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ISLAMIC MEDICAL EDUCATION RESOURCES 04

0002-PHYSICAL ACTS OF WORSHIP (AHKAAM AL IBADAAT) (PART II)

Background reading material for medicine & fiqh session for 3rd year students held on 26th February 2000 at the Kulliyah of Medicine, International Islamic University, Kuantan by Professor Omar Hasan Kasule Sr.

3.0 ZAKAT

OBLIGATION (TAKLIF)

Zakat al maal is obligatory (2:43, 2:83, 2:110, 4:77, 9:5, 9:11, 22:78, 24:56, 33:33, 58:13, 70:24-25, 73:20, 98:5, MB 702, BG 483). The obligation is when a person has held a minimum taxable amount for 1 year. The obligation is related to the property and not the person. For example the wealth of a minor or an insane is zakatable although they are both exempt from other legal obligations. The orphan's wealth must be invested otherwise it will be exhausted by annual zakat payments (BG 491).

 

Zakat al fitr is obligatory (MB 766, BG 505) and must be paid before salat eid al fitr (MB 767, BG 567).

Voluntary alms, sadaqat al tatawu'u, is encouraged. Sadaqat is best given in secrecy (BG 508). Priority in sadaqat are the relatives (BG 512, BG 513, BG 515). Sadaqat is not given to the rich or the able-bodied (BG 521).

 

B. REGULATIONS & ETIQUETTE (AHKAM & ADAB AL ZAKAT)

Zakat can be paid in kind (MB 732) or as cash. The computation of zakat on live-stock and agricultural produce is made in kind and then converted into cash if need be. Normally zakat is paid at the end of the zakatable year. It however  can be paid in advance before it is due (BG 493). Zakat arrears are also due and payable.

 

Zakat on joint property is computed on the total property. It is illegal to divide it up in order to avoid payment (MB733 and MB 734).

 

The Qur'an and sunnat have listed the categories of zakat recipients. Zakat is preferably given to relatives (MB 740 and MB 747) if they are among the categories of zakat beneficiaries. Zakat can also be given to a wife (MB 744) provided no deception to avoid payment of zakat or nafaqat is involved. Zakat can be given to orphans (MB 745). It is illegal to buy back any article given as zakat to the poor (MB 757).

 

C. ZAKATABLE WEALTH, nisaab

Zakat is levied on property kept in possession for 1 year (BG 489). Quorum, nisaab, is a minimum zakatable wealth specified for gold, silver, dates, camels etc (BG 494). The law has specified the quorum for zakat on buried treasures (BG 503, BG 504), zakat on gold ornaments worn by women (BG 498, BG 500),  and zakat on crops. Zakat is levied only on specified and not all crops (BG 496). The zakat rate is different for naturally and artificially irrigated crops (BG 495). Zakat on crops is due at the time of harvest.

The zakat rate for money is 1 in 40 or 2.5% (BG 489). The quorum is 100 dirhams kept for 1 year (BG 489)

No zakat is levied on a horse (BG 487) or working cattle (BG 490).

 

D. BENEFICIARIES OF ZAKAT

The Qur'an has mentioned the following eight categories of zakat recipients (p 532 9:60):

Faqiir

Maskiin

Zakat administrators

New/potential Muslims , muallafat al quluub

Slaves in bondage who need funds to be buy their freedom

Prisoners

The heavily indebted

Those struggling in the way of Allah, sabilullah

 

E. ADMINISTRATION OF ZAKAT COLLECTION AND DISTRIBUTION

The individual can compute and give zakat directly to the poor or any of the categories of legal recipients.

 

Zakat can also be given to charitable organizations.

 

A non-governmental community organization may collect and distribute zakat

 

The government could collect and distribute zakat

 

4.0 PILGRIMAGE (HAJJ)

A. OBLIGATION (TAKLIF)

Hajj is obligatory (MB 769). The obligation is only one hajj in a life-time. Any extra hajj after that is sunnat (BG 589). Hajj is obligatory only on those who have the physical ability to travel to Makka and come back, istitaat al sabiil  (3:97). The obligation of hajj, unlike umrah, is confined to a specific period in the year (2:158; 22:28).

