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Showing posts with label Miscellaneous. Show all posts
Showing posts with label Miscellaneous. Show all posts

Thursday, July 11, 2024

Bin Baz: It is Not Permitted for a Muslim to Hate Life

 


لا يجوز للمسلم أن يكره الحياة وييأس فيما عند الله تعالى من فرجٍ وخير، والواجب عليه أن يصبر على ما يلاقيه من أقدار الله.

فتاوى اللجنة الدائمة (25/398)

It is not permitted for a Muslim to hate life and to despair with what is with Allah (the Most High) from relief and goodness. It is obligatory upon him to be patient with what they meet from the Decrees of Allah.

Fatwaa for The Permanent Committee for Scholarly Research and Verdicts, 25/398

Wednesday, May 25, 2022

How did Imaam adh-Dhahabi described himself?

Adh-Dhahabi, the author. [His name is] Muhammad bin Ahmad bin Uthman, the son of Shaykh Abdullah at-Turkmani. Then he [was attributed to] Dimishq (i.e. Damascus), a [follower of the Madhab] Shafi, a reader, a Muhadith, the person who wrote this biography.

He was born in 637H. He compiled many works. People claim that his works are beneficial. A group of people have praised him but he knows himself better. He knows his own deficiencies in knowledge and action – and Allah’s Help is sought and there is no Might nor Power except with Him.

If I can protect for myself my Eman, then how sweet is my success?

Comment:

The most important thing to himself was his Eman and not the books he authored. He researched for years and ended up writing more than 150 books but ultimatey he said – “If I can protect for myself my Eman, then how sweet is my success?”

This is the reality of the religion and Eman and the produce of goodness and a sincere intent. A person constantly checks his Eman and all of this is a means for how a person can strengthen his Eman.

-Shaykh Saaleh aal ash-Shaykh (Allah preserve him)

Source: https://www.youtube.com/watch?app=desktop&v=_4wR4j1_OT0

Thursday, March 10, 2022

Ruling on Raising your Voice in [Greeting with] Salam when Entering the Masjid

In origin, when a Muslim meets another Muslim, they should greet them with Salaam. This applies to the Masjid or anywhere else they meet.

However, the Masjid has a specific ruling. It is not permitted for a Muslim to raise his/her voice in the Masjid, irrespective of whether they are reciting the Quran or greeting with Salam.Some people - Allah Guide them - when they enter the Masjid they enter with clamour. They might enter the Masjid whilst remembering in a loud voice or enter whilst giving Salam in a loud voice whilst people are busy in worshipping Allah; reciting the Quran, making Dhikr or whilst others are praying.

There is no doubt that entering the Masjid in this manner and greeting people with a loud voice or perhaps remembering Allah in a loud voice and creating clamour as they enter the masjid - is a mistake.

 The Prophet (Peace and Blessings of Allaah be upon him) forbade the Companions from raising their voices over one another when they were reciting the Quran.

Once he entered into the Masjid and he found them reciting the Quran and they were competing with one another in making their voices louder against one another. So he said, "Each one of you are conversing with their Lord, so do not compete with one another in raising your voices whilst reciting the Quran." Narrated by Abu Dawood, 1332; classed as saheeh by al-Albaani in Saheeh Abi Dawood, 1183. 

This is a command from the Prophet, not to raise thier voices when reciting the Quran so how about a person who enters into the Masjid whilst greeting people?

So the Muslim when he enters into the Masjid, he should make his way to the row and there is no harm in him greeting another person that he meets that is close to him, greeting them in a normal voice.  As for entering into the Masjid and greeting everyone in a loud voice, then this is not allowed and it is not befitting.

Shaykh Abdus-Salam as-Sulayman (Allah Preserve him)
Member of Panel of Senior Scholars and Permanent Council of Fatwa and Research

