terms apply in full force and effect to your use of this Website and by using this Website; you expressly accept all terms and conditions contained herein in full. You are required not to use this Website if you object to any of its Terms and Conditions.

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Links to other Websites

This Website may contain active links to other websites, governmental or non-governmental, whose systems of information protection differ from those used in this Website. Accordingly, the Dept. may not be held liable for the content of these websites or their protection systems. Rather, it is recommended that users acquaint themselves with these systems first hand.

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Any loss resulting from breaches of Website terms and conditions by the user or whoever represents him/her, including sending or publishing content, shall be his/her sole responsibility. The GID won`t be liable for any compensations, fees, expenses or attorney fees regardless of the party making these claims.

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Summarized Fatawaa

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 "Bismillāhir-Raḥmānir-Raḥīm" a verse (āyah) of Sūrat al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The basmalah ("Bismillāhir-Raḥmānir-Raḥīm") is, without question, a verse (āyah) of the Noble Qur'an, and according to the Shāfi‘ī school, it constitutes a verse of Sūrat al-Fātiḥah itself. Al-Fātiḥah is a pillar of the prayer, and it consists of seven verses, of which the basmalah is one. The prayer is not valid without reciting it, nor if any of the Fātiḥah's verses, letters, or shaddahs (consonant doublings) are omitted or altered.
It is stated in Bushrā al-Karīm (Vol.1/p.202), from the books of the Shāfi‘ī school: "The basmalah is a complete verse of it [i.e., of al-Fātiḥah] in practice — and it suffices, for this to be established, that there be strong probability (ẓann), especially given that this has come very close to certainty (yaqīn), due to the consensus (ijmā‘) of the Companions on its inclusion in the muṣ-ḥaf [the written text of the Qur'an] in its script, despite their extreme diligence in excluding from it anything that did not genuinely belong to it — to the point that they even [carefully regulated] its diacritical dots and vowel markings." And Allah, the Exalted, knows best.

What is the difference between Qiyam al-Layl and Tahajjud?

● Qiyam al-Layl refers to any voluntary prayer performed at night, including Tarawih.
● Tahajjud specifically refers to voluntary prayer performed at night after waking up from sleep.
Glad tidings to those who combine both, as numerous Quranic verses and hadiths mention their virtues.
Allah Almighty says {what means}: "And rise from thy sleep and pray during part of the night [as well], as a free offering from thee, and thy Sustainer may well raise thee to a glorious station [in the life to come." [Al-Isra`/79]
The Prophetﷺ said: "Whoever stands (in prayer) during Ramadan with faith and seeking reward, all their past sins will be forgiven." [Agreed upon]

What is the ruling of Islamic Law on eating or drinking forgetfully while observing the kaffarah fasting?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone eats or drinks out of forgetfulness while fasting, it is simply that Allah has fed them and given them drink. Their fast is not broken by this; rather, they should continue fasting. This ruling applies whether the fast is an obligatory one (like Ramadan), a make-up fast (Qada), an expiation (Kaffarah), or a voluntary (Nafal) fast. And Allah the Exalted knows best.

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