In Surah Ahzaab, verse 32, Almighty Allah instructs the noble wives of Rasoolullah sallallahu alaihi wa sallam with the following: "...if you do fear (Allah) be not too complaisant of speech lest one in whose heart is a disease, should be moved with desire: but make a statement that is just.” This command makes it quite clear that the voice of a woman, by nature, can be alluring to the degree that passions of men folk are aroused. Hence she is ordered to alter that alluring and seductive tone in her voice when the need arises to converse with men. She should speak, not rudely or offensively, but in a matter-of-fact manner without overtures.
The question of whether the female voice is an object of concealment (satar or purdah) has been debated by the Scholars of Islam. We provide some food for thought on this issue, especially during times when Muslims have sadly discarded the Islamic injunctions on hijaab, and are facing the detrimental effects of such abandonment.
Shaikh Ali Saabooni supports the Hanafi view that the voice of a woman is satar. He quotes the following hadeeth shareef in his book, Raw’iul-Bayan (vol. 2 p.157): “Takbeer is for men, and clapping hands is for women.” That is, when she has to drew attention, she will clap the hands, while a man will recite takbeer. This proves that her voice will always remain concealed.
There is debate among Ulema over whether a woman should cover her face or not. The majority of Ulema rule that it is waajib for her to cover the face because the ultimate beauty and attraction lies in the face of a woman. She may uncover the face in cases of necessity. Needless to say, these Ulema have advanced strong proof for their claim, which we will not mention here. In like manner, debate has surfaced over the pardah of a woman’s voice. There is a large group of Ulema who say that her voice is also an object of concealment, only to be exposed when necessary. The use of the voice is a major necessity in our lives, so this she is not denied. In fact, the necessity of using the voice is far greater than exposing the face. According to the Maliki math-hab, the voice of woman is aurah. In the Shaf’ee and Hambali Math-habs, there are two views, one that it is aurah, the other that it is not. Both views have been narrated from Imam Ahmed bin Hambal (R.A.) Likewise in the Hanafi Math-hab there are two views of equal strength. All the Schools of Fiqah are unanimous on one issue, though, that it is haraam for a man to listen to a woman speaking or singing in a melodious or alluring tone.
Among the Hanafi Fuqahaa, Imam Abul-Abbas Qurtubi states: When we say the voice of a woman is aurah (object of concealment) we do not mean her (necessary) speech, for she is allowed to speak to strangers when necessary. However, we do not allow her to raise her voice (unnecessarily) or to speak in an alluring, melodious, and attractive way For this leads to arousing the attentions and passions of menfolk. That is why a female is not allowed to give azhaan. (Raddul-Muhtaar)
Here is more food for thought to convey the Shar’ee concept on this issue: A woman may not call out the azhaan; she may not lead men in salaah; she may not make loud zhikr; she may not recite Quran aloud; she may not conduct the Jumu’ah sermon; she may not read the talbiya aloud; she may not read qiraat aloud in salaah. Several Hanafi Scholars such as Allama Ibnul Hummam, Burhan Halabi, etc. say her salah breaks if she reads aloud.
Those Scholars who say that her voice is not an object of concealment are not issuing a license for her to showcase her vocal talents, or to engage in unrestricted conversation with men. She may speak when necessary. Due to the natural danger that exists, the ill-effects of which we are suffering today, Jurists and Scholars rule that both the face and voice must be concealed, and only exposed at the time of necessity.
It is evident from the above that there is a strong case to support the view that the voice of a woman should not be heard unless due to a necessity. The Fuqaha have ruled, on the basis of Qur’aan and Sunnah, that the woman’s voice is intrinsically an object of concealment only to be exposed during times of necessity. In a hadith of Abu Dawood it is stated that some women did not even speak to the Messenger of Allah sallallahu alaihi wa sallam, but wrote notes to him instead. Hazrat Ayesha (radhiyallahu anhaa) says that once a woman came to the Prophet of Allah sallallahu alaihi wa sallam with a letter which she handed to him from behind a screen. (Abu Dawood). The Messenger of Allah in turn did not force them to speak up, nor did he disapprove of the practice (of sending in a hand-written note).