Source: https://www.youtube.com/watch?app=desktop&v=Fqt0Tth1bvQ

Wednesday, September 09, 2020

Ruling on Discussing Knowledge whilst Walking or on the Road

Sahih al-Bukhari, Book 93: Judgements

Chapter 10: Issuing Judgements and Religious Whilst it on the Road Yahya bin Ya'mar used to offer judgements whilst on the road. ash-Sha'bi used to give judgements at the door of his home. 7153 - Narrated Anas bin Malik: While the Prophet (ﷺ) and I were coming out of the mosque, a man met us outside the gate. The man said, "O Allah's Messenger (ﷺ)! When will be the Hour?" The Prophet (ﷺ) asked him, "What have you prepared for it?" The man became afraid and ashamed and then said, "O Allah's Messenger (ﷺ)! I haven't prepared for it much of fasts, prayers or charitable gifts but I love Allah and His Apostle." The Prophet (ﷺ) said, "You will be with the one whom you love."
(Hadith translation taken from Sunnah.com)
Ibn Hajar states in Fath al-Bari: Ash-hab said, "There is no harm in giving religious verdicts (and advice whilst walking) if it doesn't deter from the understanding." Suhnoon said, "It is not befitting" Ibn Habeeb said, "There is no harm if it is slight but something complex is not allowed." Ibn Battal said, "It is good" Ibn Hajar concluded, "What Ash-hab said is closest to the evidence" And Allah Knows best

Wednesday, April 15, 2020

Bin Baaz: Ruling on Placing Deceased in Plastic Bags


Q: Some of the deceased that are washed as a result of a car accident are then placed in a plastic bag to make sure that blood doesn’t spoil the shroud?

A: There is no harm in placing something over an injury to withhold it.

Majmoo Fataawaa wa Muqalaat ash-Shaykh Bin Baaz 13

/128

Thursday, March 19, 2020

Ash-Shathri: The Salaf Closed the Masjid as a Way to Lift the Pandemic

This was the same approach taken by the Companions (Allah be Pleased with them) during the time of Umar bin al-Khattab (Allah be Pleased with him) when the plague of Amwas afflicted them in Sham where a large number of people were afflicted and it resulted in a lot difficulties. Amr bin al-'As (Allah be Pleased with him) was made responsible and he commanded that the populous leave the urban living area and move into the valleys and the mountains. As a result of this, the Salat in the Masjid were forfeited and likewise Salat al-Jumuah. They took this action as a way to repel the pandemic - with the Permission of Allah, the Glorifed and Exalted -. This then reached the leader of the believers Umar bin al-Khattab (Allah be Pleased with him), and he didn't disapprove of the action and he didn’t reject it either. Rather, he approved of these measures and this was one of the approaches they took to have the pandemic lifted.

-Shaykh Sa'd ash-Shathri, Member of Panel of Senior Scholars and Permenant Committe of Fatwa and Research

https://www.youtube.com/watch?v=wzyupIFNAAs&app=desktop

Monday, September 03, 2018

al-Khudayr: Extravagant Decorations in the Masjid is Completely Against the Sunnah


Shaykh ‘Abdul-Kareem bin ‘Abdullah al-Khudayr [May Allaah Presereve him]
Member of Committee of Senior Scholars and Permanent Committee of Research and Fatwaa, Saudi Arabia
11/7/1435 – 15/4/2014



Before I begin my talk, I want to point out something that distracted me from my Salaat, the extravagant décor in the Masjid. This is completely against the Sunnah of the Prophet [Peace and Blessings of Allaah be upon him]. This is plain to observe from various images capturing the different Masaajid in different parts of the world, especially historically with what still exists today in Turkey from the remnants of the Ottoman caliphate. They followed the Hanafee Madhab in which they permitted such extravagance, however it remains impermissible to follow such practices.

The Prophet [Peace and Blessings of Allaah be upon him] was given a mat from Aboo Juhaym [May Allaah be Pleased with him], he said, “Take this back to him because it was a Fitnah (preoccupied) for me in my Salaah.”

If this was the Prophet [Peace and Blessings of Allaah be upon him], the one whose heart was closest to Allaah, the Glorified and the Exalted, the one who forget everything from the Dunyaa once he stood in front of Allaah, then what about us? Allaah Musta’aan (Allaah’s Help is sought).

It is a must that those who draw plans to build these Masaajid must be under the supervision of students of knowledge. What has happened now is that it has become common and accepted to have extravagant Masaajid, no one advising one another, but my advice to anyone who is responsible for maintaining and building Masaajid and want to gain closer to Allaah by it, that they don’t contradict the command of the One they are trying to get closer to when building. Nothing will bring any benefit if He is Angered with it.
The Muslim is commanded to stand and face the Qiblah in prayer, but if in front of him he has a wall that is decorated with extravagance, it is not possible that he will not be distracted. In the instance of the mat of Aboo Juhaym, a few lines of design distracted the Prophet and was a Fitnah for him, as he said. Just a few lines.

