عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(205): "Ruling on Prohibiting the Offence Against Forest Trees"

Date Added : 27-10-2015

 

Resolution  No.(205) (15/2014) by The Board of Iftaa`, Research and Islamic Studies:

"Ruling on Prohibiting the Offence Against Forest Trees"

Date: (16/Zolqhidah/1435  A.H); corresponding to (11/9/2014  A.D)

 

All praise is due to Allah. May His blessings and peace be upon Prophet Mohammad and upon his family and companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its eleventh session held on Thursday: (16/Zolqhidah/1435 A.H); (11/9/2014 A.D), the question sent by the chairperson of the Jordanian Society for Eco Tourism and reads as follows: 

We would like to inform you that forest areas in the Hashemite Kingdom of Jordan are severely endangered by some citizens and influential persons through cutting and burning  in order to sell their wood to citizens, and this has done a great damage to these areas. We kindly ask your Grace to discuss this issue with the Board of Iftaa` in order to issue a ruling on cutting down state-owned forest trees and selling them for personal profit.

After careful study and deliberation, the Board decided:

 

Trees are a vital aspect of life and a reason of survival on this earth. Allah, The Exalted, has made them  a mercy, a blessing, a greenery, a favor that He has bestowed on humanity. He Said in this regard (What means): “It is He who sends down rain from the sky: from it ye drink, and out of it (grows) the vegetation on which ye feed your cattle. With it He produces for you corn, olives, date-palms, grapes and every kind of fruit: verily in this is a sign for those who give thought.” {An-Nahl(10-11)}.

The Holy Quran contains frequent reminder of this blessing so as to draw man`s attention to its significance in order for him to thank Allah, The Exalted, on the one hand and to protect it as well as look after it on the other hand. Allah Says (What means): “Glory to God, Who created in pairs all things that the earth produces, as well as their own (human) kind and (other) things of which they have no knowledge.” {Ya-Sin/36}.

Therefore, a person thankful of this blessing wouldn`t endanger, or desecrate it because he knows deep down that if matters get out of hand, no tree will be left on the face of the earth due to the greed of those who seek to make profit at the expense of life on this earth and Allah`s creatures on it. Therefore, the necessary measures had to be taken to protect this blessing.

 

We should always remember that Prophet Mohammad (PBUH) urged us to populate the earth by saying: “There is none amongst the Muslims who plants a tree or sows seeds, and then a bird, or a person or an animal eats from it, but is regarded as a charitable gift for him.” {Bukhri &Muslim}. He also said: “If the Day of Resurrection starts while one of you is holding a cutting, then he should plant it.” {Ahmad}.

We should remember that any offence against trees by cutting, breaking, or burning is a violation of public property, and this is included in the warning of Abdullah Bin Habashi (May Allah be pleased with him) who reported that the Prophet (PBUH) said: “Whoever cuts down a lote tree, Allah shall send him to Hell head first.” {Abu Dawood}. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice Head of the Iftaa`Board, Prof. Ahmad Helayel

Prof. Abduln`nassir Abu Al Bass`al/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

Dr. Yahia Al-Botoosh/ Member

     Dr. Wasif Al-Bakhri

Decision Number [ Previous | Next ]


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.

"If the fidyah becomes obligatory upon a pregnant or nursing woman because she broke her fast out of fear for her child, is it obligatory from her own wealth, or from her husband's wealth?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The fidyah (ransom/compensation payment for breaking the fast) is obligatory from the wife's own wealth, and is not obligatory upon the husband unless he voluntarily chooses to pay it on her behalf.
It is stated in Mughnī al-Muḥtāj (Vol.2/P.174): "If the two [the pregnant woman and the nursing mother] fear for the child alone — such as a pregnant woman fearing miscarriage, or a nursing mother fearing that her milk supply would decrease, thereby endangering the child — then both the qaḍā' (making up the missed fast) and the fidyah become obligatory upon them, to be paid from their own wealth." And Allah, the Exalted, knows best.

What is the ruling on tasting food while fasting?

Tasting food while fasting is disliked (makruh). However, if any part of the food reaches the body cavity (jauf), the fast becomes invalid.

Is it a condition that one should offer two sacrifices for a male newborn?

It is desirable to offer two sheep for a male newborn, and one for a female newborn. Offering one sheep for the male newborn is also permissible as it observes the Prophet`s Sunnah in this regard.

See More