Will a Muslim who is killed wrongfully or treacherously or as a result of his house collapsing on him be a martyr?

I know if a Muslim is killed by defending himself against an enemy
then insha Allah he dies as a martyr. Also if he dies by drowning,
stomach disease he also dies as a martyr. However if a Muslim is
killed unexpectedly without being able to defend himself, for instance
if he was killed from behind him would he still be considered as a
martyr? Also in the case of the Gaza bombings, the Muslims that are
killed by being bombed in their houses without expecting it, therefore
not being ableto defend themselves are they also considered as
martyrs?.
Praise be to Allaah.
Firstly:
Every Muslim who is killed wrongfully will have the reward of the
martyr in the Hereafter, but in terms of this world, he is to be
washed and the funeral prayer offered for him, and he is not to be
dealt with in the same manneras one who was killed inbattle.
It says in al-Mawsoo'ah al-Fiqhiyyah (29/174):
The fuqaha' are of the view that wrongdoing or injustice mean that the
one who is killed in such ways is deemed a martyr, but not in the same
sense as the martyrwho is killed in battle with the kuffaar. Kinds of
unlawful killing include one who is killedby thieves, criminals or
bandits; one who is killed defending himself or his wealth or his life
or his religion or his family or the Muslims or ahl al-dhimmah
(non-Muslims living under Muslim rule); or one who is killed trying to
prevent injustice; or one who dies in prison who has been imprisoned
unlawfully.
They differed as to whether he is regarded as a martyr in this world
and in the Hereafter, or as a martyr in the Hereafter only.
The majority of fuqaha' were of the view that the one who is killed
unlawfully is to be regarded as a martyr in the Hereafter only. He
comes under the same ruling as the martyr in battle with the kuffaar
in the Hereafter with regard to reward, but hedoes not come under
thesame ruling in this world, so he is to be washed (ghusl, after
death) and the funeral prayer is to be offered for him. End quote.
In order to attain the reward of the martyrs it is not essential for
the one who is killed to havebeen in a confrontation with those
aggressors. If they kill him unawares, then he will be deserving of
the reward of the martyrs, in sha Allaah.
Among the evidence for that is the fact that 'Umar ibn al-Khattaab was
stabbed by Abu Lu'lu'ah al-Majoosi whenhe was leading the Muslims in
Fajr prayer, and 'Uthmaan ibn 'Affaan was killed by those who had
rebelled against him unlawfully, and the Prophet (blessings and peace
of Allaah be upon him) described them as martyrs.
It was narrated that Anasibn Maalik (may Allaah be pleased with him)
said: The Prophet (blessings and peace of Allaah be upon him) climbed
up Uhud, accompanied by Abu Bakr, 'Umar and 'Uthmaan, and the mountain
shook with them. He struck it with his foot and said: "Stand firm, O
Uhud, for there is no one on you but a Prophet or a Siddeeq or two
martyrs." Narrated by al-Bukhaari (3483).
Shaykh Muhammad ibn Saalih al-'Uthaymeen (may Allaah have mercy on
him) said: By "Prophet" he was referring to himself, "Siddeeq" was Abu
Bakr and the "two martyrs" were 'Umar and 'Uthmaan, both of whom(may
Allaah be pleased with them) were slain asmartyrs. 'Umar was
killedwhen he was leading the Muslims in Fajr prayer, and he was
killed in the mihraab. 'Uthmaan was killed in his house. May Allaah be
pleased with them both and join us and the righteous Muslims with them
in the abode of eternal bliss. End quote.
Sharh Riyadh al-Saaliheen, 4/129, 130
Secondly:
With regard to our brothers in Gaza whose houses collapsed on them, we
hope that theywill be martyrs for two reasons:
1. They were slain unlawfully
2. The Prophet (blessings and peace of Allaah be upon him) said:
"the one who is crushed beneath a falling wall is a martyr." Narrated
by al-Bukhaari (2674) and Muslim (1914).
We would not be exaggerating if we add a third reason, which is that
they were killed by the kuffaar on the battlefield, so they will be
martyrs in this world and in the Hereafter, because all of Gaza was a
battlefield.
Prof. 'Abd al-Rahmaan ibn Gharmaan ibn 'Abd-Allaah (may Allaah
preserve him) said:
The view of the majority of Hanafis and Hanbalis, the correct view
according to the Maalikisand the view of the Shaafa'is is that the one
who is slain in war but not on the battlefield is a martyr in the
general sense, regardless of the way in which he was killed, whether
he was unaware or sleeping, whether he was engaged in fighting or not.
What seems to me to be the case -- and Allaah knows best -- is that
the view of the majority is correct, because there is no clear
evidence that the killing should be in battle. End quote.
Ahkaam al-Shaheed fi'l-Fiqh al-Islami, 103-106
We ask Allaah to accept them as martyrs and to defeat the Jewish
aggressors and enable us to prevail over them so that we might rule
over them in accordancewith His justice.
And Allaah knows best.

Is it obligatory for him to migrate from the West when his mother and family need him?