When the need arises for a female to ask a question on some religious matter, or to communicate some important information to a male that will be allowed on the basis of necessity. A necessary and unavoidable situation is not something that happens daily and cannot form the basis for a general ruling.
Monday, October 13, 2008
The Question of the Female Voice
Thursday, August 21, 2008
Taqleed Among the Sahaaba
With doubts circulating among certain sectors nowadays as to the importance of Taqleed, we furnish a few examples of Taqleed among the Sahaaba.
Hazrat Umar and Taqleed
In his famous book, I’laamul-Muwaqqi’een Allama Ibnul Qayyim (RA), who is a student of Allama Ibni Taiymiyyah (RA) writes the following:
Daarimi reports that Hazrat Umar (Radhiyallahu anhu) had devised a rule in his time, that when no hadith is available on any new issue, then people will practice on the Fatwa of Hazrat Abubakr (radhiyallahu anhu). (This was after the demise of Hazrat Abubakr) When no fatwa of his was available then people must practice on whatever the Ulema rule after mutual consultation (mashura).
This incident proves that all people were bound to follow one particular Imam or one fatwa. Since Hazrat Umar (Radhiyallahu anhu) had the authority of Khilafat, he was able to enforce this ruling. Nowadays there is no such authority, hence every second person becomes his own mujtahid. This incident also points out that the Fatwa of Ulema is a valid basis upon which people can base their practice. Hazrat Umar (radhiyallahu anhu) did not impose the furnishing of any proof for such fatwa.
HAZRAT MUAATH:
Aswad bin Yazeed narrates: Muaath bin Jabal (radhiyallahu anhu) came to us in Yemen as a teacher and commander. We questioned him regarding a man who had died leaving behind a daughter and a sister. He decreed half the estate for the daughter and half for the sister. This was while Rasoolullah (sallallahu alayhi wasallam) was still alive. (Kitabul-Faraaidh, Bukhari)
HAZRAT ZAID BIN THAABIT:
Imam Bukhari narrates that during one Hajj season the Ansaar of Madinah asked Hazrat Abdullah bin Abbas (radhiyallahu anhu) a question pertaining to females who experience menses during their Hajj. Ibni Abbas answered their question. However, they refused to accept the answer because they had received a different answer from Zaid bin Thaabit, who was their Mufti and leader. They said: “O Ibni Abbas, we cannot follow your ruling because you differ with Zaid bin Thaabit. Instead, we will only accept the fatwa of Zaid (R.A.)”
HAZRAT ABDULLAH BIN MASUD (radhiyallahu anhu)
A man came to him with the following question: A woman got married but no mehr (dowry) had been stipulated for her. Before consummation of the nikah her husband died. How much dowry is she entitled to?
This issue is not specifically mentioned in Quran and Hadith. He, therefore, requested a month’s grace to research and ponder over the answer. After a month he said: She is entitled to the mehrul-mithl, not more, not less.
The above are a few of hundreds of incidents where Sahaaba issued rulings which were based on principles of Quran and Hadith, but did not mention the basis of their answers. This does not mean that their fatwas were not based on proof, for such an act is unthinkable. What is meant in the above episodes is that people who followed the Sahaaba did not demand proof, for in order to act on a ruling one does not need to know the basis of that ruling. This is the essence of Taqleed. Ulema have defined taqleed as accepting and following a ruling without seeking proof therefore. This type of taqleed was not condemned by any Sahaabi of that time, nor by any Aalim after them. The Muftis of today merely repeat the Fatwas of the Sahaabi. In fact, they base their fatwas and rulings on those issued by the Sahaaba.
