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Tuesday, December 4, 2012

Sacrificing Animals

All Praises is due to Almighty Allah SubHanuhu wa Ta'ala, Peace and
Blessings be upon the most perfect of creations, His Beloved Habeeb,
Sayyiduna Rasoolullah SallAllaho Alaihi wa Sallam his noble Family and
the illustrious Sahaba Riwanullahi Ta'ala Alaihim Ajma'een and all the
pious servants of Almighty Allah SubHanuhu wa Ta'ala.
LAWFUL AND UNLAWFUL ANIMALS
I. Hadrat Jabir reported that on the day (battle) of Khaybar the
Messenger of Allah declared domestic asses, the flesh of mules, every
beast of prey and every bird which preys with its talon to be
unlawful. [Sunan Tirmidhi, Vol. 1, Page 273]
II. Hadrat Safinah reported, "I ate with the Messenger of Allah the
flesh of a bustard." [Mishkat, Page 361]
(a bird with a long neck, a long beak, grey-coloured, looks like a
goose in its appearance) – [al-Mu'jam al-Wasit – Page 151]
III. Hadrat Abu Musa reported, "I saw the Messenger of Allah
eatingpoultry." [Mishkat, Page 361]
IV. Hadrat Abu Qatadah reported that he saw a wild ass and killed it.
The Holy Prophet asked, "Have you any of its flesh?" They said, "We
have a leg." The Messenger of Allah was offered a piece, which
heaccepted and ate. [Mishkat, Page 359]
V. Hadrat Ibn-e-'Umar reported that the Messenger of Allah has said,
"Two dead creatures and two bloodshave been made lawful for us. The
two dead creatures are fish and locust and the two bloods are liver
and spleen." [Mishkat, Page 361]
VI. Hadrat Abu al-Zubair reported from Hadrat Jabir who reported that
the Messenger of Allah has said, "What the sea throws up and is left
by the tide (i.e. the fish) you may eat. But what dies inthe sea and
floats you must not eat." [Mishkat, Page 361]
VII. Hadrat 'Ikramah reported from Hadrat Ibn-e-'Abbas - saying he was
sure that he transmitted it back to theHoly Prophet - that he used to
order snakes to be killed and he used to say, "Whoever leaves them
fearing that they might come to take revenge does not belong to us."
(is not on our path) [Mishkat, Page 361]
VIII. Hadrat Abu Hurairah reported that the Messenger of Allah has
said, "Whoever kills a gecko with the first blow one hundred virtues
are recorded for him; and less if he kills it with the second; and
even less if he kills it with the third." [Mishkat, Page 361]
IMPORTANT NOTES:
1. It is Haram to eat Ghurab al-Abqa' - a type of crow that eats the
dead (like a vulture) as stated in al-Durr al-Mukhtar on Page 642 and
also in al-Mu'jam al-Wasit Page 647.
2. Mahuka[1] - a crow-like bird which resembles a cuckoo in its
features is Halal [Radd al-Mohtar]. This is because the latter eats
only grains and seeds whereas the common crow eats dead carcasses.
[al-Bahr al-Ra'iq – Vol. 8, Page 313, Fatawa-e-Razawiyyah – Vol. 20
Pgs. 319-320, Firozul Lughat – Page 1364]
3. All sea creatures exceptfish are all Haram, such asa crab or a
crocodile, an eel and so on. [al-Durr al-Mukhtar – Page 642]
4. There is disagreement amongst the scholars as regards prawn – is it
considered in the group of 'fish' or not? Thus, it is best to avoid
it.
5. If someone placed a substance (a chemical forexample) by which the
fish died, and it is knownthat the fish dided due tothe cuase of
placing that substance in the water, then that fish is still Halal.
[al-Durr al-Mukhtar – Page 642]
6. A rabbit is Halal to eat. [al-Hidayah Page 425, al-Durr al-Mukhtar Page 642]
HUNTING AND SLAUGHTER
I. Hadrat 'Adi ibn Hatim reported: I asked, "O Messenger of Allah!
Whenanyone of us catches a game and has no knife, can he cut its
throat with a flint and a splinter of a stick?" He said, "Let the
blood flow with whatever you like and mention the Name of Allah."
[Mishkat, Page 358]
II. Hadrat 'Adi ibn Hatim reported that the Holy Prophet has said,
"Eat whatever is caught for you by a dog or a hawk (but the prey is
not devoured by themselves) which you have trained and set off after
mentioning the Name of Allah. I asked: "Even though it kills it (i.e.
