Islam: Questions And Answers Volume 21 Basis for Jurisprudence and Islamic Rulings
i
ii
Islam: Questions And Answe...
134 downloads
1380 Views
1MB Size
Report
This content was uploaded by our users and we assume good faith they have the permission to share this book. If you own the copyright to this book and it is wrongfully on our website, we offer a simple DMCA procedure to remove your content from our site. Start by pressing the button below!
Report copyright / DMCA form
Islam: Questions And Answers Volume 21 Basis for Jurisprudence and Islamic Rulings
i
ii
Islam: Questions And Answers Volume 21 Basis for Jurisprudence and Islamic Rulings
Muhammad Saed Abdul-Rahman B.Sc., DipHE
iii
© Muhammad Saed Abdul-Rahman, 2003 ISBN for all volumes 1 86179 080 5 ISBN for volume 21 paperback 1 86179 404 5 ISBN for volume 21 hardback 1 86179 405 3 ISBN for volume 21 pdf eBook 1 86179 406 1 ISBN for volume 21 Microsoft eBook 1 86179 407 X ISBN for volume 21 Palm eBook 1 86179 408 8 All Rights reserved
British Library Cataloguing in Publication Data. A Catalogue record for this book is available from the British Library
Designed, Typeset and produced by: MSA Publication Limited, 4 Bello Close, Herne Hill, London SE24 9BW United Kingdom
iv
Contents Introduction .............................................................................. 1 Chapter 1................................................................................... 3 General ................................................................................. 3 45880: Does the ruling on driving a car vary from one country to another? .......................................... 3 30842: Saving system in Aramco and attitude towards the various fatwas concerning it ...................... 13 10887: what is definition of haram &halal? .................. 19 9466: What is moderation in religion? .......................... 21 9197: Is there any difference between Sunnah, mustahabb and nafil? .................................................... 24 9084: The difference between haraam and makrooh .... 25 751: Why adultery, gambling and the flesh of swine are haraam ........................................................... 25 2376: Are all actions allowed unless specifically prohibited or vice versa? ............................................... 27 Chapter 2................................................................................. 29 Accountability .................................................................... 29 45672: Should she wear hijab even though her family will be harmed because of that? ......................... 29 13793: Obligatory duties for those who are deaf and mute ........................................................................ 32 27101: Is it permissible for a kaafir to pray with the Muslims? ................................................................. 33 12840: Are women equal with men in reward and punishment? ........................................................... 35 21246: She did not know the signs of puberty so she did not fast in Ramadaan, out of ignorance ........ 38 10065: Who are the ones who will be excused for ignorance about ‘aqeedah and matters of fiqh? ....... 40 3240: To whose record are the good deeds of prepubescent children added? ....................................... 46 Chapter 3................................................................................. 48 v
Sources for Islamic Rulings and Shari’ah .......................... 48 44877: Our attitude concerning da’eef (weak) ahaadeeth which speak of good deeds........................... 48 39286: Is it correct to think that fatwas may vary according to time and place? ................................. 50 23280: Imitation (taqleed), following the evidence (daleel) – and was Ibn Hazm a Hanbali?....................... 54 1105: Does Islam regard men and women as equal? ............................................................................ 57 13932: The wisdom behind facing the Ka’bah ............. 67 22239: Applying laws which are not mentioned in the Qur’aan or Sunnah .............................................. 71 22245: There is no secret knowledge in Islam that is only for the awliyaa’ (“saints”) .................................. 74 22289: Attitude towards al-Israa’eeliyyaat .................... 76 13189: How did Islamic fiqh develop? ......................... 77 14076: Is it permissible to give a fatwa based on taqleed ...................................................................... 83 21133: Ruling on things that were done at the time of the Prophet (peace and blessings of Allaah be upon him) which he did not know about ...... 85 12390: Judging by that which Allaah has revealed ....... 85 9516: Should the easier fatwa be followed? ................. 91 10645: Is it permissible for a Muslim to choose the easiest scholarly opinion? ........................................ 92 8294: Differences among the fuqahaa’ .......................... 93 10521: Claim that the Sunnah cannot be trusted ........... 96 10845: Should we adopt a gradual approach when applying the rulings (of sharee’ah)? .................... 99 2071: When can a young man make ijtihaad and issue fatwas? ......................................................... 101 6586: Will a person who neglects the Sunnah be punished? ................................................................ 102 3922: Who is to say what is halaal and haraam ?........ 104 1053: Does the Sunnah govern people’s worldly affairs? ......................................................................... 106 604: Justification for following the Sunnah ................ 109 vi
Chapter 4............................................................................... 114 Innovations in Religion and Worship (Part 1) ................. 114 49702: False report attributed to Zaynab (may Allaah be pleased with her) about healing of disease ..................................................................... 114 49678: Does Allaah come down to the first heaven on the night of the fifteenth of Sha’baan? ....... 119 49675: Should he fast on the fifteenth of Sha’baan even if the hadeeth is da’eef? ...................... 121 10070: Celebrating innovated festivals ....................... 124 47425: The best way to call those who do not pray and to deal with innovators ................................. 125 7051: Gathering to eat and celebrate on the last day of Sha’baan ........................................................... 128 8907: Laylat al-Nusf min Sha’baan (the middle of Sha’baan) should not be singled out for worship .................................................................. 129 45622: Ruling on the imam saying to the congregation, “Pray Pray like a man bidding farewell” ......................................................... 130 1305: Giving certain days meaning is not permitted ..................................................................... 133 46665: He wants to give his wife a gift on the anniversary of their marriage each year................. 134 34842: Ruling on erecting a monument to the Unknown Soldier................................................... 135 34511: Ruling on burying the deceased in a coffin ........................................................................ 136 27237: Is there such a thing as Du’aa’ Kanz il-‘Arsh? ............................................................. 138 31833: Lies about a dream falsely attributed to the Watchman of the Prophet’s tomb ...................... 139 20885: Praying behind followers of bid’ah, whether that bid’ah amounts to kufr or not ................. 151 21642: The ruling on wearing one’s adornment on the Day of Aashooraa ............................................. 153 22722: Ruling on gathering to make du’aa’ and recite vii
Qur’aan........................................................................ 155 11938: Question about a strange Sufi way of worship.................................................................... 157 36769: If he does the farewell tawaaf, he should go out walking normally and should not walk with his face towards the Ka’bah ................. 169 22752: Warning against the book Dalaa’il al-Khayraat .................................................................. 171 31200: What is al-waneesah ........................................ 174 37638: Ruling on celebrating al-Qarqee’aan .............. 179 37841: Uttering the intention out loud for salaat al-Taraaweeh and other prayers is bid’ah .......... 181 37643: Uttering the intention to fast out loud is an innovation (bid’ah) ............................................. 182 37683: Du’aa’ for completing the Qur’aan (khatam) ...................................................................... 183 37753: Communal du’aa’ after Taraaweeh prayer ...... 186 26867: Remembering Allaah by repeating a single name such as “Allaah” ...................................... 187 34566: How du’aa’ after prayer should be recited ...... 189 14623: Making du’aa’ together for one who has given charity.......................................................... 191 22828: Is it permissible to pray on behalf of someone who does not pray? .................................. 192 27029: Ruling on offering a sacrifice when building of the mosque is completed .......................... 193 12808: There are no trivial issues in Islam ................. 194 21976: Making du’aa’ after the obligatory prayers is bid’ah .......................................................... 197 21902: Guidelines on shar’i wird ................................ 198 32443: Reciting du’aa’ for forgiveness in unison following prayer .............................................. 200 22646: Sending blessings upon the Prophet (peace and blessings of Allaah be upon him) when the iqaamah is pronounced ................................ 201 9057: Mocking innovators .......................................... 202 486: Religious celebrations in islam ........................... 204 viii
26152: Questions about an imam ................................ 205 26804: Her mother wants to give her a birthday party – what should she do? ........................................ 209 695: Can one celebrate completing the Qur’aan? ....... 211 7505: Salaat al-Naariyah ............................................. 212 13810: A Christian woman asks about the Prophet’s birthday and what it means to the Muslims ................ 222 26793: Qur’aan on Fridays and du’aa’ before Fajr ..... 225 22872: Is it prescribed to boycott innovators in this day and age? ......................................................... 226 Chapter 5............................................................................... 229 Innovations in Religion and Worship (Part 2) ................. 229 23443: Is using loudspeakers for the adhaan an innovation (bid’ah)? .................................................... 229 20005: There is no specific du’aa’ to be recited before reading Qur’aan ............................................... 231 14390: Putting a bunch of flowers on a grave ............. 233 13642: Offering gifts to some women on Christmas .................................................................... 233 21875: Ruling on printing the name of Allaah in the Qur’aan in a different colour ............................. 235 14234: Innovated way of doing wudoo’ ...................... 235 21903: Ruling on gathering to read Qur’aan together on the occasion of the death of ‘Ali (may Allaah be pleased with him) ............................... 239 22457: Specifying a number of times to recite dhikr or du’aa’ that is not narrated in sharee’ah .......... 241 21373: Kissing one’s thumbs when the name of the Prophet is mentioned is a bid’ah ........................... 243 13478: Are the compilation of the Qur’aan and the first adhaan for Jumu’ah forms of bid’ah (innovation)? ............................................................... 244 10491: Dhikr recited in unison following the prayers ......................................................................... 248 22322: The difference between setting an appointed time for lessons and setting an appointed time for qiyaam al-layl ............................... 251 ix
13337: Ruling on uttering the intention (niyyah) in acts of worship ........................................................ 252 13475: She is asking about myths concerning getting married between the two Eids, and what is wrong with that according to sharee’ah ................... 254 9788: Does saying something that is bid’ah make one an innovator ? ....................................................... 261 14320: Is there any valid proof for Salaat al-Tasaabeeh? .............................................................. 263 10843: Detailed discussion of bid’ah and shirk .......... 265 9055: Celebrations commemorating some of the scholars .................................................................. 272 12364: The bid’ah of superstition about getting married in Shawwaal ....................................... 277 12366: The bid’ah of Eid al-Abraar (the “festival of the righteous”) .......................................... 280 8596: False belief that reading Qur’aan remains suspended if the reward for reading is not given to the deceased ......................................... 281 9485: Attending a feast for a child’s birthday and eating that food ..................................................... 283 11739: Dividing the religion into basic matters (usool) and minor issues (furoo’) ................... 284 9355: The myth that visiting the grave of ‘Ali equals seventy Hajj .............................................. 285 11086: Fasting on the day of the Mi’raaj and the day of Shab-e-baraath ............................................ 287 11999: Saying “ ‘Ali karrama Allaah wajhahu (Ali, may Allaah honour his face)” ............................. 290 12010: Celebrating a child’s twenty-first birthday........................................................................ 291 10888: Does saying “Innahu ‘ala raj’ihi la qaadir (Verily, (Allaah) is Able to bring him back)” help to bring back something that has been lost? .............................................................. 292 11017: Ruling on reciting du’aa’s which are not proven.................................................................... 293 x
4305: Prostration of thanksgiving 40 days after birth ..................................................................... 293 10538: Does writing al-Zalzalah in a vessel make childbirth any easier? ......................................... 294 11669: Going to visit places and mosques in which the Prophet prayed ............................................ 296 12032: Celebrating completing the Qur’aan (khatm al-Qur’aan) ...................................................... 302 7277: What is the definition of bid’ah? What is the ruling on doing more rak’ahs in Taraaweeh?..... 305 1333: Munkar actions during mourning ceremonies................................................................... 306 5871: Bidaa’h of gathering after fourty days to pray for the deceased ................................................... 309 6745: Sufi formulas and bid’ah ................................... 309 4999: The myth that sex on Tuesdays is harmfue ....... 313 4033: Ruling on celebrating ‘Aashooraa’ or taking it as a day of mourning ..................................... 315 2039: Regarding the number 13 as unlucky ................ 325 3470: Ruling on gathering to recite du’aa’ for completing the Qur’aan ............................................... 336 3466: Ruling on reading Qur’aan collectively ............ 338 3219: Does Islam tell us to recite al-Faatihah one hundred times when asking Allaah for something? .................................................................. 339 2253: Holding “khatam” gatherings in the mosque to recite Soorat Ya-Seen for the dead is bid’ah ....................................................................... 340 734: Ruling on reading Soorat Yaa-Seen for the dying and the deceased .......................................... 340 1027: Celebrating birthdays is not allowed ................. 342 2237: Reading Soorat Yaa-Seen in congregation on Friday nights ........................................................... 344 249: Mawlid al-Nabi (the Prophet’s birthday) ............ 345 2209: Is saying “Sadaqa Allaahu al-‘Azeem ” after reciting from Qur’an bid’ah? .............................. 348 864: Bid’ah Hasanah (“Good Innovations”) ............... 351 xi
205: There is no such thing as bid’ah hasanah in Islam ........................................................................ 357 894: Red Dot on woman’s forehead ............................ 359 485: Reciting verses of the Qur’aan a specific number of times and with a specific intention ............ 360 259: The number 786 means 786 and nothing more............................................................................. 362
xii
Introduction Praise be to Allah, the Lord of the worlds, and peace and blessings be upon His last Messenger, Prophet Muhammad, and on his family and his companions. This book, Basis for Jurisprudence and Islamic Rulings, is the twenty-first volume of a series of authoritative Islamic books entitled Islam: Questions And Answers. The overall series discusses issues relevant to Islam, and present accurate and reliable information based on the true beliefs and practices of the Prophet (Peace and Blessings of Allaah be upon Him) and his companions. The objectives of the various books include: to teach and familiarize Muslims with various aspects of their religion to be a source for guiding people to Islam to assist in solving the social and personal problems of the Muslims in an Islamic context The books are directed towards Muslims and non-Muslims alike. Subject areas include, but are not limited to, Islamic fiqh and jurisprudence, Islamic history, Islamic social laws (including marriage, divorce, contracts, and inheritance), Islamic finance, basic tenets and aqeedah of the Islamic faith and tawheed, and Arabic grammar as it relates to the Qur'an and Islamic texts. The books are compilations of questions and responses about Islam, from both Muslims and Non-Muslims. The responses are handled mainly by internationally re-nowned Islamic shaykhs and scholars, including Shaykh al-Islam Ibn Taymiyah, Ibn Katheer, al-Albaani, Shaykh Ibn Baaz, Ibn al-Jawzi, Ibn al-Qayyim, Al‘Izz ibn ‘Abd al-Salaam, al-Nawawi, Shaykh ‘Abd al-Kareem, al Khudayr, Al-Dhahabi, al-Qurtubi, Al-Sindi, al-Shawkaani and al-Bastawi using only authentic, scholarly sources based on the Qur'an and sunnah. References, which include Haashiyat Ibn Maajah, Sharh Saheeh Muslim, Fataawa al-Lajnah al-Daa’imah, 1
Silsilat al-Ahaadeeth al-Da’eefah, Al-Mawsoo’ah fi Ahaadeeth al-Mahdi al-Da’eefah wa’l-Mawdoo’ah, Al-Manaar al-Muneef and Fataawa Islamiyyah, are provided where appropriate in the responses. The book provides the reader with cross references of other pertinent responses not necessarily in the same volume, but also in other volumes of the series. However, each volume is complete in itself. The book records accurately the answers the contributing Sheikhs and scholars gave to the questions put to them. These are not necessarily the answers which other sheikhs and scholars would have given. Depending on circumstances, for example, Islam permits different solutions to some questions The book also provides the reader with cross-references to other pertinent responses not necessarily in the same volume, but also in other volumes of the series. However, each volume is complete in itself. It is intended that this present series of Books will cover the following subject areas (insha-Allah): Aqeedah (Basic Tenets of Faith); Usool ul-Fiqh (Science of evidence that serve as basis for Fiqh), Fiqh (Jurisprudence and Islamic Rulings), Da'wah (Inviting others to Islam), Aadaab (Manners), Akhlaaq (Character and Morals), Tareekh wa ul Seerah (Islamic history and biography), Tarbiyyah (Pedagogy, education, and upbringing) and Mashakil Nafsiyah wa Ijtimaa'yah (Psychological & Social Problems). May Allah reward the owners and maintainers of www.islamqa.com for granting me full, exclusive, assignable and transferable rights to use and display all the questions and answers needed for the compilation of these books. May Allah grant everyone involved in the promotion of this project good in this world and the Hereafter and protection from the fire of hell.
2
Chapter 1 General 45880: Does the ruling on driving a car vary from one country to another? Question: Throughout the Muslim world we find that there are differences between one country and another, in manner of dress, customs and traditions. For example we see that in some countries our sisters wear niqaab, because they follow the fatwa that says that niqaab is obligatory, but that is not widespread in another country, and the opinion that they follow there is that niqaab is not obligatory, rather it is mustahabb. Similarly with regard to women driving cars, in some countries the shaykhs have declared it to be haraam because of the harms that would result if it were allowed, whilst in other countries it is a very ordinary thing for a woman to drive a car, and they have been doing so for decades. To what extent is there flexibility in rulings? Is what is happening correct, I mean is it right that something may be obligatory in one country and mustahabb in another?. Answer: Praise be to Allaah. The rulings of sharee’ah are of two types: 1 – Those where the evidence of sharee’ah points to the ruling, regardless of various customs or what good or bad consequences may result. 3
Basis for Jurisprudence and Islamic Rulings
In this case the ruling is fixed and does not vary from one place to another or from one person to another, unless a person is forced to do something, is sick or is excused, in which case the ruling is waived as much as required by his situation according to what it says in sharee’ah. An example of such a fixed rule is the obligation to offer the five daily prayers, to fast Ramadaan, to enjoin what is good and forbid what is evil, to seek knowledge, etc. Another example is the obligation for the Muslim woman to cover her entire body, including the face and hands. This ruling is obligatory and does not vary from one place to another. We have already discussed this obligation in questions no. 21134 and 13647, where we quote the evidence for that. 2 – Rulings which are based on specific reasons, or where the ruling as to whether a thing is forbidden, allowed or obligatory depends upon whatever good or bad consequences will result from that, and where there is no shar’i evidence to suggest a fixed ruling that does not vary. The issue of women driving cars may come under this heading. The scholars have issued fatwas stating that it is haraam because of the negative consequences that may result from it. This applies completely to the land of the two Holy Sanctuaries. With regard to other countries, the matter should be referred to trustworthy scholars for they know their countries’ situation best. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said:
4
Basis for Jurisprudence and Islamic Rulings
People have spoken a great deal in the al-Jazeerah newspaper about the issue of women driving cars. It is well known that it leads to evil consequences which are well known to those who promote it, such as being alone with a non-mahram woman, unveiling, reckless mixing with men, and committing haraam actions because of which these things were forbidden. Islam forbids the things that lead to haraam and regards them as being haraam too. Allaah commanded the wives of the Prophet and the believing women to stay in their houses, to observe hijab and to avoid showing their adornments to non-mahrams because of the permissiveness that all these things lead to, which spells doom for society. Allaah says (interpretation of the meaning): “And stay in your houses, and do not display yourselves like that of the times of ignorance, and perform AsSalaah (IqamatasSalaah), and give Zakaah and obey Allaah and His Messenger. Allaah wishes only to remove ArRijs (evil deeds and sins) from you, O members of the family (of the Prophet), and to purify you with a thorough purification” [al-Ahzaab 33:33] “O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies (i.e. screen themselves completely except the eyes or one eye to see the way). That will be better, that they should be known (as free respectable women) so as not to be annoyed” [al-Ahzaab 33:59] “And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private 5
Basis for Jurisprudence and Islamic Rulings
parts (from illegal sexual acts) and not to show off their adornment except only that which is apparent (like both eyes for necessity to see the way, or outer palms of hands or one eye or dress like veil, gloves, headcover, apron), and to draw their veils all over Juyoobihinna (i.e. their bodies, faces, necks and bosoms) and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons, or their brothers or their brother’s sons, or their sister’s sons, or their (Muslim) women (i.e. their sisters in Islam), or the (female) slaves whom their right hands possess, or old male servants who lack vigour, or small children who have no sense of feminine sex. And let them not stamp their feet so as to reveal what they hide of their adornment. And all of you beg Allaah to forgive you all, O believers, that you may be successful” [al-Noor 24:31] And the Prophet (peace and blessings of Allaah be upon him) said: “No man is alone with a (non-mahram) woman but the Shaytaan is the third one present.” Islam forbids all the things that may lead to immorality or accusations of immoral conduct made against chaste women, who never even think of anything touching their chastity, and it has stipulated a punishment for that which is one of the most severe of punishments, in order to protect society from the spread of the causes of immorality. Women driving is one of the means that lead to that, and this is something obvious, but ignorance of the rulings of sharee’ah and the negative consequences of carelessness with regard to the things that lead to evil – as well as diseases of the heart that prevail at present – and love of permissiveness and enjoying looking at non-mahram women all lead to indulging in this and similar things,
6
Basis for Jurisprudence and Islamic Rulings
with no knowledge and paying no attention to the dangers that it leads to. Allaah says (interpretation of the meaning): “Say (O Muhammad): (But) the things that my Lord has indeed forbidden are AlFawaahish (great evil sins and every kind of unlawful sexual intercourse) whether committed openly or secretly, sins (of all kinds), unrighteous oppression, joining partners (in worship) with Allaah for which He has given no authority, and saying things about Allaah of which you have no knowledge” [al-A’raaf 7:33] “and follow not the footsteps of Shaytaan (Satan). Verily, he is to you an open enemy” [al-Baqarah 2:168] And the Prophet (peace and blessings of Allaah be upon him) said: “I am not leaving behind me any fitnah more harmful to men than women.” It was narrated that Hudhayfah ibn al-Yamaan (may Allaah be pleased with him) said: “The people used to ask the Messenger of Allaah (peace and blessings of Allaah be upon him) about good things, but I used to ask him about bad things, fearing that I would live to see such things. I said, ‘O Messenger of Allaah, we were in a state of ignorance (jaahiliyyah) and evil, then Allaah sent us this good (i.e., Islam). Will there be any evil after this good?’ He said, ‘Yes.’ I said, ‘Will there by any good after that evil?’ He said, ‘Yes, but it will be tainted.’ I said, ‘How will it be tainted?’ He said, ‘(There will be) some people who will guide others in a way that is not according to my guidance. You will approve of some of their deeds and disapprove of others.’ I said, ‘Will there be any evil after that good?’ He said, ‘Yes, there will be people calling 7
Basis for Jurisprudence and Islamic Rulings
at the gates of Hell, and whoever responds to their call, they will throw them into it (the Fire).’ I said, ‘O Messenger of Allaah, describe them to us.’ He said, ‘They will be from among our people, speaking our language.’ I said, ‘What do you command me to do if I live to see such a thing?’ He said, ‘Adhere to the jamaa’ah (group, community) of the Muslims and their imaam (leader).’ I asked, ‘What if there is no jamaa’ah and no leader?’ He said, ‘Then keep away from all those groups, even if you have to bite (eat) the roots of a tree until death overtakes you whilst you are in that state.’” Agreed upon. I call upon every Muslim to fear Allaah in all that he says and does and to beware of fitnah and those who promote it. He should keep away from all that angers Allaah or leads to His wrath, and he should be extremely cautious lest he be one of these callers to Hell of whom the Prophet (peace and blessings of Allaah be upon him) tells us in this hadeeth. May Allaah protect us from the evil of fitnah and its people, and protect this ummah from the evil of those who promote bad things. May He help the writers of our newspapers and all the Muslims to do that which pleases Him and may He set the Muslims straight and save them in this world and in the Hereafter, for He is Able to do that. Majmoo’ Fataawa al-Shaykh Ibn Baaz, 3/351-353. Shaykh Ibn ‘Uthaymeen was asked: I hope you can explain the ruling on women driving cars. And what is your opinion on the idea that women driving cars is less dangerous than their riding with non-mahram drivers? The answer to this question is based on two principles which are well known among the Muslim scholars:
8
Basis for Jurisprudence and Islamic Rulings
The first principle is: that whatever leads to haraam is itself haraam. The evidence for this is the verse in which Allaah says (interpretation of the meaning): “And insult not those whom they (disbelievers) worship besides Allaah, lest they insult Allaah wrongfully without knowledge” [al-An’aam 6:108] So Allaah forbids insulting the gods of the mushrikeen – even though that serves an interest – because it leads to insults against Allaah. The second principle is: that warding off evil – if it is equal to or greater than the interests concerned – takes precedence over bringing benefits. The evidence for that is the verse in which Allaah says (interpretation of the meaning): “They ask you (O Muhammad) concerning alcoholic drink and gambling. Say: In them is a great sin, and (some) benefits for men, but the sin of them is greater than their benefit” [al-Baqarah 2:219] Allaah has forbidden alcohol and gambling even though there is some benefit in them, so as to ward off the evils that result from them. Based on these two principles, the ruling on women driving should be clear, because women driving includes a number of evils, including the following: 1 – Removal of hijab, because driving a car involves uncovering the face which is the site of fitnah and attracts the glance of men. A woman is only regarded as beautiful or ugly on the basis of her face, i.e., if it is said that she is 9
Basis for Jurisprudence and Islamic Rulings
beautiful or ugly, people only think in terms of her face. If something else is meant it must be specified, so that one would say that she has beautiful hands or beautiful hair or beautiful feet. Hence it is known that the face is the focal point. If someone were to say that a woman can drive a car without taking off her hijab, by covering her face and wearing dark glasses over her eyes, the answer to that is that this is not what really happens when women drive cars. Ask those who have seen them in other countries. Even if we assume that this could be applied initially, it would not last for long, rather the situation would soon become as it is in other countries where women drive. This is how things usually develop; they start out in an acceptable fashion then they get worse. 2 – Another evil consequence of women driving cars is that they lose their modesty, and modesty is part of faith as is narrated in a saheeh report from the Prophet (peace and blessings of Allaah be upon him). Modesty is the noble characteristic that befits the nature of women and protects them from being exposed to fitnah. Hence it is mentioned in a metaphorical sense (in Arabic), in the phrase “more modest than a virgin in her seclusion.” Once a woman’s modesty is lost, do not ask about her. 3 – It also leads to women going out of the house a great deal, but their homes are better for them – as the Prophet (peace and blessings of Allaah be upon him) said – because those who love to drive enjoy it very much, hence you see them driving around in their cars here and there for no purpose, except to enjoy driving. 4 – You may find a divorced woman going where she wants, whenever she wants and however she wants, for whatever purpose she wants, because she is alone in her car, at any time she wants of the day or night. She may stay out until late at night. If people are complaining about this with regard to young men, then what about young 10
Basis for Jurisprudence and Islamic Rulings
women, going all over the place the length and breadth of the country, and maybe even beyond its borders. 5 – It is a means of women rebelling against their families and husbands; at the least provocation they may go out of the house and drive in the car to wherever they think they can get some peace, as happens in the case of some young men, who are able to put up with more than women. 6 – It is a cause of fitnah in many places: when stopping at the traffic lights, or at gas stations, or at inspection points, or when stopped by policemen at the scenes of traffic infractions or accidents, or if the car stalls and the woman needs help. What will her situation be in this case? Perhaps she may come across an immoral man who takes advantage of her in return for helping her, especially if her need is great to the point of urgency. 7 – When women drive it leads to overcrowding in the streets, or it deprives some young men of the opportunity to drive cars when they are more deserving of that. 8 – It causes fitnah to flourish because women – by their nature – like to make themselves look good with clothing etc. Do you not see how attached they are to fashion? Every time a new fashion appears they throw away what they have and rush to buy the new things, even if it is worse than what they have. Do you not see the adornments that they hang on their walls? In the same way – or perhaps more so – with the cars that they drive, whenever a new model appears they will give up the first for the new one. With regard to the questioner asking, “And what is your opinion on the idea that women driving cars is less dangerous than their riding with non-mahram drivers?” – what I think is that both of them involve danger, and one is more serious than the other in some ways, but there is no necessity that would require one to do either of them. 11
Basis for Jurisprudence and Islamic Rulings
