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Tuesday, June 19, 2012

Lead the Way

Do you want to see something different in the world? Show it. Do you
want to see things moving in a better direction? Then get stepping and
walk it, and I guarantee that otherswill follow, because they have
seen the problems as well, and they are waiting for someone to lead
the way.
Do you want to be a betterMuslim, father, mother, son, daughter,
sibling, or friend? Then be it. Now is the moment. The past is
prologue leading to this moment.
Are you waiting for someone else to show loveand kindness first? Are
you waiting for someone else to be vulnerable or brave, to put himself
out there, totake the first step, to show the way? There is no someone
else. You are the someone else. You… are… someone.
Le'ts open ourselves to faith, love and kindness. Let's change the way
we move in the world, the way we behave with Allah, the way we treat
people, the way we interact with every person. Let us become
testaments to the power of these transformative behaviors, not through
our words but through our actions. Let's express a new sincerity from
our hearts and walk through the world like believers. Let's become
people of Allah, people of Jannah (Paradise), people of imaan (faith),
love and mercy.

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What is the Islamic Ruling on Water Liposuction?

<QUESTION>
What is the Islamic ruling on water liposuction?
<ANSWER>
In the name of Allah, Most Compassionate, Most Merciful,
As explained in previous answers that although Islam allows, and even
encourages to some extent, non-surgical meansof beautification, it
prohibits having one's body altered through surgical means due to the
explicit texts of the Qur'an and Sunna prohibiting mutilation (muthla)
and changing the nature created by Allah Most High (taghyir khalq
Allah). All surgical procedures carried out on the body for the
purpose of adornment have been prohibited by classical jurists
(fuqaha).
As such, the surgical removal of excess body fat which lies just under
the skin by way of liposuction is not permitted for
beatification/cosmetic reasons. You have inquiredabout the
permissibility of the innovative liposuction technique called AQUALIPO
as opposed to traditional liposuction. Although harms are minimized in
this method given that fat is removed gently with water-jet and there
is no need for general anesthetic, hence less risk of complications,
no major blood loss, less bruising and swelling, etc, it is
nevertheless a surgical means of removing fatty tissue through the
process of suction. It would still require a large bore cannula to be
inserted to suck fat out, and thus the skin will be cut surgically,
and the incision may even require stitching.
Liposuction will be permitted due to a genuine medical need. If a
reliable physician advices that you should have the fat removed for
health reasons, you may do so. Likewise, if the body fat is such that
it is considered an abnormality to the point that it leads to a great
deal of hardship and psychological pain, and there is no alternative
besides resorting to liposuction, it will be permitted, for Islam
permits bringing back to normality areas of the body that are deformed
or damaged.
Imam Abu Dawud, Imam Nasa'i and Imam Tirmidhi (Allah have mercy on
them) have recorded in their respective Sunan collections, that a
Companion Arfaja ibn Aswad (Allah be pleased with him) had his nose
damaged in the battle of kulab. He replaced it first with silver and
then with anose made of gold, with the consent of the Messenger of
Allah (Allah bless him & give him peace). This permission was granted
despite gold being unlawful for men.
As such, it is best that each individual case is discussed with a
reliable scholar, Insha Allah.
And Allah knows best

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Is it Necessary to declare all Defects/Faults when Selling an Item?