the animal)?" He said, "When it kills it without eating anything of
it, because it has caught it for you." [Mishkat, Page 358]
III. Hadrat Abu Hurairah reported that the Messenger of Allah has
said, "Whoever keeps a dog, except a sheepdog or a hunting dog or a
farm dog, a qiraat of his reward is deducted daily." [Mishkat, Page
358]
IV. Hadrat 'Abdullah ibn 'Amr ibn al-'As reported that the Messenger
of Allah has said, "Whoever kills a sparrow or any creature larger
than that,Allah will question him about killing it." It was asked: "O
Messenger of Allah, what is the right of (these) birds?" He said, "To
cut its throat and eat it, but not to cut off its head and throw it
away." [Mishkat, Page 359]
V. Hadrat 'Aisha reported that (some) people said, "O Messenger of
Allah! There are people here who have recently reverted from
polytheism. They bring tous meat and we do not know whether or not
they have mentioned the Name of Allah over it." Hesaid, "Mention the
Name of Allah yourselves and eat it." [Mishkat, Page 357]
VI. Hadrat Shaddad ibn Aws reported that the Messenger of Allah has
said, "Allah the Blessed and Exalted has decreed kindness for
everything. So when you kill, use a good method; and when you
slaughter use a goodmethod. You should sharpen the knife and give the
animal as little pain as possible." [Mishkat, Page 357]
IMPORTANT NOTES:
1. There are 4 veins cut when slaughtering an animal; the windpipe
(channel of breath), the gullet (channel of food and drink which lies
beneath the windpipe), and the 2 carotid arterieswhich are two blood
vessels on the sides of theneck encompassing the windpipe, they are
calledwadajain. [Bahar-e-Shari'at and al-Durr al-Mukhtar – Page 640]
2. If 3 from the 4 veins were cut or most part of each vein was cut,
then the slaughtered animal isHalal.
3. It is Haram to eat an animal slaughtered by aninfidel, a Wahhabi,
an apostate, Dehriyah or a neichri, and every other heretic.
4. A Hindu said, "This animal has been slaughtered by a Muslim,"then
to eat the animal is not permissible. If the Hindu said, "I have
bought this from a Muslim," then it is permissible to eat it. [al-Durr
al-Mukhtar – Page 640]
5. If one did not mention the Name of Allah purposely, when
slaughtering the animal, then the slaughtered animal has become Haram
to eat. If one unintentionally forgot to pray it then it is Halal.
[al-Hidayah Vol. 4 Page 419, Bahar-e-Shari'at]
6. Likewise, to slaughter in such a manner that theknife stroke
reaches the cerebellum (the brain) or the head is chopped off then it
is makruh (offensive) to eat the meat, though the meat is lawful (the
offensiveness is in the method of slaughtering not the meat).
[al-Hidayah, Bahar-e-Shari'at]
7. There are 22 things which are not permissible (to eat) from a
sheep, a cow, or any other animal slaughtered:
a) Guts.
b) Intestines.
c) Bladder.
d) Testicles.
e) Penis (the sign of a masculine).
f) Vagina (the sign of a feminine).
g) Anus.
h) Blood in the arteries/veins.
i) The blood that is in the meat, that is left even after the animal
has beensacrificed.
j) The blood of the heart.
k) Blood of the liver.
l) Blood of the spleen.
m) Gall bladder.
n) The bile (yellow substance) that is excreted from the gall bladder.
o) The gland.
p) Spinal Marrow (nukha').
q) The two muscles/tendons of the neck which stretch till theshoulders.
r) The moisture that is in the nose.
s) Semen and sperm, whether the sperm of themale is found in the
female (animal), or whether it is the animals own sperm/semen.
t) That blood which is created in the womb by semen.
u) That flesh which has formed in the womb by seminal fluid, whether
the flesh has developed abody (with its parts) or not.
v) That animal which has been fully developed in the womb, but which
came out (of the womb) dead, or died without slaughter.
8. It is permissible to eat the meat of an animal which has been
sacrificed with the name of Allah 'Azz wa Jall for the reward to be
sent to any Friend (Wali) of Allah.The condition is that the Name of
Allah is mentioned as such: "Bismillahi Allahu Akbar."
9. If a trained hunting animal brought down a game animal, then it is
lawful to eat it (the gameanimal) on the following conditions:
a. The hunting animal belongs to a Muslim and should also be trained
b. The animal did not die due to the pouncing upon it of the hunting
animal, but due to the wound made by the hunting animal
c.The trained hunting aninmal was set free after the hunter mentioned
the Name of Allah the Most Exalted ("Bismillahi Allahu Akbar")
d. The animal reached the hunter before it dies, and thence, he
mentioned the Name of Allah and then properly slaughtered it.
If any of the above conditions are not fulfilled; or if any condition
is not found then the animal shall be unlawful to eat.
[Khaza'inal-'Irfan – Sadr al-Afadhil al-Sayyid Na'im al-Din
al-Muradabadi]
10. The sign if an animal is for hunting or not is that if it is set
free to hunt, then it shall run towards the prey (game),and if it is
stopped then itstops. The trained hunting animal shall also leave the
hunted animal (prey) for its owner, and shall not eat anything from
it. This has been stated in Tafsir al-JalalainPage 93.
11. If an animal which has been shot with a gunor with a bow arrow
dies, then it is Haram to eat it. [Radd al-Mohtar, Bahar-e-Shari'at,
Fatawa-e-Qadi Khan]
12. Hunting for mere enjoyment, entertainment, or amusement is Haram;
whether the animal is shot with a gun or an arrow and whether it is
fishing occasionally, or rarely.