[Seerah an-Nabaweeyyah 4-9mins]

Wednesday, October 28, 2015

Believing the Western Media and its News

Shaykh Muqbil bin Haadee (may Allaah have Mercy on him) was asked:
What's the ruling on reading the daily newspapers and magazines so that we may become aware as to what is happening in the community, whether it be political, customary or Islaamic religious news (it is common in Muslim countries to relate beneficial information pertaining to the religion unlike what is found in the papers in the west)?
He replied:
What we advise is to distant ourselves from this. Usually, these papers are full of lies in order to propagate a political agenda, hence they fill these papers with deception in order to fool the masses. 
Rarely do you find these papers reporting what is factual.
Moreover, you must realise that your lifespan is short, so you are not in a position to chase the headlines in the newspapers and the latest gossip in be magazines; such information which will only bring about ones thoughts to become corrupted and their thoughts to be filled with worry.
It may even be that the reader will come across something that insults al-Islaam or something that reviles the Muslims (something very common nowadays but not at the time of the Shaykh).
Whatever the case, I'm not saying reading the newspapers is Haraam, however we strongly advise the student of knowledge to busy themselves with the Quraan and the Sunnah. If the news is that important, it will eventually be relayed to him.
As the poet said:
News comes to you 
Without there being an end to its supply
Therefore important information will make it self-apparent, usually it comes to the surface very quickly. 
If one was to read from sources which are trustworthy such as al-Bayaan, which is an Islaamic magazine, then there is no harm in this. 
As for deviated sources of information, then perhaps they will create doubts in the mind of the reader and cause a great deal of time to be wasted. Moreover, most of those behind the media, including journalists, are full of lies and hypocrisy. 

Shaykh Saaleh bin Fawzaan al-Fawzaan [may Allaah Preserve him] said:

News? What is news!?

Most of it is deception and lies. So what benefit can you gain from it?


Most of the information in the news are lies and a cause to stir the emotions of the viewer/reader. So do not destroy your house by allowing it to enter it; having the false presumption that you will benefit from it.


In it is a great deal of evil. It causes corruption to spread.

Saturday, September 12, 2015

Statements Uttered When Faced With a Calamity or News of Death

Shaykh Muhammad bin Saaleh al-‘Uthaymeen [may Allaah have Mercy on him] said:

We hear many people saying statements and they don’t even realize its implications:

When a person passes away, we often hear people claiming that “Such and such person has gone to heaven”. Such a statement is actually Kufr as it implies that the person will not be resurrected; that they have passed away and gone either to Jannah or to Jahannam.

Most people don’t realize that such a statement has such implications; rather they offer such condolences by imitating the Kuffaar (therefore it is a sin to utter such statements even if they don’t intend to deny the Resurrection).

[Sharh al-‘Aqeedah as-Safaareeniyyah (Pg. 492)]

Monday, June 09, 2014

Ruling on Wearing St. Georges Cross

Question: Some people have recently differed on the ruling of a Muslim who wears a cross[1], a symbol which is exclusive to the Christians. Some of us say that that the one who wears it has committed an act of Kufr (disbelief) and others hold the opinion that it is not Kufr (disbelief) but admit that it is Haraam and not permissible. Another group hold the view that it can only be Kufr (disbelief) if one persists on wearing it[2].

Answer: To understand this matter in detail it is obligatory to know the ruling on wearing a cross, which is a symbol exclusive to the Christians. The one who wears the cross is like the one who is pleased with the beliefs of the Christians and as a result the one who wears it has committed an act of Kufr (disbelief). This is based on the statement of Allaah, the Glorified and the Exalted:

"O you who believe! Take not the Jews and the Christians as Auliya' (friends, protectors, helpers, etc.), they are but Auliya' to one another. And if any amongst you takes them as Auliya', then surely he is one of them. Verily, Allah guides not those people who are the Zalimun (polytheists and wrong-doers and unjust)."
[al-Maaidah 5:51]

The meaning of Dhulm or wrong doer in the end of this Aayah refers to major Shirk.

Also, in wearing the cross, one shows that they agree with their ‘Aqeedah(beliefs), in believing the speculation they have about 'Esaa [Peace be Upon him] dying on the cross. Allaah, the Glorified and the Exalted, negated this false belief in His Noble Book when He, the Glorified and the Exalted, stated:

“…but they killed him not, nor crucified him, but the resemblance of 'Iesa (Jesus) was put over another man (and they killed that man), and those who differ therein are full of doubts. They have no (certain) knowledge, they follow nothing but conjecture. For surely; they killed him not [i.e. 'Iesa (Jesus), son of Maryam (Mary)]
[an-Nisaa 4:157]

And Allaah is the Source of all Strength. May the Peace and Blessings of Allaah be Upon Our Messenger, Muhammad and Upon his Family and Companions.