Please note that I have answered this question at length because of the controversy that surrounds the issue of women driving cars, and the pressure faced by conservative Saudi society, which is striving to adhere to its religious commitment and morals, to allow women to drive cars. This would be nothing strange if it were to come from an enemy who seeks to cause harm this land which is the last bastion of Islam that the enemies of Islam wish to penetrate. But what is even stranger is that this is coming from our own people who speak our language and live under our banner, people who are dazzled by what the kaafir nations have of material advancement and admire their ways which are devoid of any moral restrictions. End quote from Shaykh Ibn ‘Uthaymeen. With regard to countries in which woman are allowed to drive cars, Muslim women should avoid that as much as possible, for the reasons mentioned above. In cases of necessity, such as helping accident victims or fleeing from a criminal, there is nothing wrong with a Muslim woman using a car in such situations, if she cannot find a man to help her. There are other cases, such as women who have to go out to work and have no husband, father or guardian to look after them and no income from the government to meet their needs, and they cannot find work that they can do at home, such as some internet-based jobs, so they are forced to go out. In that case they can use the means of transportation that poses the least danger to them. There may be some means of transportation that are available only to women, or a group of women may hire a driver to take them to work or university. Using taxis– 12
Basis for Jurisprudence and Islamic Rulings
for those who can afford it – may be better than using public transportation where a woman may be exposed to humiliation and aggression, so they should use taxis, so long as they are not alone with the driver. If a woman is forced to drive a car in cases of extreme need, then she should drive wearing full jilbaab and hijab, and with fear of Allaah. We have already mentioned above what constitutes need. Women should also seek fatwas from the trustworthy scholars in their own countries – not those who are too lenient – who understand both sharee’ah and the situation in that country. And Allaah says (interpretation of the meaning): “So keep your duty to Allaah and fear Him as much as you can” [al-Taghaabun 64:16] We ask Allaah to keep us safe and sound. May Allaah send blessings and peace upon our Prophet Muhammad and upon his family and companions. Islam Q&A (www.islam-qa.com) 30842: Saving system in Aramco and attitude towards the various fatwas concerning it Question: We are a group of Saudi Aramco employees, and we are worried, like any other Muslim, about the legitimacy of the wealth we acquire. Recently we have become very confused, to an extent which only Allaah knows. Perhaps 13
Basis for Jurisprudence and Islamic Rulings
you know something about the savings system in Saudi Aramco. (The company is encouraging me to save with them by giving me a bonus when I am laid off or when I leave the company. The bonus is a percentage of my contribution based on how long I have been with the company, for example: If my total contribution is 100,000 riyals, and I have been with the company for 10 years, my remuneration from the company will be 100,000 riyals. If the length of time I have been with the company is 7 years, then my remuneration will be only 70% of 100,000, which is 70,000 riyals). What we knew previously was that this system is haraam according to sharee’ah, based on the ruling of the Standing Committee for Issuing Fatwas, but now we have heard a fatwa from Shaykh ‘Abd-Allaah ibn Munayyi’ (may Allaah preserve him), stating that this savings scheme is permissible. This has made us confused, and we do not know whether to follow the Committee or Shaykh alMunayyi’, because he is specialized in the field of economics. Answer: Praise be to Allaah. Firstly: The savings scheme used in the Aramco company is a haraam system. It is blatant riba (usury, interest) because it is a loan that brings a benefit. If a person pays in 100,000 riyals, to take it back after a period of ten years, or seven, or whatever, with an added payment of 100,000 riyals, or 70,000, or even one riyal, then he has engaged in blatant riba, which is haraam according to scholarly consensus. 14
Basis for Jurisprudence and Islamic Rulings
Imam Ibn Qudaamah (may Allaah have mercy on him) said: “Every loan which is given subject to the condition than an increased amount be paid back is haraam, with no difference of opinion (among the scholars). Ibn alMundhir said: There is consensus that if the lender stipulates that the borrower must pay extra or give him a gift, and the money is lent on that basis, then his taking the extra amount is riba. It was narrated that Ubayy ibn Ka’b, Ibn ‘Abbaas and Ibn Mas’ood forbade loans that bring benefit. Al-Mughni, 6/436. It does not matter that the company calls this transaction a savings plan or investment scheme or mudaarabah (silent partnership), because every investment that guarantees one’s capital is a loan, even if people call it something else. What counts is what a thing actually is, not what it is called. With regard to the kinds of investments or savings that are acceptable in Islam, they are based on certain conditions, the most important of which are as follows: 1 – The money should come from you, and the labour or work should come from the other party; there is nothing wrong with the other party putting in money as well as work. 2 – The area of investment should be clearly defined, since most of these companies invest the money by putting it in riba-based banks, or in projects that are not permissible. 3 – Both parties should agree on the percentage of profits allocated to each, which should not come from the capital, so you get 50% or 10% of the profits, for example. 4 – The person who is doing business on your behalf should not guarantee your capital. In the event of loss – 15
Basis for Jurisprudence and Islamic Rulings
so long as it is not caused by negligence – you will lose your capital and he will lose his labour. If the capital is guaranteed, then this transaction is a loan which must be paid off with no extra amount added. If an extra amount is stipulated, then this is riba. We ask Allaah to keep us safe from riba and its evil and dangers, and to make us independent by means of that which He has permitted so that we will feel no need of that which He has forbidden. The point is that the Aramco savings scheme is haraam, because it guarantees the capital and because the profit is a set percentage of the capital. So it is a loan with interest, as well as the fact that the investor does not know where his money will be invested. The Standing Committee pointed out that the claim that what is given to the employee is a reward or bonus from the company is false, because it is only given to those who save with this plan. If it was really a reward or bonus it would be given to all employees. As the questioner mentioned, the Standing Committee for Issuing Fatwas – under the leadership of Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him), with whom were Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan and Shaykh ‘Abd-Allaah ibn Qa’ood, who are all leading scholars – was asked about the savings plan in the Aramco company. They replied as follows: “Participating in the Aramco savings plan is haraam, because it involves two types of riba (riba alfadl and riba al-nasa’); it defines the rate of interest, which may be anything between five and one hundred percent of the money that is saved by the Saudi employee, in addition to the rewards that are given to the employee, to the exclusion of other employees who do not invest, as is stated in the savings plan. 16
Basis for Jurisprudence and Islamic Rulings
Fataawa al-Lajnah al-Daa’imah, 13/510-515 Similarly Shaykh Muhammad ibn Saalih al-‘Uthaymeen and other scholars also issued fatwas stating that the Aramco savings plan is haraam. Secondly: If the scholars differ with regard to a shar’i ruling, the person who is seeking the fatwa should try to find out which is correct by examining the evidence quoted by both parties and following that which he thinks is more correct. This applies if the person seeking the fatwa is a seeker of knowledge (taalib ‘ilm) who is able to determine which is more correct. If he is not able to determine which is more correct, because he has no specialized knowledge of sharee’ah, then he must follow the view of the one whom he thinks is more knowledgeable and more trustworthy; he does not have the right to choose whichever opinion he wants. With regard to the issue at hand, the major scholars have clearly stated that it is haraam, and they are more knowledgeable and more trustworthy than those who gave a different opinion – which is not intended to belittle the other party – so you have to avoid this savings plan, for the reasons stated above. Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) was asked what the Muslim’s attitude towards scholarly differences should be, He replied: “If the Muslim has enough knowledge to enable him to compare the scholarly opinions and their evidence, and to decide which is more correct, then he must do that, because Allaah has commanded us to refer disputed matters to the Qur’aan and Sunnah, as He says (interpretation of the meaning): 17
Basis for Jurisprudence and Islamic Rulings
‘(And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day’ [al-Nisa’ 4:59] So he should refer the disputed matter to the Qur’aan and Sunnah, and whatever seems to him to be more correct based on the evidence, he should follow it, because what is necessary is to follow the evidence and the opinions of the scholars may be used to help one understand the evidence. But if the Muslim does not have enough knowledge to be able to decide which scholarly view is more correct, then he must ask the scholars whose knowledge and religious commitment he trusts, and follow the fatwas that they issue to him. Allaah says (interpretation of the meaning): “So ask the people of the Reminder if you do not know” [al-Anbiya’ 21:43] The scholars have stated that the madhhab of the ordinary Muslim is the madhhab of his mufti (the scholar whom he asks for a fatwa). If the scholars’ opinions vary, then he must follow the one who is most trustworthy and most knowledgeable. This is like when a person falls sick and he looks for the most trustworthy and knowledgeable doctor because he is more likely than others to get it right. It is more important to be on the safe side in matters of religion than in worldly matters. It is not permissible for a Muslim to select the scholarly opinion that is in accordance with his own whims and desires, if that goes against the evidence, or to seek rulings from those whom he thinks will be lenient in issuing fatwas.
18
Basis for Jurisprudence and Islamic Rulings
Rather he must try to be on the safe side with regard to his religion, and ask scholars who are more knowledgeable and who fear Allaah more. From Ikhtilaaf al-‘Ulama’ Asbaabuhu wa Mawqifuna minhu, p. 23. See also question no. 22652. The Muslim must beware of seeking fatwas from those who are known to be too lenient and to go against trustworthy scholars who are more knowledgeable. The Muslim should beware of following his whims and desires and only following those fatwas which are in accordance with his own wishes and desires, for the Muslim is required to go against the desires and whims of his own self. Allaah says (interpretation of the meaning): “But as for him who feared standing before his Lord, and restrained himself from impure evil desires and lusts. Verily, Paradise will be his abode” [al-Naazi’aat 79:40] And Allaah knows best. Islam Q&A (www.islam-qa.com) 10887: what is definition of haram &halal? Question: what is definition of haram &halal? Answer: Praise be to Allaah.
19
Basis for Jurisprudence and Islamic Rulings
Haraam is that for which the one who does it will be punished and the one who abstains from it will be rewarded, if the reason for his abstinence is following the prohibition of Allaah. The halaal is that in which there is no sin in doing it and no sin in not doing it, but if a person intends to enhance his obedience to Allaah by doing it, then he will be rewarded for this intention. Dictating what is halaal and what is haraam is the right of Allaah alone. There are people who make halaal some of that which Allaah has forbidden, and people who make haraam some of that which Allaah has permitted. Some people invent acts of worship which have not been prescribed by Allaah and which in fact He has forbidden. The asl al-deen or basic principle of religion is that the halaal is that which Allaah and His Messenger have permitted, and the haraam is that which Allaah and His Messenger have forbidden. The religion is that which Allaah and His Messenger have prescribed. No one has the right to go beyond the limits of the Straight Path with which Allaah sent His Messenger. Allaah says (interpretation of the meaning): “And verily, this is My straight path, so follow it, and follow not (other) paths, for they will separate you away from His path. This He has ordained for you that you may become AlMuttaqoon (the pious)” [al-An’aam 6:153] Allaah mentions in Soorat al-A’naam, Soorat al-A’raaf and elsewhere the things for which He condemns the mushrikeen (polytheists, those who associate others in worship with Allaah), which is that they made haraam things which Allaah had not forbidden, such as the baheerah and saa’ibah (camels to which certain taboos were attached for the sake of their idols), and they permitted things which Allaah had forbidden, such as 20
Basis for Jurisprudence and Islamic Rulings
killing their children, and they prescribed in their religion things that Allaah had not permitted. So Allaah says (interpretation of the meaning): “Or have they partners with Allaah (false gods) who have instituted for them a religion which Allaah has not ordained? [al-Shooraa 42:21] These things included things that are haraam in and of themselves, which they made into acts of worship, such as shirk (associating others in worship with Allaah) and things which are obscene, such as performing Tawaaf around the Ka’bah naked, etc. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 9466: What is moderation in religion? Question: What is meant by moderation in religion? Answer: Praise be to Allaah. Moderation in religion means that one does not exaggerate and go beyond the limit set by Allaah, and that one does not neglect it and fall short of the limit set by Allaah. Moderation in religion means following the example of the Prophet (peace and blessings of Allaah be upon him). 21
Basis for Jurisprudence and Islamic Rulings
Exaggeration means trying to do more than he did, and negligence means not reaching that level. For example, a man says, “I want to spend all night in prayer (qiyaam al-layl), and never sleep all my life, because prayer is one of the best acts of worship, so I want to spend the entire night in prayer.” We say, this is going to extremes in the religion of Allaah, and this is not right. Something like this happened at the time of the Prophet (peace and blessings of Allaah be upon him), when a group of men got together and one of them said, “I will pray at night and never sleep.” Another said, “I will fast and never break my fast.” The third one said, “I will never marry women.” News of that reached the Prophet (peace and blessings of Allaah be upon him) and he said, “What is wrong with people who say such and such? I fast and I break my fast. I sleep, and I marry women. Whoever overlooks my Sunnah does not belong to me.” These people had gone to extremes in religion, and so the Messenger (peace and blessings of Allaah be upon him) disowned them, because they overlooked his Sunnah which includes fasting and not fasting, praying at night and sleeping, and marrying women. The one who is falling short is one who says, “I do not need to do voluntary (naafil) actions, so I will not do them. I will only do the fard actions. He may even be falling short in the fard actions, so this person is lacking. The moderate person is one who follows the path of the Messenger (peace and blessings of Allaah be upon him) and his rightly-guided successors (al-Khulafaa’ alRaashidoon). Another example: three men are faced with an immoral man. One of them says, “I will not greet this immoral man and I will boycott him, keep away from him and not speak to him.” 22
Basis for Jurisprudence and Islamic Rulings
The second one says, “I will go with this immoral man, greet him and smile at him. I will invite him to my place and accept his invitation. He is just like any righteous man to me.” The third one says, “I hate this immoral man for his immoral actions, but I love him for his faith. I will not boycott him unless doing so is in his best interests. If there is nothing to be gained by boycotting him, and if that will only increase him in his immorality, then I will not boycott him.” We say that the first man is going to extremes, the second is negligent and the third is moderate. The same applies to all other acts of worship and dealings with others. People vary between extremism, negligence and moderation. A third example: A man is a prisoner of his wife, who directs him as she wishes and he does not stop her from committing sin, or urge her to do good. She has taken over his reason and has become the one who is in charge of him. Another man treats his wife in a harsh, arrogant and highhanded manner. He does not care about her and regards her as less than a servant. A third man is moderate in his dealings with his wife, as Allaah and His Messenger commanded. “And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable” [al-Baqarah 2:228 – interpretation of the meaning]
23
Basis for Jurisprudence and Islamic Rulings
[The Prophet (peace and blessings of Allaah be upon him) said:] “Let no believing man hate a believing woman. If he dislikes one of her characteristics he will be pleased with another.” This last man is the one who is moderate. The second one is extreme in his dealings with his wife, and the first is falling short. The same applies to all other deeds and acts of worship. Majmoo’ Fataawa wa Rasaa’il li Fadeelat al-Shaykh Muhammad ibn Saalih al-‘Uthaymeen, vol. 1, p. 42 (www.islam-qa.com) 9197: Is there any difference between Sunnah, mustahabb and nafil? Question: What is the difference between Sunnah and Nafel? and Sunnah and Musthab? Answer: Praise be to Allaah. The majority of scholars of Usool al-Fiqh say that there is no difference between Sunnah, mustahabb, tatawwu’ (voluntary actions) and nafil. But the Hanafis say something different. They regard mandoob (recommended) as being of the same status as nafil, and they differentiate between Sunnah and nafil, regarding Sunnah as being higher in status. Sharh al-Waraqaat fi Usool al-Fiqh by Shaykh ‘AbdAllaah al-Fawzaan, 26 . (www.islam-qa.com) 24
Basis for Jurisprudence and Islamic Rulings
9084: The difference between haraam and makrooh Question: What is the meaning of makrooh? And what is the difference between makrooh and haraam. Answer: Praise be to Allaah. Makrooh in Arabic means the opposite of liked or loved. In the terminology of sharee’ah it means that which the Lawgiver asks us not to do, but not in a definitive manner. It may be said that it means that for which the person who does not do it out of obedience will be rewarded, but the one who does it will not be punished. Haraam in Arabic means forbidden. In the terminology of sharee’ah it means, that which the Lawgiver requires us not to do, in a definitive manner. Haraam is the opposite of halaal (permitted). A person will be rewarded for not doing that which is haraam, if he does so out of obedience, and not out of fear, shyness or the inability to do it; in those cases he will not be rewarded for not doing it. Sharh al-Waraqaat fi Usool al-Fiqh by ‘Abd –Allaah alFawzaan, 29-30 (www.islam-qa.com) 751: Why adultery, gambling and the flesh of swine are haraam Question: Why are adultery, gambling, eating the flesh of swine forbidden in Islam or considered “haram”? 25
Basis for Jurisprudence and Islamic Rulings
Answer: Even though we find it strange that a Muslim would ask such a question about matters which are so clear and undisputed, the answer is simply that these things are haraam because Allaah, Whom we must obey, has forbidden them. He tells us in the Qur’aan (interpretation of the meanings): “And come not near to unlawful sexual intercourse. Verily, it is a faahishah (a great sin) and an evil way.” [al-Israa’ 17:32] “He has forbidden you only the maytatah (dead animals), and blood, and the flesh of swine…” [al-Baqarah 2:173] “O you who believe! Intoxicants, gambling, al-ansaab [stone altars for sacrifice to false gods], and al-azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Shaytaan wants only to excite enmity and hatred between you with intoxicants and gambling, and hinder you from the remembrance of Allaah and from al-salaah. So, will you not then abstain?” [al-Maa’idah 5:90-91] So we must avoid all that which Allaah has forbidden, out of faith in His laws, in the hope of His reward and in fear of His punishment. We must also believe that Allaah does not forbid anything in Islamic sharee’ah except that which is harmful and corrupt, whether we understand this rationally or not, because He says (interpretation of the meaning): “And no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your
26
Basis for Jurisprudence and Islamic Rulings
decisions, and accept (them) with full submission.” [alNisaa’ 4:65] Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 2376: Are all actions allowed unless specifically prohibited or vice versa? Question: The fiqh of actions is, to my knowledge, divided into two. 1) All actions are mubah unless specified otherwise by Allah and Rasool Allah. 2) All actions are not Mubah in origin and has a specific hukm. Can you please clarify wich is stronger through evidence. Jazakum Allah khair. Answer: Praise be to Allaah. The rule that all things are allowed is considered to be one of the major well-known principles of Islamic jurisprudence (fiqh), and there springs from this principle the idea that all actions are allowed except those for which there is evidence to show that they are forbidden. There are some exceptions to this rule: in matters of sexual relationships, forms of worship, and eating meat, the rule is that it is forbidden except that which is expressly permitted; and it is forbidden to dispose of another 27
Basis for Jurisprudence and Islamic Rulings
person’s property except with his permission. Modern forms of contracts are permitted so long as they do not involve buying something sight unseen, deception, riba (interest or usury), fraud, cheating or other things that are forbidden by sharee’ah. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)
28
Basis for Jurisprudence and Islamic Rulings
Chapter 2 Accountability 45672: Should she wear hijab even though her family will be harmed because of that? Question: What is the ruling on a woman who wears hijab in an Arab country which forbids hijab by force and by harming the woman’s religious commitment and social interests? Should she remain steadfast even though some of her family members may be harmed indirectly? Please advise me. Answer: Praise be to Allaah. It is a serious crime and a reprehensible action to prevent a Muslim woman from wearing hijab as enjoined by Allaah and forcing her by law to uncover her head and face and go out unveiled among people. The Muslim has to adhere to the rulings of sharee’ah and “there is no obedience to any created being if it involves disobedience towards the Creator.” The Muslim woman’s hijab is one of the duties that she is obliged to fulfil. The harm that a woman imagines will befall her or her family may be baseless, or it may not be extreme, and it may be something that can be put up with. So she has to continue to adhere to correct Islamic dress. If the harm is extreme and certain, or it is most likely that it will happen, then the woman can take off her hijab in 29
Basis for Jurisprudence and Islamic Rulings
order to protect her honour and religious commitment, but she has to remain as covered and as modest as she possibly can. In this case it is not permissible for her to go out of the house except when absolutely necessary, and there is no concession allowing her to go out to study or to buy things that someone else can bring to her. What we mean is that she should only go out for essential needs that cannot easily be dealt with at home, or for some shar’i action that she cannot forsake, and so on. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: In some countries Muslim women may be forced to take off their hijab and leave their heads uncovered. Is it permissible for them to do that, knowing that whoever refuses to do that is faced with consequences such as losing their jobs or being expelled from school? The Shaykh replied: This calamity which is happening in some countries is one of the things by means of which a person may be tested. Allaah says (interpretation of the meaning): “AlifLaamMeem. [These letters are one of the miracles of the Qur’aan, and none but Allaah (Alone) knows their meanings.] 2. Do people think that they will be left alone because they say: “We believe,” and will not be tested. 3. And We indeed tested those who were before them. And Allaah will certainly make (it) known (the truth of) those who are true, and will certainly make (it) known (the falsehood of) those who are liars, (although Allaah knows all that before putting them to test)”
30
Basis for Jurisprudence and Islamic Rulings
[al-‘Ankaboot 29:1-3] What I think is that Muslim women in these countries should refuse to obey people in charge (the rulers) in this evil action, because obeying those in authority in doing something that is wrong is not allowed. Allaah says (interpretation of the meaning): “O you who believe! Obey Allaah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority” [al-Nisa’ 4:59] If you think about the meaning of this verse, you will note that Allaah says “Obey Allaah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority” – but the verb (obey) is not repeated in the third case with regard to those who are in authority. This indicates that obedience to those in authority is secondary to obedience to Allaah and obedience to His Messenger. If their command is contrary to obeying Allaah and His Messenger, then they should not be listened to or obeyed in that which goes against obedience to Allaah and His Messenger. “There is no obedience to any created being if it involves disobedience to the Creator.” The persecution that a woman may face in this regard is something that has to be borne with patience, and she should seek the help of Allaah in being patient. We ask Allaah to guide those in authority to the truth. I do not think that this forcing her not to wear hijab can take place unless the woman leaves her home, but if she stays at home no one can force her, so she can stay in her house so that she will be safe from this thing. With regard to studies that will lead to her committing sin, this is not permissible, rather she should study whatever she needs
31
Basis for Jurisprudence and Islamic Rulings
for her religious and worldly interests. This is sufficient, and this can usually be done at home. As’ilat al-Usrah al-Muslimah, p. 22, 23 And Allaah knows best. Islam Q&A (www.islam-qa.com) 13793: Obligatory duties for those who are deaf and mute Question: Are those who are deaf and mute accountable, and do they have to do the obligatory duties prescribed in sharee’ah? Answer: Praise be to Allaah. Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz explained that the child who is deaf and mute, when he reaches the age of puberty, is considered to be accountable and expected to fulfil the obligations of prayer, etc. He added that he may be taught what he needs to know by means of writing or signing, because of the general meaning of the shar’i evidence which indicates that these obligations apply to everyone who reaches the age of puberty and is of sound mind. Puberty is reached at the age of fifteen, or when maniy (discharge) is emitted as a result of feeling desire in a dream (“wet dream”) or otherwise, and when coarse hair grows around the private parts. In the case of women, there is a fourth sign of puberty, which is the onset of menstrual periods. The shaykh called upon the guardian of the one who is deaf or mute to pay zakaah and fulfil other financial 32
Basis for Jurisprudence and Islamic Rulings
obligations on his behalf. He also has to teach him what he does not know by all possible means so that he will understand what Allaah requires of him and what Allaah has forbidden for him. The shaykh quoted as evidence the words of Allaah (interpretation of the meaning): “So keep your duty to Allaah and fear Him as much as you can” [al-Taghaabun 64:16] And the hadeeth of the Prophet (peace and blessings of Allaah be upon him): “If I command you to do a thing, then do as much of it as you can.” And the shaykh explained that the accountable person who cannot hear or speak, or who becomes unable to hear or speak, should fear Allaah and keep his duty towards Him as much as he can by doing that which is enjoined upon him and abstaining from that which is haraam. He should try to learn as much of the religion as possible, by watching, writing and signing, so that he may understand what is required. Kitaab Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 9, p. 336 . (www.islam-qa.com) 27101: Is it permissible for a kaafir to pray with the Muslims? Question: May a non-Muslim pray in the ranks with Muslims? Please provide daleel for yes or no. 33
Basis for Jurisprudence and Islamic Rulings
Answer: Praise be to Allaah. It is not permissible for a non-Muslim to pray either in the ranks or on his own. What he has to do is to enter Islam before he prays, then to purify himself [by doing ghusl], and then fulfil the conditions of prayer. He is includes in the obligation of prayer, and he is to be punished if he does not become Muslim and pray, but it will not be accepted from him unless he enters Islam. Allaah says (interpretation of the meaning): “And nothing prevents their contributions from being accepted from them except that they disbelieved in Allaah and in His Messenger (Muhammad)” [al-Tawbah 9:54] “If you join others in worship with Allaah, (then) surely, (all) your deeds will be in vain, and you will certainly be among the losers” [al-Zumar 39:65] Shaykh Ibn ‘Uthaymeen said, when listing the conditions of prayer being valid: There are other conditions which include: being Muslim, being of sound mind, and having reached the age of discretion… No act of worship is valid unless one is a Muslim, of sound mind and has reached the age of discretion, apart from zakaah, which is obligatory upon the insane and minors, according to the correct opinion. With regard to the validity of Hajj performed by a minor, there are texts which state that it is valid. Al-Sharh al-Mumti’, 2/95, Ibn al-Jawzi edition. 34
Basis for Jurisprudence and Islamic Rulings
And he said: The conditions of prayer are: being Muslim, being of sound mind, and having reached the age of discretion; that the time for prayer has begin; covering the ‘awrah; having purified oneself from anything that invalidates wudoo’; avoiding najaasah (impurity); facing the qiblah; and having the intention of praying. Al-Sharh al-Mumti’, 2/289, Ibn al-Jawzi edition. The same applies to the other acts of worship; they can only be accepted from a Muslim, so Islam or being a Muslim is a condition of acts of worship being valid, and their being accepted depends on that. Ibn Rushd said: The conditions fall into two categories: The conditions of it being valid, and the conditions of it being obligatory. With regard to the conditions of it being valid, there is no difference of scholarly opinion that they include being Muslim, because Hajj is not valid if done by one who is not a Muslim… End quote. Bidaayat al-Mujtahid, 1/133 And Allaah knows best. Islam Q&A (www.islam-qa.com) 12840: Are women equal with men in reward and punishment? Question: Some people say that women are lacking in intellect and religious commitment, and in inheritance and bearing 35
Basis for Jurisprudence and Islamic Rulings
witness. Some say that Allaah has made them equal in reward and punishment. What is your opinion: are they lacking according to Islam or not?. Answer: Praise be to Allaah. Islam came to honour women and raise their status, and to give them a position that befits them, and to take care of them and protect their dignity. So Islam commands women’s guardians and husbands to spend on them, to treat them well, look after them and be kind to them. Allaah says (interpretation of the meaning): “and live with them honourably” [al-Nisa’ 4:19] It is reported that the Prophet (peace and blessings of Allaah be upon him) said: “The best of you are those who are best to their wives, and I am the best of you to my wives.” Narrated by al-Tirmidhi, 5/709, no. 3895. Islam gives women all their rights and allows them to dispose of their affairs in an appropriate manner. Allaah says (interpretation of the meaning): “And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them. And Allaah is All-Mighty, AllWise” [al-Baqarah 2:228] This includes all kinds of dealings, buying, selling, 36
Basis for Jurisprudence and Islamic Rulings
compromising, appointing others to act on their behalf, lending, depositing trusts, etc. Islam enjoined upon women the acts of worship and duties that befit them, the same duties as men, namely purification, zakaah, fasting, prayer, Hajj, and other acts of worship. But Islam gives a woman half the share of a man when it comes to inheritance, because she is not obliged to spend on herself or her house or her children. Rather the one who is obliged to spend on them is the man, just as the man is responsible for spending on guests, contributing to payment of ransom money, and spending on reconciling between conflicting groups. With regard to the testimony of two women being equivalent to the testimony of one man in some cases, that is because women tend to be more forgetful than men because of their natural cycles of menstruation, pregnancy, giving birth, raising children etc. All these things preoccupy them and make them forgetful. Hence the shar’i evidence indicates that another women should reinforce a woman’s testimony, so that it will be more accurate. But there are matters that pertain only to women in which the testimony of a single woman is sufficient, such as determining how often a child was breastfed, faults that may affect marriage, and so on. Women are equal with men in terms of reward, remaining steadfast in faith and doing righteous deeds, in enjoying a good life in this world and a great reward in the Hereafter. Allaah says (interpretation of the meaning): “Whoever works righteousness — whether male or female — while he (or she) is a true believer (of Islamic Monotheism) verily, to him We will give a good life (in this world with respect, contentment and lawful 37
Basis for Jurisprudence and Islamic Rulings
provision), and We shall pay them certainly a reward in proportion to the best of what they used to do (i.e. Paradise in the Hereafter)” [al-Nahl 16:97] So we know that women have rights and duties, just as men have rights and duties. There are matters which suit men so Allaah has made them the responsibility of men, just as there are manners which suit women so He has made them the responsibility of women. And Allaah is the Source of strength. Al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’lIfta’, 17/7. Islam Q&A (www.islam-qa.com) 21246: She did not know the signs of puberty so she did not fast in Ramadaan, out of ignorance Question: According to custom in some Muslim countries, menstruation is regarded as the sign of puberty for women and no attention is paid to the other signs, such as the growth of pubic hair etc, which are known from the books of fiqh. As a result of this kind of custom, one of the sisters started to observe the obligatory fast of Ramadaan after she saw menstrual blood, although at that time she was thirteen years old and she already had pubic hair before she got her period, but she does not remember whether that hair was coarse or not, and she does not remember how many years she did not fast after that hair appeared. My question is: 38
