If a person dies because of driving too fast, is he regarded as having committed suicide?

What is the ruling on one who drives too fast in the fast lane on the highway? Is the one who dies as the result of driving too fast in the fast lane regarded as having committed suicide? 
What is the ruling on one who dies because of driving too fast whilst he is rushing a casualty to the hospital?.

Praise be to Allaah.

Firstly:

Driving too fast is not a good thing, because of the accidents and dangers that result from it. Hence the scholars have spoken sternly about it and they regard driving over the speed limit as carelessness on the part of the driver, so he is liable for loss of life, limb or property that results from that. Any death that results from that is regarded as accidental killing or manslaughter, for which he must pay the blood money (diyah) and offer expiation (kafaarah).

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: A person died because of an accident in which the car was speeding. Can it be said that this is a kind of suicide?

He replied: No, this is not suicide, rather he has killed himself by mistake. If speed was the cause of the accident then he killed himself by mistake, because if he were asked: were you driving so fast to die? He would say: No. So this is not suicide. But it may be said that he killed himself by mistake. End quote from Liqa’ al-Baab il-Maftooh (73/19).

Secondly:

Taking the wounded and injured to hospital is a good deed, for which a person will be rewarded. But he should not bring harm upon himself or upon the injured person by driving too fast or going through red lights. That may lead to something that will cause a delay in bringing the sick person to the hospital.

As for the one who died as the result of this speeding, we ask Allaah to forgive him, and to reward him for his good intention, and that is not regarded as suicide, because he did not mean to kill himself, rather his intention was to do good by taking the sick person to hospital quickly.

And Allaah knows best. Continue reading

Should she leave the prayer in congregation because her child cries?

If I enter the mosque and the imam is bowing, if I bow with him will that rak’ah count for me, even though I have not recited al-Faatihah? Should I say one takbeer or two?.

Praise be to Allaah.

Firstly:If a person enters the mosque when the imam is bowing, he should bow with him, and his will have caught up with the rak’ah if he joins the imam when he is bowing, even if he did not bow fully until after the imam stands up. Imam Abu Dawood said: I heard Ahmed being asked about a man who catches up with the imam when he is bowing; he says takbeer and bows, then the imam stands up. He said: If he placed his hands firmly on his knees before the imam stood up, then he has caught up with the rak’ah.  End quote.

See: Masaa’il al-Imaam Ahmad by Abu Dawood, p. 35; Haashiyat al-Rawd, by Ibn Qaasim, 2/275; al-Majmoo, 4/215.

Then he should be at ease in bowing, and rise from bowing, and follow his imam.

Shaykh Ibn Baaz said: If a person catches up with the imam when he is bowing, that rak’ah counts for him, even if he does not say the tasbeeh until after the imam has stood up. End quote.

Majmoo’ Fataawa Ibn Baaz, 11/245-246 Continue reading

He does not pray in congregation because of his work

If a person sometimes does not go to Fajr or Taraweeh prayer because of intense pressure at work, is that permissible or not? Please note that my father usually does not fail to pray Taraweeh in Ramadaan unless he is sick and he is also religiously-committed – praise be to Allaah – but now because of the pressure of work he does not go to pray sometimes.

Praise be to Allaah.

Prayer in congregation is obligatory at all times, because Allaah says (interpretation of the meaning):

“When you (O Messenger Muhammad) are among them, and lead them in As‑Salaah (the prayer), let one party of them stand up [in Salaah (prayer)] with you taking their arms with them; when they finish their prostrations, let them take their positions in the rear”

[al-Nisa’ 4:102]

Allaah has enjoined prayer in congregation at times of war, so how about at times of peace?

Al-Bukhaari (608) and Muslim (1040) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “I was thinking of ordering that firewood be gathered, then I would order that the call to prayer be given, then I would order a man to lead the prayer, then I would go to men who do not attend the prayer and I would burn their houses down around them.” In Saheeh Muslim (1044) it says: A blind man came to the Prophet (peace and blessings of Allaah be upon him) and said: “O Messenger of Allaah, I do not have a guide to bring me to the mosque.” He asked the Messenger of Allaah (peace and blessings of Allaah be upon him) to grant him a concession allowing him to pray in his house, and he granted him that concession, but when he turned to leave he said: “Can you hear the call to prayer?” He said: “Yes.” He said: Then answer it.” So the Muslim should regularly pray in congregation at all times, and not let any worldly distractions keep him away from that.