Permanent Committee of Senior Scholars for Research and Religious Rulings
Signed:

President: ‘Abdul-Azeez bin Abdullah bin Baaz
Vice President: 'Abdul-Razaaq ‘Afeefee
Member: 'Abdullah bin Ghudayaan
Member: 'Abdullah bin Qa’ood

[2/119 (Fatwaa No. 2245)]




[1] George was adopted as the patron saint of soldiers after he was said to have appeared to the Crusader army at the Battle of Antioch in 1098. Many similar stories were transmitted to the West by Crusaders who had heard them from Byzantine troops, and were circulated further by the troubadours. When Richard 1 was campaigning in Palestine in 1191-92 he put the army under the protection of St George (i.e. this man was a figurehead in mutilating Muslims and this is what the flag represents). Taken from http://www.britannia.com/history/stgeorge.html
[2] NOTE: Most football and sport clothes have Haraam images such as crosses and other symbols of Kufr. It may also be Haraam to wear because of the presence of an image of an animal (i.e. lions, roosters, alligators etc.) or the name of an immoral person.

Thursday, June 05, 2014

Ruling on Wearing Sport Clothes with Images and Names of non-Muslim Players

Question: What is the ruling on wearing sports clothes which have symbols that are exclusive to the Kuffaar, such as a shield which has symbols that are exclusive to Italy or Germany or America etc. or on clothing which have the names of sports players who are non-Muslim?

Answer: Wearing clothes which are worn by the Kuffaar can fall into one of three categories;

1)     Either the symbols on the clothing have signs or symbols which are exclusive to the religions of the Kuffaar, such as crosses and the likes; then this is not permissible for us to wear, import, buy or sell.
2)    If the symbols on the clothing have praise and honour for players that are Kuffaar, such as having their picture on them or if their name is written on an item of clothing and the likes, then this is also Haraam based on the reasons stated.
3)    If the clothing doesn’t have any symbols of praise or magnitude for the Kuffar then there is nothing wrong with wearing these.
And Allaah is the Source of all Strength. May the Peace and Blessings of Allaah be Upon Our Messenger, Muhammad and Upon his Family and Companions.

Permanent Committee of Senior Scholars for Research and Religious Rulings

Signed:
President: ‘Abdul-‘Azeez bin ‘Abdullah bin Baaz
Member: ‘Abdullah bin Ghudayaan
Member: Saaleh al-Fawzaan
Member: ‘Abdul-‘Azeez aal ash-Shaykh
Member: Bakr Aboo Zayd

[24/25 (Fatwa Number 16585)]

Shaykh Muhammad bin Saaleh al-‘Uthaymeen [May Allaah have Mercy on him] was asked:

Question: What is your view on the Muslim youth today who wear sports clothes with symbols that are specific to Kuffaar countries or they contain the name of Kuffaar players or these items of clothing may contain wording which show partisanship based on the club or country they support. What is strange is that these are from the habits of the Kuffaar which we have adopted. Benefit us, may Allaah aid you.

Answer: These aspects may fall under one clearly allying with the Kuffaar; moreover one who does these acts, meaning those who have honour or praise in their hearts for Kuffaar players, could have their Eemaan negated or at the very least, have their Eemaan decreased. What is obligatory for us as Muslims is to leave off wearing these types of clothes and not to buy or sell them. Allaah has made various different types of clothes permissible for us, so we should find solace in these. The reason being is that if we wear these types of clothes mentioned in the question, then this is a form of showing praise and honour to the Kuffaar. Our companions has stated that taking pictures of them, or honouring their names, or wearing their clothes are ways of us showing honour and praise towards them, something they wouldn’t do towards us.

Secondly, these sports teams have these kits as a way of taking our wealth and this is a huge mistake. If you look at the wardrobe of some people you will find their wardrobes full of sports clothes from the teams they support or the players they like, and this what our brothers have informed us occurs at the end of nearly every season. So the clothes we have should be sufficient for us and that which are compliant with our religion and in accordance with the guidance of our Prophet [Peace and Blessings of Allaah be Upon him].