Conditions of obligation, shuruut al taklif: The intending pilgrim must fulfil the following conditions: being a Muslim, adult (post puberty or aged 15 years and above), sane, healthy, and has the provisions for the journey. Hajj of boys (MB 897, BG 583) is valid. They will have to repeat it on growing up (BG 586)

 

The following additional conditions have also to be observed: safety of the road, enough support for family until return, and a non-marriageable male relative, mahram, for a woman (BG 587).

 

Hajj can be performed on behalf of a dead person (MB 896, BG 585) or an old person (BG 584). It is required that a person performs his or her own obligatory hajj before performing it for someone else (BG 588).

 

B. PUBLIC HEALTH & SAFETY

Infection: air-borne infections are likely because of the crowding of so many people in a confined space.

 

Fire: Fire could arise from cooking or other activities. It can spread quickly and reach many people because of crowded living in tents

 

Air pollution:

 

Water pollution:

 

Food poisoning:

 

Soil pollution:

 

Heat stroke: The temperatures in the deserts of Hejaz can rise to be very high. Pilgrims who are over-exposed to heat can develop heat stroke

 

Physical exhaustion: Travel is part of punishment, al safar qit'at min al adhaab MB 878. It is physically and psychologically exhausting. The many rites of hajj that have to be performed in a short period of time can be very exhausting.

 

Stampede:

 

Traffic injuries:

 

Injury at jamaraat:

 

Being lost:

 

C. REGULATIONS & ETIQUETTE OF HAJJ, ahkaam wa adab al hajj

Conditions of hajj, shurrut al hajj: The pilgrim must undertake ritual washing, ghusl, and put on clean garments as specified by the Law.

 

Actions required before ihram: Cleanliness is emphasized for the intending pilgrim. Hair must be shaved or trimmed; including pubic hair, axillary hair, and the moustache. Nails must be cut and the whole body must be washed, ghusl (BG 595).

 

Actions forbidden for muhrim: After entering the state of ihraam, the pilgrim is prohibited from the following acts: marriage contract, 'aqd al nikaah (BG 598);  sexual intercoutse, jimau; cutting nails, taqliim al adhfaar;  shaving hair, izaalat al sha’ar, except for medical purposes like lice which requires kaffarrat (BG 603), perfume, al tatayub (BG 597).

 

Time of hajj: Hajj can only be undertaken in the holy months, al ash hur al haraam, that are recognized, ashhur ma'alumaat (MB 790). Hajj outside the prescribed period is not recognized.

 

Forms of hajj: hajj can be performed in three variants: tamattu, ifrad, and iqraan (MB 791, MB 792, MB 793, MB 794, MB 795, MB 796, MB 797). 

 

Dress in Hajj: The Law specified dress for hajj, libaas al ihraam (MB 784 and MB 780). Sewn clothes, turbans, shirts, shoes, and dyed clothes are forbidden for men (BG 596). There are no restrictions on the dress of women.

 

Mawaqiit: Mawaqiit are sites outside the holy sanctuary of Makka at which the approaching pilgrim makes the intention to perform hajj (BG 590-591). The intention for umrat must be before reaching Makka. If one is already in Makka and desires to perform umrat, he has to go to masjid al tan'iim and make the intention from there, ‘umrat al taniim (MB 869).

 

PHYSICAL ACTS OF HAJJ and UMRAT

In a long hadith by Muslim  (BG 607) the acts of hajj were listed as: talbiyat, tawaaf, salat in maqaam Ibrahim, trotting between safa and marwa, travel to muna, standing at Arafat, travel to and staying at Muzdalifat, stoning, slaughter, and return to Makka.

 

Talbiyat: The formula for talbiyat is well known. The voice may or may not be raised in talbiyat (BG 619).

Tawaaf: Circumbulation of the kaaba is done 7 times. Raml MB 813, 814, 811. Tawaaf al quduum (MB 817-818). Tawaaf al wida (MB 858 and MB 859). Conversation is allowed in tawaaf MB 819.

 

Standing in Arafat, wuquuf bi arafat (MB 831)

 

Stoning the devil, ramy al jimaar (MB 854, 855). 7 pebbles are thrown at each of the three jamaraat.