THREE TYPES OF AAMEEN
During the time when the British ruled India a dispute arose in one Musjid between Hanafis and Ghair-Muqallids regarding the utterance of aameen aloud behind the Imam. The Hanafis would saying aameen softly, while the Ghair-Muqallids shouted aameen at the top of their voices. This behaviour annoyed some of the Hanafi musallees, resulting in a dispute. The dispute took a violent turn and led to blows inside the Musjid. Police were called in to restore order, and consequently, offenders from both parties were arrested. The matter went to court, where the presiding Judge happened to be British. Knowing nothing about the business of loud or soft aameen, but determined to get to the bottom of the conflict, he called in expert
witnesses. These were independent Ulema who had to explain the different types of aameen. They thus explained that in Islam there are two types of aameen. One is aameen bil jahr (loud aameen), the other is aameen bis-sirr (soft aameen). The first is practiced by Shaafi’ees and Hambalis, while the second is the practice of Hanafi and Maliki followers. The Ulema further explained that the different Schools of Fiqh practiced these two methods in harmony for centuries. The Judge was fascinated by this explanation of the Ulema. He asked them again: “Are you sure these are the only two types of aameen in your Shariah?” The expert witnesses confirmed that indeed there was no third type. At the time of passing judgment the Judge made the following comment: “Having heard the expert witnesses expound on the different types of aameen, I have come to the conclusion that there are actually three types of aameen among Muslims. One is aameen bil-Jahr, the other is aameen bis-sirr. These two types are prevalent and widely accepted among Muslims, and were authentically transmitted from the early days of Islam. As for the third type, this I call aameen bish-sharr (the aameen of evil!), and this has no place in Islam! This is the aameen over which people fight.”
How true is the observation of this non-Muslim judge. The different mathaa-hib co-existed in total harmony for centuries. In the olden days one never heard of animosity among the followers of the different math-habs. It appears that the discord arose when people discarded the math-habs and did not tolerate views that were based on valid Islamic proof.
Thursday, July 17, 2008
Guidelines on Janaza of Babies
1. A baby that died inside the mothers womb before being born (i.e. a stillborn baby) should be given a proper, sunnat ghusl, but not a full kafan. Instead it should be wrapped in one piece of cloth and buried. There is no janaaza salah for such a baby, but it will be given a name before burial.
2. When a mother suffers a miscarriage and no limbs of the fetus have developed then there is no ghusl, kafan, or janaaza salah, nor will it be given any name. The fetus will be wrapped in a piece of linen and buried in a hole.
3. If the fetus in a miscarriage has developed a limb, such as hands, or feet, or head, etc. then it will be treated like a stillborn baby, and the rules mentioned in number 1 above will apply.
4. A baby that is born alive but dies after birth will be treated as an adult. Ghusl and kafan will be given as normal, it will be named, and janaaza salah will be read. Burial will be normal.
5. The grave for babies needn’t be the size of an adult. Children's graves will be dug according to the size of the child.
Monday, July 7, 2008
Haidh or the Monthly Menses
We enlist a few important rules about the monthly menstruation experienced by females. Sadly, most of our sisters are not fully acquainted with the relevant haidh laws. It is fardh upon them to learn at least the basic rules of haidh.
1. Firstly, it is wajib (compulsory) upon a woman to keep a written record and track of her monthly periods. Failing to do so results in many complications, and makes it difficult for the Mufti to provide her with clear answers to her problems.
2. It is makrooh for a woman to use a tampon during haidh, since the Jurists have prohibited the insertion of anything into the vagina. (Ibni Aabideen). She should rather use the normal pad.
3. It is mustahab (meritorious) to apply perfume or any pleasant smelling substance to the pad, so as to neutralise the strong odour of the menses.
4. If the haidh began while performing a faradh salah, the salah will break, but she does not need to offer the qadha for that salah.
5. If haidh began during a sunnat or nafl salah then she should make the qadha of that sunnat or nafl after becoming clean.
6. If haidh began after half a day of fasting had passed, be it fardh, sunnat, or nafl fast, then the fast breaks and she must observe the qadhaa when she becomes paak (clean).
7. If the haidh began right at the very end of the salah time, and she had not yet offered her salah, then that salah is also waived. She does not need to perform its qadha.
8. The maximum number of days for haidh is 10. Any flow above this will not be considered as haidh, but istihaaza. The minimum number of days for haidh is 3, and any flow that lasts for less than three days is also istihaaza, not haidh.
9. During the state of haidh sexual relations with the husband is not permissible. However. If the wife’s haidh ended after exactly 10 days, then sexual relations with the husband will be permitted even before she had taken a bath.
If, however, the haidh ended any time before 10 days, then until the wife takes a ghusl (bath), sexual relations with the husband will not be permissible.
Wednesday, June 18, 2008
Inheritance Simplified
In earlier issues of Al-Farouq we provided readers with some basic laws on Meerath or Inheritance. In this edition we mention some simplified rules for the allocation of shares in an estate.