[Liqaa’ Shahriyyah (2/Question 11)]

Shaykh Saaleh bin Fawzaan al-Fawzaan [May Allaah Preserve him] was asked:
Question: What is the ruling on those who wear the clothing of the Kuffaar and some of them have the names of Kuffaar players on them, however they do not intend to be like them or resemble them?

Answer: This is honouring and showing respect for the Kuffaar. As long as these clothes have the names of these Kuffaar players or a picture of them, then this is honouring them. Based on this, it is not permissible and at very least it is Haraam.  If honouring them or respecting them increases, then I fear that it could even lead to apostasy.


[Question and Answers after the Explanation of the book ‘Tatheer al-‘Itiqaad an Adraan al-Ilhaad’ (Tape 9)]

Thursday, April 04, 2013

Ruling on Inflating Prices and Being Deceitful in Order to Gain Customers

Questions asked to Shaykh ‘Abdur-Rahmaan bin ‘Abdullah al-‘Ajlaan [May Allaah Preserve him]
Former Member of Permanent Committee of Senior Scholars, Saudi Arabia
Teacher in Masjid al-Haram in Makkah al-Mukarramah since 1410/1989

Question:  I rent a car and I live in a hotel. The hotel receptionist gets me customers who need a lift to the airport for a fee of 200 Saudi Riyals. I accept these customers and I run this part-time taxi service on a condition that the receptionist takes 50 Riyals without the customer knowing. What is the ruling on this?

Answer: No, my brother, is not permissible. Consult yourself and ask you heart. This is deception for the customer because you have agreed a price with him but you’ve taken this money and split it amongst yourselves. The passenger doesn’t know the true price so by doing this the receptionist is deceiving him by saying it will cost you 200 Riyal but in actual fact, it doesn’t. So he agrees, therefore you have deceived him. If the true price is 150 Riyal but you take 200 Riyal then you have assisted in this deception, you have taken from his wealth and this extra payment is not permissible for you.
 
It is for the Muslim to Fear Allaah, the Glorified and the Exalted, and not to earn anything and include in his wealth which is Haraam for himself. This is because if anything Haraam enters into your wealth then your entire wealth will become tainted and it could even destroy it altogether.
 
It could even be that due to this small amount of profit and gain, your entire wealth will be ruined because of your deception, without you even realizing it. Had you explained the truth from the beginning to the customer then you would have been protected from all of these reservations.
 
So it is upon the Muslim fear Allaah, the Glorified and the Exalted, and not to deceive his Muslim brother or assist in doing so. Some people do these types of things and they claim that they have not taken anything except what was his due right and I am helping someone who is poor (i.e. the receptionist). However, you can’t have the right to take peoples wealth whilst being deceitful and/or assisting in deception. Therefore, doing this is not permissible for you.

[Sharh ‘Iddah Baahith Fee Ahkaam al-Muwaarith, tape 228, 37mins-40mins]

Thursday, March 21, 2013

Ruling on Praying in Trousers

The Scholars are Agreed That if Ones ‘Awrah is Covered, Then his Salaah is Correct.

It says in the Hanafee book, ad-Daar al-Mukhtaar (2/84):
“It doesn’t affect the validity of the prayer if one prays in a garment that sticks to ones limbs.”

Imaam an-Nawawee states in al-Majmoo’ (3/170), a Shaafi’ee book:
“If one covers his ‘Awrah [TN: the area between the navel and the knee for the man, and the whole body is ‘Awrah for the woman in front of non-Mahram men and in front of Mahram men and their women, then they can only show their hands, forearms, feet, calf, neck and above, see: al-Mughni, 3/7; al-Istidhkaar, 2/197; al-Majmoo’, 3/173; al-Mawsoo‘ah al-Fiqhiyyah, 24/173] but the shape can be defined then the Salaah is still correct; Ad-Daarimee said that it is not valid if the person praying is wearing a garment that defines the persons shape but this is incorrect.”

It says in Haashiyah al-Dasooqee (2/309), a Maalikee book:
“Praying Salaat in clothes that define the ‘Awrah is correct; however it is extremely disliked to do so.”

It says in al-Haashiyyah al-Rawda al-Murrabi’ (1/494) by Ibn Qaasim, a Hanbali book: 
“The Madhab of the Hanbalees is the same view of the other three Madhabs, Aboo Haneefah, Maalik and Shaafi’ee [May Allaah have Mercy on them all], as long as the persons ‘Awrah and the colour of his skin is not made apparent from looking at his clothes, then the Salaah is correct because it can’t be avoided.”