Basis for Jurisprudence and Islamic Rulings
1 – What are the signs of a woman’s puberty, according to sharee’ah or to custom? 2 – What is the ruling on this sister’s not fasting during those Ramadaans when her hair had started to grow but she had not yet started her periods, if the custom on this issue is contrary to sharee’ah?. Answer: Praise be to Allaah. A woman is deemed to have reached puberty when one of four things happens: 1 – When she reaches the age of fifteen. 2 – When her pubic hair grows, which is hair around the private parts. 3 – When she emits maniy (fluid released at climax). 4 – When she starts to menstruate. If one of these four things happens, then she has reached the age of puberty and she is now regarded as accountable, and she is obliged to do acts of worship just like adults. If a woman did not know that puberty begins in this manner, then there is no sin on her for not fasting, because she was unaware, and there is no sin on the person who is unaware so long as he was not negligent about learning or finding out when he was able to do so. But she must hasten to make up the fasts that she missed because when a woman reaches the age of puberty, she becomes accountable and she must make up the fasts that she missed during the time when she was accountable. She must strive to work out how many days she missed after
39
Basis for Jurisprudence and Islamic Rulings
she reached puberty, and hasten to make them up so there will no longer be any sin on her. Islam Q&A (www.islam-qa.com) 10065: Who are the ones who will be excused for ignorance about ‘aqeedah and matters of fiqh? Question: Who are the ones who will be excused for ignorance? Will a person be excused for ignorance about matters of fiqh, or about matters of ‘aqeedah and Tawheed? What is the duty of the scholars with regard to this matter? Answer: Claiming that one is ignorant or using this as an excuse is a matter which needs further discussion. Not everyone can be excused for his ignorance. With regard to the things which were brought by Islam, which the Messenger (peace and blessings of Allaah be upon him) explained and which were made clear in the Book of Allaah and are widely known among the Muslims, no claim of ignorance will be accepted in these cases, especially in matters with have to do with ‘aqeedah and the basics of religion. Allaah sent His Prophet (peace and blessings of Allaah be upon him) to teach the people their religion and explain it to them, and he conveyed the message clearly and explained to the ummah the truths of their religion. He explained everything and left them with a clear path which is always obvious. In the Book of Allaah there is guidance and light. If some people claim to be ignorant about things which are known to be essential parts of the religion and which are well known among the Muslims, such as claiming to 40
Basis for Jurisprudence and Islamic Rulings
be ignorant about shirk and worshipping anything other than Allaah, or claiming that salaah is not obligatory, or that fasting Ramadaan is not obligatory, or that paying zakaah is not obligatory, or that doing Hajj when one is able to is not obligatory – in these and similar matters, claims of ignorance are unacceptable from those who live among the Muslims, because they are matters which are well known among the Muslims. They are known to be essential parts of the Muslim religion and are widely known among the Muslims, so the claim of ignorance of these matters is unacceptable. This is the case if a person were to claim that he does not know that what the mushrikeen do at the graves or idols is wrong, when they call upon the dead, seek their help, offer sacrifices to them and make vows to them, or offer sacrifices to the idols, stars, trees or rocks; or seek healing or help against their enemies from the dead or idols or jinn or angels or Prophets… All of these are things which are known essentially in the religion that they are major shirk (alshirk al-akbar). Allaah explained this clearly in His Book, and His Messenger (peace and blessings of Allaah be upon him) explained it clearly. He remained in Makkah for thirteen years warning the people against this shirk, and he preached the same message in Madeenah for ten years, explaining to them that it is obligatory for their worship to be purely and sincerely for Allaah Alone, and reciting to them the Book of Allaah, such as the verses (interpretation of the meaning): “And your Lord has decreed that you worship none but Him” [al-Israa’ 17:23] “You (Alone) we worship, and You (Alone) we ask for help (for each and everything). [al-Faatihah 1:5] “And they were commanded not, but that they should 41
Basis for Jurisprudence and Islamic Rulings
worship Allaah, and worship none but Him Alone (abstaining from ascribing partners to Him) [al-Bayyinah 98:5] “So worship Allaah (Alone) by doing religious deeds sincerely for Allaah’s sake only. Surely, the religion (i.e. the worship and the obedience) is for Allaah only [al-Zumar 39:2-3] “Say (O Muhammad): ‘Verily, my Salaah (prayer), my sacrifice, my living, and my dying are for Allaah, the Lord of the ‘Aalameen (mankind, jinn and all that exists). He has no partner. And of this I have been commanded, and I am the first of the Muslims.’” [al-An’aam 6:162163] And Allaah says, addressing His Messenger (peace and blessings of Allaah be upon him) (interpretation of the meaning): “Verily, We have granted you (O Muhammad) AlKawthar (a river in Paradise). Therefore turn in prayer to your Lord and sacrifice (to Him only).” [al-Kawthar 108:1-2] “And the mosques are for Allaah (Alone), so invoke not anyone along with Allaah” [al-Jinn 72:18] “And whoever invokes (or worships), besides Allaah, any other ilaah (god), of whom he has no proof; then his reckoning is only with his Lord. Surely, AlKaafiroon (the disbelievers in Allaah and in the Oneness of Allaah, polytheists, pagans, idolaters) will not be successful” [alMu’minoon 23:117] The same applies in the case of those who make fun of the religion, attack it, mock it and insult it – all of these 42
Basis for Jurisprudence and Islamic Rulings
are forms of major kufr and are things for which none may be excused on the grounds of ignorance, because it is well known in the religion that insulting the religion or insulting the Messenger (peace and blessings of Allaah be upon him) are forms of major kufr, as is making fun of the religion or mocking it. Allaah says (interpretation of the meaning): “Say: ‘Was it at Allaah, and His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking?’ Make no excuse; you disbelieved after you had believed” [al-Tawbah 9:65-66] It is obligatory for the scholars in every place to spread this knowledge among the people and to make it known so that the common folk will have no excuse and so that this important knowledge will become widespread among them; and so that they will give up their attachment to the dead and seeking help from them whether that is in Egypt, Syria, Iraq or in Madeenah at the grave of the Prophet (peace and blessings of Allaah be upon him), or in Makkah or anywhere else; and so that the pilgrims and the people will be aware, and will know the laws and religion of Allaah. The silence of the scholars is one of the reasons for the loss and ignorance of the common folk. The scholars, wherever they are, must convey to the people the religion of Allaah and teach them about the unity of Allaah (Tawheed) and the kinds of shirk, so that they will give up shirk out of understanding and so that they will worship Allaah Alone with understanding. Similarly, they must speak out against the things that happen at the grave of al-Badawi, the grave of al-Husayn (may Allaah be pleased with him), or at the grave of Shaykh ‘Abd alQaadir al-Jeelani or at the grave of the Prophet (peace and blessings of Allaah be upon him) in Madeenah and at other graves. The people must know that worship is due 43
Basis for Jurisprudence and Islamic Rulings
to Allaah alone, and no one else has any right to it, as Allaah says (interpretation of the meaning): “And they were commanded not, but that they should worship Allaah, and worship none but Him Alone (abstaining from ascribing partners to Him) [al-Bayyinah 98:5] “So worship Allaah (Alone) by doing religious deeds sincerely for Allaah’s sake only. Surely, the religion (i.e. the worship and the obedience) is for Allaah only [al-Zumar 39:2-3] “And your Lord has decreed that you worship none but Him” [al-Israa’ 17:23] i.e., your Lord has commanded. So the duty of the scholars throughout the Muslim world and in the areas where there are Muslim minorities and in every place is to teach the people about the unity of Allaah (Tawheed) and to educate them about the meaning of worshipping Allaah, and to warn them against associating anything with Allaah (shirk), which is the greatest of sins. Allaah has created the two races (of mankind and the jinn) to worship Him, and He has commanded them to do that, as He says (interpretation of the meaning): “And I (Allaah) created not the jinn and mankind except that they should worship Me (Alone)” [al-Dhaariyaat 51:56] Worship means obeying Him and obeying His Messenger (peace and blessings of Allaah be upon him), devoting worship sincerely and purely to Him, and focusing one’s heart on Him. Allaah says (interpretation of the meaning): “O mankind! Worship your Lord (Allaah), Who created
44
Basis for Jurisprudence and Islamic Rulings
you and those who were before you so that you may become Al-Muttaqûn (the pious)” [al-Baqarah 2:21] With regard to matters which may be unclear, such as some transactions and some matters of prayer and fasting, the one who is ignorant of them may be excused, as the Prophet (peace and blessings of Allaah be upon him) excused the man who entered ihraam dressed in a cloak and wearing perfume. The Prophet (peace and blessings of Allaah be upon him) said to him, “Take off the cloak and wash off the perfume, and do in your ‘umrah what you do in your Hajj.” He did not tell him to pay a penalty (fidyah) for his ignorance. By the same token, some matters which may be unclear should be taught to the one who is ignorant so that he will come to understand them. But as far as the basics of ‘aqeedah, the pillars of Islam, and things which are clearly haraam are concerned, claims of ignorance cannot be accepted from anyone who lives among the Muslims. If anyone who lives among the Muslims were to say, “I did not know that zinaa is haraam”, this is no excuse. If he were to say, “I did not know that disobeying my parents is haraam,” this is no excuse; rather he should be beaten and disciplined. Or if he were to say, “I did not know that homosexuality is haraam,” this is no excuse. These are matters which are clear and are well known among the Muslims and in Islam. But if he lived in a land far away from the Muslim world or in a remote part of Africa where there are no Muslims around him, then the claim of ignorance may be accepted from him, and if he dies in that state his case will rest with Allaah; he will come under the same ruling as those who lived during the fatrah (time between two Prophets). The correct view is that they will be tested on the Day of Resurrection: if they respond and obey they will enter Paradise, and if they disobey they will enter Hell. But the one who lived among the Muslims but did actions of kufr 45
Basis for Jurisprudence and Islamic Rulings
and neglected the well known obligations, has no excuse, because the matter is clear and there are Muslims around him, who fast and perform Hajj. All of this is well known and widespread among the Muslims, so the claim of ignorance in this case is a false claim. And Allaah is the One Whose help we seek. Kitaab Majmoo’ Fataawa wa Maqaalaat Mutnawwi’ah li Samaahat al-Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 7, p. 132 (www.islam-qa.com) 3240: To whose record are the good deeds of prepubescent children added? Question: Are the good deeds of a child who has not yet reached puberty – such as salaat, Hajj, reciting Qur’aan – all added to his parents’ record or to his own? Answer: Praise be to Allaah The reward for the deeds of a child who has not reached puberty – meaning his good deeds – go to the child himself, not to his parents or anyone else, but his parents will be rewarded for teaching and guiding and helping him to do good, because of the report in Saheeh Muslim from Ibn ‘Abbaas (may Allaah be pleased with him) who said, “A woman held up a boy and said, ‘O Messenger of Allaah, will his Hajj be counted?’ He said, ‘Yes, and you will have a reward.’” (Reported by Muslim, 2378) The Prophet (peace and blessings of Allaah be upon him) 46
Basis for Jurisprudence and Islamic Rulings
stated that the Hajj would be counted for the boy, and that his mother would be rewarded for taking him on Hajj. Similarly, people other than the parents may also be rewarded for good deeds, such as teaching those under their care such as orphans, relatives, servants and other people, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever guides others to do good will have a reward similar to that of the one who does it …” (reported by Muslim in his Saheeh, 3509), and because this is a form of co-operating in righteousness and piety, which Allaah urges us to do. (Fataawa Islamiyah, Ibn ‘Uthaymeen, 526). (www.islamqa.com)
47
Basis for Jurisprudence and Islamic Rulings
Chapter 3 Sources for Islamic Rulings and Shari’ah 44877: Our attitude concerning da’eef (weak) ahaadeeth which speak of good deeds Question: What is the attitude of the scholars concerning a hadeeth whose isnaad is da’eef (weak), but whose text encourages a righteous deed or a du’aa’? Please respond. Answer: Praise be to Allaah. The scholars differed concerning acting upon weak ahaadeeth which encourage righteous deeds. Some of them were of the view that it is permissible to act upon them, subject to certain conditions, and others were of the view that it is not permissible to act upon them. Al-Haafiz ibn Hajar (may Allaah have mercy on him) summed up the conditions for it to be permissible to act upon a saheeh hadeeth, which are as follows: 1 – It should not be very weak, and one should not act upon a hadeeth which was narrated only by one of the liars or those who are accused of lying, or whose mistakes are serious. 2 – It should mention a good deed for which there is a basis in sharee’ah. 3 – When acting upon it one should not believe that the action is well-founded, rather he should do it on the basis of erring on the side of caution. 48
Basis for Jurisprudence and Islamic Rulings
Acting upon a weak hadeeth does not mean that we believe it is mustahabb to do an act of worship simply because a da’eef hadeeth has been narrated concerning it. None of the scholars has said such a thing – as we shall see from the words of Shaykh al-Islam Ibn Taymiyah, below – rather what it means is that if it is proven that a certain act of worship is mustahabb because there is sound (saheeh) shar’i evidence – as in the case of qiyaam allayl (supererogatory prayers at night), for example – then we find a da’eef hadeeth which speaks of the virtue of qiyaam al-layl, then there is nothing wrong with acting upon this weak hadeeth in that case. What is meant by acting upon it is narrating it in order to encourage people to do this act of worship, in the hope that the one who does it will earn the reward mentioned in the da’eef hadeeth, because acting on the weak hadeeth in this case will not lead to doing something that is forbidden in sharee’ah, such as saying that an act of worship is mustahabb that is not proven in sharee’ah. Rather, if he earns this reward all well and good, otherwise no harm is done. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said in Majmoo’ al-Fataawa, 1/250: It is not permissible in Islam to rely on weak ahaadeeth that are neither saheeh nor hasan, but Ahmad ibn Hanbal and other scholars regarded it is permissible to narrate reports concerning righteous deeds which are not known to be proven, so long as they are not known to be lies, on the basis that if an action is known to be prescribed in Islam from shar’i evidence, and there is a hadeeth which is not known to be a lie, it is possible that the reward referred to in that weak hadeeth may be true. None of the imams said that it is permissible to regard something as obligatory or mustahabb on the basis of a weak hadeeth; whoever says that is going against scholarly consensus. 49
Basis for Jurisprudence and Islamic Rulings
It is permissible to narrate reports that are not known to be lies in order to encourage and warn people, but only with regard to matters where it is known that Allaah has encouraged or warned against them on the basis of other evidence the status of whose narrators is not unknown. End quote. Abu Bakr ibn al-‘Arabi said that it is not permissible to act on the basis of a weak hadeeth at all, whether with regard to virtuous deeds or otherwise… See Tadreeb alRaawi, 1/252. This is the view favoured by al-Albaani (may Allaah have mercy on him). See the introduction to Saheeh alTargheeb wa’l-Tarheeb, 1/47-67. The saheeh proven reports from the Prophet (peace and blessings of Allaah be upon him) offer us sufficient evidence that we have no need to act on the basis of weak hadeeths. The Muslim must strive to find out which ahaadeeth are sound (saheeh) and which are weak (da’eef), and be content to act on the basis of the sound reports. And Allaah knows best. Islam Q&A (www.islam-qa.com) 39286: Is it correct to think that fatwas may vary according to time and place? Question: I read the words: “The scholars are unanimously agreed that fatwas may change according to time, place, local custom and situation so it is essential to take new 50
Basis for Jurisprudence and Islamic Rulings
developments into account.” But I am not convinced of this. Is this view correct? I hope that you can answer with evidence from sharee’ah and the Sunnah. May Allaah reward you with good. Answer: Praise be to Allaah. This principle is expressed by some scholars in the words, “Changing rulings according to changing times is not to be denounced,” as it says in Majallat al-Ahkaam al‘Adliyyah al-Maaddah, 39; Sharh al-Qawaa’id alFiqhiyyah by al-Zarqa, p. 227; and elsewhere. This is one of the principles that are derived from the principle of al-‘aadah muhakkamah (custom is a source for rulings). The word “rulings” here refers specifically to rulings that are based on custom and tradition. These are the rulings that may change according to time, place and circumstance. It says in Durar al-Hukkaam Sharh Majallat al-Ahkaam: “The rulings which may change according to time are the rulings that are based on customs and traditions, because as time changes, the people’s needs change. Based on this, changes also affect customs and traditions, and changes in custom and traditions change the rulings, as we have explained above. This is unlike the rulings that are derived from shar’i evidence and are not based on custom and tradition, which do not change. For example: the punishment for murder is execution. This shar’i ruling is not based on custom and tradition, and cannot be changed because of changing times. The 51
Basis for Jurisprudence and Islamic Rulings
rulings that can be changed as times change are those that are based on custom and tradition, as we have said. There follow some examples: In the view of the earlier fuqaha’, if a person wanted to buy a house, it was sufficient for him to see some of the rooms; but according to later fuqaha’, if a person wants to buy a house he has to see each and every room of it. This difference is not based on evidence, rather it stems from changes in customs and traditions regarding the way in which houses are built. That is because in the past, when a house was built the custom was for all its rooms to be the same, so if a person saw some of the rooms he had no need to see the rest. But nowadays the custom is that in one house the rooms vary in size and shape, so when buying a house it is essential to see all the rooms. From Durar al-Hukkaam, 1/47, by Shaykh ‘Ali Haydar. Similar comments are to be found in Sharh al-Majallah by Saleem Rustam, 1/36. Al-Zarqa described this principle by saying: Because sound character is rare nowadays, they said that testimony may be accepted from the best and then the next best, or from the least immoral then the next least immoral… They said that it is permissible to ask the witnesses to swear an oath, if the opponent insists on that, and if the judge deems it appropriate, because of the corrupt nature of the times. Sharh al-Qawaa’id al-Fiqhiyyah, p. 229/ Dr. Muhammad al-Zuhayli pointed out that the basic principle in sharee’ah is that rulings are fixed, and that the word “rulings” in this principle is not general in
52
Basis for Jurisprudence and Islamic Rulings
application. He said: “Hence the principle is specific and is an exception, whilst noting the following: 1- The basic rulings that are established in the Qur’aan and Sunnah and which Islam brought in its basic texts – the commands and prohibitions, such as the prohibition on wrongdoing, adultery, riba, drinking alcohol and stealing, the obligation of mutual consent in contracts, of fighting crime and protecting people’s rights – none of these can be changed as times change. Rather they are principles that were brought by sharee’ah to guide all people at all times. All that changes is the means by which they are achieved. 2- The pillars of Islam and basic rulings that no Muslim has any excuse for not knowing cannot be changed. They remain fixed as they were narrated and as they were in the first era of Islam, because they are not open to change. 3- All the rulings on worship are not subject to individual opinion or ijtihaad, and cannot be changed because of different times, places, countries or individuals. 4- Matters of ‘aqeedah are also fixed and cannot be changed or altered, and are not subject to ijtihaad. They have been fixed from the time they were revealed and from the time of the earlier Prophets and Messengers, and will remain so until the Hour begins. They cannot change because of changing times. End quote. From al-Qawaa’id al-Fiqhiyyah ‘ala alMadhhab al-Hanafi wa’l-Shaafa’i by Dr. Muhammad alZuhayli , p. 319. Hence it becomes clear that there is no confusion about this principle, and that it does not provide proof for those who want to allow riba or mixing, for example, or who want to abolish the hudood punishments because the times 53
Basis for Jurisprudence and Islamic Rulings
have changed. The matters mentioned are firmly established in clear texts of the Qur’aan and Sunnah, and there is no room for changing or altering them, unless one wants to leave Islam altogether. And Allaah knows best. Islam Q&A (www.islam-qa.com) 23280: Imitation (taqleed), following the evidence (daleel) – and was Ibn Hazm a Hanbali? Question: How can a person not make taqleed and still at the same time follow the teachings of one of the imams hanafi, maaliki, shaafi and ahmad bin hanbal(may allah(s.w) have mercy on them all). i am asking this because after reading a summary of the biography of bin baaz( may allah(s.w) have mercy on him)that he followed the school of ahmad bin hanbal(may allah(s.w) have mercy on him) but didnt do taqleed. please explain this to me because im confused . Answer: Praise be to Allaah. Firstly: The followers of the madhhabs are not all the same. Some of them are mujtahids within their madhhab, and some are followers (muqallids) who do not go against their madhhabs in any regard. Al-Buwayti, al-Muzani, al-Nawawi and Ibn Hajr were followers of Imam al-Shaafa’i, but they were also 54
Basis for Jurisprudence and Islamic Rulings
mujtahids in their own right and differed with their imam when they had evidence. Similarly Ibn ‘Abd al-Barr was a Maaliki but he differed with Maalik if the correct view was held by someone else. The same may be said of the Hanafi imams such as Abu Yoosuf and Muhammad alShaybaani, and the Hanbali imams such as Ibn Qudaamah, Ibn Muflih and others. The fact that a student studied with a madhhab does not mean that he cannot go beyond it if he finds sound evidence elsewhere; the only one who stubbornly clings to a particular madhhab (regardless of the evidence) is one who lacking in religious commitment and intellect, or he is doing that because of partisan attachment to his madhhab. The advice of the leading imams is that students should acquire knowledge from where they acquired it, and they should ignore the words of their imams if they go against the hadeeth of the Prophet SAWS (peace and blessings of Allaah be upon him). Abu Haneefah said: “This is my opinion, but if there comes someone whose opinion is better than mine, then accept that.” Maalik said: “I am only human, I may be right or I may be wrong, so measure my words by the Qur’aan and Sunnah.” Al-Shaafa’i said: “If the hadeeth is saheeh, then ignore my words. If you see well established evidence, then this is my view.” Imam Ahmad said: “Do not follow me blindly, and do not follow Maalik or al-Shaafa’i or al-Thawri blindly. Learn as we have learned.” And he said, “Do not follow men blindly with regard to your religion, for they can never be safe from error.” No one has the right to follow an imam blindly and never accept anything but his worlds. Rather what he must do
55
Basis for Jurisprudence and Islamic Rulings
is accept that which is in accordance with the truth, whether it is from his imam or anyone else. Shaykh al-Islam Ibn Taymiyah said: No one has to blindly follow any particular man in all that he enjoins or forbids or recommends, apart from the Messenger of Allaah (peace and blessings of Allaah be upon him). The Muslims should always refer their questions to the Muslim scholars, following this one sometimes and that one sometimes. If the follower decides to follow the view of an imam with regard to a particular matter which he thinks is better for his religious commitment or is more correct etc, that is permissible according to the majority of Muslim scholars, and neither Abu Haneefah, Maalik, al-Shaafa’i or Ahmad said that this was forbidden. Majmoo’ al-Fataawa, 23/382. Shaykh Sulaymaan ibn ‘Abd-Allaah (may Allaah have mercy on him) said: Rather what the believer must do, if the Book of Allaah and the Sunnah of His Messenger (peace and blessings of Allaah be upon him) have reached him and he understands them with regard to any matter, is to act in accordance with them, no matter who he may be disagreeing with. This is what our Lord and our Prophet (peace and blessings of Allaah be upon him) have enjoined upon us, and all the scholars are unanimously agreed on that, apart from the ignorant blind followers and the hardhearted. Such people are not scholars. Tayseer al-‘Azeez al-Hameed, p. 546 Based on this, there is nothing wrong with a Muslim being a follower of a certain madhhab, but if it becomes clear to him that the truth (concerning a given matter) is 56
Basis for Jurisprudence and Islamic Rulings
different from the view of his madhhab, then he must follow the truth. With regard to Ibn Hazm, he was an imam and a mujtahid, and he regarded blind following as haraam. He was not a follower of any of the imams, neither Imam Ahmad nor any other imam. Rather he was the imam of ahl al-zaahir (the Zaahiris or literalists) during his own time and until now. Perhaps the view that he was a follower of Imam Ahmad (if this report is true) has to do with matters of aqeedah and Tawheed, even though he held different opinions and reckless views with regard to issues pertaining to the divine names and attributes. See his biography in Siyar A’laam al-Nubala’, 18/184212 And Allaah knows best. Islam Q&A (www.islam-qa.com) 1105: Does Islam regard men and women as equal? Question: Is there a mention of the equality of women in the qur’an? Answer: Praise be to Allaah. Firstly: This word – equality – which many thinkers in both the east and the west advocate in various fields of life is a word which is based on deviation and a lack of understanding, especially when the speaker attributes this idea of equality to the Qur’aan and to Islam. 57
Basis for Jurisprudence and Islamic Rulings
One of the things that people misunderstand is when they say that “Islam is the religion of equality”. What they should say is that Islam is the religion of justice. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: “Here we should note that there are some people who speak of equality instead of justice, and this is a mistake. We should not say equality, because equality implies no differentiation between the two. Because of this unjust call for equality, they started to ask, what is the difference between male and female?’ So they made males and females the same, and then the communists said, ‘What difference is there between ruler and subject? No one has any authority over anyone else, not even fathers and sons; the father has no authority over his son,’ and so on. But if we say justice, which means giving each one that to which he or she is entitled, this misunderstanding no longer applies, and the word used is correct. Hence it does not say in the Qur’aan that Allaah enjoins equality, rather it says (interpretation of the meaning): “Verily, Allaah enjoins Al‘Adl (i.e. justice)” [al-Nahl 16:90] “and that when you judge between men, you judge with justice” [al-Nisa’ 4:58] Those who say that Islam is the religion of equality are lying against Islam. Rather Islam is the religion of justice which means treating equally those who are equal and differentiating between those who are different. No one who knows the religion of Islam would say that it 58
Basis for Jurisprudence and Islamic Rulings
is the religion of equality. Rather what shows you that this principle is false is the fact that most of what is mentioned in the Qur’aan denies equality, as in the following verses: ‘Say: Are those who know equal to those who know not?” [al-Zumar 39:9] ‘Say: Is the blind equal to the one who sees? Or darkness equal to light?’ [al-Ra’d 13:16] ‘Not equal among you are those who spent and fought before the conquering (of Makkah, with those among you who did so later’ [al-Hadeed 57:10] ‘Not equal are those of the believers who sit (at home), except those who are disabled (by injury or are blind or lame), and those who strive hard and fight in the Cause of Allaah with their wealth and their live’ [al-Nisa’ 4:95] Not one single letter in the Qur’aan enjoins equality, rather it enjoins justice. You will also find that the word justice is acceptable to people, for I feel that if I am better than this man in terms of knowledge, or wealth, or piety, or in doing good, I would not like for him to be equal to me. Every man knows that he find it unacceptable if we say that the male is equal to the female.” Sharh al-‘Aqeedah al-Waasitah, 1/180-181 Based on this, Islam does not regard men and women as equal in matters where regarding them as equal would 59
Basis for Jurisprudence and Islamic Rulings
result in injustice to one of them, because equality that is inappropriate is a severe form of injustice. The Qur’aan commands women to wear clothes that are different from those worn by men, because of the differences in the ways each sex is tempted by the other. The temptation posed by men is less than the temptation posed by women, so the clothes that women should wear are different than the clothes that men wear. It makes no sense to tell women to expose the parts of the body that men are allowed to expose, because of the differences in the temptation posed by a woman’s body and a man’s body – as we shall explain. Secondly: There are matters in which men and women are treated differently in Islamic sharee’ah, such as: 1 – Qiwaamah (being in charge of the household) Allaah says (interpretation of the meaning): “Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means” [al-Nisa’ 4:34] Ibn Katheer (may Allaah have mercy on him) said: “Allaah says ‘Men are the protectors and maintainers of women’ meaning that the man is in charge of the woman, i.e., he is the leader and head of the household, the one who disciplines her if she goes astray. ‘because Allaah has made one of them to excel the other’ i.e., because men are superior to women and are better than women. Hence Prophethood was given only to men, 60
Basis for Jurisprudence and Islamic Rulings
as was the position of khaleefah, because the Prophet (peace and blessings of Allaah be upon him) said, ‘No people shall ever prosper who appoint a woman as their ruler.’ This was narrated by al-Bukhaari from the hadeeth of ‘Abd al-Rahmaan ibn Abi Bakrah from his father. The same applies to the position of qaadi (judge), etc. ‘and because they spend (to support them) from their means’ refers to the mahr and the spending on women’s maintenance that Allaah has enjoined upon men in His Book and in the Sunnah of His Prophet (peace and blessings of Allaah be upon him). So a man is inherently better than a woman, and he is superior to her because he spends on her. So it is appropriate that he should be in charge of her, as Allaah says, ‘but men have a degree (of responsibility) over them’ [al-Baqarah 2:228]. ‘Ali ibn Abi Talhah said, narrating from Ibn ‘Abbaas: ‘Men are the protectors and maintainers of women’ means that men are the leaders of women and they should obey them in areas where Allaah has enjoined obedience. Obedience may mean treating his family kindly and protecting his wealth.” (Tafseer Ibn Katheer, 1/490) 2 – Testimony or bearing witness. The Qur’aan states that the testimony of one man is equivalent to the testimony of two women. Allaah says (interpretation of the meaning): “And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her” [al-Baqarah 2:282]
61
Basis for Jurisprudence and Islamic Rulings
Ibn Katheer said: Two women are to take the place of one man because women are lacking in reason, as Muslim narrated in his Saheeh… from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “O women, give in charity and seek forgiveness a great deal, for I have seen that you form the majority of the people of Hell.” A wise woman among them said, “Why is it, O Messenger of Allaah, that we are the majority of the people of Hell?” He said, “Because you curse too much, and you are ungrateful to your spouses. I have seen none lacking in common sense and failing in religion but (at the same time) robbing the wisdom of the wise, besides you.” The woman asked: “O Messenger of Allaah, what is wrong with our common sense and our religion?” He said: “Your lack of common sense (can be well judged from the fact) that the evidence of two women is equal to that of one man, that is a proof of the lack of common sense, and you spend some nights (and days) in which you do not offer prayer and in the month of Ramadan (during the days) you do not observe fast, that is a failing in religion.” (Tafseer Ibn Katheer, 1/336) There may be some women who are wiser than some men, but this is not the usual rule and such women are not in the majority. Sharee’ah is based on what is general and most common. The fact that women are lacking in reason does not mean that they are crazy, rather their reason is often overtaken by their emotions, and this happens to women more often than it happens to men. No one would deny this except one who is arrogant. 3 – A woman inherits half of what a man inherits.