1. It must be remembered, and we stressed this point in the past, too, that there are 12 groups of people whose shares Almighty Allah has already fixed and allocated. Hence, there is no need to mention these heirs in one’s will. They will automatically inherit in the estate. These twelve are: husband, wife, brother, sister, father, mother, daughter, grand-daughter, grandfather, grandmother, paternal sister, and maternal sister.
2. Paternal sister means a sister from the father’s side. For example, Zaid has got two wives. Each wife bears him a daughter. These two daughters are paternal sisters to each other. A maternal sister is a sister from the mother’s side. For example, Fatima was married to Zaid and bore him a daughter. Zaid died and Fatima married Bakr, whom she also bore a daughter. Fatima now has two daughters from two different husbands. These two daughters are maternal sisters. If either one dies, the survivor will inherit.
3. In the presence of the father, the grand-father does not inherit.
4. In the presence of the son, the grandson does not inherit.
5. When the mayyit has sons, the mayyit’s brothers and sisters are deprived of any share in the estate. If the mayyit has only daughters and no sons then the brothers and sisters of the deceased will inherit from him or her.
6. The following heirs will always inherit, notwithstanding any other surviving relatives: WIFE, HUSBAND, MOTHER, FATHER, SON, DAUGHTER.
7. In the absence of mother, grandmother inherits if she is living. Likewise, in the absence of daughter, grand-daughter inherits. (By absence it is meant that the heir concerned has already passed away.)
8. When the wife dies and she has children of her own, even if they are from an ex-husband, then the present husband will receive a quarter of the estate, while the remainder will go to the children.
9. When dividing the estate between children, a son must receive double the share of a daughter.
Example of points 8 and 9: Zainab died and was survived by: Husband, 2 sons, and 1 daughter. Besides them there are no other heirs. The husband must get a quarter of the whole estate (25%), while the remaining 75% must be distributed among the sons and daughter. Divide that 75% share into 5 equal portions giving, 2 portions to each son and 1 to the daughter.
Friday, May 16, 2008
The Qurbani Period
1. Qurbani may only be done during the days of Nahr. NAHR actually means the sacrificing of a camel. But this term is generally used for the three days of qurbani, viz:
10, 11, & 12 ZHUL-HIJJA.
This is the period or the days of qurbani.
2. The qurbani period starts from subuh sadiq(dawn) on the 10th Zhul-Hijja and ends at sunset on the 12th.
Qurbani is allowed at any time during this period, including the nights of the 10th and 11th, but not the night of the 12th.
Note: Unlike other days where the night precedes the day, the qurbani nights come AFTER the days. Hence qurbani is not valid on the night before Eid.
3. People living in towns or cities, where Eid Salah is performed may not do their qurbani until after the Eid Salah.
4. But those staying in rural areas (farms, etc.) may begin their sacrifices at the break of dawn on Eid day, even if they intend coming into the city for Eid Salah later on.
5. It is proper for a city-dweller to delegate someone living in the countryside or rural area to perform his (the city-dweller's) qurbani in that rural area BEFORE Eid Salah.
The place where the animal is sacrificed should always be considered to determine whether qurbani is permissible before Eid Salah or not. If the animal is being slaughtered in a rural area, that qurbani is jaiz before Eid Salah. And if it is being cut in the city then the qurbani is only jaiz after Eid Salah.
Hence, one living in the countryside cannot send his animal into the city to have the qurbani done there before Eid Salah.
On the same principle, if one's qurbani is being offered in another city or country, the Eid Salah of that area will be considered.
6. From the above it is clear that if one (male or female) living in the city made qurbani before Eid Salah, it is not valid and will have to be repeated. The animal thus slaughtered will be halaal, but will not be counted as qurbani.
7. If Eid Salah is conducted at several places in one city then it will be jaiz to commence qurbani after the earliest Eid Salah, even though the sacrificer has not yet read his Eid Salah.
8. Those people who are exempted from the Eid Salah, such as women, minors, the lame or sick, must also wait for the completion of the Eid Salah before they can begin sacrificing.
9. If qurbani was offered immediately after Eid Salah, but BEFORE the Eid khutba, it will be valid. But to do so intentionally is sinful.