 

Kissing and touching the black stone (MB 812, and MB 816)

 

Sa'ay: Obligation to run between safa and marwa (MB 825)

 

WOMEN RULINGS

Special rulings were made to ease the performance of hajj for women in their menstruation. Menstruating woman can do everything except tawaaf MB 827. Menstruating woman can leave Makka after tawaaf al ifaadhat MB 860. At the end of hajj, women need not shave hair, clipping is sufficient (BG 634)

 

PERMISSIBLE ACTS

There are several restrictions on the pilgrim while in the state of ihraam. These are lessened and finally lifted towards the end of the pilgrimage. After throwing the pebbles, everything is permitted to the pilgrim except sex (BG 633). Essential things like medical treatment are not restricted. Cupping was allowed in hajj (MB 892, BG 602)

 

PROHIBITIONS OF HAJJ

Shaving hair is forbidden unless there is a medical indication (2:196-199).

 

Violence: Because of the sanctity of Makka, no fighting is allowed in the holy sanctuary. Hunting of wild game is forbidden (  ). Cutting thorns is forbidden (    ). Dangerous animals can be killed in hajj (MB 889). The laws of homicide however apply (BG 604)

 

D. PILGRIMAGE IN DIFFICULT CIRCUMSTANCES

Extreme heat:

 

War & Insecurity: If a pilgrim can not be assured of safety of person and property, he can discontinue the hajj wherever he is and return another year (2:196-199).

 

Disease epidemics:

 

E. PILGRIMAGE OF THE SICK, hajj al mariidh

The physically disabled can circumbulate the kaaba riding on a vehicle or being carried by another person.

The weak may be hurt by the crowds at the Kaaba, Mina, Arafat, Muzdalifat and Jamaraat. The weak can leave Muzdalifat earlier to avoid the crowds (BG 620-621)

 

In case of a fracture, hajj is stopped and is repeated the next year (BG 647)

 

DISCUSSIONS ON PHYSICAL ACTS OF IBADAT

TAHARAT

Saliva of domestic animals

Saliva of wild animals

Microbiological explanation of the pig as najasat

Microbiological explanation of the dog as najasat

Microbiological and toxicological definition of clean and cleansing water

Urethral massage to empty the urethra after urination

Explanation of the difference in the cleansing of urine of breast-feeding boys and girls

Microbiological and toxicological explanation of wudhu as cleaning the exposed parts of the body

Microbiological and toxicological explanation of tayammum as cleaning

Medical benefits of istinshaar, istinshaaq, madhmadhat, and mash al udhn

Does vene-puncture nullify wudhu?

Does an injection nullify wudhu?

Medical significance of the obligatory weekly bath

Medical significance of penile circumcision

Female circumcision: pros and cons

Medical benefits of cutting nails

Medical benefits of siwaak

Medical benefits of hand-washing

Explanation of exemption from salat in menstruation but not in dysfunctional uterine bleeding

Physiological explanation of the delay of salat in case of urinary or fecal urgency

 

SALAT

Cleanliness of mosques and prevention of infections

Bowing and prostration as physical exercises

Medical explanation of the need to delay salat on hot days

Medical and psychological explanation of the exemption of the traveler allowing him to join and abridge salat

Change of salat positions and postures for the sick

 

SAUM

Fasting for the elderly

Fasting of children

Fasting of the pregnant woman

Fasting of the nursing woman

Fasting of the woman in menstruation or post-natal bleeding

Fasting in case of a curable disease

Fasting in a chronic disease with no expected cure

Medical explanation of the recommendation of late suhuur and early breakfast

Medical determination of the maximum number of hours fasted in places where sunset is delayed

Medical recommendations on fasting in extreme heat

Medical recommendations on fasting in extreme cold

Type of food recommended for suhuur

Type of food recommended for breakfast

Measures to avoid dehydration in fasting

Fasting of a diabetic on oral hypoglycemics

Fasting for a diabetic on insulin

Medical procedures in fasting: vene-puncture, minor surgery, oral medication

Blood donation in fasting

 

 

ZAKAT

Zakat and social welfare

Zakat as national revenue/taxation

 

HAJJ

Assessing medical fitness of the pilgrim

Rejection of people with infectious disease from hajj

Rejection of people with known psychotic conditions from hajj

Prevention and control of epidemic diseases

Prevention and control of fire

Injury prevention

Sun exposure and sun stroke

Menstrual regulation in hajj

Hajj for the physically handicapped

Professor Omar Hasan Kasule February 2000