Shaykh ‘Abdul-‘Azeez bin Baaz [May Allaah have Mercy on him] said:
“…And likewise, wearing trousers, if it covers your ‘Awrah then the Salaat is correct even if one is wearing trousers that are an imitation of what the Kuffaar wear.”

[Noor ‘ala Darb (12/24)]
Shaykh Muhammad bin Saaleh al-‘Uthaymeen [May Allaah have Mercy on him] said about women praying in trousers:

“If they are wide and don’t define her shape, otherwise there will be a gap between one leg and the other, this would mean that she is not covered properly (as the shape of her body can still be defined and thus not being covered properly.) Also, there is also another fear that there may be imitation being involved, women looking like men, as in origin, trousers are only worn by men (i.e. she maybe sinning in wearing them).”
[Majmoo’ al-Fataawa Ibn ‘Uthaymeen (12/186)]

Shaykh Saaleh al-Fawzaan [May Allaah Preserve him] was asked:
What is ruling on praying in trousers?

He replied:
As long as it covers your ‘Awrah then the condition for prayers have been accomplished. A condition for praying is that the ‘Awrah is covered. If it is tight or you can see the shape of his legs then that it is another issue, but if you wear trousers the condition for praying has been accomplished. It is perhaps better to leave things like this, such if ones clothes are tight or he is able to do Sujood or Rukoo if his trousers are tight

[Mukhstasar Zaad al-Ma’aad, Tape 12;  Mins (1/11/1430)]
Shaykh ‘Abdul-Kareem bin ‘Abdullah al-Khudayr [May Allaah Preserve him] said:

What is required is to fulfil the condition of covering your ‘Awrah. The whole body of the women is considered to be her ‘Awrah with the people of knowledge, but the question is; what is the ruling on her wearing trousers?
The people of knowledge have stated this is Haraam as it involves imitation. So if it is Haraam then how can a Muslim draw closer their Lord by wearing something that He has prohibited and made forbidden? Even if there is no specific evidence to suggest that wearing them is prohibited, general principles found within the guidelines of Shar’eeah in regards to clothing help us give us an understanding.

So if there is something prohibited in and of itself or it is prohibited and violates one of the conditions of the act of worship, then doing it with this prohibition means that act of worship is then nullified.
However, if one preformed an act of worship whilst doing something prohibited, but this prohibition has nothing to do with fulfilling the conditions of the act of worship they are performing, such a man covering his ‘Awrah with a garment made out of silk for example, then does this situation and its ruling effect the validity of the man’s Salaah, knowing that in general wearing silk is Haraam? Another example is that a man prays Salaah whilst wearing a golden ring etc.

The scholars differentiated; if the thing that this person does is prohibited in and of itself or he contradicts the conditions of the act of worship he is preforming, then this act of worship is nullified. This is because the people of knowledge have stated that the act of worship must fulfil its conditions for it to be accepted, so covering the ‘Awrah is a condition for the Salaah to be correct, thus this must be covered otherwise his Salaah will be invalid.
http://www.khudheir.com/text/1257

It is better to wear a long shirt or jacket, something that will be worn over your body that will cover the shape of your 'Awrah

Shaykh ‘Abdul-‘Azeez bin Baaz [May Allaah have Mercy on him] also said:
“It would be better if the one wearing trousers wore a long shirt over his trousers because this helps cover himself in a better way.”

Shaykh Muhammad Naasir ad-Deen al-Albaanee [May Allaah have Mercy on him] said, “It would be better if they wore a long shirt over their trousers which would reach their knees, like the Pakistani dress because this helps him cover himself better.”

[Silsilah Hoodaa wa an-Noor (Tape 6)]
And Allaah Knows Best

Thursday, December 27, 2012

Fiqh of Obeying Traffic Laws

Maintaining manners on the Road, this is a Sign of Piety.