10. If for some reason or other Eid Salah was not performed on Eid day(i.e. 10th Zhul-Hijja) then it will only be jaiz to commence sacrificing AFTER ZAWAAL on that day, i.e. after expiry of the time of Eid Salah, which is just before zawaal.
However, during the next two days qurbani could be done at any time. If Eid Salah was read the following day (11th), or the day thereafter (12th), qurbani would be jaiz even BEFORE the Eid on these two days.
The tarteeb or sequence between Eid salah and Qurbani for city-dwellers is wajib only on the first day (i.e. 10th).
When the Eid salah becomes qaza (by failing to read it before zawaal on the 10th) then this tarteeb falls away.
In such a case one may make qurbani from after zawaal on the 10th, and at any time on the following two days.
11. If after Eid Salah and qurbani it was discovered that for some reason the Eid Salah was not valid (e.g. Imam had no wuzu, or a faraz was omitted) then the Salah will have to be repeated, but the qurbani made by people will be valid. There is no need to repeat the qurbani.
12. If the need to repeat Eid Salah was realised at the Eidgah before the dispersing of the crowd then the Salah will be repeated then and there, in jamaat form. In this case no one is allowed to offer qurbani until the Eid Salah has been reread.
13. If the need to repeat the Salah was only discovered after people had gone home then only the Imam should repeat his Salah. It is not necessary to inform the Muslim public. All subsequent qurbanis will be valid (as stated in no.11 above).
14. If after Eid and qurbani it was discovered that the Hilaal (new moon) information was incorrect, and it was in fact the NINTH of Zhul-Hijja, and not the tenth, then both the Salah and qurbani are valid. There is no need to repeat either.
15. Slaughtering at night is valid, but makrooh tanzeehi (better not to do so).
16. If the qurbani animal was sacrificed BEFORE the period of qurbani, it will not be jaiz to eat its meat. The whole animal must be distributed among the poor.
If qurbani was initially wajib upon the owner then another animal should be bought and sacrificed when the qurbani period enters.
Tuesday, May 13, 2008
Shafi Laws of Fasting
DEFINITION:
Fasting in the Shariah means to abstain from food, drink and sexual intercourse from dawn to sunset, with a niyyat (intention).
The niyyat is important in fasting. Hence, if a person stayed away from the above three things due to illness or lack of desire, or was unconscious for the whole day and no food or drink was consumed, such abstention will not be regarded in the Shariah as fasting, since there was no niyyat or intention.
ON WHOM FAST IS FARAZ
The fast of Ramadaan is compulsory upon every Muslim, male or female who is baalig (i.e. has reached the age of puberty) and sane, and is not affected by any physical condition that allows one to forego the fast. (Reasons which waive the obligation of fasting during Ramadaan will be explained later on Insha-Allah.)
Na-baalig children (who have not yet attained puberty):
Just as in salaah, the child will be taught to fast from the age of seven, and will be commanded to do so at the age of ten. However, due to the strenuous nature of this ibadat, careful consideration should be given to the health and physical well-being of children before asking them to fast. Initially, as is the practice in most circles, the child can be coached to abstain from food for half the day, or for a few hours, thereby inculcating the habit of fasting.
SIGHTING OF THE MOON
1) After 29 days of Sha’baan has been completed it is compulsory to look for the moon after Maghrib salah. If the moon is sighted then that very night will be the first of Ramadaan and the first taraweeh. If not, the month of Sha’baan will be completed as 30 days, and the following day will then be the first of Ramadaan.
2) To establish the sighting of the moon of Ramadaan the word or evidence of one reliable, pious man is sufficient. When one such person reports or testifies in the presence of the Muslim Judge or Panel of Ulema that he has seen the moon, his word will be accepted and the first of Ramadaan will be announced.
3) However, for the Eid moon, as well as for other Islamic months besides Ramadaan, the evidence of two pious, reliable men is necessary.
4) The testimony of women and children are not admissible.
5) If the moon is sighted in one city and such news is reliably and authentically transmitted to another nearby centre, it will be permissible for the people in the second town or area to accept that information and start fasting.
6) Scientific and astronomic calculations are not acceptable in establishing the sighting of the moon for Ramadaan or Eid.