13. Some people when fishing, place fish or toads (both of which are
still living) into the rod tocatch large fish. This is prohibited as
one is giving pain to the animal. Likewise, some people catch fish by
placing live earthworms or maggots into the rod; this is also
prohibited. [Bahar-e-Shari'at – Vol. Chapter 17, Page 273]
14. Some people feel thatit is disliked to work as a butcher. This is
wrong, asthere is nothing transmitted from anyone to say that such an
occupation is disliked. [Bahar-e-Shari'at with reference from Radd
al-Mohtar]
SACRIFICING ANIMALS
I. Hadrat Zaid ibn Arqam reported that the companions of the Messenger
of Allah asked:"O Messenger of Allah! What is this sacrifice?" Hesaid,
"It is the practice of your father Abraham." They asked, "What is the
reward for us in it?" He said, "For every hair, you will be rewarded."
They asked, "for the wool, O Messenger of Allah?" He said, "For every
strand of wool you will be rewarded." [Sunan Ibn Majah, Vol. 1, Page
226]
II. Hadrat 'Aisha reported that the Messenger of Allah has said, "On
the day of sacrifice no one does a deed more pleasing to Allah than
theshedding of blood. The sacrifice will come on theDay of
Resurrection with its horns, its hairs and its hooves; and the blood
finds acceptance with Allah before it falls on theground." [Sunan
Tirmidhi, Vol. 1, Page 275]
III. Hadrat Hanash reported: I saw Hadrat 'Ali sacrificing two rams.
Iasked him: "what is this?"He said, "The Messenger of Allah had
enjoined me to sacrifice on his behalf; so I am sacrificing on his
behalf." [Mishkat, Page 128]
IV. Hadrat Abu Hurairah reported that the Messenger of Allah has said,
"Such a person who had the ability and means to sacrifice an animal,
but (despite this) he did not do so; should never come near our Eidgah
(place where the Eid prayers are performed)." [Sunan Ibn Majah, Vol.
1, Page 226]
V. Hadrat Umm-e-Salmah reported that the Messenger of Allah has said,
"when you see the new moon of Dhul Hijjah and one of you intends to
make sacrifice, he must not shave his hair, trim it, or clip his
nails." [Sahih Muslim, Vol. 2, Page 160]
IMPORTANT NOTES:
1. For the condition of sacrificing, the Malik-e-Nisab is the person
who possesses 52 ½ tolas (620 grammes) of silver or 7 ½ tolas (88
grammes) of gold; or they have the same amount equivalent to either of
the above item in value in business goods or non-business goods, which
are not goods that are the basic necessities of life. The wealth
and/or property should be 'extra'/above one's basic necessities
(hajat-e-asliyyah).
2. Nowadays, the price ofsilver is less. The price of silver in
current-day value is approximately £2per tola. Therefore, anyone who
possess the value of: £2 x 52 ½ tola = £105 - which exceeds his/her
basic necessities and also the debt which is to be paid back – then it
is wajib on such a person to sacrifice an animal.
3. Such a Malik-e-Nisab who has already sacrificed an animal on behalf
of himself, and thefollowing year he is still aMalik-e-Nisab then
again it is wajib upon him to sacrifice an animal on hisbehalf. This
ruling appliesfor each year (that sacrificing is wajib if a person is
a Malik-e-Nisab). It has been stated in a Hadith: "It is wajib upon
every household to sdacrifice an animal each year."
4. If a Malik-e-Nisab sacrifices on behalf of someone else, instead of
sacrificing an animal on behalf of himself (i.e. does not sacrifice an
animal on his behalf), then he has committed a great sin. Thus, if he
wants to sacrifice on someone else's behalf, then he should make
preparations to buy another animal and sacrifice it.
5. Some people who think that, "It is wajib only once in a lifetime to
sacrifice an animal on one's behalf" is farce andwrong, which has no
proof; as it is wajib upon a Malik-e-Nisab to sacrifice an animal on
hisbehalf each year.
6. In villages, it is permissible to sacrifice animals on the 10th of
Dhu'l Hijjah after the break of dawn (Subh-e-Sadiq). However, it is
Mustahab to sacrifice it after sunrise. [Fatawa-e-'Alamgiri Vol. 5
Page 260]
7. It is not permissible to sacrifice animals before the Eid prayer in
cities and towns. [Bahar-e-Shari'at]
8. Such a poor person - who cannot afford to sacrifice an animal -
should also refrain from shaving or trimming hair and clipping nails;
so as to resemble the pilgrims on the 10th of Dhul Hijjah.
9. It is permissible for a resident of a city or a town to send his
animal to a person living in a village; and have it sacrificed before
the Eid prayer; and then have the meat sent back to him in the city or
town. [al-Durr al-Mukhtar]
10. It is not permissible togive the skin or the meat of the
sacrificed animal as the wage to the butcher or the one who has
sacrificed the animal. [al-Durr al-Mukhtar]
11. It is not permissible togive the meat of a sacrificed animal to any infidel.
12. The method of sacrificing an animal is tolay it on its left, such
that its face is towards the Qiblah and then place theright foot on
its side and holding a sharp knife (concealed obviously from the
animal or if it is blind-folded then there isno harm).