Allaah says (interpretation of the meaning):

“O you who believe! Let not your properties or your children divert you from the remembrance of Allaah. And whosoever does that, then they are the losers”

[al-Munaafiqoon 63:9]

You should advise your father and remind him of this saheeh evidence, with wisdom and beautiful preaching. Continue reading

He works as an accountant and does not pray in congregation occasionally because of that

I work as an accountant and when the time for prayer comes I cannot pray in congregation sometimes, until my colleague comes and replaces me. Please note that outside of work I offer all the prayers regularly in the mosque.

Praise be to Allaah.

Prayer in congregation is obligatory for men who are able to do it, according to the more correct of the two scholarly opinions, based on a great deal of evidence that has been explained in the answer to question no. 8918.

An exception from that is made for the one whose work cannot be left because obvious harm would result from that, such as those who guard important places or doctors doing surgery and the like; they may stay away from prayer in congregation.

As for working as an accountant, there does not seem to be any reason for not praying in congregation because of it, because you can close the books, computers and offices in order to go and pray. The boss has no right to stop employees from praying in congregation. This has been discussed in the answer to question no. 72895.

We advise you to try to pray in congregation and to do things that will help you to do that, and to advise your bosses at work, because prayer is the most important pillar of Islam after the Shahaadatayn, and it is the cause of success and prosperity in this world and in the Hereafter.

And Allaah knows best. Continue reading

Adding another rak’ah to the imaam’s witr because one wants to pray some more

Some people, when they pray witr with the imaam and he says salaam, they get up and do another rak’ah, because they want to do more prayers before praying witr later in the night. What is the ruling on this action? Is it considered to be forsaking the prayer with the imaam?

Praise be to Allaah.

We do not see anything wrong with this, and the ‘ulama’ stated that there is nothing wrong with doing this, so that his witr will be at the end of the night. He will be considered to have prayed with the imaam until he finished, because he stayed with him until he finished, and added another rak’ah for a shar’i reason, which was so that he could pray witr later in the night. There is nothing wrong with this, and it does not mean that he did not stay with the imaam until he finished, but he did not finish with him – he delayed it a little longer. Continue reading

He did not pray in congregation because he was afraid that it would delay healing of his feet

I am a young man and praise be to Allaah, I pray regularly in congregation, But sometimes when my feet get hurt, I put a dressing on my feet and I do not go to the prayer, because I am afraid of the pain being made worse by walking there and back, and I pray at home, because if the problem gets worse, I will have to rest for a longer time, then I will not go to the mosque. What is the ruling on that?.

Praise be to Allaah.

May Allaah bless you for your eagerness to pray in congregation. I ask Allaah to make us and you steadfast in obeying Him and to accept it from us and from you.

Yes, sickness is one of the excuses for which one may stay away from prayer in congregation.

It says in al-Mawsoo’ah al-Fiqhiyyah (27/187):

This refers to sickness which makes it difficult to go to the mosque in order to pray in congregation.

Ibn al-Mundhir said: I do not know of any difference of opinion among the scholars concerning the fact that a sick person may stay away from prayer in congregation because of his sickness. When the Prophet (peace and blessings of Allaah be upon him) was sick he stayed away from the mosque and said: “Tell Abu Bakr to lead the people in prayer.” End quote.

The fuqaha’ (may Allaah have mercy on them) have stated that if the sick person is afraid that his recovery may be delayed, then he is excused and the duty of worship is reduced in his case, whether it is prayer, fasting, purification or anything else.

See: al-Insaaf (2/305) and al-Mawsoo’ah al-Fiqhiyyah (14/258).

What counts in such cases is the opinion of a trustworthy doctor, or knowledge of that due to experience.

If a great deal of walking will delay recovery, then there is no sin on you if you do not attend prayers in congregation in the mosque. So long as you pray regularly, you will have the reward of praying in congregation in sha Allaah, because of the hadeeth of Abu Moosa al-Ash’ari (may Allaah be pleased with him), according to which the Prophet (peace and blessings of Allaah be upon him) said: “If a person falls sick or travels, there will be recorded for him the same reward as that for what he did when he was healthy or was at home.” Narrated by al-Bukhaari (2834).