THE NIYYAH IN FASTING
It is fardh to make a niyyah or intention before fasting during Ramadaan. The niyyah must be made before subuh sadiq. An intention made after subuh sadiq is not valid. The niyyat could be made as follows:
نَوَيْتُ صَوْمَ غَدٍ عَنْ أَدَاءِ فَرْضِ شَهْرِ رَمَضَانَ هذِهِ السَّنَةِ لِلّهِ تَعَالي
I intend fasting tomorrow in fulfilment of the faradh of Ramadaan this year, for the sake of Almighty Allah.
If one does not know the Arabic intention, it could be said in English or one’s mother language. The intention for nafl fast could be made right up till about 45 minutes before Zawaal.
FACTORS WHICH BREAK FAST
1. To deliberately eat or drink during the day.
2. Vomit which is induced breaks the fast, no matter how much or how little it may be. And if vomit is not brought on voluntarily but comes out on its own accord then this does not break the fast irrespective of the amount.
3. If water or medicine is poured into the ears the fast breaks.
4. Snuff, medicine, etc. taken through the nose also breaks the fast.
5. When taking a bath during Ramadaan one should not gargle or take water too far up into the nose. If anyone does so and water enters the lungs, the fast will break.
6. Mucus that comes into the mouth and is swallowed breaks the fast, if one was able to spit it out.
7. If the gums bleed and the blood is swallowed the fast will break.
8. Saliva that had come completely out of the mouth, if swallowed the fast will break.
9. If a particle of food which was stuck between the teeth is swallowed by mistake the fast will not break.
10. If saliva is collected in the mouth and swallowed then too one's fast remains valid, it does not break, provided the saliva did not come out of the mouth, i.e. onto the lips.
1) If one ate sehri under the impression that subuh sadiq (dawn) has not yet entered, and then learnt afterwards that the day had indeed begun, the fast is not valid and must be repeated.
2) However, if in the above case he remains in doubt, and there is no certainty that the day had really begun then there is no need to repeat the fast. Such a fast is entirely in order.
3) If one broke fast thinking that the Magrib time had already entered, but learnt later that it was still day, the fast is not valid and must be repeated.
4) If at any stage during the day of fast a person was overtaken by insanity (madness), be it for a short while, or the fasting person remained unconscious the whole day, the fast is not valid and qadhaa must be made.
5) To smoke cigarettes, pipes, huqqa pipe, etc.
6) To have a syringe (through which medicine is entered into the body through the anus). The same ruling applies to suppositories.
7) The commencement of Haidh or Nifaas.
8) Besides sexual intercourse, any act that results in the emission of sperm while awake.
9) Becoming a murtadd (i.e., one who has renounced Islam)
NOTE: In all cases above where the fast is broken or rendered invalid one qadha must be observed after Ramadaan.
THE KAFFARAH
Kaffarah means to fast for sixty days consecutively. This becomes compulsory when a person deliberately has sexual intercourse during the day in Ramadaan, while fasting. Such a person has to observe one qadha and 60 days of consecutive fasting after Ramadaan. If even one day is missed, the 60 days will have to be observed all over again. Apart from this one, has to make lots of taubah because of the great sin.
If one is unable to fast for sixty days due to ill-health or old-age, the fidyahh may be given to sixty poor people. The amount of this fidyahh appears later on.
ACTIONS THAT DO NOT BREAK THE FAST
1) To extract the teeth.
2) To have an injection.
3) To regain consciousness for a little while during the day, even if one was unconscious for the rest of the day.
4) Pouring medicine into the eyes, or applying surma. However, it is better not to apply surma while fasting.
5) Eating or drinking forgetfully.
6) Water being swallowed while rinsing the mouth (not while gargling) or washing the nose without taking water too far up into the nostrils.
7) Water entering the ear while having a faradh bath.
8) Applying hair to the head, applying or smelling scent or perfume (although the latter two acts are makrooh when fasting).
9) Having a bath.
10) Anything such as smoke, a fly, dust particles, etc, entering the throat by accident.
11) Having food or drink forced down the throat.
The above practices do not break the fast
MAKROOH PRACTICES
1)To taste food, etc. However, if the mother has to chew or soften the food for the infant then this will not render the fast Makrooh.
1) Using toothpaste.