13. if the Qurban has been performed on behalf of someone who has
passed away, then the meat cannot be eatenby the person himself norcan
it be given to a rich person. It is wajib to giveall the meat to the
poor as sadaqah. [Bahar-e-Shari'at]
14. The animal's skin, reins, saddle etc should all be given in
sadaqah, one can use the skin for their own usage, such as to make the
skin into a leather bag or a prayer mat. However, one cannot sell the
skin to someone else, and then use the money for their own benefit. If
this has been done, then the money received should be given as
sadaqah.
15. Nowadays, people give the animal skin to Madrissahs and other
Islamic institutions. This is perfectly permissible. Ifone sells the
skin with the intention of giving the money received to the Madrissa,
then this is also permissible. ['Alamgiri, Bahar-e-Shari'at]
16. The skin of the sacrificed animal cannot be given to the Imam as
his wage. Yes, however, it can be given to him as a gift or for his
benefit. [Bahar-e-Shari'at]
17. A camel must be at least five years old; a buffalo should be at
leasttwo years old; and a sheep, lamb or a goat should be at least one
year old. [al-Durr al-Mukhtar]
18. The animal intended to be slaughtered should be big and health,
and should be free from any faults or defects. If there is a minor
defect in the animal, then the Qurbani will count, but it is Makruh.
If there is a major defect, then the Qurbani will not count. [al-Durr
al-Mukhtar, Raddal-Muhtar, Fatawa-e-'Alamgiri]
Some think that sacrificing one animal will suffice for one
wholehousehold; all of whom are Malik-e-Nisab. This is wrong. Each and
every person from such a household should sacrifice an animal on their
behalf. Yes, however, a household can share seven parts from a 'large'
animal such as a camel, cow, buffalo etc.
Footnote [1]:
The great Imam Ahmed Raza Khan has stated thatthe Ghurab al-Zar' eats
only grains, and is small and has a red/orange coloured beak.
[Fatawa-e-Razawiyyah – Vol. 20, Page 320].
The common crow is classed as khabith in a Hadith, because "of all
birds the carrion crow is the most detested by gamekeepers and country
people who rear flocks of poultry, becauseit is the craftiest of egg
thieves. Wild birds also suffer acutely from its depredations."
[ www.birdsofbritain.co.uk ] It has also been mentioned on this
website that, "outside the breeding season, crows often patrol the
waterside, picking up carrion and attacking wounded birds in the
shooting season. Some ofthem haunt beaches and estuaries where they
eat shore-crabs and mussels, whose shells they crack by dropping them
from aheight."
There is another species of the "crow" family called: the American
Crowor Corvus Brachyvrhyncos. "American Crows eat a wide variety of
foods, including: fruits, grains, nuts, acorns, snails, mussels, small
birds, eggs,rabbits, mice, toads, crayfish, snakes, lizards,
salamanders, rats, grasshoppers, cutworms, Junebugs, grubs,
weevils,and other insects."
It is quite surpirising to see that there were and still are some who
call themselves as "scholars", yet they declare things tobe Halal
which the Messenger of Allah declared Haram! Take for example, the
common crow, which is classed as fasiq in the Hadith narrated by ibn
Majah in his Sunan on the authority of Hadrat 'Abdullah ibn 'Umar
[Sunan ibn Majah – Vol. 2 Page 294 – Hadith: 1036] and also in the
same book there is also the Hadith narrated on the authority of Hadrat
'Aishain which the crow is named as fasiq, and cannot be eaten. [Sunan
ibn Majah – Vol. 2, Page 293, Hadith: 1037]. Despite all this, these
"scholars for dollars" have issued fatawa that to eat the crow is
Halal! [see Fatawa-e-Rashidiyah– Page 296 and the Nawa-e-Waqt
newspaper– 6th and the 7th of August 1976]

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And Allah Knows the Best!

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Published by :->
M NajimudeeN Bsc- INDIA

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The Islamic Ruling on Brain Death and Life Support

This is a very brief summary regarding the Islamic Regulations
regarding Brain Death and Life Support. I put it together in a rush,
so my apologies for any misspellings and awkwardness.
The source Dr. Bakr Abu Zaid's (1) Fiqh an-Nawazil(2) (Vol. 1, pp.
215-236, Article No. 4, printed by Maktabah ar-Rushd, Riyad, 1407).
I hope you will find it useful to your question.
May Allah show us mercy and forgiveness at the time of our dying. Ameen.
******************
Dr. Bakr Abu Zaid describes his article as aninvestigation into "the
status of the ill while under life support and the indications of
death between [the viewpoint of] medicine and fiqh." (p. 215)
He proceeds then to divide his article into fivesections:
1. A discussion of life support (pp. 217-218)
2. The medical definition of death and its indications (pp. 219-221)
3. The fiqh definition of death and its indications (pp. 222-225)
4. The various states of the ill under life support (pp. 229-230)
5. The fiqh resolution of this issue (pp. 231-236)
In the first section on "a discussion of life support," Dr. Bakr Abu
Zaid provides a list of Arabic medical terms used for life support and
proceeds to summarize what is meant by "life support."