62
Basis for Jurisprudence and Islamic Rulings
Allaah says (interpretation of the meaning): “Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females” [al-Nisa’ 4:11] Al-Qurtubi said: Because Allaah knows better than they do what is in their best interests, He made the division of inheritance based on differentiation, because He knows what is in their best interests. Tafseer al-Qurtubi, 5/164 For example, a man is obliged to spend more than a woman, so it is appropriate that he should have a larger share of inheritance than a woman. 4 – Clothing: A woman’s ‘awrah includes her entire body. The least that can be said is that she should not uncover anything except her face and hands, and it was said that she should not even uncover that. Allaah says (interpretation of the meaning): “O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies (i.e. screen themselves completely except the eyes or one eye to see the way). That will be better, that they should be known (as free respectable women) so as not to be annoyed. And Allaah is Ever OftForgiving, Most Merciful” [al-Ahzaab 33:59]
63
Basis for Jurisprudence and Islamic Rulings
The ‘awrah of a man is the area from the navel to the knees. It was said to ‘Abd-Allaah ibn Ja’far ibn Abi Taalib, “Tell us what you heard from the Messenger of Allaah (peace and blessings of Allaah be upon him) and what you saw of him, and do not tell us about anyone else, even if he was trustworthy.” He said, “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say, ‘The area between the navel and the knee is ‘awrah.’” Narrated by al-Haakim in al-Mustadrak (6418); classed as hasan by al-Albaani in Saheeh al-Jaami’, 5583. Other examples include the following, which is not a comprehensive list. There are other differences between the sexes, including the following: · A man can marry four women, but a woman can only have one husband. · A man has the right to issue a divorce and it is valid if he does so, but a woman does not have the right to issue a divorce. · A man may marry a woman from among the People of the Book (Jews and Christians), but a Muslim woman may not marry anyone but a Muslim. · A man may travel without his wife or any of his mahrams, but a woman may not travel unless she is accompanied by a mahram. · Prayer in the mosque is obligatory for men, but not for women; a woman’s prayer in her house is more beloved to Allaah.
64
Basis for Jurisprudence and Islamic Rulings
· A woman may wear silk and gold, but a man must not wear them. Everything that we have mentioned is based on the difference between men and women, because the male is not like the female. Allaah says (interpretation of the meaning): “And the male is not like the female” [Aal ‘Imraan 3:36] The male is different from the female in many ways, in his strength, in his body, in his toughness and roughness, whereas women are soft and gentle. And men are different in intellectual terms, for men are known for their strength of understanding and their memory as compared to women. Women are weaker than men in memory and forget more than men do. This is well known, for most of the reputable scholars in the world are men. There are some women who are more intelligent and have better memories than some men, but this does not cancel out the general rule. Most cases are as we have described above. With regard to emotions, men speak of them when they get angry or when they are happy, but women are affected by the slightest emotional effects, so their tears flow at the slightest emotional provocation. Jihad is obligatory for men, but jihad in the sense of fighting is not obligatory for women. This is the mercy of Allaah towards them, and consideration for their nature. In conclusion we may say that the rulings for men are not like the rulings for women. Thirdly: 65
Basis for Jurisprudence and Islamic Rulings
Islam regards men and women as equally obliged with regard to many acts of worship and interactions with others. For example, women do wudoo’ just as men do, they do ghusl as men do, they pray as men do, and they fast as men do, except when they are menstruating or bleeding following childbirth. Women pay zakaah as men pay zakaah, and they do Hajj as men do, except for a few differences in the rulings. It is permissible and acceptable to buy from a woman, and if a woman gives charity, that is permissible. It is permissible for a woman to set free the slaves that she owns, and there are many other similar cases because women are the twin halves of men, as it says in the hadeeth: It was narrated that ‘Aa’ishah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) was asked about a man who finds some wetness (on his clothes) but did not have an erotic dream, and he said, “He should do ghusl.” He was asked about a man who had an erotic dream but did not find any wetness, and he said, “He does not have to do ghusl.” Umm Salamah said, “O Messenger of Allaah, if a woman sees that, does she have to do ghusl?” He said, “Yes, for women are the twin halves of men.” (Narrated by al-Tirmidhi, 113; Ahmad, 25663. Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 98) Conclusion: Women are like men in some aspects and they differ from them in others. Most of the rulings of Islam apply to men and women equally. In cases where a distinction is made between the sexes, the Muslim regards that as a mercy from Allaah and a sign of His knowledge of His creation, but the arrogant kaafir sees it as oppression and injustice, so he stubbornly insists on claiming that men and women are the same. So let him tell us how a man can carry a 66
Basis for Jurisprudence and Islamic Rulings
foetus and breastfeed it? He stubbornly ignores the weakness of women and how they bleed during their monthly period, and he stubbornly beat his head against the rock of reality. But the Muslim is still at peace with his faith, surrendering to the command of Allaah. “Should not He Who has created know? And He is the Most Kind and Courteous (to His slaves), AllAware (of everything)” [al-Mulk 67:14 – interpretation of the meaning] And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 13932: The wisdom behind facing the Ka’bah Question: I hope u can help me. I became a muslim a couple of years ago. My family are finding it hard to accept my ibada. But recently i have made a fuss about my salat and insisted i must pray. Alhamdulilah they have accepted it after seeing i became upset and depressed at living in a house where i was not allowed to practise my basic pillars of islam. They are ask me questions (Alhamdulilah), of which one of them is “why do we face the kaba if we r not worshipping it as we prostrate towards it?”. I tried to explain that it is not the kaba but Allah to whom we prostrate and the kaba is for reasons of unity and that because it was the first house of Allah. I would be grateful if you could help me by explaining this further so i can understand it myself and explain this to my family and 67
Basis for Jurisprudence and Islamic Rulings
other kuffar. And also please can you make dua that they are guided on the right path Answer: Praise be to Allaah. Praise be to Allaah Who has guided you to Islam; we ask Him to make you steadfast in it until you meet Him, for He is all Hearing, Ever Responsive. Praise be to Allaah Who has made you keen to pray and to practise your religion openly. We ask Allaah to guide your family and to grant you the joy of seeing them become Muslim… Ameen. With regard to our facing the Ka’bah, you should note, may Allaah bless you, that in this universe there is none other than Creator and created, worshippers and the One Who is worshipped. The Creator and the One Who is rightfully worshipped is Allaah alone; everything other than Him is created and worships Him either willingly and by choice – which is the case with the believers – or by force, which is the case of the kaafirs and sinners, whose submission to Allaah consists of their being subjugated to His control, for they do not have to power to either benefit or harm themselves. Allaah is the One Who has given them life, and when He wills He will cause them to die. If Allaah wills, He can make them sick, and if He wills He can heal them. He can make them rich whenever He wants and make them poor whenever He wants. Glory and praise be to Him, there is no Lord besides Him and none worthy of worship except Him. With regard to his believing slaves, they are tried and tested in this brief, transient world. If they succeed in remaining steadfast in worshipping their Lord and attaining the highest degree of submission to Him, He will compensate them for that, by His kindness and grace, 68
Basis for Jurisprudence and Islamic Rulings
with Paradise in which there is that which no eye has seen, no ear has heard, and it has not entered the heart of man. Among these tests is the fact that Allaah commands them to do some things for which their minds cannot comprehend the wisdom behind them, they can only submit and obey. This is in order to distinguish those who are sincere in their claims to be believers from those who are insincere. For Allaah is the Creator of reason, and He is the One Who issues the command, so whoever responds and submits, and says, “I hear and obey, even though I do not understand the reason, because I admit my mortality, my weakness and my submission to Allaah, for Allaah cannot be questioned as to what He does” – such a one is a believer who, it is hoped, will prosper and succeed in this world and in the Hereafter. This is how the Companions of the Prophet (peace and blessings of Allaah be upon him) were, as al-Bukhaari (1597) and Muslim (1270) narrated in their Saheehs that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) said of the Black Stone when he kissed it: “By Allaah, I know that you are only a stone and you can neither bring benefit nor cause harm. Were it not that I had seen the Messenger of Allaah kissing you I would not have kissed you.” So when we Muslims pray facing the direction of the Ka’bah, we do so because Allaah has commanded us to do that. If he had commanded us to pray facing in any other direction, we would have had to do that. The same applies to many other acts of worship, We pray Zuhr with four rak’ahs and Maghrib with three and Fajr with two, because Allaah has commanded us to do so. We perform Tawaaf seven times around the Ka’bah, and we stone the Jamaraat seven times, and we do not do more than that under any circumstances. All of that is because that is what Allaah has commanded us to do. 69
Basis for Jurisprudence and Islamic Rulings
So whoever bears this thought in mind whilst doing these acts of worship will undoubtedly increase in submission to Allaah; this will increase his faith and bring him closer to his Lord. Thus he will find great joy and immense happiness and deep contentment in his heart, which will make him long for worship and love it, because when he does acts of worship he will feel that he is doing them for Allaah, and were it not for Allaah, he would not do them. So every act of worship brings him closer to Allaah and increases him in faith until he meets Allaah and Allaah will honour him as He honours His righteous slaves. But for the one who is stubborn and arrogant, and says, “I will not do it until I understand”, this is like Iblees who rebelled against Allaah and said, as Allaah tells us in the Qur’aan (interpretation of the meaning): “Shall I prostrate myself to one whom You created from clay?” [al-Israa’ 17:61] This is sufficient to demonstrate the seriousness of arguing against the sharee’ah on the basis of reason. Rather Allaah has described one of the most unique characteristics of the pious believers as being belief in the Unseen. Allaah says (interpretation of the meaning): “This is the Book (the Qur’aan), whereof there is no doubt, a guidance to those who are Al-Muttaqoon [the pious believers of Islamic Monotheism who fear Allaah much (abstain from all kinds of sins and evil deeds which He has forbidden) and love Allaah much (perform all kinds of good deeds which He has ordained)]. Who believe in the Ghayb (the unseen) and perform AsSalaah (Iqaamat-as-Salaah), and spend out of what we have provided for them” [al-Baqarah 2:2-3] 70
Basis for Jurisprudence and Islamic Rulings
So the first characteristic by which the believers are distinguished from others is the fact that they believe in the unseen or that which they cannot grasp, whether that is in a literal, physical sense or in a metaphorical, intellectual sense. What we should point out here is that our prayer facing the direction of the Ka’bah has nothing to do with the structure of the Ka’bah, rather it has to do with its location. If it were to be destroyed, we would still pray in that direction, not to that structure. Hence we find that nowadays Muslims pray on the second storey and on the roof of the Grand Mosque in the Sanctuary of Makkah, facing the direction of the Ka’bah even though it is not directly in front of them. This is what millions of Muslims do throughout the world, praying in the direction of the Ka’bah even though they cannot see it. This demonstrates the great difference between the laws of Islam and the actions of the mushrikeen (polytheists) whose worship of their idols, stones and trees ceases when these objects cease to exist. Therefore if the mushrik cannot see his object of worship or idol, he does not face the direction of that thing. We ask Allaah to bestow upon us sincere faith, and to make us steadfast in it until we meet Him… Aameen. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 22239: Applying laws which are not mentioned in the Qur’aan or Sunnah Question: Does applying every law that is not mentioned in the Qur’aan or Sunnah constitute kufr? 71
Basis for Jurisprudence and Islamic Rulings
Answer: Praise be to Allaah. Shaykh al-Shanqeeti said: It should be noted that we must differentiate between manmade systems the implementation of which implies disbelief (kufr) in the Creator of the heavens and the earth, and systems which do not imply that. This may be explained by describing systems as being of two types, administrative and legislative. With regard to administrative systems which are aimed at organizing things and making them run smoothly in a manner that does not go against sharee’ah, there is nothing wrong with this and no one among the Sahaabah or those who came after them objected to it. ‘Umar (may Allaah be pleased with him) did many things of that nature that were not done at the time of the Messenger (peace and blessings of Allaah be upon him), such as writing down the names of the soldiers in a register to keep track of who was present and who was absent, even though the Prophet (peace and blessings of Allaah be upon him) did not do that and he had not known that Ka’b ibn Maalik was not present during the campaign of Tabook until after he had reached Tabook. Similarly, ‘Umar (may Allaah be pleased with him) bought the house of Safwaan ibn Umayyah in Makkah and turned it into a prison, even though neither the Prophet (peace and blessings of Allaah be upon him) nor Abu Bakr had established a prison. Such administrative matters which are intended to make things run smoothly and which do not go against sharee’ah – such as organizing employees’ affairs and organizing work matters in a manner that does not go against sharee’ah – is a kind of man-made system that is o.k. and does not go against the basic principles of sharee’ah which aims to take care of the public interest. 72
Basis for Jurisprudence and Islamic Rulings
But in the case of legislative systems which go against the laws of the Creator of the heavens and the earth, referring to them for judgement constitutes disbelief (kufr) in the Creator of the heavens and the earth, such as claiming that giving males precedence over females in matters of inheritance is not fair and that they should be given equal shares, or claiming that plural marriage is a form of oppression, or that divorce is unjust towards women, or that stoning and cutting off hands etc. are barbaric actions that cannot justifiably be done to anyone, and so on. So implementing this kind of system to govern people’s lives, wealth, honour, lineage, minds and religion constitutes disbelief in the Creator of the heavens and the earth, and rebellion against the divine system which was set up by the One Who created all of mankind and Who knows best what is in its interests. Glorified and exalted be He far above having any other legislator alongside Him. “Or have they partners with Allaah (false gods) who have instituted for them a religion which Allaah has not ordained? And had it not been for a decisive Word (gone forth already), the matter would have been judged between them. And verily, for the Zaalimoon (polytheists and wrongdoers) there is a painful torment” [al-Shooraa 42:21 – interpretation of the meaning] “Say (O Muhammad to these polytheists): ‘Tell me, what provision Allaah has sent down to you! And you have made of it lawful and unlawful.’ Say (O Muhammad): ‘Has Allaah permitted you (to do so), or do you invent a lie against Allaah?’” [Yoonus 10:59 – interpretation of the meaning] Adwaa’ al-Bayaan, 4/93. (www.islam-qa.com) 73
Basis for Jurisprudence and Islamic Rulings
22245: There is no secret knowledge in Islam that is only for the awliyaa’ (“saints”) Question: What is the ruling on one who claims that the rulings of the Qur’aan apply to the Prophets and the masses, and that esoteric, mystical knowledge (al-‘ilm al-laduni) which the awliyaa’ receive through mystic intuition is only for the awliyaa’? Answer: Praise be to Allaah. Al-Shanqeeti said: Al-Qurtubi (may Allaah have mercy on him) said: Our Shaykh, Abu’l-‘Abbaas, said: some heretics who followed batiniyyah (esoteric teachings) wanted to follow a path that did not enjoin these shar’i rulings. They said: these general shar’i rulings are obligatory upon the Prophets and the masses only. As for the awliyaa’ and the elite, they do not need those texts. Rather what is required of them is what they receive in their hearts through intuition and the thoughts that dominate their minds. They said: this is because their hearts are free of anything that may cause distraction and of thoughts of anything other than Allaah. In this manner divine knowledge becomes manifest to them, and they discover the secrets of creation and learn the rulings concerning minor issues, thus they are no longer subjected to the holistic shar’i rulings. This is what happened in the case of al-Khidr who, by means of the knowledge that was made manifest to him was rendered independent of the knowledge that Moosa had. 74
Basis for Jurisprudence and Islamic Rulings
One of the things that they narrated was the words: “Consult your heart, no matter how many people give you fatwas and advice.” Our shaykh (may Allaah be pleased with him) said: These are the words of heresy and kufr; the one who says them should be executed without being asked to repent, because he has denied that which is known from the sharee’ah. For Allaah has set up the system by His wisdom in such a way that His rulings can only be known through His Messengers who are ambassadors between Him and His creation. They are the only ones who convey His Message and His words from Him, explaining His laws and rulings, and He has chosen them for that purpose. Allaah says (interpretation of the meaning): “Allaah chooses Messengers from angels and from men. Verily, Allaah is AllHearer, AllSeer” [al-Hajj 22:75] “Allaah knows best with whom to place His Message”[alAn’aam 6:124] “Mankind were one community and Allaah sent Prophets with glad tidings and warnings”[al-Baqarah 2:213] and there are other similar aayahs. In conclusion, we know definitely and for certain, and the consensus of the earlier and later generations states likewise, that there is no way to learn the rulings of Allaah, which have to do with His commands and prohibitions, except through His Messengers. Whoever says that there is another way through which His commands and prohibitions may be known, independently of the Messengers, is a kaafir who should be executed without asking him to repent; there is no need to question him. 75
Basis for Jurisprudence and Islamic Rulings
For this is stating belief in Prophets after our Prophet (peace and blessings of Allaah be upon him), whom Allaah has made the Seal of the Prophets and Messengers, after whom there is no Prophet or Messenger. What that means is that whoever says that he has taken the ruling of Allaah from his heart or from what he received in his heart through intuition, and that he acts upon that and thus has no need of the Qur’aan or Sunnah, has claimed for himself the unique qualities of Prophethood, because this is like what the Prophet (peace and blessings of Allaah be upon him) said: “The Holy Spirit [i.e., Jibreel] told me in my heart…” (From Tafseer al-Qurtubi). What he quoted from his shaykh, that the heretic should not be asked to repent, is the view of Maalik and those who agreed with him. We have explained the views of the scholars and their evidence, and what is most correct according to the evidence, in our book Daf’ Ayhaam alIdtiraab ‘an Ayaat al-Kitaab, in the chapter on Soorat Aal ‘Imraan. Adwaa’ al-Bayaan, 4/174, 175. (www.islam-qa.com) 22289: Attitude towards al-Israa’eeliyyaat Question: What is our attitude towards al-Israa’eeliyyaat (reports from Jewish sources)? Answer: Praise be to Allaah. 76
Basis for Jurisprudence and Islamic Rulings
Shaykh al-Shanqeeti said: It is known that the reports from the Children of Israel [the Jews], which are known as al-Israa’eeliyyaat, may be of three kinds: 1 – those which we have to believe in, which are those which are shown by the Qur’aan or the sound Sunnah to be true. 2 – Those which we have to disbelieve in, which are those which are shown by the Qur’aan and Sunnah to be false. 3 – Those which we are permitted neither to believe nor disbelieve, which are those which are not proven in the Qur’aan or Sunnah to be either true or false. From this definition we know that with regard to the stories which contradict the Qur’aan and saheeh Sunnah, which are in circulation among them now, claiming that they are from the revealed scriptures, we must reject them because they go against the texts of the sound Revelation which has not been distorted or altered [i.e., the Qur’aan]. And Allaah knows best. Adwaa’ al-Bayaan, 4/203, 204. (www.islam-qa.com) 13189: How did Islamic fiqh develop? Question: how was the science of fiqh developed ? Answer: Praise be to Allaah.