2) To use the Miswaak after zawaal (midday).
3) To remain silent for the entire day. The fasting person should engage in Zhikr, recitation of Quran, etc.
4) To delay breaking the fast without a valid reason. A valid reason here means having a doubt as to whether the time for iftaar is due or not.
5) To swim or dive into water.
6) To gargle the mouth.
7) To apply perfume or to smell perfume.
8) Committing a sin such as gheebat, lies, slander, etc.
9) To embrace someone with lust. To touch another with lust, or to kiss is Makrooh Tahreemi (i.e. almost haraam) during the fast, even one’s own spouse.
The above practices do not break the fast but are reprehensible
MUSTAHABB FACTORS
1) To break the fast quickly at the time of Iftaar.
2) To delay sehri for as long as possible. (But not so long as to cause doubt in the validity of the fast.)
3) To abstain from lies, backbiting, slander, fighting, arguing, and other major sins.
4) To make iftaar with water and/or dates.
5) To make dua at the time of iftaar.
REASONS FOR NOT FASTING OR BREAKING THE FAST
1) One becomes critically ill, or develops such an illness that will increase if the fast is not broken.
2) On a journey if fasting is bearable then it is preferable to fast. However, one may not fast at all, or may break the fast on a journey even if it is bearable.
3) Fear of death through hunger or thirst.
4) A breast-feeding or pregnant woman who fears for the life of the baby may omit the fast or may break it after having begun. If there is no such fear than these women must fast.
5) A very old person who has no strength to fast is also excused from fasting. Such old people may pay in the fidyahh.
6) A terminally ill person may omit the fast and pay fidyah. The illness must be of such a nature that medically there is absolutely no hope of recovery. Note: Medical advice of this type must be obtained from a Muslim physician.
QADHAA & FIDYAH
1) If one has any qadha fasts of Ramadaan to fulfil, it should be done immediately after Eid.
2) When there are more than one fast to fulfil, it is Mustahabb to observe the qadha consecutively, without a break in between. However, if the qadha of several fasts are kept separately or apart, there is no sin.
3) It is necessary to fill in missed fasts before the next Ramadaan arrives.
4) If one failed to do so, that is, qadha fasts were not completed by the time the next Ramadaan arrived, a fidyahh becomes Wajib. This fidyahh is approximately 800 grams of grain or flour per fast.
But remember, in spite of giving this sadaqah one still has to fill in the remaining qadha fasts.
5) The breast-feeding and pregnant woman who did not fast out of fear for the baby, should also pay this fidyahh for every missed fast, but they must still keep the qadhaa after Ramadaan.
6) The very old person or terminally ill person who paid out fidyahh for missed fasts do not need to keep the qadhaa if they regain their strength and health later on.
QADHAA FOR THE DEAD• If one who missed fasts for a valid reason dies before having time to pay in the qadhaa then there is no fidyahh nor any qadhaa to be fulfilled on behalf of such a person.
• If such a person died after having had the opportunity to make the qadhaa then the wali of the deceased may fast on behalf of the deceased or may pay the fidyahh for every missed fast from the wealth of the dead person.
SUNNAT DAYS FOR FASTING
It is sunnat to fast on the following days:
9th Arafah – this is sunnat muakkadah. To fast from the 1st Zhul-Hijja to the 8th Zhul-Hijjah is also sunnat, but not muakkadah.
9th and 10th Muharram; the 6 fasts of Shaww~l; 13th, 14th, and 15th of each Islamic month; on Mondays and Thursdays, 15th Sha’baan.
It is also sunnat to fast during the sacred months, i.e. Zhul-Qa’dah, Zhul-Hijjah, Muharram, and Rajab. (There are no fixed dates for this fast)
Note: The wife should not observe nafl fast without the consent of the husband. $
DAYS WHEN FASTING IS PROHIBITED
The two Eids (Fitr and Dhuhaa); the days of Tashreeq (11th to 13th Zhul-Hijjah); A festival day of the Kuffar, unless such a day happens to be a day of Ramadaan.; the 29th day of Shabaan, unless the 29th falls on a day that one normally fasts, such as Monday or Thursday.