In the second section on"the medical definition of death and its
indications," Dr. Bakr AbuZaid discusses four issues:
(1) the history background of the concept of brain death;
(2) the basic anatomy of the brain;
(3) the concept of brain death; and
(4) the indications of brain death. In his discussion he brings out
two important points which have bearing on the fiqh ruling: (a) the
difference of opinion in the medical field regarding if
death occurs with the death of the brain stem; (b) the
inconclusiveness of the indications used by doctors to determine brain
death.
In the third section on"the fiqh definition of death and its
indications," Dr. Bakr AbuZaid shows that the scholars are in
agreement that death is defined as the separationof the soul from the
body. Moreover, this definition was extracted by them from the
lengthyhadith reported by al-Bara' ibn Azib and collected by Ahmad and
others regarding the nature of the death of the believer and the
unbeliever, the questioning in the grave,and the subsequent pleasure
or torment faced by the deceased in his grave. He also quotes
al-Ghazzali (Ihya' 'Ulum ad-Din, Vol. 4, p. 493) who further clarifies
that death occurs only with the total separation of the soul from the
body. (This will have bearing on the fiqh ruling). He summarizes with
the following
two points:
(1) the reality of death according to the sharia isthe separation of
the soulfrom the body;
(2) the reality of the separation of the soul from the body is such
that the soul remains in no part of the body, and hence no part of the
body contains any life.
With regards to the indications of death according to fiqh, he begins
with the hadith which states that when the soul leaves the body the
eyes follow. (Muslim).He also lists eight indications of death which
he gathered from a number of classical fiqhworks. He then quotes
an-Nawawi (Rawdatat-Talibin, Vol. 2, p. 97) who adds this important
note regarding the indicationsof death, namely, that when there is any
doubt regarding death, it is to be
assumed that the person is still alive until death is proven conclusively.
In the fourth section on"the various states of the ill under life
support," Dr.Bakr lists three possibilities for a person in intensive
care under life support.
(1) The individual begins to breath on his own andhis heart returns
beating normally, and here life support is removed as the person is no
longer indanger.
(2) The heart no longer beats nor is there any breathing even under
lifesupport. Here life supportis remove is without doubt dead.
(3) The person is brain dead however his heart still beats and there
is breathing while he is under life support. Here doctors normally
conclude death (due to brain death) and remove the person from life
support.
In the fifth and final section regarding, "the fiqh resolution of this
issue," Dr. Bakr concludeswith the following.
(a) As for cases 1 and 2 (see above), this is not any issue for
investigation as both life (case 1) and death (case 2) are certain.
The only issue that needs to be investigated is case 3, namely there
is brain death but their is a heart beat and breathing under life
support.
(b) This third case raises three fiqh questions:
1. What is the ruling for removing someone from life support?
2. What is the ruling regarding organ removal(like a heart) for a
transplant into another person?
3. Do the sharia regulations regarding death (like inheritance) take effect?
He summarizes that the answer is pretexted uponthe question if brain
death is a conclusive signof death according to thesharia definition
of death(i.e., does brain death indicate that the soul has completely
left the body?)
He answers:
(1) Brain death as being a definition for death is an issue of
difference in the medical field.
(2) The indications to show brain death are notalways conclusive.
Thus the sharia principle is that "certainty is not removed by doubt,"
negates this being used as a conclusive sign for death.
Moreover, it has been seen in repeated cases where people have still
lived after the removal oflife support.
He also adds that among the five aims of the sharia is the
preservationof life and as a result the sharia rulings seek to
continue and rescue life and that the general principle is that life
is assumed until conclusive proven otherwise.
Thus brain death cannot be seen according to the sharia to be
equivalent tothe separation of the soulfrom the body.
However, he goes on to add the following important point that this
does not mean that braindeath is not an indicationof death; just like
the heart stopping is an indication of death, but not necessarily
death itself.
For this reason, the scholars, like an-Nawawi quoted previously, said
that the sharia refrains from ruling a judgment of death, if there is
any doubt, even though the indications of death might be present.
Based on this, he answersthe three fiqh questions (see above):
As for the removal of life support in this situation where their is an
indication of death (brain death), but an indication of life (heart
beating and breathing with the aid of life support); either the doctor
will feel that with the removal of life support, the patient
mostlikely die, most likely
live or both possibilities being equal.
If the doctor who has no ulterior motive feels that the with the
removal of life support the patient will most likely die; then it IS
PERMISSIBLE to remove life support as in this case the removal of life
support does not mean preventing treatment from an individual who
there is hope in his cure. Indeed, LIFE SUPPORT SHOULD be removed as
it only prolongs his pain as his soul is being removed.