I need some good advice. Praise be to Allah, I am in a situation where
it is possible for me to go to the Kingdomof Saudi Arabia and
fulfilthe obligation of Hajj. I have two master's degrees and also a
bachelor's in teaching English as a foreign language, and the Kingdom
of Saudi Arabiawill accept me as an English-language teacher, in sha
Allah. I have got some good offers and I am about to leave.
But my mother is ill with fourth stage cancer and my father travels a
great deal for his work. I have younger brothers and a sister, but
they are very young and cannot help my mother and meet herneeds. My
mother loves my wife and my child and she wants to be always near
them, but my mother does not want to live in Saudi Arabia; she wants
to complete her treatment here in the USA, and she hates "the Arab
race"! I do not want to live in the USA more than that, because I fear
for my religious commitment. If I stay I will work in a mixed high
school whichis a source of fitnah (temptation). I am very anxious
because they could prevent me from praying Jumu'ah. There is a Muslim
community very near my family (Masjid at-Tawheed in Atlanta), but I do
not want to live in the West any more. I also have a debt (student
loan) that Ihave repay and I know that it will be impossible to pay it
in this country, but in Saudi Arabia I maybe able to save money insha
Allah.
What should I do?.
Praise be to Allaah.
Firstly:
We ask Allah to make you and your family steadfast in adhering to
Islam and to enable you to obey Him. The one who is able to adhere to
his religion in these days– especially in the West –is like one who is
holding onto a hot coal. You have to fear Allah in secret and in
public, and hasten to do good. Ask Allah a great deal to make you
steadfast and Allah will help you and protect you.
The Muslim has to migrate for the sake of his religion from the lands
of kufr and shirk. This life is very short andno one knows when his
time will be up and death will come to him.
It was narrated that Jareer ibn 'Abdullah said:The Messenger of Allah
(blessings and peace of Allah be upon him) said: "I have nothing to do
with any Muslim who settled among the mushrikeen."
Narrated by at-Tirmidhi, 1604; Abu Dawood, 2645. Classed as saheeh by
al-Albaani in Saheeh at-Tirmidhi.
For more information onthis topic, please see the answer to question no. 27211 .
What appears to be the case is that there is nothing wrong with
youremaining in that country, at least during this period, until your
mother's treatment is over or you convince herto move with you, or
sheno longer needs to have you beside her. That will fulfil a number
of purposes, in sha Allah, namely:
1. Pleasing your mother, which is in accordance with Islamic
teachings to treat one's mother kindly, take care of her and honour
her. Allah says (interpretationof the meaning): "And your Lord has
decreed that you worship none but Him. And that you bedutiful to your
parents. If one of them or both ofthem attain old age in your life,
say not to thema word of disrespect, norshout at them but address them
in terms ofhonour. And lower unto them the wing of submission and
humility through mercy, and say: My Lord! Bestow on them Your Mercy as
they did bring me up when I was small" [al-Isra' 17:23-24].
2. Being in charge of treatment for your mother. Perhaps you
willnot be able to find anyone who could take care of her and look
after her affairs except yourself, and perhaps your absence would make
her grief, pain andsickness even worse. This action is a kind of
jihad. It was narrated that 'Abdullah ibn 'Amr said: A man came to the
Prophet (blessings and peace of Allah be upon him) and asked him for
permission to go for jihad. He said: "Are your parents alive?" He
said: Yes. He said: "Then your jihad is with them." Narrated by
al-Bukhaari,2842; Muslim, 2549.
3. Your staying is also in the best interests of your younger
brothers and sisters, because theyneed constant care and advice. They
are far removed from temptation at present, and they need someone to
teach them to adhere to righteousness and chastity.
With regard to what yousaid about the debts thatyou owe, whoever gives
up something for the sake of Allah, Allah will compensate him with
something better than it.Allah, may He be exalted,says (interpretation
of the meaning):
"And whosoever fears Allaah and keeps his duty to Him, He will make a
way for him to get out (from every difficulty).
3. And He will provide him from (sources) he never could imagine. And
whosoever puts his trust in Allaah, then He will suffice him"
[al-Talaaq 65:2-3].
See also the answers to questions no. 5046 , 169551
Secondly:
What matters is not the amount of money; rather it is the barakah
[blessing] that Allah instils in it. If Allah blesses a small amount,
it will suffice you, but if He takes the barakah away from a large
amount, you will be poor.
You do not have to workin a place in which thereis mixing; rather try
to find work in an Islamic centre, for example, or serving the Muslim
community, or other types of work that free of things that are not
allowed.
You should move to the Muslim community that is close to your family,
asyou mentioned. That willbe good for you and for your family.
All of this applies if it is too difficult for you to convince your
mother and father to migrate. If you can do that, then do not hesitate
to leave andmigrate, so as to protect your religious commitment,
yourself and your honour.
There is nothing wrong with your taking them for 'Umrah or Hajj; this
may open the door to good for you and for them. It may make them
change their minds about living in the country and it may change their
opinion about "the Arab race." We ask Allah to choose good for you and
to helpyou to attain it.
And Allah knows best.