“And walk not on the earth with conceit and arrogance. Verily, you can neither rend nor penetrate the earth, nor can you attain a stature like the mountains in height.” [Israa 17: 37]

And the slaves of the Most Beneficent (Allah) are those who walk on the earth in humility and sedateness, and when the foolish address them (with bad words) they reply back with mild words of gentleness.” [Furqaan 25:63]
And be moderate in the way you walking, and lower your voice. Verily, the most unpleasing of voices of all voices is the voice (braying) of donkeys.” [Luqman 31:19]

Al-Allaamah Taahir Ibn ‘Aashoor [May Allaah have Mercy on him] said:
After Luqmaan advices his son on the manners that he should have, he advises his son to beware of having manners that are blameworthy, blameworthy manners in speech and action. So when we walk, we are commanded here to walk with manners, thus when walking we don’t walk with a swagger or with pride, nor do we walk as if we are lost, creeping instead of walking. Therefore, we are commanded here to walk with humility and a purpose.

[Adapted from Tahreer wa Tanweer 22/168-169]
It is obligatory for drivers to follow the highway or traffic codes

It says in Ashbaah wa al-Nathaa’ir (Pg. 233) by Imaam as-Suyootee [May Allaah have Mercy on him]:
“There is a principle in Sharee’ah, which is; ‘The ruler may legislate new laws in order for the betterment for the people.’” End Quote.

Shaykh ‘Abdul-‘Azeez bin Baaz [May Allaah have Mercy on him] said,
“It is not permissible for the Muslim to break the laws set by the government in relation to highway codes, because by doing so, one places himself and others in great danger. The country, may Allaah help it, have derived these laws in order for the betterment and the safety of its people, to remove harm from the Muslims, so it is not permissible for any person to contradict or break these laws. Moreover, it is from those in authority to place punishments for those who break these laws.”

[Fataawaa Islaamiyyah 4/536]
Shaykh ‘Abdullah bin ‘Abdur-Rahmaan al-Jibreen [May Allaah have Mercy on him] said,

“It is not permissible for drivers to break the highway code or from them to cover their license plates with things that may obscure it, in order to avoid accidents and harm from the people. Likewise, it is not permissible for them to go through red lights or vandalise road signs…If one knows the purpose behind such laws and the intent behind them, then it is not permissible for him to break these laws because by doing so he is disobeying the ruler, laws that he has set up in order to maintain safety and remove harm and dangers for the people. Whoever breaks these laws is should be faced with punishments and repercussions from the government by the way of fines or sentences.”
[Mujallah ad-Da’wah (1625)]

Ruling on Drifting

Shaykh ‘Abdullah bin ‘Abdur-Rahmaan al-Jibreen [May Allaah have Mercy on him] was asked:

We see, May Allaah Preserve you, that drifting has become widespread. My question is, what is the ruling on drifting and what is ruling on one who dies as a result of drifting, either spectating or whilst drifting?

He answered: There is no doubt that drifting is a dangerous thing and people doing it have killed many and have harmed many others.  So it is not permissible because of these consequences to drift and whoever dies because of drifting or he was the one who was drifting then he has the same ruling as one who commits suicide or one who causes harm to others. Those who support him or praise his drifting are also sinners because of this. And Allaah Knows Best.

[Fatwaa Number 6054]

Ruling on Driving on the Opposite Side of the Road

What is the ruling on driving on the opposite side of the road, whether it is a main road or a side street? And what is the ruling on going through red lights? Benefit us, may Allaah Reward you with good.

Answer: It is not permissible to break the Highway Code because these laws have been introduced in order to benefit the Muslims and by breaking these laws you are disobeying the ruler. And Allaah has ordered us to obey him in goodness as He, the Most High, says:

“O you who believe! Obey Allaah and obey the Messenger, and those of you (Muslims) who are in authority” [an-Nisaa 4: 59]

And Allaah is the Source of all Strength. May the Peace and Blessings of Allaah be Upon our Messenger Muhammad, his family and his companions.

Permanent Committee of Senior Scholars for Research and Fatwaa

Signed:

Chairman: ‘Abdul-‘Azeez bin ‘Abdullah bin Baaz
Vice Chairman: ‘Abdur-Razaaq ‘Afeefee
Member: ‘Abdullah bin Ghudayaan
[Fatwaa Number 17362]

Drivers are not allowed to speed limits set by the authorities, rather he must drive with integrity and serenity 
Shaykh Muhammad bin Saaleh al-‘Uthaymeen [May Allaah have Mercy on him] said:

In origin, it is obligatory for drivers to abide by the set speed limits that have been set in certain areas, this is because this is part of obeying the ruler as Allaah, the Most High, has said:
“O you who believe! Obey Allaah and obey the Messenger, and those of you (Muslims) who are in authority” [an-Nisaa 4: 59]

[Fataawaa and Advices for those on Holiday and those Travelling, (Pg. 80)]
To Lower ones voice, sight and to remove any harm from the path

And be moderate in the way you walking, and lower your voice. Verily, the most unpleasing of voices of all voices is the voice (braying) of donkeys.” [Luqman 31:19]
As for the meaning of voice of donkeys, then this refers to the speech of a person, if he is loud and unmannered in the way he talks, then this is the resemblance given to this characteristic, that of a donkey.