<QUESTION>
Is it necessary for the sellerto declare all defects and faults when
selling an item, or is it the buyer's responsibility to discover them?
<ANSWER>
In the name of Allah, Most Compassionate, Most Merciful,
A basic principle of Islamic commercial law is that when selling any
item or product, it must be sound and free from defects and faults.
[See: Al-Majalla al-Ahkam al-Adaliyya , Article: 336] As such, it is
the seller's responsibility tobe truthful and point out the specific
defect if he has knowledge of it; otherwisehe will be guilty of
committing the grave sins of cheating and deception.
Imam Bukhari (Allah have mercy on him), in the chapter titled "Buyer
and seller making things clear and not concealing anything and showing
good faith" of his Sahih , relates from al-Adda' ibn Khalid who said,
"The Messenger of Allah (Allah bless him & give him peace) wrote for
me [whenpurchasing from me]: 'This is what Muhammad, Messenger of
Allah (Allah bless him & give him peace), has purchased fromal-Adda'
ibn Khalid. A sale from one Muslim to another, with no [hidden]
defect, no taint and no deception.'" (Sahih al-Bukhari 2/731)
Imam Bukhari then quotes the Companion Uqba ibn Amir (Allah be pleased
withhim) as saying, "It is not lawful for one to sell goodsknowing
that there is a defect in them without mentioning it." (ibid)
Sayyiduna Hakim ibn Hizam (Allah be pleased with him) narrates that
theMessenger of Allah (Allah bless him & give him peace) said, "The
seller andthe buyer have the option [to conclude the sale] as long as
they have not separated. If they both speak the truth and makethings
clear , they will be blessed in their sale. But if they both conceal
and lie, the blessing of their sale will be wiped out." (Sahih
al-Bukhari no 1974 and Sahih Muslim 1532)
Imam Nawawi (Allah have mercy on him), in explanation of this hadith,
states, "This (i.e. speaking the truth and making things clear) means
that both parties clearly mention to each other what needs to be
mentioned such as declaring a defect in the item and the like…"
(Al-Mihhaj sharh Sahih Muslim, p 1170)
Wathila ibn al-Asqa' (Allah be pleased with him) narrates that the
Messenger of Allah (Allah bless him & give him peace) said, "Whoever
sellsdefective goods without declaring it remains in the wrath of
Allah or [he said)] the angles keep cursing him." (Sunan Ibn Majah
2873)
Imam Haskafi, the renowned classical Hanafi jurist, states, "It is
unlawfulto conceal a fault in the item being sold or in the price,
since deception is haram." (Al-Durr al-Mukhtar 5/47)
It is stated in Al-Fatawa al-Hindiyya :
"If a person wishes to sell faulty goods, and he knows [that they are
faulty], it is necessary (wajib) for him to reveal it. If he does not,
then some of our scholars state that he will become an open sinner
(fasiq) whose testimony is to be rejected [in a court of law]."
(Al-Fatawa al-Hindiyya 3/210)
All of the above clearly demonstrates that the seller is under
obligation topoint out any faults or defects in the item being sold.
Failure to do so, despite having knowledge of it, constitutes a grave
sin.
However, there are a few points to keep in mind here:
1) A defect (ayb) is that which, in the opinion of traders and
experts, reduces the market value of an item. (See the Ottoman Courts'
Hanafi Fiqh Manual on commercialtransactions, Al-Majallah al-ahkam
al-adaliyya , Article: 338). As such, the seller is not obliged to
mention the normal wear and tear of the item being sold.
2) The defect or fault must have existed while the item being sold was
in the possession of the seller, and not after. This includes any
defect which occurs before sale or after the salebut before the seller
delivers it to the purchaser.(Al-Majallah al-ahkam al-adaliyya,
Articles: 339 and 340)
3) If a seller sells a defective or faulty item without declaring it,
the purchaser has a right to cancel the transaction. He may accept the
item as it isfor the fixed price, or return it and get his moneyback.
This is called the 'Option on account of Defect (khiyar al-ayb).'
(Al-Majallah al-ahkam al-adaliyya, Article: 337)
4) If the seller delegates the responsibility of inspecting the item
to the purchaser and says that he is not responsible for any defects
or faults, and the purchaser accepts, then theseller will not be
sinful of concealing the truth and cheating. Moreover, the purchaser
will not have a right to cancel should he discover a fault in the item
sold. (Imdad al-Ahkam 3/404 & Al-Majallah al-ahkam al-adaliyya,
Article 342)
And Allah knows best