Even with this, as the same time death is NOT tobe ruled by the mere
lifting of life support until it is certain that the soul has departed
the body. And hence the sharia regulations like inheritance do not
take effect. And similarly organ removal is not permissible (if we are
to say that it is permissible even with death being certain).
This division of sharia rulings, where some takeeffect and others held
back until certainty occurs has many examples in the sharia.
However, if the doctor has no ulterior motives,is of the opinion that
the person will still live with the removal of life support or there
is a 50/50 chance for life. It becomes impermissible to life life
support, until itis felt death in all likelihood will occur or death
does occur or the patient is no longer in need of life support.
-------------------
(1) Dr. Bakr Abu Zaid is the former Deputy Minister of Justice in the
Kingdom of Saudi Arabia and at present a member of the Council of
Leading Scholars and President ofthe Muslim World League's Body of
Scholarswhich investigate contemporary fiqh issues.
(2) Fiqh an-Nawazil refersto Sharia Rulings (Fiqh) of New Issues
(an-Nawazil, pl. of an-Nazilah or something sent down)

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NEAREST ANCESTRY

The Nearest Ancestry of the Promised Prophet (pbuh):
The Quraishites (tribe of Quraish) were the direct descendants of
Prophet Abraham through Prophet Ishmael, and AbdManaf. Abdush Shams
and Hashim were the twin issues of Abd Manaf.The children of Hashim
through his son Abdul Mutalib were called the 'Hashimites/Banu
Hashim'(tribe of Hashim). AbdushShams had adopted a clever, crafty and
active Roman slave boy Umayya,whom Abd Manaf had purchased and
presentedto his son Abdush Shams.
However, the issues of Umayya become known as the 'Umayyads/Banu
Umayya' (tribe of Umayya). Abd Manaf, before his death, had handed
over the charge of his privileged hereditary duties of service to the
House of God, the 'Holy Kaaba' to Hashim his eldest son who was very
noble by nature and godly in temperament. This aggravated the hatred,
jealousy and animosity ofUmayya whose tendency continued as a
personality trait from generation to generationin his seed. Much fuel
was added to the alreadyburning fire of envy and enmity of the
Umayyads when Abdul Mutalib, miraculously discovered the natural
spring-well of'Zamzam' which lay hidden and unknown to any one, for
ages together. Umayya became angry and started being very rude towards
Hashimites. When the elders of the tribe saw this, they decided that
he should not be allowed to remainin Makkah, and was therefore sent to
Syria. This was the beginning of the hatred of the Umayyads towards
the Hashimites, which eventually led to the martyrdom of Imam Hussain
(pbuh).
Hashim was the Great Grandfather of Prophet Muhammad (pbuh) and that
is why the families of the Prophet are known as the Hashimites.The
Hashimites were good, noble and gentle, while the Umayyads werewicked,
mean and aggressive. The Hashimites held the Trusteeship and the
Custody of the Kaaba, which was the most coveted and unique honor
enjoyed exclusively by the Hashimites. The Umayyads envied this
themost, and could not bear it. While the charitable disposition of
the Hashimites could not allow the hoarding of any personal wealth,
the selfishness and niggardliness of the Umayyads had enabled them to
store abundant wealth which had made the Umayyads ever more haughty
and proud against the noble, the gentle and the meek ones of the
Hashimites.
Holy Prophet Muhammad (pbuh) started preaching to the people of Makkah
at the age of forty (40) years. If anyone goes through the life of the
Holy Prophet Muhammad (pbuh), he will not be able to resist shedding
tears for the tortures, themiseries and calamities which the great
godly soul suffered at the hands of the people. Any intelligent reader
would find that all the sufferings which every one of the preceding
apostles of God had suffered, had been inflicted on the Last Apostle
of the Lord, alongwith other additional tortures and miseries which
none else had everexperienced and he suffered all the calamitieswith
ideal patience, matchless fortitude, unparalleled steadfastness and
unshakable determination to fulfill the covenant established with the
Lord.
Karbala's Foundation laid:
The events of history giveout a clear verdict that the series of the
sufferings, the miseries and the calamities inflicted on the Ahlul
Bayt, which culminated at one stage in the wholesale massacre of the
Holy Imam Hussain (pbuh) and his faithful devotees at Karbala, and the
misfortunes and the assassinations of the other Imams and their
families and their devotees, which thereafter followed up tothe
eleventh Imam Hasan Al-Askari, was inaugurated at the Saqeefa. Had the
people remembered the repeated declarations about Imam Ali (pbuh), and
his Ahlul Bayt, the world would never have witnessed the hideous
scenes of the sufferings and the massacre of the Holy ones; on the
other hand, today the world would have been ruled by the Men of God,
and humanity had enjoyed the Godly kingdom on earth, and the human
race by this time would have been united under one single brotherhood
which was inaugurated by the Holy Prophet (pbuh) at Madina.
Yazid succeeded the Caliph at Damascus:
After the death of Muawiya in 60 Hijra, Yazid succeeded his father to
the throne. Imam Hussain was then fifty seven (57) years old. Yazid
was known to be even worse than his father and represented a real
danger to the Islamicnation, for he was not a true Muslim. He was not
properly educated with the teachings of Islam. And he used to drink
alcohol, gamble, and commit all other sins according to historic
sources. He said:"Hashimites staged a playto obtain the Kingdom.
