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ISLAMIC MEDICAL EDUCATION RESOURCES 04

0010-PHYSICAL ACTS OF WORSHIP (AHKAAM AL IBADAAT) (PART II)

Lecture for 3rd year medical students on 14th October 2000 by Professor Omar Hasan Kasule

C. ZAKAT

OBLIGATION, taklif

Zakat al maal is obligatory (p. 531 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, nisaab, for 1 year, hawl. 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 al tatawu’u is best given in secrecy (BG 508). Priority in sadaqat is given to relatives (BG 512, BG 513, BG 515). Sadaqat is not given to the rich or the able-bodied (BG 521).

 

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 up the property and allocating portions less than the nisaab to each partner 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).

 

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).

 

 

BENEFICIARIES OF ZAKAT

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

Faqiir

Maskiin

Zakat administrators, ‘aamiluuna ‘alaiha

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

 

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

 

D. PILGRIMAGE, hajj

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  (p 315 3:97). The obligation of hajj, unlike umrah, is confined to a specific period in the year (p 314 2:158; p 315 22:28). The conditions of obligation, shuruut al taklif, that the intending pilgrim must fulfill are: 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 but has to be repeated on attainment of adulthood (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, as companion 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).

 

PUBLIC HEALTH & SAFETY

Air-borne infections are likely because of the crowding of so many people in a confined space. Spitting on the street should be discouraged. Proper personal hygiene is necessary. Food bought from street vendors may not be hygienic. Close contact with people with infections should be limited. During diarrhea or vomiting extra efforts should be made to take fluids to replace the losses. Food should be limited to carbohydrates and vegetables while avoiding proteins. Fire could arise from cooking or other activities. It can spread quickly and reach many people because of crowded living in tents. Air, water, and soil pollution are likely environmental hazzrds. Heat stroke is a common condition among pilgrims. 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 affects pilgrims who come from far away and follow a heavy schedule in Hejaz. 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. Other hazards are: stampedes, road traffic injuries, injury at jamaraat, and being lost:

 

CARE FOR HEALTH

Patients on regular medical treatment should bring their medicine with them and continue taking it regularly. The heat of Hejaz may exercabate skin diseases; pilgrims should carry necessary medication with them. Moisturizers should be used to treat dry skin. Regular exercise before going for hajj will put the body in a good physical condition to withstand the rigors of hajj. Suitable foot wear should be used to give comfort to the feet while not breaking the laws of ihraam. A skin cream can be used to protect against severe sunlight.

 

REGULATIONS & ETIQUETTE OF HAJJ, ahkaam wa adab al hajj

Conditions of hajj, shurrut al hajj, are ritual bathing, ghusl, and putting on clean garments as specified by the Law. The following actions are required before ihram: cleanliness; shaving or trimming hair including pubic hair, axillary hair, and the moustache; cutting nails; and washing the whole body, ghusl (BG 595). The following actions are forbidden for the muhrim: 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), and using perfume, al tatayub (BG 597). The time of hajj must be observed. 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. 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). 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 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. The formular for talbiyat is well known. The voice may or may not be raised in talbiyat (BG 619). Circumbulation of the kaaba, tawaaf, is done 7 times. Trotting or jogging, raml,is recommended (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), for a whole day. Stoning the devil, ramy al jimaar (MB 854, 855) involves ritual throwing of 7 pebbles at each of the three jamaraat. Kissing and touching the black stone (MB 812, and MB 816) is recommended if possible. The trot between safa and marwa, sa'ay, is an obligation (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). Hormones can be used by women to delay their menstruation in order to avoid interference with hajj rites.

 

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 for example cupping was allowed in hajj (MB 892, BG 602)

 

PROHIBITIONS OF HAJJ

Shaving hair is forbidden unless there is a medical indication (p 315 2:196-199). Violence is prohibited. 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)

 

PILGRIMAGE IN DIFFICULT CIRCUMSTANCES

Extreme heat could make the performance of outdoor rites difficult. War & Insecurity in Hejaz or on the way could interfere with hajj. 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 (p 315 2:196-199). Disease epidemics in Hejaz or on the way are a reason for delaying hajj and taking other precautionary public health measures.

 

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).

 

Patients with diabetes need to take extra precautions. Care should be taken by diabetics when drinking not to take drinks that have a lot of sugar that will disturb diabetic control. The patient should work closely with the physician. Control of diabetes should be achieved and stabilized at least 6 months before traveling for hajj. Forward planning is necessary to make sure that the same type of dietary regime will be available during hajj so that there are no sudden dietary changes that can spin diabetes out of control. Care of the feet is very important because of the high possibility of injury to the feet while wearing only sandals. This includes care of the nails that must be trimmed. The feet must be kept feet moist because dryness could lead to cracking that does not heal easily in a diabetic. Care is taken while walking not to have feet trampled on and injured by other pilgrims.