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HOLD BACK YOUR TONGUE…

In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah in whose hand my soul lies in, the One who created
the heavens and the earth and all that lies between them.
Oh slaves of Allah, take heed of what your tongue says, for that may
determine your fate between Jahannam and Jannah. One of the grave
problems which is taken very lightly by the Ummahat this present time,
are the words that we utter. Never do we think twice before we talk.
We indulge ourselves into dirty, flithy and forbidden acts. Among
these forbidden things which people take often lightly are gheebah
(backbiting), buhtaan (slander) and nameemah (malicious gossip).
Worst of all, we backbite about our very own brothers and sisters in
Islam. And I swear by Allahthis is such a dirty and deadly sin that we
are falling into without even realizing it.
For Allaah subhana wa t'ala says (interpretation of the meaning):
"neither backbite one another. Would one of youlike to eat the flesh
of his dead brother? You would hate it (so hate backbiting). And fear
Allaah. Verily, Allaah is the One Who forgives and accepts repentance,
Most Merciful"[al-Hujuraat 49:12]
Gheebah or backbiting means speaking about a Muslim in his absence and
saying things that he would not like to have spread around or
mentioned. Buhtaan or slander means saying things about a Muslim
thatare not true, or in other words telling lies about him. Nameemah
or malicious gossip means telling one person what another said in
order to cause trouble between them.
I do not understand how we even dare to talk about the sins of other
people, and indulge ourselves in the discussionof the lives of people,
when our life itself is so crooked. People hardly pray, or even if
they do, then they pray Fajr at the time of Dhuhr, Dhuhr at the time
of 'Asr, and so forth, and one of their excuse for missing or delaying
their Salah is, "I cannot find the time to pray", but yet we find a
lotof time for chit chatting about people.
It was narrated from Abu Hurayrah (may Allaah be pleased with him)
that theMessenger of Allaah SAWS (peace and blessings of Allaah be
upon him) said: "Do you know what gheebah (backbiting) is?" They said,
"Allaah and His Messenger know best." He said, "Saying something about
your brother that he dislikes." It was said, "What if what I say about
my brother is true?" He said, "If what you say is true then you have
backbitten about him, andif it is not true, then you have slandered
him." Narrated by Muslim, 2589
It was narrated that Ibn 'Abbaas said: The Messenger of Allaah
(peaceand blessings of Allaah be upon him) passed by two graves and
said, "They are being punished, but they are not being punished
foranything that was difficultto avoid. One of them used to walk about
spreading malicious gossip(nameemah), and the other used not to take
precautions to avoid getting urine on himself when he urinated." Then
he called for a green branch, which he split in two and planted a
piece on each grave, and said, "May their torment be reduced so long
as these do not dry out." Narrated by al-Bukhaari, 213; Muslim, 292
Know Oh muslims that ourtongue will be a witness against us on the day
of Judgement. It's the day where is there no refuge, but except in
Allah Subhana wa T'ala. And if Allah Subhana wa T'ala does not look at
you, then there is nothing that can save you. And it is a day where if
Allah gives your records in your left hand, then everything that will
come after that will be bad. Do you want to lose your hard earned good
deeds within a few seconds? Do you really want to exchange your salah,
saum (fasting) and charity for a big pile of bad deeds? If you do
wantto, then go ahead and insult people, go ahead and slander against
people, for on the Day of Judgement all the people who suffered by
your tongue will be rewarded with your good deeds.
Abu Hurairah (May Allah be pleased with him)reported:
Messenger of Allah (sallallahu alaihi wa salam) said, "Do you knowwho
is the bankrupt?'' They said:"The bankrupt among us is the one who has
neither money with him nor any property".
He said, "The real bankrupt of my Ummah would be he who would come on
the Day of Resurrection with Salat, Saum and Sadaqah (charity), (but
he will find himself bankrupt on that day as he will have exhausted
the good deeds) because he insultedothers, slandered against others,
unlawfully devoured the wealth of others, shed the blood of others and
beat others; so his good deeds would be credited to the account of
those (who suffered at his hand). If his good deeds fall short to
clear the account, their sins would be entered in his account and he
would be thrown in the (Hell) Fire".

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