And Allaah knows best. Continue reading

Joining Maghrib and ‘Isha’ because of the curfew

We are in Iraq and in our city there is a curfew which starts at 10 p.m. The imam of our mosque does not have much knowledge of fiqh, and he has started to combine Maghrib and ‘Isha’. He prays Maghrib with three rak’ahs then he prays ‘Isha’ with four rak’ahs immediately after Maghrib, then after that he gives the adhaan for ‘Isha’ prayer at the time for ‘Isha’.
Is this action of his in accordance with the Qur’aan and Sunnah, or what? What is the proper manner of performing the fear prayer according to sharee’ah?
Please advise us, may Allaah reward you.

Praise be to Allaah.

Firstly:

Yes, in your situation it is permissible to combine Maghrib and ‘Isha’ prayers. It is narrated in the Sunnah that the Prophet (peace and blessings of Allaah be upon him) used to join Maghrib and ‘Isha’ prayers because of rain. Muslim (705) narrated from Sa’eed ibn Jubayr that Ibn ‘Abbaas (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) joined Zuhr and ‘Asr, and Maghrib and ‘Isha’ in Madeenah at times other than times of fear or rain. I said to Ibn ‘Abbaas: Why did he do that? He said: So that his ummah would not be faced with hardship.

The fact that Ibn ‘Abbaas (may Allaah be pleased with him) stated that it was not because of fear or rain indicates that these are two of the reasons for joining prayers.

Shaykh al-Islam [Ibn Taymiyah] said:

It is permissible to combine the two evening prayers because of rain, strong cold winds or muddy conditions and the like, and this is the more correct scholarly view. This is the view of the madhhabs of Ahmad, Maalik and others.

And he said: It is permissible to combine prayers in the case of severely muddy conditions or severe cold wind on a dark night, etc, even if rain is not actually falling, according to the more sound of the two scholarly opinions. That is better than praying in one’s home, because not joining the prayers in the mosque and praying at home instead is an innovation that is contrary to the Sunnah. The Sunnah is to offer the five daily prayers in the mosque in congregation, and that is better than praying at home, according to the consensus of the Muslims. Joining the prayers in the mosque is better than praying them separately at home according to the consensus of those imams who regard joining the prayers as permissible, such as Maalik and al-Shaafa’i. End quote.

Majmoo’ al-Fataawa, 24/30

In your situation, the reason for joining the prayers is undoubtedly more pressing than rain. Continue reading

Joining prayers because of rain

Is it permissible to join Zuhr and ‘Asr prayers, or Maghrib and ‘Isha’, when it is raining?.

Praise be to Allaah.

There is a concession allowing Maghrib and ‘Isha’ prayers to be joined at the time of Maghrib, with one adhaan and iqaamah for each of them, when there is rain that soaks people’s clothes, when going back to the mosque for ‘Isha’ will cause hardship. This is according to the more correct of the two scholarly opinions.

Similarly it is permissible to join them when it is very muddy, according to the correct scholarly view, so as to avoid hardship and difficulty. Allaah says (interpretation of the meaning):

“and has not laid upon you in religion any hardship”

[al-Hajj 22:78]

“Allaah burdens not a person beyond his scope”

[al-Baqarah 2:286]

Abaan ibn ‘Uthmaan (may Allaah be pleased with him) joined Maghrib and ‘Isha’ on rainy nights, when there was a group of senior scholars from among the Taabi’een, and it is not known that any of them objected, so that meant there was consensus.

That was mentioned by Ibn Qudaamah in al-Mughni. It is also allowed for a person who is very sick to join Zuhr and ‘Asr at the time of either of them, depending on what is easier for him, and he can join Maghrib and ‘Isha’ likewise, so as to avoid hardship.

Fataawa al-Lajnah al-Daa’imah li’l-Buhoot al-‘Ilmiyyah wa’l-Ifta’, 8/135.

If it is asked: can we join prayers because of rain in the mosque or at home? The answer is:

What is prescribed is for the people who pray in the mosque to join their prayers if there is a reason that justifies joining them, such as rain, so as to attain the reward of praying in congregation whilst also being kind to the people. This is what it says in the saheeh ahaadeeth.