Wednesday, April 16, 2008
Making Haste with the Janaaza
1. Hazrat Abu Hureira radhiyallahu anhu narrates that Rasoolullah sallallahu alaihi wasallam said:
“Make haste with the janaazah, for if it be (the janaazah of) a pious one then you are bringing it closer towards good, and if it be otherwise then it is evil which you (quickly) get rid of.” (Bukhari)
2. Hazrat Abdullah bin Umar radhiyallahu anhu reports that he heard Rasoolullah sallallahu alaihi wasallam say:
“When anyone dies, do not keep him back, instead, take him quickly towards his qabr.” (Tibrani)
3. A Sahaabi by the name of Talha ibnul Baraa was ill. Rasoolullah sallallahu alaihi wasallam visited him and then remarked:
“I see the signs of death developing in him. So when he dies, inform me. And be prompt with his burial for it is not permissible for the corpse of a Muslim to be kept back among his family.” (Tirmizhi)
4. Once Rasoolullah sallallahu alaihi wasallam said to Hazrat Ali radhiyallahu anhu:
“O Ali! There are three things which you should never delay: the salah when its time has entered; the janaazah when it is ready; the marriage of a widow when she finds a compatible partner.” (Saheeh Ibni Hibbaan)
5. A janaazah passed by and Rasoolullah sallallahu alaihi wasallam made the following remark:
“Mustareehun oh Mustaraahun minhu
The Sahaaba were mystified by these cryptic words, hence they queried from Rasoolullah sallallahu alaihi wasallam: “O Prophet of Allah! What do these terms mean?” He replied:
“Mustareeh is the mumin servant who achieves relief and comfort from the hardships and difficulties of this world. And Mustaraahun minhu is the Faajir (rebellious sinner) from whose evil people, animals, trees and the entire town are relieved.”
6. It is reported that Rasoolullah sallallahu alaihi wasallam once said:
“He who loves to meet Allah, Allah too loves to meet him. And one who detests the meeting with Allah, Allah too detests meeting such a person.” (Ibni Hibbaan)
7. Hazrat Abu Saeed reports that Rasooolullah sallallahu alaihi wasallam said:
“When a janaazah is ready and the menfolk lift it up to proceed, it speaks: if it is the janaazah of a pious person, it says: ‘Send me off quickly, send me off quickly!’, and if it is not so pious, it says: ‘Woe betide me, where are you taking me!?’. Every creation of Allah besides man hears the speech of the janaazah. If man could hear it then surely he would be rendered unconscious (out of terror). (Nasaai)
FROM THE ABOVE AHADITH THE FOLLOWING POINTS EMERGE:
a) It was the desire of Rasoolullah sallallahu alaihi wasallam to have the dead buried as quickly as possible. Every Muslim should endeavour to fulfill this ambition of our Master (Sallallahu alaihi wasallam), and in this effort let us not be influenced by friends and relatives. The practice of waiting for relatives from distance places to attend the janaazah is in diametric conflict to this policy of our Master.
b) In adopting this policy we are doing ourselves as well as the mayyit a great favour. A pious servant is eager and restless to get to the reward that lies ahead, whilst the evil one has to be got ridden of as speedily as possible.
c) One who loves to meet Allah must not be kept waiting. Surely this is a great injustice to the mayyit.
d) By holding the mayyit back the anguish, grief and sorrow of the deceased’s family is increased.
e) Every Muslim should love to meet Allah, and such love is generated by the constant performance of good deeds and the regular abstention from sin.
f) Unless the circumstances are unavoidable, the corpse of the mayyit should never be kept lying in the house. In the swift execution of kafan and dafan arrangements there is great barakah which will undoubtedly be experienced by the mayyit too.
NOTE:
Even when conveying the janaazah to the cemetery the procession must move at a brisk pace. On the occasion of a janaazah Hazrat Abu Bakra radhiyallahu anhu (a Sahaabi) addressed the participants saying: “I recall ourselves taking out a janaazah with Rasoolullah sallallahu alaihi wasallam, we almost ran while carrying it.”
However, the janaazah should not be transported so swiftly that inconvenience and disrespect is caused to the mayyit. For Rasoolullah sallallahu alaihi wasallam taught that whatever hurts or inconveniences a person in his lifetime, causes the same even after death. The dead body too has to be respected and treated with reverence, just as we would respect one in his lifetime.