Actually, there was neither any news (from God) nor any
revelation."Such a man could not be entrusted with the affairsof the
nation.
The Call from the Governor:
On receipt of the letter from Yazid, 'Al-Walid son of Utbah son of Abu
Sufyan' the Governor of Madina immediately called his servant
(Abdullah son of Omer son of Uthman) and sent word inviting Imam
Hussain (pbuh) and Abdullah son of Al-Zubayr, to visit him. Imam
Hussain (pbuh) andson of Al-Zubayr were in the Mosque at night
time,when Walid's servant came to them with the message inviting them
tothe Governor House. The moment Imam Hussain (pbuh) heard the call
from the Governor; he suddenly exclaimed that Muawiya had died.
I invite you to the Book of Allah and the tradition(Sunnah) of the
Prophet, for I see that the tradition (Sunnah) have been destroyed and
innovations have crept up. Hence if you pay heed to my words and obey
my command, then I shall guide you to the Righteous path. Imam Hussain
(p.b.u.h.) In reply to the call Imam Hussain (pbuh) sent wordto the
Governor Walid saying, it was too late and he will visit him the next
morning.
The next day Imam Hussain (pbuh) accompanying around thirty (30)
Hashimites courageous youths visited the Governor, but reaching the
entrance of the Governor's house, he told the Hashimites to stay at
the door watchful and if they hear Imam Hussain (pbuh) talking
unusually aloud they mayget in to him.
Walid received Holy Imam (pbuh) with all respect and regard. Offered
him the seat besides him and read outthe letter he had received from
Yazid and when he reached the matter asking him to send the severed
head of Hussain, if Imam Hussain refuses to pay allegiance.Imam
Hussain (pbuh) smiled and said:
"O Walid! Pledge of allegiance cannot be given secretly. Invites
theMuslims of Madina tomorrow and ask them if they say that I should
pay allegiance to Yazid, let us then decide."
Walid readily accepted the Holy Imam's reply but'Marwan son of
Al-Hakam' the old enemy of Islam who was expelled by the Holy Prophet
(pbuh) out of Madina, seated there, addressing Walid said:
"Let not Hussain go out of the grip now, lest the fox is out of the
four walls of the court you will not approach the dust behind it. Cut
off his head now and let not thisunique opportunity go for, you will
never get it again."
Imam Hussain (pbuh) stood up to depart from the Governor and hearing
the insulting words of Marwan, Imam Hussain (pbuh) the son ofImam Ali
the Lion of God got angry and retorted aloud: "Woe to you, O sonof a
foreign women, will you cut my head off? By God, you have told a lie
and showed your base origin." Then he turned to al-Walid and said to
him:
"O Walid! We are the household of the Prophet(pbuh). We surely are
thecentre of the message, and to our house the angels descend from
heaven. By us God sent his first Apostle and by usHe sent the seal of
the Prophets. Yazid, on the other hand, is a corrupt man, who imbibes
wine, puts to death the soul which God forbids to be destroyed and
declares his debauchery in public. A man like me would never give a
vow of loyalty to him. But we will see about that in the morning, so
will you. We will see and so will you, who is more entitled to the
office of Caliphate and to receive the pledgeof allegiance."
Marwan immediately got up and ran away and the Hashimites youth who
stood restless and anxious, hearing the voice of the Holy Imam (pbuh),
rushed into the court with drawn swords. Imam Hussain (pbuh)
immediately commanded restraint and had not Imam Hussain (pbuh)
controlledthe situation, the matter would have been settled then and
there. The meeting came to an end. Imam Hussain (pbuh) returned home.
Imam Hussain (pbuh) decides to leave Madina

KARBALA HIGHLIGHTS

In the name of God, the beneficent the merciful:
Think not of those who are slain in God's way as dead. Nay, they live,
finding their sustenance in the presence of their Lord. Holy Quran
(3:169)
The events of Karbala reflect the collision of thegood versus the
evil, the virtuous versus the wicked, and the collision of Imam
Hussain (the head of virtue) versus Yazid (the head of impiety). Imam
Hussain (pbuh) was a revolutionary person, a righteous man, the
religious authority, the Imam of Muslim Ummah (nation). As the
representative of his grandfather Prophet Muhammad (pbuh), Imam
Hussain's main concern was to safeguard and protect Islam and guide
fellow Muslims. On the other hand, the staying power of the rulers
(Muawiya and his son Yazid) depended solely on the might of the sword.
They used brute force to rule over the Muslim empire even by all
possible illicit means.
The mission of Imam Hussain (pbuh) is distinctly unique, political and
religious revolutionary movement in the history of World. His was a
tremendous undertaking which still reverberates throughout the Muslim
nation. He hasbeen a propelling force and a seminal element in events
throughout Islamic history, particularly in the sphere of Jihad (the
holy struggle in the way of Almighty God). Imam Hussain's example has
remained vividly alive forgenerations and centuries. His uprising,
movement and ideals stillhave a deep impact on the conscience and
awareness of the Muslim empire.