[Adapted from Tahreer wa Tanweer 22/168-169]
The Prophet [Peace and Blessings of Allaah be Upon him] said, “I have seen a man in Jannah because he removed a piece of a tree from the path which was harming the people.” [Muslim (1914]

It has also been narrated that Aboo Barzah [May Allaah be Pleased with him] asked the Prophet [Peace and Blessings of Allaah be Upon him] for advice on a good deed that he can do, and he [Peace and Blessings of Allaah be Upon him] replied by saying, “Remove things that are harmful from the paths of the Muslims.” [Muslim (654)]
It is narrated that Hudhayfah bin Usayd [May Allaah be Pleased with him] said that the Prophet [Peace and Blessings of Allaah be Upon him] said, “Whoever harms the Muslims in their paths then he becomes deserved of curses upon him.” [Haythamee in al-Majma (1/204) and it was Classed Saheeh by al-Albaanee in Saheeh at-Targheeb (148)]

In another hadeeth on the authority of Aboo Hurayrah [May Allaah be Pleased with him], that the Prophet [Peace and Blessings of Allaah be Upon him] said, “Fear the two curses!” they asked, “What are the two curses?” He replied, “Those who pay no attention to the paths/roads of the Muslims and the shadow they benefit from.” [Muslim (269)]
Roads don’t belong to anyone person rather they are for everyone to benefit from. Therefore, we must be considerate of others.

The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter.[Maaidah 5:33]
The Prophet [Peace and Blessings of Allaah be Upon him] said, “Whoever picks up arms against us then he is not from us.” [al-Bukhaaree (6366)]

Seatbelts must be worn and anything to Prevent Harm must be preserved
Shaykh Saaleh al-Fawzaan [May Allaah Preserve him] said,

“If the seatbelt protects one in the event of an accident then this is something and good and it is obligatory for the Muslim to wear it. This is because it is a cause of prevention and Allaah, the Most High, commands us to take our precautions. Seatbelts are a beneficial prevention so it is Waajib, from the aspect that the ruler has commanded us to wear them then this falls under obeying the ruler and from another aspect, it is a beneficial prevention against possible harm. Yes.”
[http://www.youtube.com/watch?v=6gnPSVsvAz8]

General Guidelines set by Majma’ al-Fiqhiyyah
In its eight annual gathering for 1414 AH, the Majma’ al-Fiqhi al-Islaamee, it concluded the following regarding traffic laws and safety:

1)
a) It is not permissible to break the laws set by the government as they are in line with Sharee’ah. Breaking these laws is disobeying the ruler which constitutes punishments on the basis that those who break the law are being dangerous to themselves and others. Therefore, it is obligatory to abide by these laws.

b) Part of maintain safety on the roads the authorities must instill punishments for those who break the set laws. This may include fines and the likes.

2)  
Accidents that may occur on the road fall under the rulings set in Sharee’ah which has rulings on felonies and physical harm caused to others. The driver is responsible for the harm he causes, whether this is physical or monetary harm, whether the accident was done on purpose or was accidental. Harm that he causes doesn’t lift responsibility from the driver except in one of certain situations:

-If the accident occurred due to someone else hitting him with force and he was unable to prevent it

-If there was harm which he was unable to prevent and the accident was a result of it.

-If the accident occurred without him transgressing traffic laws, then the accident was not done on purpose and may be absolved of responsibility or part reasonability.

3)
If one causes harm or hits an animal whilst driving then the driver is responsible and must replace the animal or pay a fee to the owner. This is case if he hadn’t broken any laws or wasn’t negligent. However, the case should be returned to the court and a Qaadee.

4)
If two parties have an accident then both parties must take a proportionate share of the blame. The portion of the blame must equate to financial reimbursement for repair to damages.

[Number 71, Pages 162-164]
[Based on an article written by Dr. Musfar bin ‘Alee al-Qahtaanee (Allaah Preserve Him)] http://www.saaid.net/Doat/msfer/2.htm#[16]