77
Basis for Jurisprudence and Islamic Rulings
During the lifetime of the Prophet (peace and blessings of Allaah be upon him) the Muslims used to receive the rulings of Islam directly from him. The Qur’aan came down as a teacher, guide and mufti, as Allaah said (interpretation of the meaning): “They ask you for a legal verdict. Say: “Allaah directs (thus) about AlKalaalah (those who leave neither descendants nor ascendants as heirs)…” [al-Nisa’ 4:176] And it came to explain matters concerning which the Prophet (peace and blessings of Allaah be upon him) and his companions were uncertain, as in the story of the woman who asked the Prophet (peace and blessings of Allaah be upon him) about her husband’s divorcing her by zihaar (a jaahili form of divorce in which the husband says to his wife, “You are to me as my mother’s back”), as a result of which the first verses of Soorat al-Mujaadilah were revealed. The Prophet (peace and blessings of Allaah be upon him) used to send some of his companions to teach the new Muslims how to worship and to give them legal rulings (fatwa). The Prophet (peace and blessings of Allaah be upon him) used to allow them a certain amount of room in understanding the texts of sharee’ah, then he would approve of their interpretation or correct them. At the time of the Prophet (peace and blessings of Allaah be upon him) a number of the Sahaabah used to issue fatwas (legal rulings). Some of the scholars said that they numbered fourteen, but in fact there were more than that. The Prophet (peace and blessings of Allaah be upon him) was the imaam (leader) and teacher of mankind and at that time people spoke proper Arabic so whatever variations in interpretation there were, were few and minor. So the death of the Prophet (peace and blessings of Allaah be 78
Basis for Jurisprudence and Islamic Rulings
upon him) was counted as a great loss to the ummah, because they lost their leader, guide and perfect example. It was narrated that Anas ibn Maalik said: “After the death of the Messenger of Allaah (peace and blessings of Allaah be upon him), Abu Bakr said to ‘Umar, ‘Let us go to Umm Ayman and visit her as the Messenger of Allaah (peace and blessings of Allaah be upon him) used to do. When they came to her, she wept, and they said to her, ‘Why are you weeping? What is with Allaah is better for His Messenger (peace and blessings of Allaah be upon him).’ She said, ‘I am not weeping because I do not know that what is with Allaah is better for His Messenger (peace and blessings of Allaah be upon him); rather I am weeping because the revelation from heaven has come to an end.’ She moved them to tears and they started weeping with her.” (Narrated by Muslim, 2454). But the Prophet (peace and blessings of Allaah be upon him) did not die until after the religion had been completed. One of the characteristics of this religion, which was perfected during the time of the Prophet (peace and blessings of Allaah be upon him), was that it includes features which qualify it to remain and continue until the end of time. Therefore this religion and understanding of it remained after the death of the Prophet (peace and blessings of Allaah be upon him) and it will abide until the Day of Resurrection. After the death of the Prophet (peace and blessings of Allaah be upon him), the people followed his guidance and the guidance of the Rightly-Guided khaleefahs who followed him. Abu Bakr (may Allaah be pleased with him) used to judge amongst them and issue fatwas to them based on what he found in the Qur’aan and hadeeth. If he could not find an answer, he would go 79
Basis for Jurisprudence and Islamic Rulings
out and ask the Muslims, saying, “Such and such an issue has been referred to me, do you know whether the Messenger of Allaah (peace and blessings of Allaah be upon him) passed a judgement concerning such a matter?” Then perhaps a group of them would come to him, all of them saying that the Messenger of Allaah (peace and blessings of Allaah be upon him) had passed a judgement on it. Then Abu Bakr would say, “Praise be to Allaah Who has caused there to be among us those who memorized things from our Prophet.” And if he was unable to find any Sunnah narrated from the Messenger of Allaah (peace and blessings of Allaah be upon him), he would gather the leaders of the people and the best among them and if they agreed on something he would pass judgement according to that. ‘Umar (may Allaah be pleased with him) did the same after Abu Bakr had died. Then the Sahaabah (may Allaah be pleased with them) dispersed to different regions as teachers and mujaahideen, after the expansion of the Islamic territory. Each of them used to issue fatwas in accordance with what he knew of the Qur’aan and Sunnah, or the actions of Abu Bakr or ‘Umar, or the conclusions to which his own ijtihaad led him. The muftis among the Sahaabah numbered more than one hundred, and those who issued many fatwas numbered seven, as Ibn al-Qayyim says. They were: ‘Umar ibn al-Khattaab, ‘Ali ibn Abi Taalib, ‘Abd-Allaah ibn Mas’ood, ‘Aa’ishah Umm alMu’mineen, Zayd ibn Thaabit, ‘Abd-Allaah ibn ‘Abbaas and ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with them all). ‘Umar (may Allaah be pleased with him) and his son, and Zayd ibn Thaabit (may Allaah be pleased with them), were in Madeenah, and many students became scholars at their hands, such as Saalim ibn ‘Abd-Allaah ibn ‘Umar, 80
Basis for Jurisprudence and Islamic Rulings
Naafi’ and others. Their knowledge was passed to the seven fuqaha’ and ultimately to Imaam Maalik ibn Anas al-Asbahi. Ibn Mas’ood and then ‘Ali were in Kufa, and a number of the Taabi’een learned from them, such as ‘Ilqimah, alAswad, Masrooq, Shurayh al-Qaadi, Silah ibn Zafar and many others besides them, until that knowledge reached Imaam Abu Haneefah al-Nu’maan ibn Thaabit. Fiqh and knowledge spread throughout the ummah from the companions of Ibn Mas’ood, the companions of Zayd ibn Thaabit, the companions of ‘Abd-Allaah ibn ‘Umar, and the companions of ‘Abd-Allaah ibn ‘Abbaas. That happened in Kufa, Madeenah and Makkah, respectively. These Taabi’een used to issue fatwas when the greatest Sahaabah were present, and they granted them permission to do that. For example, Ibn ‘Umar used to say of Sa’eed ibn alMusayyib: he is one of the muftis or one of those to be followed. And he said of him: if the Prophet (peace and blessings of Allaah be upon him) had seen him, he would have been happy with him. Via these people, knowledge spread far and wide. Then the ahaadeeth were compiled in books and the numbers of students increased who occupied themselves with memorizing them and writing them down; then knowledge spread throughout the earth. Most of the people were religiously-committed and aware, and this prevented anyone from speaking without knowledge or claiming to be a scholar when he was not qualified to describe himself as such. Then differences because widespread and people became involved in the field of knowledge who would have been better off refraining 81
Basis for Jurisprudence and Islamic Rulings
from it. But by the wisdom of Allaah the religion was regulated and preserved by imams whom the ummah agreed that they were leaders and knowledgeable and that they had reached the utmost degree of knowledge of rulings and fatwas. Allaah caused them to become well known and their virtue spread throughout the world. Students flocked to them to learn and study, and their views were compiled in books. The opinions of the Sunni schools of thought which followed the truth of the Qur’aan and Sunnah and which rejected innovations in religion (bid’ah), according to what was transmitted by the students of the great imams, were recorded according to what was transmitted by the students of these great scholars, so the views of each imaam became a madhhab that is followed. The most famous of these madhhabs nowadays are just four: the Hanafi, Maaliki, Shaafa’i and Hanbali madhhabs. The followers of these madhhabs are agreed on most matters and on the most important issues of religion, and the differences in understanding and in the evidence that reached them have to do with minor issues. All of them are following something good, may Allaah have mercy on them. Then each of these madhhabs developed in ways which it would take too long to explain here, until things became as they are nowadays, where each madhhab has books containing its issues and methods of deriving rulings and interpreting evidence. And among the imams there are, praise be to Allaah, mujtahids who can produce rulings on contemporary events and issues by means of the understanding that Allaah has bestowed upon them, using ijtihaad, qiyaas (analogy), the principles of the objectives of sharee’ah, the sayings of previous scholars, and the principles of usool al-fiqh. Thus fiqh continued to be a rich discipline, comprehending all the issues of life which the Muslims need to know about.
82
Basis for Jurisprudence and Islamic Rulings
At all times there is someone who is showing the correct way, based on evidence, who recognizes the truth concerning a certain issue and he knows how to reach the correct conclusion. The scholars could not agree on something that is incorrect, hence the ummah cannot all follow falsehood. We ask Allaah to cause us to understand His religion and to bless us with knowledge and righteous deeds. And Allaah knows best. For more information see: Al-Fikr al-Saami fi Taareekh al-Fiqh al-Islaami and Taareekh al-Fiqh al-Islami by ‘Umar ibn Sulaymaan alAshqar. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 14076: Is it permissible to give a fatwa based on taqleed Question: Is it permissible to give a fatwa based on taqleed? Answer: Praise be to Allaah. There are various opinions on this matter. Ibn al-Qayyim said: The first view is that it is not permissible to give a fatwa 83
Basis for Jurisprudence and Islamic Rulings
based on taqleed [Translator’s note: Taqleed [lit. imitation] means repeating the views of scholars to others without knowing the details or basis of their fatwas] , because that is not knowledge, and giving a fatwa without knowledge is haraam. There is no dispute among people that taqleed is not the same as knowledge and that the muqallid (the one who imitates or repeats the views of others) cannot be given the name of ‘aalim (scholar). This is the view of most of our companions and the view of the majority of Shaafa’is. The second view is that it is permissible with regard to himself; he may follow the view of one of the scholars if the fatwa is with regard to himself only. But it is not permissible for him to repeat the views of a scholar in giving a fatwa to someone else. This is the view of Ibn Battah and others among our companions. Al-Qaadi said: Ibn Battah mentioned in his letters to al-Barmaki: it is not permitted for a person to issue a fatwa based on what he had heard from a scholar who issued a fatwa. Rather it is permissible for him to follow that scholar’s view with regard to himself, but repeating his views and issuing a fatwa to someone else, this is not permitted. The third view is that this is permitted when necessary and when there is no scholar who is qualified to make ijtihaad. This is the most correct view and this is our guideline. Al-Qaadi said: Abu Hafs said in his comments: I heard Abu ‘Ali al-Hasan ibn ‘Abd-Allaah al-Najjaad say: I heard Abu’l-Husayn ibn Bashraan say: what I may criticize a man for is learning five issues of fiqh from Ahmad then sitting by a pillar in the mosque [i.e., setting himself up as a scholar] and issuing fatwas based on that. I’laam al-Muwaqqi’een, 1/37, 38 (www.islam-qa.com)
84
Basis for Jurisprudence and Islamic Rulings
21133: Ruling on things that were done at the time of the Prophet (peace and blessings of Allaah be upon him) which he did not know about Question: What is the ruling on things that were done at the time of the Prophet (peace and blessings of Allaah be upon him) which he did not know about? Answer: Praise be to Allaah. Perhaps minor issues which happened but he did not know about them are not included in that. But with regard to things which were widespread and well known, the basic principle is the hadeeth of Jaabir: “We used to practice coitus interruptus (‘azl) at the time when the Qur’aan was being revealed.” From Fataawa Samaahat al-Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) (www.islamqa.com) 12390: Judging by that which Allaah has revealed Question: Can one who judges by something other than that which Allaah has revealed be regarded as just, if he does not wrong people? Answer: Praise be to Allaah. 85
Basis for Jurisprudence and Islamic Rulings
The Muslim ummah is one nation, with one ‘aqeedah (belief) and one sharee’ah (law). Because every flock needs a shepherd and every nation needs a leader to guide them to goodness and ward off evil from them, Islam enjoins the appointment of a ruler over the ummah, who is to be elected by the Muslims, to rule them according to the Book of Allaah and the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him). Allaah sent His Messenger of establish the laws of Allaah and to judge with truth and justice, as Allaah says (interpretation of the meaning): “O Dawood (David)! Verily, We have placed you as a successor on the earth; so judge you between men in truth (and justice) and follow not your desire for it will mislead you from the path of Allaah. Verily, those who wander astray from the path of Allaah (shall) have a severe torment, because they forgot the Day of Reckoning" [Saad 38:26] The mission of the ruler is to rule the Muslims according to the Qur’aan and Sunnah, to spread justice among the entire ummah, to carry out the hudood punishments, to spread Islam, to protect the ummah and to engage in jihaad for the sake of Allaah. Allaah says (interpretation of the meaning): “Verily, Allaah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice. Verily, how excellent is the teaching which He (Allaah) gives you!”[al-Nisaa’ 4:58] Justice is one of the most important principles of Islam, which applies both to Muslims and others:
86
Basis for Jurisprudence and Islamic Rulings
“and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety” [al-Maa’idah 5:8 – interpretation of the meaning] The ruler of the Muslims is responsible for his flock. He has to rule them in accordance with the laws of Allaah, check on their situation, and lead them to that which will bring them happiness in this world and in the Hereafter. The Prophet (peace and blessings of Allaah be upon him) said: “Each of you is a shepherd and is responsible for his flock. The ruler who is (appointed) over the people is a shepherd and is responsible for his flock…” (Narrated by Muslim, no. 1829) Allaah created mankind, sent down revelation to them, and sent the Messengers to them to judge them by that which Allaah has revealed. Whoever does not judge by that which Allaah has revealed is a kaafir, as Allaah says (interpretation of the meaning): “And whosoever does not judge by what Allaah has revealed, such are the Kaafiroon (i.e. disbelievers — of a lesser degree as they do not act on Allaah’s Law)”[alMaa’idah 5:44] If the ruler judges according to the Book of Allaah and the Sunnah of His Messenger (peace and blessings of Allaah be upon him), it becomes obligatory to obey him and haraam to go against him or to rebel against him. Allaah says (interpretation of the meaning): “O you who believe! Obey Allaah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you
87
Basis for Jurisprudence and Islamic Rulings
believe in Allaah and in the Last Day. That is better and more suitable for final determination” [al-Nisaa’ 4:59] If the ruler judges by something other than that which Allaah has revealed, or he enjoins disobedience to Allaah, then we should not hear and obey. The Prophet (peace and blessings of Allaah be upon him) said: “The Muslim is obliged to hear and obey whether he likes it or dislikes it, unless he is commanded to disobey (Allaah), in which case he should not hear and obey.” (Narrated by Muslim, 1839) The ruler is entrusted with the affairs of the ummah; he must rule them according to the laws of Allaah, and be kind and sincere towards them. If he does not do that, then he must be advised. If he does not respond (to that advice), the Muslims should choose another ruler from among those who are both pious and strong. The just Muslim ruler will have great virtue and an honourable status on the Day of Resurrection. The Prophet (peace and blessings of Allaah be upon him) said: “The just will be with Allaah on thrones of light on the right hand of the Most Merciful, and both His hands are right hands – those who are just in their rulings and are fair with their families and those of whom they are in charge.”(Narrated by Muslim, 1827) If the ruler oppresses or cheats his flock and is not sincere towards them, Allaah will deprive him of Paradise. The Prophet (peace and blessings of Allaah be upon him) said: “There is no person whom Allaah has placed in charge of others, who dies whilst he is insincere towards his people, 88
Basis for Jurisprudence and Islamic Rulings
but Allaah will forbid him Paradise.”(Narrated by Muslim, 142) And he (peace and blessings of Allaah be upon him) said: “There is no Muslim ruler who is put in charge of the Muslims’ affairs then he does not strive on their behalf or act sincerely towards them, but he will not enter Paradise with them.” (Narrated by Muslim, Kitaab al-Imaarah, 22). Islam is the way for all of the ummah, so all of the individual members are equal in that they should – indeed must – follow its guidance, act in accordance with its teachings, calling call others to Islam and strive in jihaad for the sake of Islam. Allaah warns everyone who fights against the religion of Allaah or fights those who speak the word of truth in the houses of Allaah, that He will put them to shame in this world and punish them in the Hereafter. Allaah says (interpretation of the meaning): “And who are more unjust than those who forbid that Allaah’s Name be glorified and mentioned much (i.e. prayers and invocations) in Allaah’s mosques and strive for their ruin? It was not fitting that such should themselves enter them (Allaah’s mosques) except in fear. For them there is disgrace in this world, and they will have a great torment in the Hereafter[al-Baqarah 2:114] Everyone who entices the Muslims away from their religion, persecutes them or humiliates them will be in Hell if he dies without having repented. Allaah says (interpretation of the meaning): “Verily, those who put into trial the believing men and believing women (by torturing them and burning them), and then do not turn in repentance (to Allaah), then they 89
Basis for Jurisprudence and Islamic Rulings
will have the torment of Hell, and they will have the punishment of the burning Fire” [al-Burooj 85:10] Openly proclaiming the word of truth is an obligation upon every Muslim at every time and in every place. Allaah commanded His Messenger to proclaim the truth, and He guaranteed to protect him from his enemies. Allaah said (interpretation of the meaning): “Therefore proclaim openly (Allaah’s Message Islamic Monotheism) that which you are commanded, and turn away from AlMushrikoon (polytheists, idolaters, and disbelievers). Truly, We will suffice you against the scoffers” [al-Hijr 15:94-95] The greatest jihaad is to speak the truth before an unjust ruler. In both the general and the specific sense, the judge will be rewarded, if he is knowledgeable and is able to make ijtihaad. If he passes a judgement and makes the right decision, he will have two rewards, one for his ijtihaad and one for being right. If he passes a judgement and makes a mistake, he will have one reward, that for his ijtihaad. The Prophet (peace and blessings of Allaah be upon him) said: “If the judge passes a judgement and makes ijtihaad and is right, he will have two rewards. If he passes a judgement and makes ijtihaad, and makes a mistake, he will have one reward.” (Narrated by Muslim, 1716) From Usool al-Deen al-Islami by Shaykh Muhammad ibn Ibraaheem al-Tuwayjri (www.islam-qa.com) 90
Basis for Jurisprudence and Islamic Rulings
9516: Should the easier fatwa be followed? Question: I know that the normal people are to ask people of knowledge about issues that they do not know and that we are to follow the opinion of someone we trust. However, how do we select between fatawaas of two or three different ‘aalims each of whom we trust and who are known for their knowledge and piety and the ‘aalims themselves respect each other. So if we select the easier one of the fataawas, are we liable ? Please clarify this important issue. Answer: Praise be to Allaah. It is not permissible for you to follow the easier fatwa, rather you have to fear Allaah and not follow your own desires. You should be determined to follow the truth even though it may be bitter to you. With regard to muftis (scholars who issue fatwas), you must look at two important matters 1) Their taqwa (piety), awareness of Allaah and righteousness Their knowledge . These two matters are essential to the mufti. They are like the wings of a bird; one is no use without the other. If you see visible signs of righteousness in the mufti, and you can see enough of his awareness of Allaah and piety to make you feel reassured that whims and desires will not lead him to speak about Allaah without knowledge or contrary to the evidence (daleel), then this takes care of the first matter. If we add to that what you can see of his 91
Basis for Jurisprudence and Islamic Rulings
knowledge of the shar’i evidence and his understanding, this will make you feel confident about his fatwas. If you find another who is like him or is close to him in knowledge and taqwa, but he gives a different fatwa, then you have to look for something that will make you feel that the truth is with one of them, such as when one of them mentions and refutes the evidence of the other. A mufti is like a doctor. Do you not see that some doctors are more knowledgeable than others? Don’t you feel more comfortable with one than another, because you see that he is more concerned with diagnosing your sickness properly, so he listens to your complaints carefully and asks lots of questions related to your sickness. Whilst you may see another doctor who is in such a hurry to take a decision that this makes you complain about him, and he may give you medicine that has nothing to do with your sickness. Just as you try hard to choose the right doctor to treat your body, so you must also try hard to find the right mufti, who is the one who you think will help you to keep your religious commitment sound, even if it is bitter to you. Shaykh Sa’d al-Humayd (www.islam-qa.com) 10645: Is it permissible for a Muslim to choose the easiest scholarly opinion? Question: When there is an issue of ikhtilaaf or a difference of an opinion on a matter,I hear alot of people say things like,well, it’s a difference of opinion so I am going to do what is easiest for me to do. Is this the correct understanding to get, if not how should one go about choosing an opinion to follow? 92
Basis for Jurisprudence and Islamic Rulings
Answer: Praise be to Allaah. It is not right for a Muslim to choose the easiest opinion, because in this way he will get out of the obligations of sharee’ah, or most of them, because in most matters – apart from the basic principles of Islam – there are differences of opinion. In the past, they used to say that the one who follows the rukhsah (dispensation, easy option) has become a heretic. It is obligatory to choose the scholarly opinion which is most correct according to the daleel (evidence), if one is qualified to examine and weigh up the matter. If a person is not qualified, then he has to follow the scholar who he thinks is most trustworthy in terms of knowledge, commitment to Islam and taqwa. ‘Abd al-Kareem al-Khudayr (www.islam-qa.com) 8294: Differences among the fuqahaa’ Question: What is the meaning of the expression, “This is a controversial matter, this is a matter concerning which the fuqahaa’ differed”? What is the correct attitude towards this? Answer: Praise be to Allaah. Undoubtedly there are matters concerning which there are differences among the scholars, matters which are subject to ijtihaad. What the scholars have said, in the past and in modern times, about controversial matters and 93
Basis for Jurisprudence and Islamic Rulings
ijtihaad is well known, but nowadays it is stirred up in a manner that takes it beyond the framework of research into controversial matters which are the subject of ijtihaad. · In most cases, controversy is stirred up in matters which are regarded as social or academic issues. The purpose is not mere differences of fiqhi opinion. Many westernizers, for example, stir up issues that have to do with women, concerning which scholarly differences have been reported. The motive for doing this is far removed from mere differences of fiqhi opinion. It is an excuse for westernization that will soon go beyond the disputed issue to affect matters which are indisputably haraam. · These issues are stirred up by people who are not scholars or fuqahaa’, who do not have a proper understanding of research into matters of sharee’ah. They only adopt the views of fuqahaa’ which happen to suit their own whims and desires. · In most cases they take things out of context, and the fiqhi dispute is taken as an excuse and is applied to a wider range. The following has to be said about this matter: - that there is a difference between matters of controversy and matters which are subject to ijtihaad. Not every issue concerning which there are reports of differences among the scholars can be counted as a matter in which no views may be denounced [i.e., all are acceptable]. That applies only to matters of ijtihaad. Ibn al-Qayyim (may Allaah have mercy on him) said: “Their view that in matters of dispute no views may be denounced is not correct. The denunciation is directed either at the opinion and fatwa, or at the action. In the first case, if the opinion goes against Sunnah or a well-known ijmaa’ (consensus), it must be denounced unanimously. This confusion arises when the 94
Basis for Jurisprudence and Islamic Rulings
one who says it believes that controversial matters are matters which are subject to ijtihaad, as is believed by groups of people who do not have deep knowledge. The correct view is that of the imaams, which is that there is room for ijtihaad in cases where there is no clear evidence which we should follow, such as a saheeh hadeeth which does not conflict with other evidence of the same calibre . There are many ssues concerning which the earlier and later generations differed, but in many cases we have reached a point of certainty as to which of the two views is correct.” (I’laam al-Muwaqqi’een, vol. 3/288). - The reference point in all cases must be the texts of the Qur’aan and Sunnah. When there is saheeh evidence it must be referred to and followed; it is not right to follow the opposite view with the excuse that there are differences of opinion on the matter. If the saheeh Sunnah which has been reported via a sound chain from the Prophet (peace and blessings of Allaah be upon him) is rejected because there is someone who says something different concerning this matter, this implies that a person thinks that the words and commands of the Prophet (peace and blessings of Allaah be upon him) do not carry any weight unless people unanimously agree with it, and the fact that someone disagrees with it, no matter who he is, is taken as a reason to take away this authority [of the Sunnah] and leave the matter wide open (to dispute). This is a dangerous path, and the one who follows it needs to review his faith. - It is essential to pay attention to teaching people to submit to Allaah and to respect the texts of sharee’ah, and to take their religion seriously, and to avoid easy options and the mistakes made by the scholars. - Beware of entering into debates of fiqh with such people on such topics. This is what they want. It is possible and 95
Basis for Jurisprudence and Islamic Rulings
is acceptable for a man to look into a matter and discuss it with knowledgeable people who understand the specialized terminology of fiqh, and who sincerely desire the truth and are striving for it. But those who stir up these issues do not have a good understanding of the terminology of fiqh or of the objectives of sharee’ah; they are simply interfering with something which they are not qualified to handle, and their desires have led them to indulge in discussing matters of religion. By Muhammad ibn ‘Abd-Allaah al-Duwaysh ,Al-Bayaan magazine, issue #153, p. 28 (www.islam-qa.com) 10521: Claim that the Sunnah cannot be trusted Question: Some people reject the Sunnah on the basis that there are many weak and fabricated ahaadeeth and that the fabrications of many liars weaken the Sunnah and make it such that it cannot be trusted. What is your opinion about this claim? Answer: Praise be to Allaah. This is the view of some heretics and misguided people, both in the past and nowadays. In modern times, those who expressed this view include Saalih Abu Bakr in his book al-Adwaa’ al-Qur’aaniyyah; Husayn Ahmad Ameen in Daleel al-Muslim al-Hazeen; Ahmad Ameen in Fajr al-Islam; ‘Abd-Allaah al-Na’eem in Nahwa Tatweer alTashree’ al-Islaami; Sa’eed al-‘Ashmaawi in Haqqeeqat al-Hijaab; Saalih al-Wardaani in his misleading book Rihlati min al-Sunnah ila al-Shee’ah; ‘Abd al-Jawaad Yaaseen in al-Sultah fi’l-Islam; Nasr Abu Zayd in Imaam 96
Basis for Jurisprudence and Islamic Rulings
al-Shaafa’i; Zakariya ‘Abbaas Dawood in Ta’ammulaat fi’l-Hadeeth; Hawlat Nahr in Diraasaat Muhammadiyyah; Maurice Bucaille in Diraasat al-Kutub al-Muqaddisah; Murtada al-‘Askar in Khamsoon wa Mi’ah Sahaabi Mukhtalaq; Dr. Mustafa Mahmood in Maqaalaat ‘an alShafaa’ah. We say: it is true that there were fabricators and liars who made up words and attributed them to the Messenger of Allaah (peace and blessings of Allaah be upon him), but the matter is not quite so simple as imagined by those doubters who also spread doubts among others. They are unaware of the facts about how the Muslims took care of the Sunnah. Alongside the fabricators, there were great numbers of narrators who were trustworthy and highly skilled, and a large number of scholars who surrounded the hadeeths of the Messenger of Allaah (peace and blessings of Allaah be upon him) with a strong barrier which was difficult for the liars to penetrate. By means of their vast knowledge and deep insight, these muhaddithoon (scholars of hadeeth) were able to spot the liars and understand their intentions and motives, and they were able to detect everything that was falsely attributed to the Messenger of Allaah (peace and blessings of Allaah be upon him). These fabricators were not given free rein to do as they wished with the ahaadeeth of the Prophet (peace and blessings of Allaah be upon him), and they were given no room to penetrate the ranks of trustworthy narrators of ahaadeeth without being detected. Who else exposed the lies of these kaafirs, heretics and extreme innovators? Who were the ones who gave us the definition of what is fabricated, the reasons for fabrication, different types of fabrications and the signs by which a fabricated report may be recognized? Who wrote so many books on this issue? 97
Basis for Jurisprudence and Islamic Rulings