With regard to joining the prayers at home for the reason mentioned, that is not permissible because it is not narrated in sharee’ah and there is no excuse that would permit joining the prayers.

Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’, 8/134. Continue reading

Joining two prayers because of sickness

There is a person who is sick with stomach cancer, and an opening has been left in his body at the stomach level for fluids and waste products to come out. He is asking whether it is permissible for him to join prayers.

Praise be to Allaah.

Yes, it is permissible for him to join prayers, so he may join Zuhr and ‘Asr, and Maghrib and ‘Isha’, at the time of the earlier or later prayer, depending on what is easiest for him. Difficulty caused by sickness is one of the excuses which make it permissible to join prayers. The Prophet (peace and blessings of Allaah be upon him) granted a concession to the woman who suffered from istihaadah (non-menstrual bleeding), and he allowed her to join prayers. Narrated by Abu Dawood (287) and al-Tirmidhi (128);classed as hasan by al-Albaani in Saheeh al-Tirmidhi.

Istihaadah is a kind of sickness, and Imam Ahmad quoted as evidence for it being permissible for a sick person to join prayers the fact that sickness is worse than travel. He was treated with cupping after sunset, then he ate supper then he joined Maghrib and ‘Isha’ prayers. End quote. Kashshaaf al-Qinaa’ (2/5).

Note:

It should be noted that the sick person for whom it is permissible to join prayers should offer each prayer in full without shortening it, because shortening the prayers is only permitted for the traveller. What some people think, that if a person joins the prayers at home because of sickness he is also allowed to shorten them, is not correct.

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: The reason for shortening prayers is travel only, and it is not permitted when one is not travelling. As for joining prayers when one has an excuse or a need, if he needs to, he may join them when travelling short or long distances, and he may join them when it is raining and the like, or when he is sick and the like, or for other reasons. The aim behind this is to spare the ummah from hardship. End quote from Majmoo’ al-Fataawa (22/293).

We ask Allaah to heal the sick Muslims and to bless them with patience and contentment, and compensate them with good.

And Allaah knows best. Continue reading

Joining Zuhr and ‘Asr because of military manoeuvres

We are working in the military, and we often have to perform some military maneuvers, only for training. Since these maneuvers are just like a real battle, in terms of using real weapons and other military tactics, like having a zero hour which is the time set for the start of a military operation. The soldiers at zero hour should take their positions according to the plan, whether on the ground or inside the military vehicles. After this no one is allowed to leave his position under any condition, just like a real war. During the operation we fire by real weapons like if we were in front of a real enemy. These operations sometimes take the time of one obligatory prayer or two, sometimes even more than this. The problem we face is that we cannot pray on time in congregation. For example, an operation starts at 11.00 until before sunset. This takes time for both Dhuhr and ‘Asr, and no one is allowed to leave to pray every prayer on time. The question here is: is it permissible in this case to pray Dhuhr and ‘Asr together? Knowing that leaving the operation for every prayer will mean achieving a lower grade for the training.

Praise be to Allaah.

It is permissible to join Zuhr and ‘Asr at the time of the earlier or later prayer in cases such as this, because joining prayers is a concession that is granted. So whenever one needs to join them, one may join them. Hence it is proven in al-Saheeh from Ibn ‘Abbaas (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) joined prayers in Madeenah at times other than times of fear or rain. It was said to Ibn ‘Abbaas: Why did he do that? He said: So that his ummah would not be faced with hardship., i.e., that they should not suffer hardship because of offering each prayer on time. End quote from Fataawa Noor ‘ala al-Darb by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him).

You have to advise those who are in charge of these manoeuvres to choose times for them that do not conflict with the prayer, so that the soldiers can join Zuhr and ‘Asr at the time of either the earlier or later prayer.

May Allaah be pleased with ‘Umar ibn al-Khattaab, who wrote to his governors in the regions: The most important of your affairs in my view is the prayer. Whoever prays regularly has protected his religious commitment, but whoever is careless about it will be more careless about other things. Narrated by Maalik in al-Muwatta’ (6).

And Allaah knows best. Continue reading