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And Allah Knows the Best!

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Health - Historic survey to shed light on drug use

Fairfax Media, owner of The Sunday Age , is partnering with the Global
Drugs Survey, created by Adam Winstock, a psychiatrist and researcher
based in London, to help create the largest and most up-to-date
snapshot of drug and alcohol use in Australia, and how we compare with
others.
Dr Winstock said last year's survey, which 15,000 people filled out
globally, including 500 from Australia, showed that, for many, drug
use was characterised by confusion and dishonesty.
''People are appalled at knowing how their druguse compares to other
people,'' he said.
''My favourite statistic from last year was 20 per cent of people who
were alcohol dependent using the World Health Organisation screening
tool thought their drinking was average orless than average.''
Nearly 40 per cent of people who had been asked about their drug use
by their GP either lied and said they never used drugs, or downplayed
their use. About 22 per cent of alcohol drinkers did the same.
The survey is being launched in Australia today, and will also be run
in the US, in partnership with NBC, and in Britain with The Guardian ,
Mixmag and the Gay Times .
Dr Winstock said he created the project to capture a broader snapshot
of drug use than is usually available.
''Most governments are interested in drug-use patterns among the
sickest and most disadvantaged.
''But that represents a fraction of the people who use drugs,'' he said.
Results of the survey have been published in the British Medical
Journal , The Lancet and Addiction , and have helped produce a project
called the drugs meter, where people canfind out how their drug use
compares with that of others.
New research shows drug and alcohol treatments have increased in
Australia over the past year, with alcohol the drug most likely to get
people into trouble.
Almost half the drug treatment episodes in the 2010-11 financial year
were for alcohol problems, according to data released by the
Australian Institute of Health and Welfare.
There were about 150,500 treatment sessions in that time, up from
about 145,600 the year before.
You can take part in the global drugs survey overthe next month by
goingto theage.com.au. The Australian results will be published
exclusively by Fairfax early next year.
Drugs covered by the survey include cocaine, ecstasy, cannabis,
ketamine, mephedrone, alcohol, tobacco, ''legal highs'' and
prescription medicines such as temazepam and opioid painkillers. The
survey is anonymous and secure, and takes about 20 to 25minutes to
complete.

Health - Dangerous new drugs sold on web 'silk road'

DANGEROUS new psychoactive drugs are emerging in Australia at a
breathtaking rate, say experts conducting groundbreaking research into
online drug sales.
The drugs can be toxic tothe brain and are often untested on humans,
and unsuspecting users are buying them without knowing what they
contain or what effect they will have.
About four new chemicalsubstances, and 10 retail outlets selling them
to Australians, are emerging each month, Tasmanian researchers have
found.
And research by the National Drug and Alcohol Research Centre has
found that the "silk road", an online black-market trading site, is
expanding at a similar rate.
A senior lecturer at the University of Tasmania, Raimondo Bruno, said
the size of the online drugs market, and the risks posed by the
drugs,scared him.
"People are dabbling in a wide range of substances we don't really
have a lot of human data on," he said."Some of these products are
known to be neurotoxic, even in animals."
Dr Bruno said there appeared to be two types of sales: specific
chemicals, for which more than 78,000 searches originate in Australia
each month, and "blended" drugs, forwhich about 18,500 searches are
made.
He said the blended drugs, sold under generic brand names, were
particularly unpredictable. "Almost all the drugs we're talking about
haven't had any history of human testing - a coupleare failed
antidepressants or otherdrugs," he said. "
Because the blends don'tstate the content, or they state misleading
content, you can buy something one week and go back to the same seller
and buy the same brand and it can be different."
Dr Bruno will present hisresearch at the Australasian
ProfessionalSociety on Alcohol and other Drugs Conference in Melbourne
on Wednesday.
The executive director ofthe Australian National Council on Drugs,
Gino Vumbaca, said the new drugs posed a significant risk,
particularly as long-termhealth outcomes were unknown.
"A lot of these drugs are marketed as a legal alternative, and people
think they're legal and that there's less risk," he said. "They assume
it's gone through some kindof pharmaceutical procedure."
He said research indicated most of the new compounds were coming from
China and India, and retailers knewif someone was hurt by their
products there were plenty more users to take their place.
A researcher at the National Drug and Alcohol Research Centre at the
University of NSW, Joe Van Buskirk, who is also presenting at the
conference, said he had found an average of about 15 new sellers a
fortnight on the silk road willing to ship drugs to Australia.
The silk road exists on what is known as the ''dark'' or ''hidden''
web,operating on a membership basis and using an alternative currency.
"In order to sell anything, or even buy anything, you have to gain the
trust of the forums beforehand,'' Mr Van Buskirk said.
International and domestic sellers sold there, although international
sellers offered cheaper prices.
He said the drugs sold tended to be older drugssuch as cannabis, which
he was surprised to find was the most common product.
Figures from the Australian Customs and Boarder Protection Service
show cannabis isthe second most common drug caught in cargo and postal
importation, with the number of captures increasing by 86 per cent in
the past three years.

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