They are the guardians of Islam, the vicegerents and troops of Allaah on His earth. They are the brilliant scholars of whom Haaroon al-Rasheed spoke when he arrested a heretic and ordered that he be executed. The heretic said, “Why are you executing me?” Haaroon al-Rasheed said, “To rid the people of you.” The heretic said: “O Ameer al-Mu’mineen, what will you do about the thousand ahaadeeth – according to one report, four thousand ahaadeeth – which I have fabricated and spread among you, in which I made what is halaal haraam and what is haraam halaal, of which the Prophet uttered not one letter?” Haaroon al-Rasheed said to him: “What will you do, O enemy of Allaah, about Abu Ishaaq al-Fazaari and ‘Abd-Allaah ibn al-Mubaarak? They will go through them and sift them letter by letter.” (Tadhkirat al-Huffaaz by al-Dhahabi, 1/273; Taareekh alKhulafaa’ by al-Suyooti, p. 174). Professor Muhammad Asad said: “The existence of fabricated ahaadeeth cannot be taken to prove that the entire system of hadeeth is not to be trusted, because these fabricated ahaadeeth never deceived the muhadditheen as some European critics claimed, oversimplifying the matter, and as was echoed by some who claim to be Muslims.” (al-Islam ‘ala Muftaraq al-Tareeq, p. 96) We will end this discussion by quoting what was said by Imaam Ibn al-Qayyim al-Jawziyyah: Imaam Abu’lMuzaffar al-Sam’aani said: “If they say: there are too many reports in the hands of the people and they have become confused, we say: no one is confused except those who are ignorant. Those who have knowledge of them (the reports) check them as stringently as those who deal with money check dirhams and dinars. So they single out (and discard) the false reports and keep the good reports. 98
Basis for Jurisprudence and Islamic Rulings
If there happens to be a narrator who made a mistake, this will not go unnoticed by the brilliant scholars of hadeeth. These scholars listed the mistakes made in both the isnaad (chain of narrators) and matn (texts) of reports; so you can see that for each narrator they made a list of the mistakes that he had made and the letters that he had mispronounced. If the mistakes of the narrators – in both the isnaad and the matn – did not go unchecked, then how could the fabricated ahaadeeth manufactured by the heretics have slipped past those brilliant scholars? How could people have narrated ahaadeeth from heretics without the scholars noticing? That is the view of some heretics, but no one would say such a thing except one who is ignorant, misguided, an innovator and a liar who wants to undermine the saheeh ahaadeeth and true reports of the Prophet (peace and blessings of Allaah be upon him) and confuse ignorant people by means of this lie. There is no evidence for rejecting the reports of the Messenger of Allaah (peace and blessings of Allaah be upon him) that is weaker or more impossible than this. The one who voices this view deserves to be silenced and expelled from the Muslim lands. Mukhtasar alSawaaiq al-Mursalah, 2/561 ,Al-Bayaan magazine, issue #153, p. 26 (www.islam-qa.com) 10845: Should we adopt a gradual approach when applying the rulings (of sharee’ah)? Question:
What is the difference between the gradual approach in the forbidding of alcohol, and the command of jihaad, whereby we are required to abide by the final ruling on alcohol (i.e., total prohibition) but are told to do of jihaad only as much as we are able? 99
Basis for Jurisprudence and Islamic Rulings
Answer: Praise be to Allaah. After the religion was perfected and the rulings of sharee’ah took their final shape by the time the Prophet (peace and blessings of Allaah be upon him) died, the rulings of Islam are to accepted in their entirety and it is not permissible to take a gradual approach in applying the rulings – unlike the case at the beginning of Islam. In the case of alcohol, for example, every Muslim is obliged to believe that it is haraam to drink it. Whoever believes otherwise – when he is aware of the prohibition – is a murtadd (apostate), because he is denying something which is well known to be forbidden in Islam, from the evidence of sharee’ah, and by scholarly consensus. With regard to the commandments of sharee’ah, the extent to which one is obliged to do them is connected to the extent of one’s ability to do them. One is not obliged to do that which one is not able to do or that which will cause one undue difficulty or harm. Everyone will be held accountable according to his own circumstances. Whether or not jihaad is obligatory on an individual or on the ummah as a whole depends on the situation. We cannot say that this is the matter of a gradual approach in legislation (sharee’ah). Allaah says (interpretation of the meaning): “So keep your duty to Allaah and fear Him as much as you can” [al-Taghaabun 64:16] And it was reported that the Prophet (peace and blessings of Allaah be upon him) said: “Whatever I have commanded you to do, do as much of it as you can, and whatever I have forbidden you, avoid it.” Fataawaa alLajnah al-Daa’imah, 12/238-239 (www.islam-qa.com)
100
Basis for Jurisprudence and Islamic Rulings
2071: When can a young man make ijtihaad and issue fatwas? Question: When can a young man make ijtihaad and issue fatwas? Some of the young people, when they become religious, indulge in examining and discussing the evidence (daleel) and speak about the rulings on events and issues that happen, in terms of what is halaal and what is haraam. They give their opinions on the rulings of fiqh on some new matters that have arisen in modern times. Answer: Praise be to Allaah. There are conditions attached to making ijtihaad. Not every individual has the right to issue fatwas and make pronouncements on matters, unless he has knowledge and is qualified. He has to be able to know the daleel; the wording and apparent meaning of the texts; what is saheeh (sound) and what is da’eef (weak); al-naasikh wa’lmansookh (what abrogates what); wording and interpretation of texts; what is specific in application and what is general; what is stated in brief and what is mentioned in detail. This needs lengthy experience and practice, knowledge of the various branches of fiqh and where to look for information; knowledge of the opinions of the ‘ulamaa’ and fuqahaa’, and memorization or knowledge of the texts. Undoubtedly issuing fatwas without being qualified to do so is a grave sin, and means that one is speaking without knowledge. Allaah has warned us against that, when He said (interpretation of the meaning):
101
Basis for Jurisprudence and Islamic Rulings
“And say not concerning that which your tongues put forth falsely: “This is lawful and this is forbidden,” so as to invent lies against Allaah. Verily, those who invent lies against Allaah will never prosper.” [al-Nahl 16:116]. In a hadeeth: “Whoever was given a fatwaa with no proof, his sin will go back on the one who gave him the fatwaa.” (Saheeh; narrated by Imaam Ahmad, 2/321). The seeker of knowledge should not hasten to issue fatwas or to speak on an issue until he has found the source and daleel for what he is saying, and who has spoken about it previously. If he is not qualified to deal with the matter, he should pass it on to someone who is better able to deal with it, and he should limit himself to that which he knows, and continue learning and studying until he is qualified to make ijtihaad. And Allaah is the Guide to the Straight Path. Al-Lu’lu’ al-Makeen min Fataawaa al-Shaykh ibn Jibreen (www.islam-qa.com) 6586: Will a person who neglects the Sunnah be punished? Question: Alhamdulillah, All praise is due to Allah (swt), we ask his for His guidance and we seek refuge from the evil within ourselves. As Allah (swt) said “ Fas aluu ahla thekre in kuntum laa ta’lamuun”. So my Question is: 1. Will Allah (swt) Punish Us if we leave the Sunnah of the Prophet (sallahu alaihi was salam)? Note: Any kind of Sunnah whether it’s shaving men’s beard or not praying 2 raka’a befor fajar. Please repl to me soon. 102
Basis for Jurisprudence and Islamic Rulings
Jazaka’allahu Khairan Answer: Praise be to Allaah. The word “Sunnah” has two meanings: · the path of guidance, which is the meaning in many ahaadeeth, such as the words of the Prophet (peace and blessings of Allaah be upon him): “Whoever turns away from my Sunnah has nothing to do with me.” · What the scholars of usool and fiqh call “mustahabb (encouraged)”, which are deeds for which the one who does them will be rewarded, but the one who does not do them will not deserve to be punished for that. Examples include al-Sunan al-Rawaatib (Sunnah prayers which the Prophet (peace and blessings of Allaah be upon him) did regularly), Salaat al-Duhaa and so on. Therefore, a person will not be punished for not doing things which are Sunnah in the second sense. With regard to the first definition, this is not the case, for these are divided into things which are obligatory (waajib) and things which are supererogatory (naafil). Sunnat al-Fajr and al-Witr are Sunnah Mu’akkadah, prayer which the Prophet (peace and blessings of Allaah be upon him) never omitted to do, whether he was travelling or not. Letting the beard grow is an obligation (waajib); it does not come under the category of Sunnah as defined by the fuqahaa’. Whoever shaves his beard is imitating the Majoos (Zoroastrians), going against the Fitrah (natural disposition of man), and changing the creation of Allaah. The one who neglects an act that is an obligatory Sunnah 103
Basis for Jurisprudence and Islamic Rulings
will be punished; the one who neglects a mustahabb Sunnah will not be punished, but he is missing out on a great reward and the chance to make up any shortfall in his obligations (waajibaat), because on the Day of Resurrection, any shortfall in his obligations will be made up from his Sunnah actions, if he has any to his credit. Doing Sunnah actions is also a means of maintaining the practice of waajib actions. The scholars also use the word “Sunnah” in contrast to bid’ah (reprehensible innovation) and say “Ahl alSunnah” (the people or followers of Sunnah) to distinguish them from the followers of misguided kaafir sects such as the Jahamiyyah, or innovators who are not kaafirs, such as the Ash’aris and others. The Sunnah in this sense has to be followed. Following the way of Ahl al-Sunnah is obligatory, and whoever departs from their way is doomed. Imaam Maalik (may Allaah have mercy on him) said: the Sunnah is like the ship of Nooh: whoever boards it will be saved and whoever stays behind will be drowned. For more information, please see Question #1189; for the ruling on shaving the beard, please see Questions # 3440 and #604. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 3922: Who is to say what is halaal and haraam ? Question: Assalamu a’laikum How can we make things haraam or halaal (such as smoking or avoiding tax or insurance) 104
Basis for Jurisprudence and Islamic Rulings
when Allah (SWT) Himself is the only One to say what is halaal and what is not? Answer: Praise be to Allaah. Allaah, may He be exalted, says (interpretation of the meanings): “The command (or the judgement) is for none but Allaah. He has commanded that you worship none but Him…” [Yoosuf 12:40] “And say not concerning that which your tongues put forth falsely: ‘This is lawful and this is forbidden.,’ so as to invent lies against Allaah. Verily, those who invent lies against Allaah will never prosper.” [al-Nahl 16:116] “Say [O Muhammad, to the polytheists]: ‘Tell me, what provision Allaah has sent down to you! And you have made of it lawful and unlawful.’ Say [O Muhammad]: ‘Has Allaah permitted you (to do so) or do you invent a lie against Allaah?’” [Yoonus 10:59] It is only for Allaah to say what is halaal and what is haraam, because He is the Law-giver, and there is no lawgiver besides Him. When we say that a given thing is haraam, or halaal, we refer to the evidence in the Book of Allaah and the Sunnah of His Messenger (peace and blessings of Allaah be upon him). Whatever we find is prohibited therein, we take as haraam, and whatever we find is permitted, we take as halaal. We refer to the sayings of the Sahaabah (Companions of the Prophet (peace and blessings of Allaah be upon him) and the Taabi’een (the generation after the Sahaabah) – may Allaah be pleased with them – and the commentaries of the Salaf (first generations of Islam) on the texts of the Qur’aan and Sunnah, and we refer to the sayings and ijtihaad of the scholars. 105
Basis for Jurisprudence and Islamic Rulings
It is not permissible for us to allow or prohibit however we wish. When new issues come up, if we do not find a text in the Qur’aan or Sunnah, or in the sayings of the scholars of the salaf or the scholars of Ahl al-Sunnah wa’lJamaa’ah who came before us, then we have to refer to trustworthy scholars and people of understanding, as Allaah commands us (interpretation of the meaning): “… so ask of those who know the Scripture…” [al-Nahl 16:43]. These are the scholars, who can do ijtihaad, examine the matter and make analogies (qiyaas) with the existing texts of Islam, taking into consideration the principles of necessity, and taking note of what is harmful to the interests of sharee’ah and what is beneficial, relying on the basic general principles of sharee’ah, such as the aayah (interpretation of the meaning), “… he allows them as lawful al-tayyibaat [(i.e., all good and lawful things as regards things, deeds, beliefs, persons, foods, etc.]…” [al-A’raaf 7:157] and the hadeeth, “There should be no harming nor reciprocating harm” (reported by Ibn Maajah, 2331), and avoiding following whims and desires. Every evil thing that is proven to be harmful is haraam, and every good and beneficial thing is halaal. If it is not known that it is either harmful or beneficial, then the general rule is that it is permissible (mubaah). And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1053: Does the Sunnah govern people’s worldly affairs? Question: There is a sect which is no less dangerous than the sect which rejects the Sunnah altogether; they say, “We accept 106
Basis for Jurisprudence and Islamic Rulings
the Sunnah as a source of legislation for matters of worship, but when it comes to legislation or conduct in the matters of this world, we are not obliged to follow any part of the Sunnah in this regard,” and they cling to weak evidence, such as the incident of the pollination of the date-palm trees. How should we respond to them? Answer: Praise be to Allaah. The story of the pollination of the date-palm trees describes how, when the Prophet (peace and blessings of Allaah be upon him) migrated to Madeenah, he saw the people there pollinating the date-palm trees by hand, and he said to them, “If you do not do this, it should still be fine.” So they did not do it, and the crop failed, producing only bad dates. He passed by them and said, “What is wrong with your date-palms?” They said, “You told us such-and-such.” He said, “You know best about the affairs of your world.” (Reported by Muslim, 4358). This report, if it indicates anything, indicates that with regard to worldly matters that have nothing to do with halaal and haraam or right and wrong, but are matters of trial and error, do not come under the mission of the Messenger (peace and blessings of Allaah be upon him) as the conveyor of the Message from His Lord. This hadeeth indicates that these matters are subject to trial and error. The Messenger (peace and blessings of Allaah be upon him) set us a practical example to encourage us, in worldly matters that have nothing to do with legislation, to do our utmost to find out which way of dealing with them is best, to research and explore these matters, to analyze our findings and observations, and to do other things that would help us to develop and make progress in the fields of agriculture, industry, construction and so 107
Basis for Jurisprudence and Islamic Rulings
on. In matters on which sharee’ah is silent and did not give any specific ruling, we are permitted to act within the general guidelines of Islam, such as the principle of not causing or reciprocating harm, and so on. There is a big difference between this incident and its implications, and the reports in which the Messenger (peace and blessings of Allaah be upon him) stated that things were halaal or haraam, or that something would lead to punishment or not, or that certain transactions are valid or not, and other worldly or religious matters, because these formed the main part of his mission, and Allaah has commanded us to obey the Messenger (peace and blessings of Allaah be upon him) in everything that he has conveyed from his Lord. (al-Mawsoo’ah alFiqhiyyah, 1/45). Those who try to confine Islam only to rituals of worship, such as prayer, fasting and Hajj, and want to separate religion from other aspects of life such as the social, economic and political spheres, and say that these are human affairs in which people can do whatever they want and can legislate and govern however they wish – these people are kaafirs and wrongdoers who do not want to make the sharee’ah of Allaah prevail in people’s lives or to allow Islam to guide the people’s affairs, even though Allaah has revealed it to govern and control and regulate, and life cannot be properly run and people cannot be happy without it. Without Islamic rule, people are lost and confused in the darkness, as we see today in all those societies that are not ruled by the sharee’ah of Allaah. We ask Allaah to guide us and to open our eyes and help us to accept and follow Islam. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 108
Basis for Jurisprudence and Islamic Rulings
604: Justification for following the Sunnah Question: Why do we have to follow the sunnah of the prophet Muhammad and not just follow the quraan ? Why do we have to follow a specific Mathab? Answer: Praise be to Allaah. The first question may appear strange and somewhat surprising to committed, practising Muslims. How can something which is so obviously one of the bases of Islaam become a matter for discussion and debate? But since the question has been asked, we will present, with the help of Allaah, the principles and bases of the importance of the Sunnah, the obligation to follow it and the ruling concerning those who reject it. By so doing, we will also refute the doubters and the misguided group who call themselves “Qur’aaniyyeen” (the Qur’aan has nothing to do with them!) In sha Allaah this discussion will be of benefit to everyone who wants to understand the truth of the matter. Proof of the importance of the Sunnah (1) The Qur’aan speaks of the importance of the Sunnah, for example: (a) Allaah says (interpretation of the meaning): “He who obeys the Messenger has indeed obeyed Allaah . . .” [alNisaa’ 4:80] Allaah described obedience to the Prophet (peace be upon him) as being a part of obedience to Him. Then He made a connection between obedience to Him and obedience to the Prophet (peace be upon him): “O
109
Basis for Jurisprudence and Islamic Rulings
you who believe! Obey Allaah and obey the Messenger . . .” [al-Nisaa’ 4:59] (b) Allaah warns us not to go against the Prophet (peace be upon him), and states that whoever disobeys him will be doomed to eternal Hell. Allaah says (interpretation of the meaning): “. . . And let those who oppose the Messenger’s commandment beware, lest some fitnah (trial, affliction, etc.) befall them or a painful torment be inflicted on them.” [al-Nur 24:63] (c) Allaah has made obedience to His Prophet a religious duty; resisting or opposing it is a sign of hypocrisy: “”But no, by your Lord, they can have no Faith, until they make you [Muhammad] judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” [alNisaa’ 4:65] (d) Allaah commands His slaves to respond to Him and His Messenger: “O you who believe! Answer Allaah (by obeying Him) and (His) Messenger when he calls you to that which will give you life . . .” [al-Anfaal 8:24] (e) Allaah also commands His slaves to refer all disputes to him: “. . . (And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger . . .” [alNisaa’ 4:59] (2) The Sunnah itself indicates the importance of the Sunnah. For example: (a) Al-Tirmidhi reported from Abu Raafi’ and others that the Prophet (peace be upon him) said: “I do not want to see any one of you reclining on his couch and, when he hears of my instructions or prohibitions, saying ‘I don’t accept it; we didn’t find any such thing in the Book of
110
Basis for Jurisprudence and Islamic Rulings
Allaah.’” Abu ‘Eesaa said: This is a saheeh hasan hadeeth. (See Sunan al-Tirmidhi, Shaakir edition, no. 2663). Al-’Irbaad ibn Saariyah, may Allaah be pleased with him, reported that the Prophet (peace be upon him) said: “Would any of you think, reclining on his couch, that Allaah would only describe what is forbidden in the Qur’aan? I tell you, by Allaah, that I have warned and commanded and prohibited things that are as important as what is in the Qur’aan, if not more so.” (Reported by Abu Dawud, Kitaab al-Khiraj wa’l-imaarah wa’l-fay’). (b) Abu Dawud also reported from al-’Irbaad ibn Saariyah, may Allaah be pleased with him, that “the Messenger of Allaah (peace be upon him) led us in prayer one day, then he turned to us and exhorted us strongly . . . (he said), ‘Pay attention to my sunnah (way) and the way of the Rightly-guided Khaleefahs after me, adhere to it and hold fast to it.’” (Saheeh Abi Dawud, Kitaab al-Sunnah). (3) The scholars’ consensus (ijmaa’) affirming the importance of the Sunnah. Al-Shaafi’i, may Allaah have mercy on him, said: “I do not know of anyone among the Sahaabah and Taabi’een who narrated a report from the Messenger of Allaah (peace be upon him) without accepting it, adhering to it and affirming that this was sunnah. Those who came after the Taabi’een, and those whom we met did likewise: they all accepted the reports and took them to be sunnah, praising those who followed them and criticizing those who went against them. Whoever deviated from this path would be regarded by us as having deviated from the way of the Companions of the Prophet (peace be upon him) and the scholars who followed them, and would be considered as one of the ignorant.
111
Basis for Jurisprudence and Islamic Rulings
(4) Common sense indicates the importance of the Sunnah. The fact that the Prophet (peace be upon him) is the Messenger of Allaah indicates that we must believe everything he said and obey every command he gave. It goes without saying that he has told us things and given instructions in addition to what is in the Qur’aan. It is futile to make a distinction between the Sunnah and the Qur’aan when it comes to adhering to it and responding to it. It is obligatory to believe in what he has told us, and to obey his instructions. The ruling concerning those who deny the importance of the Sunnah is that they are kaafirs, because they deny and reject a well-known and undeniable part of the religion. As regards your second question, about whether a Muslim is required to follow a particular madhhab, the answer is that he does not have to. For the average “rank and file” Muslim, his madhhab is that of his mufti or the scholar whom he consults for religious verdicts; he must ask those pious scholars whom he trusts for opinions when necessary. If a person has enough knowledge to distinguish which evidence and opinion is stronger, then he must follow the scholarly opinion which has the strongest support from the Qur’an and Sunnah. It is acceptable for a Muslim to follow one of the four well-known madhhabs, on the condition that he understands that the truth in any given issue may lie with another madhhab, in which case he must ignore his own madhhab’s opinion and follow the truth. The Muslim’s aim is to follow the truth that is in accordance with the Qur’an and Sunnah. The madhhabs of fiqh are only a means of reaching ahkaam (rules) based on the Qur’aan and Sunnah, they are not Qur’aan and Sunnah. We ask Allaah to show us the truth and help us to follow 112
Basis for Jurisprudence and Islamic Rulings
it, and to show us falsehood and help us to avoid it. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)
113
Basis for Jurisprudence and Islamic Rulings
Chapter 4 Innovations in Religion and Worship (Part 1) 49702: False report attributed to Zaynab (may Allaah be pleased with her) about healing of disease Question: Nowadays there are many messages that come via e-mail, telling of a person who was sick then Sayyidah Zaynab (may Allaah be pleased with her) came to him in a dream, and when he woke up he found that he had been cured of that sickness… Then the sender asks us to send this letter to a number of friends, and warns whoever does not do that of many things, ending with death. How sound is this letter?. Answer: Praise be to Allaah. This report that you are asking about is nothing new, but it has become more widely disseminated nowadays because of the ease and speed of communication via email, combined with the ignorance of many who love their religion. There may be some variation in the details of these stories, but they are all based on the same idea and all have the same bad effect on people’s minds. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) warned against them. There follows the text of his statement: 114
Basis for Jurisprudence and Islamic Rulings
A note concerning a false report that is being disseminated by some ignorant people: Praise be to Allaah, and blessings and peace be upon the slave and Messenger of Allaah, our Prophet Muhammad, and upon his family and companions. I have come across a false report that is being disseminated by some ignorant people and people who have little understanding of the religion of Allaah. The text of this report is as follows: “In the name of Allaah, the Most Gracious, the Most Merciful. Blessings and peace be upon the noblest of the Messengers, our Master Muhammad (peace and blessings of Allaah be upon him), and upon his family and companions. Allaah says (interpretation of the meaning): ‘No doubt! Verily, the Awliya’ [close friends] of Allaah, no fear shall come upon them nor shall they grieve’ [Yoonus 10:62] Allaah the Almighty has spoken the truth. My Muslim brother, my Muslim sister. A thirteen-year-old girl became very ill and the doctor was unable to treat her. One night her sickness grew worse and she wept until sleep overtook her. In her dream she saw Sayyidah Zaynab (may Allaah be pleased with her). She put some drops in her mouth, and when she woke up from her sleep she was completely healed from her sickness. Sayyidah Zaynab (may Allaah be pleased with her) asked her to write this story thirteen times and distribute it to the Muslims, to demonstrate the power of the Creator, may He be exalted, and how it is manifested 115
Basis for Jurisprudence and Islamic Rulings
in His signs and His creation, exalted be He above all that they associate with Him. The girl did what was asked of her, and this is what happened: 1 – The first copy fell into the hands of a poor man, who wrote it out and distributed it. Thirteen days later the Lord willed that this poor man should become rich. 2 – The second copy fell into the hands of a worker who ignored it. Thirteen days later he lost his job. 3 – The third copy fell into the hands of a rich man who refused to write it out. Thirteen days later he lost all the riches that he possessed. Hasten, O Muslim brother or sister, after reading this story, to copy it out thirteen times and distribute it to people, so that you may get what you wish for from the Most Generous Lord, may He be glorified and exalted. May Allaah send blessings upon our Master Muhammad and upon all his family and companions.” When I read this false report I thought it essential to point out that the benefits and good things that its author claims will come to those who copy it and distribute it, and the bad things that will happen to those who ignore it and do not disseminate it further, are all lies that have no solid basis. Rather they are fabrications of the liars and charlatans who want to divert the Muslims from putting their trust in their Lord alone, with no partner or associate, to bring them benefits and ward off harm from them, as well as taking the permissible means as prescribed in sharee’ah, and who want to make them put their trust in someone or something other than Allaah to bring benefits and ward off harm, and to take false means that are not permitted or prescribed in sharee’ah, which leads them
116
Basis for Jurisprudence and Islamic Rulings
to become attached to something other than Allaah and to worship someone other than Him. Undoubtedly this is one of the plots of the enemies of the Muslims, who want to divert them away from their true religion by any means possible. The Muslims should beware of these plots and not be deceived by them. The Muslim should pay no attention to this false report and similar reports which appear from time to time. Warnings have been issued about several of them in the past. It is not permissible for a Muslim to copy out this and similar reports, or to distribute them under any circumstances. Rather doing that is an evil action and the one who does that is committing a sin; there is the fear that he will be punished in this world and in the Hereafter, because this is a bid’ah (innovation) whose evil is great and whose punishment is severe. This report is a kind of reprehensible innovation, and is one of the means that lead to shirk and exaggeration concerning the Ahl al-Bayt (members of the Prophet’s household) and others among the dead, and calling upon them instead of Allaah and seeking their help and thinking that they can bring benefit to or ward off harm from those who call upon them and seek their help. It is also a kind of telling lies about Allaah. Allaah says (interpretation of the meaning): “It is only those who believe not in the Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) of Allaah, who fabricate falsehood, and it is they who are liars” [al-Nahl 16:105] And the Prophet (peace and blessings of Allaah be upon him) said: “Whoever introduces something into this matter
117
Basis for Jurisprudence and Islamic Rulings
of ours that is not part of it, will have it rejected.” Saheeh – agreed upon. All the Muslims into whose hands this letter falls should tear it up and destroy it, and warn people against it, and not pay any attention to any promises or warnings that it may contain, because these are false reports that have no sound basis and nothing good or bad will result from that. But the one who invented it, those who copy it out and distribute it, and those who promote it and disseminate it among the Muslims are all sinning, because all of that comes under the heading of cooperating in sin and transgression which Allaah has forbidden in His Book, where He says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment” [al-Maa’idah 5:2] We ask Allaah to keep us and all the Muslims safe and sound from all evil. Allaah is Sufficient for us and He is the best to deal with those who fabricated this report and similar reports, and introduced into the religion of Allaah things that have nothing to do with it. We ask Allaah to deal with them as they deserve, for telling lies about Allaah and disseminating falsehood, and for calling people to the means that lead to shirk and exaggeration about the dead, and distracting them with something that will harm them and will not benefit them. Sincerity towards Allaah and His slaves demands that we point this out. May Allaah send blessings and peace upon His slave and Messenger our Prophet Muhammad and his family and companions. Majmoo’ Fataawa al-Shaykh Ibn Baaz, 8/346-348.