 

For patients of hypertension, blood pressure control and stabilization must be achieved at least 3 months before departure. Use of anti-diuretics must anticipate a hotter climate in Saudi Arabia with more fluid losses by perspiration. For patients with gout, dietary guidelines must be followed closely and attention must be given to proper hydration.

 

E. JIHAD

PURPOSE

Jihad can be taken for a variety of purposes: self-defense and checking aggression (p 304 2:194, 4:48, 8:60), protect freedom of religion (p. 304 2:19, 2:217, 4:76-77, 8:37, 8:73, 9:5, 9:11-12, 9:23, 9:41, 9:120, 22:39-41, 60:1), and removing oppression (p. 304 22:39-40). The highest and most noble purpose is to rause high the word of God, rafiu kalimat al Llaah (MB 1218).

 

OBLIGATION, takliif

Communal and individual obligation: Jihad is enjoined upon Muslims (p. 305 2:190-191, 2:193-194, 2:244, 4:71, 4:74-76, 4:84, 4:89, 4:104, 5:35, 8:39, 8:65, 9:5, 9:14, 9:38, 9:41, 9:73, 9:123, 47:4, 66:9). Refusing to participate in  jihad is an act of rebellion, ma'asiyat (p 307 3:155, 3:167-168, 4:72-73, 4:77-78, 5:54, 8:15-16, 9:39, 9:45, 9:118, 33:16-17, 60:1). Jihad is communally obligatory, fard kifayat, in most cases. It is individually obligatory, fard ayn, in specific instances. Jihad is communally obligatory when a Muslim country goes out to fight.  It is individually obligatory when a Muslim country is invaded. Jihad is also personally obligatory for all those in the battle-field. If killing and torture are likely on being captured, then men and women are all individually obliged to fight.

 

Conditions of obligation, shuruut al taklif:, The fighters must be adults, sane, able-bodied, mentally and physically healthy, and have parental permission (MB 1288, BG 1083). A fighter could stay back for a legal reason (MB 1228) like body weakness, illness, lack of provisions or equipment (p. 307 9:91-92).  The handicapped are excused (p. 307 48:17). Those who do not go to the war front may contribute by provisioning & equipping fighters or looking after their families (MB 1230). Women can carry water (MB 1244) or nurse the wounded (MB 1245). The obligation to fight is still operative even if under an unjust ruler (MB 1234).

 

PREPARATION and STRATEGY

Health preparation for jihad requires prompt diagnosis and treatment of diseases, a balanced diet, sports and physical exercise, and mental health by thinking of Allah. Psychological preparation involves maintaining and promoting the male aggressive instinct which is necessary in armed struggle. Psychological technics can be used in psychological warfare is used to create terror in the enemy camp (MB 1297). Material preparation requires that provisions be prepared in advance (MB 1280). Preparation of horses (MB 1236) and other means of transport including fighting vehicles. Preparation also includes financial contributions (p 304-305 8:72, 9:41, 9:44, 9:111, 9:120-121, 57:10, 61:11). Tactical preparation includes reconnaissance (MB 1233), diversionary movements (BG 1090), and other means of confusing the opponent because war is deceit (MB 1297). Counter intelligence operations are needed to identify and neutralize spies (MB 78). Allies who can give political, logistic, material, and military support should be approached. Help from polytheists is not accepted (BG 1093).

 

COMMAND, CONTROL, AND COMMUNICATION

The mujahidiin must unite (p. 305 8:46, 9:36, 81:4). They have to follow and obey the imaam (MB 1269, MB 1299).

 

RULES OF WARFARE

Fighting is forbidden in the holy sanctuary of Makka (p 302 2:191, 2:194, 2:217). Vigilance (MB 1246, MB 1247) and guarding, ribaat (MB 1250) are needed to avoid surprises by the enemy. There should be no unnecessary exposure to risk (BG 1097). The prophet wore a protective helmet (BG 1103). Women and children of the opponents are not killed unless they fight (MB 1294, BG 1094). Mutilation of the dead (BG 1088) or burning of enemy corpses (MB 1294) are not allowed. Animals and crops are destroyed only if that helps defeat the enemy; for example houses and farms can be burned (MB 1296). Enemy prisoners of war can be freed (BG 1107) or can be ransomed. Attempts must be made to get Muslim POWs released. Exchange of POWs is permitted (BG 1105). Stealing from booty, ghuluul (MB 1312 and MB 1313) is forbidden. Truces are permissible but not obligatory. They can be accepted only if they offer strategic benefits like the truce of Hudaybiyyat (BG 1128). Truces must follow the conditions stipulated by the Law, shuruut al musalahat (MB 1192). Peace treaties (MB 1340) can be concluded according to the provisions of the Law. Vigilance and caution against treachery are enjoined (MB 1345). Envoys are not imprisoned (BG 1121). Convenants must be respected (BG 1128).

 

CASUALTIES: Treatment of wounds, memory of the battle-fied, post war psychological trauma

 

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 Sr. October 2000