The Holy Prophet (pbuh) is reported to have said:"The best of Jihad is
that of a word of right spokento an unjust ruler."
Imam Hussain (pbuh) witnessed the deteriorating political and social
situation and clearly recognized that the general policy of the
authorities did not abide with Islamic principles. He was aware of the
Ummah's numerous and painful afflictions, and was determined to
exercise his religious duty, being the duly sanctioned leader &
central figure capable of restoring Islamic values. Thus he rose. His
revolt is rich in lessons and divinely inspired attitudes. Imam
Hussain (pbuh) embodied the sacrifice of self, money, family, social
status and the challenge to terror and cruelty. He patiently traversed
hundreds of miles, moving both night and day. The epic protest he
engendered came at the most critical political juncture. In fact, the
Prophet's grandson had vowed to sacrifice himself.
Thus, Karbala proved to be a clash involving Islamic truths versus
falsehood, belief versus disbelief, and the oppressed versus the
oppressor, faith against brute force. Karbala was about standing in
the face of oppression, regardless no matter the cost. In Karbala,
Imam Hussain the fifty seven (57) year old second grandson of Prophet
Muhammad (pbuh), sacrificed his totality and all he had, for one goal.
This goal was to let the truth triumph over falsehood eventually,
andhe did that brilliantly. His goal was to foil the plan that Muawiya
had expertly developed for his son, Yazid, which was to establish a
permanent Umayyads (Banu Umayya)ruler ship over the Muslim Ummah (even
by sacrificing the Islamic principles), but doing it in the name of
Islam. Brilliantly, Imam Hussain (pbuh) succeeded in foiling this plan
and he exposed the disreputablenature of Umayyads though this was at
the expense of his life.
Eventually he was martyred along with his sons, most of his household
and all of his companions. The bodies were mutilated and their heads
were carried from Karbala, to Kufa and finally Damascus. His womenfolk
were taken prisoners and marched across the desert. He himself was
expecting all that, but did not budge an inch.
An uprising led by the noblest and best accepted personality in the
entire Ummah, is certainly one which is uniquely distinguished asa
movement abounding with spiritual, moral and religious ideals. Due to
the importance of this personality, we are honored to present this.
Such a sublime revolution has to be studied, dissected and fully
understood. Lessons should be drawn from it. Here we note that the
backward and downtrodden nations must one day follow in the footsteps
of Imam Hussain (pbuh) if they areto challenge the despots.
The famous Urdu poet has prophesized:
Insaan Ku Bedaar Tou Ho Lene Do, Har Qaum Pukaraygi Hamare Hain Hussain
Give mankind a chance togain consciousness, Everytribe will call
out,"Hussain is ours!"
Qatl-e-Hussain Asl Main Marg-e-Yazid Hai, Islam Zinda Hota Hai Har
Karbala Kai Baad
In the murder of Hussain, indeed is the death of Yazid. For each
Karbala is the revival of Islam.
Karbala garden of swords, blood and inspiration for innumerable pens.
Karbala is the word of right...the hymn on the lips of time.
Karbala is a poem...a rhyme of anguish and pain.
Karbala never passes away. Its sun never sets in the horizon of
history. Its anguish can never be effaced from the conscience of
freemen bythe collective conspiracy of tyrants.
At Karbala clouds of blood rained and generations of martyrs and
revolutionaries took root and sprouted. The sound of the fearless
voice of Imam Hussain (pbuh) still echoes in the valley of Karbala,
ringing in the ears of time. It is a hurricane that chafes andshakes
the tyrants. It is a volcano of blood, violently jolting the despots'
thrones. It awakens free consciences and stirs within man the spirit
of revolution and Jihad. His voice is still echoing in the ears of
mankind:
"By God, I will never give you my hand like a man who has been
humiliated, nor will I flee like a slave."
Who actually is Hussain? What is the background of this exceptionally
unique and great personality? This prominent man of history, the
legend of epics, the word of pride and honor was no less the Grandson
of Prophet Muhammad (pbuh) the son of his daughter Fatimah Zahra
(pbuh) and her cousin and husband the Commander of the Faithful, Ali
son of Abu Talib son of Abdul Mutalib son of Hashim.
Hence the only fact remains: "There never was a Hussain before him,
there has been noneafter him."
The object of this work is only to present with extreme brevity the
greathistoric event of the matchless sacrifice of the King of Martyrs
Imam Hussain (pbuh), in the seed of Abraham (pbuh) through the Holy
ProphetMuhammad (pbuh), offered to save the Truth and humanity from
getting lost to falsehood forever, for the apostleship had been
concluded with the revelation of the Holy Quran, the Final Word of
God. If anything had to be done or could be done, to save the Truth,
itwas only through the Imamate which was destined to do it, and Imam
Hussain (pbuh) wasthe divinely chosen one for it.

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And Allah Knows the Best!

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Published by :->
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