118
Basis for Jurisprudence and Islamic Rulings
And Allaah knows best. Islam Q&A (www.islam-qa.com) 49678: Does Allaah come down to the first heaven on the night of the fifteenth of Sha’baan? Question: Does Allaah come down to the first heaven on the night of the fifteenth of Sha’baan and forgive all the people except two types, namely kaafirs and those engaged in disputes?. Answer: Praise be to Allaah. This is mentioned in some ahaadeeth, but there is some scholarly difference of opinion as to the soundness of those ahaadeeth. There is no saheeh hadeeth concerning the virtue of the night of the fifteenth of Sha’baan. It was narrated from Abu Moosa al-Ash’ari that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah looks down on the night of the fifteenth of Sha’baan and forgives all his creation except a mushrik or one who harbours hatred against the Muslims.” Narrated by Ibn Maajah, 1390. The “one who harbours hatred against the Muslims” means one who has enmity towards a Muslim brother. In al-Zawaa’id it says: Its isnaad is da’eef, because ‘AbdAllaah ibn Lahee’ah is da’eef (weak) and al-Waleed ibn Muslim is mudallis. 119
Basis for Jurisprudence and Islamic Rulings
There is also some idtiraab (weakness) in the hadeeth, as stated by al-Daaraqutni in al-‘Ilal, 6/50, 51. He said: This hadeeth is not proven. It was narrated from Mu’aadh ibn Jabal, ‘Aa’ishah, Abu Hurayrah, Abu Tha’labah al-Khushani and others, but the isnaads are not free of some weakness, and some of them are very weak. Ibn Rajab al-Hanbali said: Concerning the virtue of the night of the fifteenth of Sha’baan there are numerous ahaadeeth, concerning which the scholars differed, but most of them classed them as da’eef, and Ibn Hibbaan classed some of them as saheeh. Lataa’if al-Ma’aazif, 261. Allaah’s descending to the first heaven does not only happen on the night of the fifteenth of Sha’baan, rather it is proven in al-Saheehayn and elsewhere that Allaah descends to the first heaven every night, in the last third of the night. The night of the fifteenth of Sha’baan is included in this general meaning. Hence, when ‘Abd-Allaah ibn al-Mubaarak was asked about the descent of Allaah on the night of the fifteenth of Sha’baan, he said to the one who asked him: “O weak one! The night of the fifteenth?! He descends every night!” Narrated by Abu ‘Uthmaan al-Saabooni in I’tiqaad Ahl al-Sunnah, no. 92. Al-‘Aqeeli (may Allaah have mercy on him) said: With regard to Allaah’s descending on the night of the fifteenth of Sha’baan there are ahaadeeth which are weak, but the reports that He descends every night are proven 120
Basis for Jurisprudence and Islamic Rulings
and saheeh, so the night of the fifteenth of Sha’baan is included in that, in sha Allaah. Al-Du’afa’, 3/29. See also the answer to question no. 8907. On this site you can also find an article by Shaykh Ibn Baz (may Allaah have mercy on him) concerning the ruling on celebrating the night of the fifteenth of Sha’baan. You can find it under the heading, Periodic Topics (under “Useful Material” on the Islam Q&A Library page). Islam Q&A (www.islam-qa.com) 49675: Should he fast on the fifteenth of Sha’baan even if the hadeeth is da’eef? Question: Is it permissible, even after finding out that a hadeeth is da’eef (weak), to follow it, by way of doing righteous deeds? The hadeeth says: “When it is halfway through Sha’baan, spend that night in prayer and fast on that day.” The fast is observed as a voluntary act of devotion to Allaah, as is spending that night in prayer (qiyaam allayl). Answer: Praise be to Allaah. Firstly: What is narrated concerning the virtue of praying, fasting and worshipping on the fifteenth of Sha’baan (al-nusf min
121
Basis for Jurisprudence and Islamic Rulings
Sha’baan) does not come under the heading of da’eef (weak), rather it comes under the heading of mawdoo’ (fabricated) and baatil (false). So it is not permissible to follow it or to act upon it, whether that is in doing righteous deeds or otherwise. A number of scholars ruled that the reports concerning that were false, such as Ibn al-Jawzi in his book alMawdoo’aat, 2/440-445; Ibn Qayyim al-Jawziyyah in alManaar al-Muneef, no. 174- 177; Abu Shaamah alShaafa’i in al-Baa’ith ‘ala Inkaar al-Bida’ wa’lHawaadith, 124-137; al-‘Iraaqi in Takhreej Ihyaa’ ‘Uloom il-Deen, no. 582. Shaykh al-Islam [Ibn Taymiyah] narrated that there was consensus on the fact that they are false, in Majmoo’ al-Fataawa, 28/138. Shaykh Ibn Baaz (may Allaah have mercy on him) said in Hukm al-Ihtifaal bi Laylat al-Nusf min Sha’baan (Ruling on celebrating the fifteenth of Sha’baan): Celebrating the night of the fifteenth of Sha’baan (Laylat al-Nusf min Sha’baan) by praying etc, or singling out this day for fasting, is a reprehensible bid’ah (innovation) according to the majority of scholars, and there is no basis for this in sharee’ah. And he (may Allaah have mercy on him) said: There is no saheeh hadeeth concerning the night of the fifteenth of Sha’baan (Laylat al-Nusf min Sha’baan). All the ahaadeeth that have been narrated concerning that are mawdoo’ (fabricated) and da’eef (weak), and have no basis. There is nothing special about this night, and no recitation of Qur’aan or prayer, whether alone or in congregation, is specified for this night. What some of the scholars have said about it being special is a weak opinion. It is not permissible to single it out for any special
122
Basis for Jurisprudence and Islamic Rulings
actions. This is the correct view. And Allaah is the Source of strength. Fataawa Islamiyyah, 4/511. See also question no. 8907. Secondly: Even if we assume that the hadeeth is da’eef (weak) and not mawdoo’ (fabricated), the correct scholarly view is that weak ahaadeeth should not be followed at all, even if they speak of righteous deeds or of targheeb and tarheeb (promises and warnings). The saheeh reports are sufficient and the Muslim has no need to follow the da’eef reports. Nothing is known in Islam to suggest that this night or day is special, either from the Prophet (peace and blessings of Allaah be upon him) or from his companions. The scholar Ahmad Shaakir said: There is no difference between rulings or righteous deeds; we do not take any of them from da’eef reports, rather no one hast he right to use any report as evidence unless it is proven to be soundly narrated from the Messenger of Allaah (peace and blessings of Allaah be upon him) in a saheeh or hasan hadeeth. Al-Baa’ith al-Hatheeth, 1/278. For more information, see: al-Qawl al-Muneef fi Hukm al-‘Aml bi’l-Hadeeth al-Da’eef. See also the answer to question no. 44877. And Allaah knows best. Islam Q&A (www.islam-qa.com)
123
Basis for Jurisprudence and Islamic Rulings
10070: Celebrating innovated festivals Question: What is the shar’i ruling on celebrating festivals such as the birthday of the Prophet (peace and blessings of Allaah be upon him), children’s birthdays, Mother’s Day, Tree Week and national holidays? Answer: Praise be to Allaah. Firstly: ‘Eid (festival) is the name given to something which returns (ya’ood), and is used to describe gatherings which happen repeatedly, on a yearly, monthly or weekly basis, etc. So an ‘eid includes a number of things, such as a day which comes regularly, e.g., ‘Eid al-Fitr and Friday; gatherings on that day; and actions such as acts of worship and customs which are done on that day. Secondly: any of these things which are intended as rituals or acts of worship aimed at drawing closer to Allaah or glorifying Him in order to earn reward, or which involve imitating the people of Jaahiliyyah or any other groups of kaafirs, is a prohibited bid’ah, an innovation which comes under the general meaning of the hadeeth: “Whoever innovates something in this matter of ours (Islam) that is not part of it, will have it rejected.” (Narrated by alBukhaari and Muslim). Examples of that include Mawlid al-Nabi (the Prophet’s birthday), Mother’s Day and national holidays, because in the first case there are innovated acts of worship which Allaah has not prescribed, and because it involves imitation of the Christians and other kaafirs. And in the 124
Basis for Jurisprudence and Islamic Rulings
second and third cases there is imitation of the kuffaar. But in cases where the intention is to organize work to serve the interests of the ummah and to put its affairs straight, or to organize programs of study, or to bring employees together for work purposes etc., which in and of themselves do not involve acts of worship and glorification, then these are a kind of benign innovation which do not come under the meaning of the hadeeth, “Whoever innovates something in this matter of ours (Islam) that is not a part of it will have it rejected.” So there is nothing wrong with such things, indeed they are allowed by sharee’ah. And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Fataawa al-Lajnah al-Daa’imah, 3/59 (www.islamqa.com) 47425: The best way to call those who do not pray and to deal with innovators Question: What is the best way to call those who do not pray? What about innovators?. Answer: Praise be to Allaah. The best way to call those who do not pray can be summed up as follows: 1 – Reminding them of the obligation of prayer and that 125
Basis for Jurisprudence and Islamic Rulings
it is the greatest of the pillars of Islam after the Shahaadatayn (twin declaration of faith). 2 – Telling them of the stern warnings that have been narrated concerning not praying, and the different opinions of the scholars as to whether this constitutes kufr (disbelief) and riddah (apostasy). Islam does not give the one who does not pray the opportunity to live freely among people, because in his case he must he invited to pray, and if he persists in not praying, he is to be executed as an apostate according to the view of Ahmad and those who agreed with him among the salaf (early generations of Islam); or he is to be executed as a hadd punishment, according to the view of Maalik and al-Shaafa’i; or he is to be detained and imprisoned, according to the view of Abu Haneefah. But no scholar says that he is to be left free. So it should be said to the one who does not pray: are you happy that the scholars disagreed as to whether you are a kaafir and whether you should be killed or imprisoned? 3 – Reminding them of the meeting with Allaah, death and the grave, and what will happen to the one who does not pray, namely a bad end and the torment of the grave. 4 – Explaining that delaying prayer until the time for it is over is a major sin: “Then, there has succeeded them a posterity who have given up AsSalaah (the prayers) [i.e. made their Salaah (prayers) to be lost, either by not offering them or by not offering them perfectly or by not offering them in their proper fixed times] and have followed lusts. So they will be thrown in Hell” [Maryam 19:59 – interpretation of the meaning]. Ibn Mas’ood said concerning al-Ghayy (translated here 126
Basis for Jurisprudence and Islamic Rulings
as “Hell”): it is a valley in Hell that is very deep and has a foul taste. And Allaah says (interpretation of the meaning): “So woe unto those performers of Salaah (prayers) (hypocrites), 5. Those who delay their Salaah (prayer from their stated fixed times)” [al-Ma’oon 107:4-5] 5 – Explaining the serious implications of the view that they are kaafirs, such as their marriages being rendered invalid, it being forbidden for them to remain with and be intimate with their wives, and the fact that they will not be washed and prayed for after they die. Among the texts that indicate that the one who does not pray is a kaafir is the hadeeth in which the Prophet (peace and blessings of Allaah be upon him) said: “Between a man and shirk and kufr there stands his giving up prayer.” Narrated by Muslim, 82. and he said: “The covenant that stands between us and them is prayer; whoever gives it up is a kaafir.” Narrated by al-Tirmidhi, 2621; al-Nasaa’i, 463; Ibn Maajah, 1079. 6 – Giving them some booklets and tapes that deal with the subject of prayer and the punishment of the one who does not pray or is careless concerning the prayer. 7 – Forsaking and shunning them if they persist in not praying. With regard to innovators, the way in which we deal with them varies according to the type of innovation involved. We should advise them and call them to Allaah, and establish proof against them, and refute their specious arguments. If the innovator persists in his innovation he 127
Basis for Jurisprudence and Islamic Rulings
should be forsaken and shunned, if it is thought that this will most likely benefit him. We have first to be sure that a person is an innovator before resorting to these measures, and reference should be made to the scholars. We should differentiate between the innovation and the one who practices it, because he may have the excuse of ignorance or misunderstanding. For more details please see Haqeeqat al-Bid’ah wa Ahkaamuhu by Sa’eed ibn Naasir al-Ghaamidi. And Allaah knows best. Islam Q&A (www.islam-qa.com) 7051: Gathering to eat and celebrate on the last day of Sha’baan Question: Some families get together on the last night of Sha’baan and make food, and some of their elders recite poems for this occasion. What is the ruling on this getting together to eat? Answer: Praise be to Allaah. We put this question to Sahykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied as follows: I think that this is closer to bid’ah (innovation), and it should be disallowed rather than permitted, because it is being taken as an “Eid” (regular celebration). If it happened only once, then it is OK. 128
Basis for Jurisprudence and Islamic Rulings
Our response is: we do not allow it. And Allaah knows best. Sahykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 8907: Laylat al-Nusf min Sha’baan (the middle of Sha’baan) should not be singled out for worship Question: I read in a book that fasting on the middle of Sha’baan is a kind of bid’ah, but in another book I read that one of the days on which it is mustahabb to fast is the middle of Sha’baan… what is the definitive ruling on this? Answer: Praise be to Allaah. There is no saheeh marfoo’ report that speaks of the virtue of the middle of Sha’baan that may be followed, not even in the chapters on al-Fadaa’il (chapters on virtues in books of hadeeth etc.). Some maqtoo’ reports (reports whose isnaads do not go back further than the Taabi’een) have been narrated from some of the Taabi’een, and there are some ahaadeeth, the best of which are mawdoo’ (fabricated) or da’eef jiddan (very weak). These reports became very well known in some countries which were overwhelmed by ignorance; these reports suggest that people’s lifespans are written on that day or that it is decided on that day who is to die in the coming year. On this basis, it is not prescribed to spend this night in prayer or to fast on this day, or to single it out for certain acts of worship. One should not be deceived by the large numbers 129
Basis for Jurisprudence and Islamic Rulings
of ignorant people who do these things. And Allaah knows best. Shaykh Ibn Jibreen. If a person wants to pray qiyaam on this night as he does on other nights – without doing anything extra or singling this night out for anything – then that is OK. The same applies if he fasts the day of the fifteenth of Sha’baan because it happens to be one of the ayyaam al-beed, along with the fourteenth and thirteenth of the month, or because it happens to be a Monday or Thursday. If the fifteenth (of Sha’baan) coincides with a Monday or Thursday, there is nothing wrong with that (fasting on that day), so long as he is not seeking extra reward that has not been proven (in the saheeh texts). And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 45622: Ruling on the imam saying to the congregation, “Pray Pray like a man bidding farewell” Question: What is the ruling on the imam saying, before the first takbeer of the prayer, “Focus your hearts on Allaah” and “Pray like a man bidding farewell”?. Answer: Praise be to Allaah. Firstly: 130
Basis for Jurisprudence and Islamic Rulings
It is Sunnah for the imam to straighten the rows himself, or to tell the congregation to straighten the rows. A variety of expressions are narrated in the Sunnah, all of them telling the worshippers to straighten the rows, and warning them against doing otherwise. Among the phrases that have been narrated are: “Straighten the rows and stand close together” and “Straighten your rows, for straightening the rows is part of establishing prayer” and “Straighten your rows for straightening the rows is part of perfecting the prayer” and “Straighten the rows in prayer for straightening the rows is part of doing the prayer well” and “Stand straight and do not make the rows uneven, lest that that create disharmony amongst you” and “Straighten the rows and stand shoulder to shoulder and fill the gaps” – and other such phrases. There is no need to say any of these or other phrases if the imam sees that the rows are straight. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: But if the imam turns round and sees that the rows are straight and solid (with no gaps), and the people are standing in straight rows, then it seems that he should not tell them to straighten the rows, because that has been done – unless he intends thereby to tell them to keep it like that – because these words have a meaning, they are not just words that are to be said for no purpose. As’ilat al-baab il-Maftooh, no. 62. We do not know of any phrase in the Sunnah with which the imam may encourage the worshippers to focus more in their prayer and focus their hearts on Allaah and the prayer, as if it were their last prayer and so on. If the imam always says that then there is the fear that it may come under the heading of bid’ah (innovation). There is nothing 131
Basis for Jurisprudence and Islamic Rulings
wrong with saying such things as a reminder but that should be done sometimes, not all the time and in every prayer. We know of no basis for saying “Focus your hearts on Allaah”. With regard to the phrase “Pray like a man bidding farewell,” there is a saheeh report that the Prophet (peace and blessings of Allaah be upon him) said this, but that was by way of general advice, not what the imam should say before saying the first takbeer of the prayer. It was narrated that Abu Ayyoob said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When you stand to pray, pray like a man bidding farewell. Do not say anything for which you will have to apologize. And give up hope for what other people have.” Narrated by Ibn Maajah, 4171. Classed as saheeh by Shaykh al-Albaani in al-Silsilah al-Saheehah, 401. And it was narrated that Ibn ‘Umar said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Pray like a man bidding farewell as if you can see Him, for although you cannot see Him, He sees you, and do not be concerned about what other people possess, then you will live a rich life. Beware of any action that requires an apology.” Narrated by al-Bayhaqi in Kitaab al-Zuhd (The Book of Asceticism), 2/210. It is saheeh because of the existence of corroborating reports, as Shaykh al-Albaani said in al-Silsilah alSaheehah, 1914. Islam Q&A (www.islam-qa.com)
132
Basis for Jurisprudence and Islamic Rulings
1305: Giving certain days meaning is not permitted Question: What is the importance of 13th, 21st, 22nd, and27th of the Islamic month of Rajab. Answer:
Praise be to Allaah. There is nothing special about these particular days at all. All the days of Rajab are special, with no exception, because Rajab is one of the Sacred Months, like Dhoo’lQi’dah, Dhoo’l-Hijjah and Muharram. The thirteenth day of each month - not just Rajab - is one of the three Ayyaam al-Beed (white days) on which it is encouraged to fast. These days are the 13th, 14th, and 15th of each hijri month. Many of those who follow bid’ah (innovations) think that there is something special about certain days and do special acts of worship on those days, with no sound Islaamic basis or evidence (daleel). Their deeds are not acceptable, because they have innovated something in the religion of Allaah without the permission of Allaah. We ask Allaah to help us follow the Sunnah and avoid bid’ah. May Allaah bless our Prophet Muhammad . Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
133
Basis for Jurisprudence and Islamic Rulings
46665: He wants to give his wife a gift on the anniversary of their marriage each year Question: Is it permissible for me to give a gift to my wife on the anniversary of our wedding each year?. Answer: Praise be to Allaah. If the husband wants to give his wife a gift, he should give it at any time or on any appropriate occasion or when there is a reason for doing so. He should not wait for the anniversary of their wedding to give her a gift, because that implies that he is taking this day as an “Eid” (an occasion that is celebrated regularly), and there are no annual Eids for the Muslims except Eid al-Fitr and Eid al-Adha. These occasions – wedding anniversaries – came to the Prophet (peace and blessings of Allaah be upon him) and his companions, and the salaf (early generations) of this ummah and its imams, but there is no report that they used to give gifts to their wives on these days. And all goodness is to be found in following them. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: is it permissible for the husband to give a gift to his wife on their wedding anniversary each year, as a renewal of the love between them, noting that this anniversary will be marked only by the giving of this gift and that the couple are not going to celebrate this occasion? He said: What I think is that this should not be done, because this 134
Basis for Jurisprudence and Islamic Rulings
year it may be just a gift, but next year it may become a celebration. Moreover, marking this occasion with a gift is regarded as making it an ‘Eid’, because the Eid is that which is repeated. Love does not need to be renewed every year, rather it should be renewed all the time, every time the woman sees something of her husband that makes her happy, and every time the man sees something of his wife that makes him happy, then the love between them will be renewed. Fataawa al-‘Ulama’ fi ‘Ushrat al-Nisa’, p. 162. Islam Q&A (www.islam-qa.com) 34842: Ruling on erecting a monument to the Unknown Soldier Question: What is the ruling on what is known nowadays as the monument to the Unknown Soldier?. Answer: Praise be to Allaah. Erecting monuments to famous prominent people who played a role in building the nation in the fields of knowledge, economy and politics, and erecting a monument to what is known as the “Unknown Soldier” are all actions of jaahiliyyah and a kind of exaggeration, because we see them holding remembrance ceremonies around these monuments on special occasions and putting flowers on them to honour them. This is akin to the idolatry of ancient times, and is a means that leads to major shirk – we seek refuge with Allaah. 135
Basis for Jurisprudence and Islamic Rulings
It is essential to put an end to these customs so as to preserve the belief of Tawheed (belief in the Oneness of Allaah) and to prevent extravagance for no benefit and so as to avoid imitating or resembling the kuffaar in their customs and traditions in which there is nothing good, and which rather lead to serious evil. From Fataawa al-Lajnah al-Daa’imah, 1/479. (www.islam-qa.com) 34511: Ruling on burying the deceased in a coffin Question: A man died and left instructions that he be buried in a coffin. What is the ruling on that?. Answer: Praise be to Allaah. There is no dispute among the scholars that it is makrooh to bury the deceased in a coffin if there is no need for that. If there is a need for that, such as if the ground is wet or there is the fear that he may be dug up by wild animals, then some of the fuqaha’ say that it is permissible to bury the deceased in a coffin in that case. It says in Fataawa al-Lajnah al-Daa’imah (2/312): Putting the deceased in a coffin was unknown at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the time of the Sahaabah (may Allaah be pleased with them), and the best for the Muslims is to follow their way. Hence it is makrooh to put the deceased in a coffin, whether the ground is hard, soft or wet. If the deceased left instructions that he be placed in a coffin, 136
Basis for Jurisprudence and Islamic Rulings
those instructions should not be carried out. The Shaafa’is said that it is permissible if the ground is soft or wet, but according to them such instructions should not be carried out except in such cases.” Ibn Qudaamah said: It is not recommended to bury the deceased in a coffin, because there is no report that the Prophet (peace and blessings of Allaah be upon him) or his companions did that, and it also involves imitating the people of this world. And the earth absorbs his remains better. It says in al-Insaaf: It is makrooh to bury the deceased in a coffin, even if the deceased is a woman. This was stated by Imam Ahmad. Al-Sharbeeni, the Shaafa’i khateeb, said in his book Mughni al-Muhtaaj: It is makrooh to bury the deceased in a coffin according to scholarly consensus, because it is bid’ah (an innovation), unless the ground is wet or soft, in which case it is not makrooh because that serves a purpose. The deceased’s instructions should not be carried out except in this case. Similarly if the deceased has been burned by fire and cannot be carried except in a coffin. In al-Mawsoo’ah al-Fiqhiyyah it says: It is makrooh to bury the deceased in a coffin according to scholarly consensus because it is bid’ah, and his instructions to that effect should not be carried out. But it is not makrooh if that serves a purpose, such as if the deceased is burned and it is necessary to bury him in a coffin. And Allaah knows best. Islam Q&A (www.islam-qa.com) 137
Basis for Jurisprudence and Islamic Rulings
27237: Is there such a thing as Du’aa’ Kanz il-‘Arsh? Question: I have come across a supplication called “kanjil arushu” in some books which is recited as follows: Lailaha illallahu subahanal malikil kuddose , Lailaha illallahu subahanal azizul jabbaru , Lailaha illallahu subahanal raufi rahim.....etc I want to know if this is a known supplication and what are the virtues of reciting it. Answer: Praise be to Allaah. This du’aa’ is not known in the books of Sunnah. It seems most likely that it has been fabricated by some of the Sufis in what they call al-awraad, which is a collection of du’aa’s and words that are compiled for the mureeds (followers of a Sufi shaykh) to recite at certain times in a certain manner and for a certain number of times. Undoubtedly it is not permissible to follow them in the awraad that they fabricate. “Du’aa’ is an act of worship,” as the Prophet (peace and blessings of Allaah be upon him) said, and the basic principle concerning acts of worship is tawqeef i.e., stopping at what has been narrated in sharee’ah (and not inventing anything new). Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: Undoubtedly dhikr and du’aa’s are among the best kinds of worship. Acts of worship are based on tawqeef and following, not on whims and desires and innovation. The du’aa’s and dhikrs narrated from the Prophet (peace and 138
Basis for Jurisprudence and Islamic Rulings
blessings of Allaah be upon him) are the best that anyone can find of dhikr and du’aa’, and the one who limits himself to them will be safe and sound. The beneficial results that they bring cannot be put into words or fully comprehended by man. Any other dhikrs may be haraam or they may be makrooh. They may involve shirk which most people may not realize and which would take too long to explain in detail. No one has the right to prescribe for people any kind of dhikr or du’aa’ that is not narrated in the Sunnah and make it an act of worship that people should perform regularly as they perform the five daily prayers regularly. Rather this is a kind of innovation in religion for which Allaah has not given permission… As for adopting a wird that is not prescribed in sharee’ah and dhikr that is not prescribed in sharee’ah, this is something that is forbidden. Moreover the du’aa’s and adhkaar that are prescribed in sharee’ah are are the best and lead to achieving all aims and goals; no one turns away from them and adopts innovated and invented adhkaar except one who is ignorant, negligent or a wrong doer. Majmoo’ al-Fataawa, 22/510- 511 See also the answer to question no. 6745 which contains more information. And Allaah knows best. Islam Q&A (www.islam-qa.com) 31833: Lies about a dream falsely attributed to the Watchman of the Prophet’s tomb Question: I recieved this email and was wondering how much truth 139
Basis for Jurisprudence and Islamic Rulings
is behind it. I would be grateful if you could clarify this matter. Shukran. May Allah bless you. This is a letter from Saudi Arabia and addressed to all the muslims. These are the words of Sheikh AHMED, the WATCHMAN of the Prophet MOHAMMED’s MOSQUE(PBUH). On Friday night after reciting the HOLY QURAN, SHEIK AHMED slept and saw the HOLY Prophet(PBUH) in his dream. The Prophet (PBUH) said to him “ Sheik Ahmed, this Friday about six thousand (6,000) people Died but none of them went to heaven. The women do not follow what their husbands tell them anymore. The believers who have money do not help the poor. people do not perform their pilgrimage as it has been prescribed. The Muslims do not say their prayers regularly, let alone how it is supposed to be. Sheik Ahmed, tell the Muslims that this letter comes from you. They are to produce more copies of this letter and give to other Muslims so that it can be spread and get to all the Muslims in this world. Anyone who produces this and spreads it to other Muslims will see it indeed (Will see the REWARD). The Prophet (PBUH) will count a person to Paradise along with his children. The Muslims who receives this letter and refuses to disperse it among other Muslims will not see benediction (INSHALLAH). Those who are indebted must write. Allah in his ! infinite mercies will send help to pay his debt.” I, Sheik AHMED, if what I said is a lie, may be Prophet Mohammed (PBUH) not send his divine benediction to me. Dear Muslim brothers and sisters, you must follow the religion the way Prophet (PBUH) honored it, like the 140
Basis for Jurisprudence and Islamic Rulings
divine revelation it is. Ask for forgiveness, fast every Monday. Produce 20 copies of this letter and spread it to all Muslims Anyone who does the until all Muslims get a copy, will INSHALLAH, see the opening of the Prophet (PBUH) success will follow. He will see the things he had never seen before. This is not a letter to be kept. It must be dispersed in quantities. A man called Klavern, got this letter and gave it to his secretary to produce 20 copies and dispersed them. After some days, he saw more doors of opportunities opening up for him. Another person named Abdul-Salam got it and forgot it in the drawer of his office and after a certain time he lost his job. He later remembered the letter and went and produced 20 copies which were distributed and within (5) days he got employed and is in a higher position than what he had before. Another man called Balemanthan received it and he thought it was something useless and treated it without respect or courtesy. He tore the letter and within none (9) days he died. I am appealing to anyone who comes across this letter to kindly circulate it in large volume. HANKS.. MAY ALLAH BLESS YOU.”. Answer: Praise be to Allaah. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: 141
