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Resolutions of Iftaa' Board

Resolution No.(213): “Ruling on Teaching Hajj Rituals through Shapes Simulating the Ka`bah and other Places“

Date Added : 05-10-2015

Resolution No.(213)(3/215) by the Board of Iftaa`, Research and Islamic Studies:

“Ruling on Teaching Hajj Rituals through Shapes Simulating the Ka`bah and other Places“

Date:25/ Jumadah Al-Akhirah/1436 AH, corresponding to 15/4/2015 AD.

 

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

The Board reviewed in its fourth session held on the above date the following question:

We are a public service company, and we would like to establish an educational project that aims at teaching the pillars of Hajj to school students through simulating the Hajj rituals such as the Ka`bah, sai` between Safa and Marwa, Arafaat Moutain, Mina, and the Jamaraat, to whoever desires to learn how to perform this obligatory act of worship. What is the ruling of Islamic Sharia on that?

Knowledge is prescribed in Sharia; particularly, that which is useful in worldly life and saves from Hellfire in the Hereafter, and this applies to teaching the rituals of Hajj and Umrah. Allah Says {what means}: “O ye who believe! When ye are told to make room in the assemblies, (spread out and) make room: (ample) room will God provide for you. And when ye are told to rise up, rise up God will rise up, to (suitable) ranks (and degrees), those of you who believe and who have been granted (mystic) Knowledge. And God is well- acquainted with all ye do.” {Al-Mujadilah/11}. Also, Allah`s Apostle said regarding the virtue of being knowledgeable in the rules of Sharia: “If Allah wants to do a favor to somebody, He bestows on him, the gift of understanding the Quran and Sunna.” {Bukhari}.

Teaching Hajj rituals through creating shapes and images of holy sites that simulate those in real Hajj is permissible, rather, it is a good deed that helps people understand the correct way of performing Hajj and Umrah, for it was reported that Allah`s Apostle used to teach his companions through signs and demonstration. Abdullah Bin Masoud narrated: “The Prophet drew a square and then drew a line in the middle of it and let it extend outside the square and then drew several small lines attached to that central line, and said, "This is the human being, and this, (the square) in his lease of life, encircles him from all sides (or has encircled him), and this (line), which is outside (the square), is his hope, and these small lines are the calamities and troubles (which may befall him), and if one misses him, an-other will snap (i.e. overtake) him, and if the other misses him, a third will snap (i.e. overtake) him.” {Bukhari}.

However, it is imperative to warn visitors of these educational sites that the images and shapes simulating the Ka`bah, Safa and Marwa, Arafat, Mina, and the Jamaraat are mere educational representations, so it isn`t allowed to turn to them or glorify them, because this is restricted to the private nature of the sacred sites. It was stated in the book: “Facing the Ka`bah is intended for honoring it.” [Al-Moheet Al-Borhani vol.5/pp.396]

Moreover, it is worth stressing two points:

First: It is impermissible to belittle these images and shapes, or make them a subject of mockery.

Second: They  shouldn`t be a meticulous copy of the real sites in Hajj, rather, they should be of smaller size and hold signs that indicate their educational nature. On its part, the Board recommends that such project is supervised by the Ministry of Religious Endowments. And Allah Knows Best.

 

 Board of Iftaa`

Grand Mufti of Jordan , Sheikh Abdulkareem Khasawneh

Dr. Hayil Abdulhafeez       Sheikh Sae`id Hijjawi

Dr. Yahia Al-Botoosh         Dr. Mohammad Khair Al-Essa

Dr. Wasif Al-Bakhri             Dr. Mohammad Al-Qhodaat

Dr. Mohammad Al-Khalayleh   Dr. Mohammad Al- Zou`bi

 

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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.

What is the ruling on fasting for those with diabetes, heart disease, high blood pressure, kidney disease, or ulcers?

● A sick person who is completely unable to fast is exempted from fasting and must offer fidyah (feeding a needy person), as Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184]. They are not required to make up for the missed fasts.
● A sick person who can fast on some days but not others should fast when able and make up the missed days after Ramadan when possible. No fidyah is required in this case.
● If fasting during the long, hot summer days is too difficult for a sick person, but they can make up the fasts during the shorter, cooler winter days, they should break their fast and make up for it when they are able, without fidyah.

What is the ruling of Islamic Law on supplicating with other than the transmitted (Ma'thur) supplications in prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible to supplicate (make du'a) during the prayer for anything from the affairs of religion or worldly life, and the prayer is not invalidated by doing so.
Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "Our madhhab [i.e., the Shafi'i madhhab] holds that it is permissible for a person to supplicate during it [the prayer] with anything that is permissible to supplicate with outside the prayer, from the affairs of religion or worldly life. He may say: 'O Allah, grant me wholesome sustenance, offspring, a house, and a beautiful young wife' — describing her; or: 'O Allah, free so-and-so from prison,' or 'destroy so-and-so,' and other such things — and none of this invalidates his prayer according to us. And this is also the view of Malik, ath-Thawri, Abu Thawr, and Ishaq." [Al-Majmu', Vol.3/P.454]. And Allah, the Exalted, knows best.

Is it a condition that a woman should untie her locks while making Ghusl (ritual bath)?

Ghusl from Janabah (ritual impurity), or menstruation obligates that water reaches the roots of the hair in order for the Ghusl to be valid, but if it doesn`t, then hair locks must be untied for water to reach them, and for Ghusl to become valid.

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