Nobody but the father should carry out the `aqîqah. Ibn Hajar writes in hos commentary on Sahîh al-Bukhârî: “According to the Hanbalî jurists, the father is the one who must carry it out unless that is impossible because of his death or his refusal to do so.”The scholars of the Shâfi`î school of law hold the view that it is recommended for a person whose father never performed his `aqîqah to do so for himself. We read in Nihâyah al-Muhtâj (8/138):
As for the Prophet (peace be upon him) having performed the `aqîqah for his grandchildren al-Hasan and al-Husayn, this is because he has more rights over the believers than they have upon their own selves.
A person does not carry out the `aqîqah on his own behalf when he grows up… because the `aqîqah is something prescribed for the father. No one else should do so, like a non-relative for instance. If someone else does so, it is not disliked, since there is no evidence to say that. However, it will not take the ruling of an `aqîqah.
Others from among our scholars have ruled that it is recommended for a person to perform the `aqîqah for himself if his father never did so for him. These scholars include the authors of al-Mustaw`ib, al-Rawdah, the two works entitled al-Ri`ayah, the two works entitled al-Hâwî, and al-Nazam.
For instance, it says in al-Ri`ayah: “[The person can perform `aqîqah for himself] in emulation of the Prophet’s example. This was the opinion of `Atâ’ and al-Hasan. This is because the ``aqîqah prescribed on behalf of the person, and the person is in a sense held in mortgage by it. It is suitable for him to be able to carry it out on his own behalf to release himself from that mortgage.”
Whoever reaches the age of puberty without having has the `aqîqah offered on his behalf, then it is preferable for him to do so for himself.We say in conclusion, if a person is able to carry out the animal sacrifice for himself, andit has not been offered on his behalf already, then it is preferred fro him to do so on his own behalf. This is according to the view of a number of scholars.
There is no problem with taking a non-refundable down payment. This is the most correct of the two opinions that have been expressed by the scholars. This is on the condition that both the buyer and seller agree to it and the purchase has not yet been transacted.The Islamic Law Council has published the following resolution on this matter:
After reviewing the papers presented to the Council in reference to the question of non-refundable down payments, and after listening to the discussions that have been put to the floor, the Council has made the following determinations:And Allah knows best.
1. The down payment under discussion is one where the buyer gives a certain sum of money to the seller as a deposit with the understanding that when the buyer receives the item being purchased, the sum will be counted as part of the purchase price. In the event that the buyer forfeits on the purchase, the seller keeps the deposit.
This deposit is legally treated like a rental agreement, since it is also a sale of benefits.
Exempted from this general permissibility is any sale where contractual validity is dependent on one of the two parties receiving his share of the exchange in full at the time of sale, as is the case with forward buying.
Also exempted is any sale where contractual validity is dependent on the full exchange on behalf of both parties at the time of sale, as is the case with currency exchanges and like-for-like transactions.
Likewise, in sales with a mediating reseller who sells to the buyer at a higher price (murâbahah), such down payments cannot be received by the party ordering the purchase if the transaction is at the stage where the purchase is being negotiated. At the actual time of sale, it may be received.
2. It is allowed for the seller to receive a down payment in sales where the date for concluding the sale is clearly defined. This down payment becomes part of the purchase price when the sale is concluded. It becomes the exclusive right of the seller in the event that the buyer defaults.
We engaged in medical work among the Christian Lucu people of Sierra Leone without our calling them to Islam verbally, but they were affected by our doctors and asked them about Islam and were convinced of its truth. Two of the tribal leaders accepted Islamand then most of the tribe’s members accepted Islam as well. The percentage of Muslims in that region increased from 5% to 60% in the period of a year and a half. We then built an Islamic center in their area that included a school, a clinic, a mosque, and a vocational training center for women. We sponsored the tribal leaders for Hajj and they were greatly moved. When they returned, they were very eager to call others to Islam.The following are some practical ways that a medical professional can call to Islam through his conduct:
There was a successful Islamic worker who served Allah through his patience in dealing with other people’s problems. He had a relative who was an alcoholic, someone who was shunned by people and turned away from every door. One day, this man visited the Islamic worker, who opened his heart and home to the man and honored him with his hospitality. The alcoholic continued to visit him for weeks on end until finally his condition improved and he was guided to Allah.4. Being gentle and kind
Then the Islamic worker fell ill and was admitted to the hospital for surgery. The newly guided man stayed by his side, praying for him and serving him, never leaving his company. Then one day as he tried to come inside, he was prevented by one of the Islamic worker’s friends. They quarreled and that “doorman” slapped him in the face. It was a slap sufficient enough to send the man back into alcoholism and to cause him to abandon the path of Allah.
A doctor should provide medical care to the poor of the same quality that he provides to the wealthy.7. Respect for religious injunctions
I have seen some supposed doctors who, if they treat a patient with a severe illness and that patient recovers at their hands, they become enamored of themselves and speak as if they are despots. Anyone like that will not be divinely helped or guided rightly.
The doctor must place his reliance upon Allah in his treatments and entrust the cure to Him, and not to his own skill or knowledge. He needs to rely upon Allah for everything. If he does the opposite and looks upon his own skills, talents, and level of expertise, Allah will deny him success in healing.
Scholarly Views as to What Constitutes Court EvidenceThis brings us to the important question of what constitutes evidence in an Islamic court of law.
Audio Recordings as a Substitute for a Witness’s AttendanceThe admissibility of audio recordings of a witness’s testimony as a substitute for that witness appearing in court depends on whether it is possible for the witness to physically appear. If the witness is able to appear in court, then it is obligatory for the witness to do so. Audio recordings will only be admissible in the event that attendance is impossible.
Audio Recordings as Evidence in the Absence of WitnessesIf the recordings are not a substitute for a witness’s testimony, but provide evidence that sheds light on the validity of the claims being made in the case, then we have to determine the quality of such evidence. After considering the nature of audio recordings, it appears that we can acknowledge them as circumstantial evidence, to the level that they contribute to other available corroborating evidence. Audio recordings do not, however, reach the level of being direct evidence. In other words, they do not constitute proof.