Basis for Jurisprudence and Islamic Rulings
We have heard of this false letter many times for many years; it spreads among the people from time to time and has become widespread among the common folk. Its wording varies, but the writer says that he has seen the Prophet (peace and blessings of Allaah be upon him) in a dream and he gave him this message to pass on… This fabricator makes many claims in his letter that are obvious lies and blatantly false. I have drawn attention to it in the past, and have explained to people that it is obviously false. When I looked at this latest version I hesitated to write about it, because it is obviously false and because the fabricator has the great audacity to tell such lies. I did not think that its falseness would trick anyone who has the least insight or common sense. But many brothers have told me that this letter has deceived many people, and they have circulated it amongst themselves, and some of them have believed it. Because of that I thought that people like me should write about it, so as explain that it is false and that it is a fabrication against the Messenger of Allaah (peace and blessings of Allaah be upon him), so that no one will be deceived by it. Anyone with knowledge and faith, or a sound nature and common sense who studies this letter will realize that it is a lie and a fabrication in many ways. I asked one of the relatives of Shaykh Ahmad to whom this lie is attributed about this letter, and he told me that it is falsely attributed to Shaykh Ahmad, and he never said this at all. The Shaykh Ahmad mentioned here died a while ago. Even if we assume that this Shaykh Ahmad or someone greater than him claimed to have seen the Prophet (peace and blessings of Allaah be upon him) in a dream or whilst awake, and he gave him this advice, we would know for certain that he was lying, or that the one who said that to him was the Shaytaan, and not the Messenger (peace and blessings of Allaah be upon him), for many reasons, including the following: 142
Basis for Jurisprudence and Islamic Rulings
The Messenger (peace and blessings of Allaah be upon him) would not say anything but that which is the truth, either during his life or after his death. This letter clearly goes against his sharee’ah in many ways – as we shall see below. The Prophet (peace and blessings of Allaah be upon him) may be seen in a dream, and the one who sees him in his true form has indeed seen him, because the Shaytaan cannot appear in his form, as it says in the saheeh hadeeth. But it all depends on the faith, sincerity, good character, accuracy, religious commitment and trustworthiness of the one who claims to have seen him, and whether he saw the Prophet (peace and blessings of Allaah be upon him) in his true form or in some other form. If there is a hadeeth that was narrated from the Prophet (peace and blessings of Allaah be upon him) who supposedly said it during his lifetime, but it is not transmitted by trustworthy men of good character, it cannot be accepted or used as evidence; or it is transmitted by trustworthy and accurate narrators, but it goes against a report narrated by stronger narrators and cannot possibly be reconciled with that more accurate and more trustworthy report, then one of them is abrogated and cannot be followed, and the second one abrogates it and is to be followed wherever possible and when its conditions are met. If that is not possible and they cannot be reconciled, then the report which is less reliable should be rejected. The ruling in this case is that it is odd (shaadhdh) and should not be followed. So how about a letter whose author, who supposedly narrated it from the Messenger of Allaah (peace and blessings of Allaah be upon him), is unknown and it is not known whether he is trustworthy or not? In this case it should be rejected and no attention should be paid to it, even if it contains nothing that goes against sharee’ah, so how about if the letter contains many things that indicate that it is false and that it is falsely attributed to the Messenger of Allaah (peace and blessings of Allaah be upon him), and it includes rulings [?] that Allaah has not permitted? The 143
Basis for Jurisprudence and Islamic Rulings
Prophet (peace and blessings of Allaah be upon him) said: “Whoever attributes words to me that I did not say, let him take his place in Hell.” End quote. Shaykh Saalih al-Fawzaan wrote an article about this letter, warning against it, which was published in alDa’wah magazine, issue no. 1082, in which he said: This fabricated letter is old. It appeared in Egypt more than eighty years ago, and the scholars refuted it and ruled it to be false, and they pointed out the lies and falsehoods it contains. One of the scholars was Shaykh Muhammad Rasheed Rida, who said in his refutation of this letter: We answered this question in 1322 AH, and we remember that we have seen something like this letter many times from when we were learning how to read and write until now. All of them are attributed to a man called Shaykh Ahmad, the Watchman of the Prophet’s Tomb. The letter is definitely false, and no one who has had the faintest whiff of knowledge and religion would dispute that. Rather it is only the simple-minded among the illiterate masses who believe it. Then he refuted it at length, refuting each fabrication contained in the letter. Moreover this letter has been warmly accepted by some of the ignorant, and they started to print it and distribute it, because they were influenced by the promises and warnings contained therein, because this immoral person who composed it said that whoever makes x number of copies and distributes it will get what he wants, and if he is a sinner Allaah will forgive him, and if he is employed he will be promoted, and if he is in debt his debt will be paid off, and whoever disbelieves it will be humiliated and such and such bad consequences will come to him. When some of the ignorant read this, they are affected by it and they go ahead and distribute it out of fear and greed. 144
Basis for Jurisprudence and Islamic Rulings
The scholars have stated that this letter is false and they have warned people against distributing it and believing in it. These scholars include Shaykh ‘Abd al-‘Azeez ibn Baaz, who refuted it in an excellent article and pointed out the lies and deception that it contains. This letter is false for a number of reasons: Firstly: the rulings of Islam, the promises and warnings, and information about what the future holds are all matters that can only be proven through revelation from Allaah to His Messenger. Revelation came to an end when the Messenger (peace and blessings of Allaah be upon him) died, after Allaah had perfected the religion through him. We have inherited the Qur’aan and Sunnah which are sufficient to guide us. As for dreams and visions, they do not prove anything, because most of them are the fabrications of the devils, aimed at leading people astray from their religion. The fabricators of this letter promise those who believe in it that they will enter Paradise and that their needs will be met and they will be relieved of distress, and they warn those who disbelieve in it that they will go to Hell and be humiliated. This is prescribing a new religion and telling lies against Allaah – we seek refuge with Allaah from that. Secondly: The fabricator of this letter makes it greater than the Qur’aan, because one who copies the Qur’aan and sends it from one country to another will not get the reward which this liar says the one who distributes this letter will get; and the one who does not copy the Qur’aan and send it from one country to another will not be denied the intercession of the Prophet (peace and blessings of Allaah be upon him) if he is a believer – so how can the believer
145
Basis for Jurisprudence and Islamic Rulings
be denied intercession if he does not copy this letter and send it from one country to another as this fabricator says? Thirdly: This letter makes a claim to have knowledge of the unseen, as it says in it: “this Friday about six thousand (6,000) people Died but none of them went to heaven”. This is a claim to have knowledge of the unseen which no one knows except Allaah, for He is the One Who knows how many people die in Islam and how many die in kufr. Whoever claims to have knowledge of the unseen is a kaafir who disbelieves in Allaah. Fourthly: Reward and punishment in this world and in the Hereafter can only be proven by a text from the Book of Allaah or the Sunnah of His Messenger. This fabricator says that those who believe in this letter will be rewarded and those who disbelieve in it and do not distribute it will be punished. Allaah has proven it to be a lie – praise be to Allaah – because many Muslims have disbelieved in it and believed it to be a forgery, and nothing but good has happened to them, whilst those who believed in it and distributed it have been met with nothing but disappointment and loss. Moreover this fabricator wants to make the masses and the ignorant believe in this letter, so he swears an oath by Allaah repeatedly, that he is sincere and that his letter is true, and that if he is lying, may he exit this world following a religion other than Islam. He wants to make a show of loving Islam and hating sin and evil, so that people will think well of him and believe him. This is part of his evil scheming, and indeed of his stupidity and ignorance. Swearing and making repeated oaths does not indicate that everyone who does so is 146
Basis for Jurisprudence and Islamic Rulings
sincere. Many liars swear oaths in order to deceive the people. Iblees swore to our parents [Adam and Hawwa – peace be upon them], “Verily, I am one of the sincere well-wishers for you both” [ al-A’raaf 7:21 – interpretation of the meaning]. And Allaah said to His Prophet (interpretation of the meaning): “And (O Muhammad) obey you not everyone Hallaaf Maheen (the one who swears much and is a liar or is worthless)” [al-Qalam 68:10]. Allaah tells us that the hypocrites swear when telling lies, and they do that knowingly, as He says of them (interpretation of the meaning): “they will indeed swear that their intention is nothing but good. Allaah bears witness that they are certainly liars” [al-Tawbah 9:107] Does this ignorant fool think that if he fabricates lies against Allaah and His Messenger in this letter and swears at the end of it, that the Muslims will believe him and accept his words? No way! As for his making a show of feeling proud of Islam and being pained by evil deeds, this is a kind of statement which is aimed at making people think well of him and accept what he says, but he does not realize that the accursed Pharaoh made a show of being sincere and kind to his people when he said, preventing them from following Moosa (peace be upon him), “I fear that he may change your religion, or that he may cause mischief to appear in the land” 147
Basis for Jurisprudence and Islamic Rulings
[Ghaafir 40:26 – interpretation of the meaning] Not everyone who appears to be offering advice and to be proud of Islam is sincere. The warnings against evil and sin that are narrated in the Qur’aan and Sunnah, and their descriptions of the resulting punishments are sufficient for those who have faith. Perhaps someone may ask, what is the goal of the author of this letter? What is the motive that made him fabricate it and distribute it? The answer is that his goal is to mislead people away from the Book of their Lord and the Sunnah of their Prophet, and towards myths and false stories. If they believe him in this and it becomes widely accepted among them, then he will invent more and more for them, so that they will be distracted by that from the Qur’aan and Sunnah, then it will be easy to introduce more false ideas to them and change their beliefs. For so long as the Muslims adhere to the Book of their Lord and the Sunnah of their Prophet, those who seek to misguide them will never be able to divert them away from their religion, but if they forsake the Qur’aan and Sunnah, and believe in myths and stories and devilish dreams, it will be easy for any misleader and heretic to lead them astray. There may be secret kaafir organizations behind this, who are working to distribute these fabrications in order to lead the Muslims astray from their religion. This is indicated by the fact that this myth has been around for a century, and it is unlikely that its inventor is still alive. So if there were not someone working to distribute it after his death, it would not have appeared. So beware, O Muslims, of believing in these fabrications. Do not distribute them amongst yourselves, and ask the scholars about anything that you do not understand. The enemies of Allaah and His Messenger among the 148
Basis for Jurisprudence and Islamic Rulings
kaafirs, hypocrites and devils of the jinn and mankind are always trying to lead people astray from the true religion and make them follow false religions; to lead them astray from the path that leads to Paradise and make them follow the path that leads to Hell, from following the Messengers to following the devils and those who lead people astray. So they used to distort the laws of the Prophets and alter the Books that were revealed to the Messengers, as they did with the Tawraat (Torah) and Injeel (Gospel). When Allaah sent the Seal of the Prophets – Muhammad (peace and blessings of Allaah be upon him) – and revealed to him the Holy Qur’aan and the straight path, He guaranteed to preserve the Qur’aan and protect it from being changed and altered. Allaah says (interpretation of the meaning): “Verily, We, it is We Who have sent down the Dhikr (i.e. the Qur’aan) and surely, We will guard it (from corruption)” [al-Hijr 15:9] “Falsehood cannot come to it from before it or behind it, (it is) sent down by the AllWise, Worthy of all praise” [Fussilat 41:42] And He protected the Sunnah of His Prophet (peace and blessings of Allaah be upon him) from the lies of the liars by means of the keen efforts of the trustworthy scholars who preserved it and transmitted it, and eliminated the fabrications of the liars who tried to interfere with it. So they set out guidelines and principles by means of which the saheeh (sound) hadeeths could be distinguished from false hadeeths, and they compiled the saheeh hadeeths and protected them, and they listed the false hadeeths and fought them and warned people against them. Because the enemies of Allaah and His Messenger were unable to 149
Basis for Jurisprudence and Islamic Rulings
introduce false ideas into the Book of Allaah and the Sunnah of His Messenger, they resorted to attempting to divert the people away from the Qur’aan and Sunnah and distract them with false stories and alleged dreams, filled with false promises and warnings which may tempt and deceive those who are weak in faith and ignorant, and lead many of them into shirk and heresy and innovation in the name of religion, worship and asceticism, following these myths. The way of these deviants is not based on the Qur’aan and Sunnah, rather it is based on false stories and socalled dreams. So they go astray from true guidance and forsake the Book of Allaah and the Sunnah of His Messenger, and pay heed to the whispers of the Shaytaan. This is the recompense of the one who turns away from the Qur’aan and Sunnah. Allaah says (interpretation of the meaning): “And whosoever turns away blindly from the remembrance of the Most Gracious (Allaah) (i.e. this Qur’aan and worship of Allaah), We appoint for him Shaytaan (Satan devil) to be a Qareen (a companion) to him. And verily, they (Satans / devils) hinder them from the path (of Allaah), but they think that they are guided aright!” [al-Zukhruf 43:36] So fear Allaah, O slaves of Allaah, and adhere to the Book of your Lord and the Sunnah of your Prophet, and beware of false ideas propagated by the enemies of Islam. May Allaah help us all to adhere to the Qur’aan and Sunnah. May Allaah send blessings and peace upon our Prophet Muhammad and upon His family and companions. Islam Q&A (www.islam-qa.com) 150
Basis for Jurisprudence and Islamic Rulings
20885: Praying behind followers of bid’ah, whether that bid’ah amounts to kufr or not Question: Can we say our prayers behind an imam who does bidah and have concepts consisting of shirk?. Answer: Praise be to Allaah. Bid’ah (innovation) may amount to kufr, as in the case of the Jahamis, Raafidis and those who believe in hulool (incarnation) and ittihad (unity of the Creator and creation), in which case their prayer is not valid and it is not permissible for anyone to pray behind them; Or the bid’ah may not amount to kufr, such as speaking the intention (niyyah) out loud, and gathering to recite dhikr together as the Sufis do. The prayer of these people is valid, as are prayers offered behind them. But the Muslim has to advise them to give up this bid’ah. If they pay heed, then this is what is wanted, otherwise the person has done what he was obliged to do. In this case it is better to look for another imam who is keen to follow the Sunnah. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him0 said: The kind of bid’ah for which a person is regarded as being one of those who follow their whims and desires is that which is well known among the scholars of the Sunnah for going against the Qur’aan and Sunnah, such as the bid’ah of the Khaarijis, the Raafidis, the Qadaris and the Murji’is. ‘Abd-Allaah ibn al-Mubaarak, Yoosuf ibn 151
Basis for Jurisprudence and Islamic Rulings
Asbaat and others said: The roots of the seventy-two sects are four: the Khaarijis, the Raafidis, the Qadaris and the Murji’is. It was said to Ibn al-Mubaarak, And the Jahamis? He said, The Jahamis are not part of the ummah of Muhammad (peace and blessings of Allaah be upon him). The Jahamis deny the divine attributes and say that the Qur’aan was created, that Allaah will not be seen in the Hereafter, that Muhammad was not taken up to Allaah [on the night of the Mi’raaj], and that Allaah has no knowledge, power or life, and so on, as the Mu’tazilis, philosophers and their followers said. ‘Abd al-Rahmaan ibn Mahdi said: There are only two groups to beware of: the Jahamis and the Raafidis. These two groups are the worst of the followers of innovation, and from them stemmed the esoteric Qaraamiti groups such as the Nusayris and Ismaa’ilis. Similar to them are those who believe in the unity of the Creator and the creation, because their ideas are akin to Pharaonic ideas. The Raafidis of the current age, as well as being Raafidis are also Jahamis and Qadaris, because in addition to their rafd [which has to do with their beliefs concerning the imams] they also follow the Mu’tazili school of thought, and some of them even follow the school of thought of the Ismaa’ilis and other similar heretics and those who believe in the unity of the Creator and the creation. And Allaah and His Messenger know best. Majmoo’ al-Fataawa, 35/414-415. The Scholars of the Standing Committee said: With regard to praying behind an innovator, if his bid’ah amounts to shirk, such as calling upon someone other than Allaah, making vows to someone other than Allaah, or believing that their shaykhs possess attributes that 152
Basis for Jurisprudence and Islamic Rulings
belong to Allaah alone – such as perfect knowledge, knowledge of the unseen or the power to influence events – then prayers offered behind them are not valid. If their bid’ah does not amount to shirk, such as reciting dhikrs that were narrated from the Prophet (peace and blessings of Allaah be upon him), but doing that in unison and swaying from side to side, then prayers offered behind them are valid, but the Muslim should look for an imam to pray behind who is not a follower of innovation, because that will increase his reward and is farther removed from evil. And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. Fataawa al-Lajnah al-Daa’imah, 7/353 And Allaah knows best. Islam Q&A (www.islam-qa.com) 21642: The ruling on wearing one’s adornment on the Day of Aashooraa Question: I am a student in the girls college and there is a huge number of shiah living among us. Currently they are wearing black for the occasion of Aashooraa . Is it permissible for us in response to wear bright colours and extra adornment for the sole purpose of annoying them?! Is it permissible for us to backbite about them and pray against them, knowing that they have clearly expressed hatred for us? And I have seen one of them wearing amulets on which are written mysterious words and she had a stick in her hand with which she was pointing to 153
Basis for Jurisprudence and Islamic Rulings
one of the students, and I was harmed by that and am still being harmed. May Allaah reward you with good. Answer: Praise be to Allaah. It is not permissible for you to wear fancy clothes or anything else on Aashooraa because that may make ignorant people or those with ulterior motives think that the Sunnis are happy about the killing of al-Husayn ibn Ali (may Allaah be pleased with them both), Allaah forbid that that happened with the approval of the Sunnis. With regard to your interactions with them by backbiting about them and praying against them, and other kinds of actions which are indicative of hatred, this serves no purpose. What we have to do is to strive to call them (to Islam) and to influence them and reform them. If a person is unable to do that, then he or she should turn away from them and leave the dawah activities for those who are able to do them, and not do anything that may put obstacles in the path of dawah. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: Because of the killing of al-Husayn, the Shaytaan started to spread two kinds of bidah (innovation) amongst the people: the bidah of grieving and wailing on the Day of Aashooraa, striking the cheeks, screaming, weeping and reciting eulogies ; and the bidah of expressing happiness and joy. So some express grief and others express joy, so they started to like the idea of wearing kohl, taking a bath, spending on their families and preparing special kinds of food on the day of Aashooraa and every bidah is a going astray; none of the four imams of the Muslims or others approved of either of these things (either expressing grief or expressing joy) 154
Basis for Jurisprudence and Islamic Rulings
(Minhaaj al-Sunnah, 4/554-556). Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 22722: Ruling on gathering to make du’aa’ and recite Qur’aan Question: In the Muslim community on our campus, there arose a controversy on issue of coming together on a set date to make dua’h (supplications), therein the whole Quran is recited(leaflets of the Quran are distributed and read simultaneously) and supplications made, for such reasons as; success in examination and beginning of semester exam. We want to ask if such prayers is established in the Shareeah of Islam. It will be appreciated if your responce is backed by Quran, Sunnah and Ijmaa of the salaf. Your Fatwa, backed with the requested evidences, will Insha Allah bring to rest the controversy. Answer: Praise be to Allaah. Firstly: The ruling on gathering to recite Qur’aan, whereby each of the people present takes a juz’ (part) of the Qur’aan at the same time, so that each of them can complete the juz’ that he has. The answer to this is what was stated in a fatwa of the Standing Committee (2/480), which was as follows: 155
Basis for Jurisprudence and Islamic Rulings
Firstly: gathering to recite and study the Qur’aan, whereby one of them recites and the others listen, and they study it together and explain the meanings, is something that is prescribed in Islam and is an act of worship that Allaah loves and for which He rewards greatly. It was narrated by Muslim in his Saheeh and by Abu Dawood from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “No people gather in one of the houses of Allaah, reciting the Book of Allaah and studying it together, but tranquillity descends upon them and mercy encompasses them, and the angels surround them, and Allaah mentions them to those who are with Him.” It is also prescribed to recite du’aa’ upon completing the Qur’aan, but not every single time, and there is no specific form of du’aa’ which is to be followed as if it were a Sunnah, because none of that has been proven from the Prophet (peace and blessings of Allaah be upon him); rather this is something that some of the Sahaabah did (may Allaah be pleased with them). Similarly there is nothing wrong with inviting those who attended the recitation to a meal, so long as that is not taken as a habit after every reading. Secondly: Giving ajza’ (parts) of the Qur’aan to those who attend the gathering so that each of them may read a part of the Qur’aan by himself is not regarded as meaning that each of them has completed the Qur’aan. Their intention of reading Qur’aan for the purpose of seeking blessing is not enough, because the purpose of reading Qur’aan is to draw closer to Allaah and to memorize Qur’aan, ponder its meanings, understand its rulings, learn lessons from it, earn reward and make one’s 156
Basis for Jurisprudence and Islamic Rulings
tongue get used to reciting it, etc. And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and upon his family and companions.” Secondly: There is no evidence to support the belief that this action (gathering to read Qur’aan in the manner mentioned) will have the effect of bringing a response to du’aa’, therefore it is not prescribed. There are many well-known means of seeking an answer to du’aa’s. just as there are many well-known impediments to receiving a response. The person who is making du’aa’ should pursue the means of receiving a response and avoid the impediments, and he should think well of his Lord, because Allaah is as His slave thinks He is. See also question no. 5113. Note: Evidence is required of the one who claims that something is prescribed in Islam, otherwise the basic principle with regard to acts of worship is that they are not allowed unless there is proven evidence that they are prescribed. Based on this, the evidence that this belief is not prescribed is the fact that there is no evidence to suggest that it is permitted. And Allaah knows best. Islam Q&A (www.islam-qa.com) 11938: Question about a strange Sufi way of worship Question: Brother my question is fairly long and I hope inshallah 157
Basis for Jurisprudence and Islamic Rulings
you will be able to answer it to the best of your knowledge using hadith and Quranic proof to backup what you are saying and please use as much proof as you possible can. See the problem that I am facing is regarding the way in which my parents perform Ibadah and this way that they perform it they would like me to do the same but I personally did not feel that it went in accordance with the sunnah. My parents have a sufistic Qadriyanni belief in which they belief the Prophet Mohammed S.A.W was a Noor and a human. A Sufi Alim who is a Mufti gave my dad a type of Ibadah style book written in Urdu and Dua’s in Arabic he told him to do this Ibadah in particular every single day and with Your children who are able to recite Quran and your wife loudly together. The form of Ibadah goes as following before starting he told us to recite the words ”Allahumma Salliallah Muhamadin Wa’lihi Wa Itratihi beadadikuli malumilaka he refers to it as Darud Qadri then he told us to recite these words 100 times “Subhanallahi wabihamdihi Subhanallahhilazeem Astagfirullahalazimalazi La Illaha Illa huwalhayalqayoom wa atoobu alayhi” then he told us to recite 7 times surah fatiha Then he told us to recite 100 times “Allahumma Salliallah Muhamadin Wa’lihi Wa Itratihi beadadikuli malumilaka he refers to it as Darud Qadri Then he told us to recite 79 times Surah allamnashra then recite surah Ikhlas 100 times Then recite 100 times these words “allahuma ya qadiyal hajate Then recite 100 times these words “allahuma ya dafi al balayati” 158
Basis for Jurisprudence and Islamic Rulings
then recite 100 times “allahuma ya ah lal mushkalati Then recite 100 times “allahuma ya kafiyal muhimati Then recite 100 times “Allahuma ya mujeebadawati Then recite 100 times “allahuma ya shafi mar da’” Then recite 100 times “Allahuma ya khayranaseereena” Then recite 100 times “Bihrahmatikaya ya arhamarahimeen Then recite 100 times “Allahuma ameen” The 2nd part to this Ibadah is the same thing accept some things changed around such as starting off with the words “hazbunallahu” 500 times and following it through the same way acept without Surah Allahmnashra or Ikhlas. Now I know some of these words are in the Quran and the surahs are for sure but I would like to know the meanings for everything english translation i’m sorry i cannot find it in arabic but try to soundout the meaning please. I would like to know if this form of Ibadah is in accordance with the Sunnah. If the Prophet Mohammed (S.A.W) ever recited it. My parents want me to do the Ibadah with them and they get very angry even if i question it the slightest bit because they say what do you know your so young. The alim who came has been studying for more then 60 years who are you to question them. So brother please answer my question in as much depth as possible and as much proof you can possibly have if this Dua is sunnah or just an innovation. As well i forgot to mention there is this other thing my parents want me to do after i do this supplication which is that i recite Surah 105 in the Quran and when it gets to a part where you say tarmihim to say tarmeem and take these rocks one by one bouncing them off of a metal bowl turned upside down covered with a red sheet to represent blood. My parents 159
Basis for Jurisprudence and Islamic Rulings
tell me this is to ask allah to strike down on the enemies of ours killing them off or something close to that. I would like to know of this is the sunnah of the Prophet MOhammed (S.A.W) or if its an innovation please provide lots of proof and be as clear as possible so my parents will understand. I know I am asking for a lot but I would really appreciate if you could answer me as soon as possible. Answer: Praise be to Allaah. The purpose for which we were created is to worship Allaah alone with no partner or associate, as Allaah says (interpretation of the meaning): “And I (Allaah) created not the jinn and mankind except that they should worship Me (Alone)” [al-Dhaariyaat 51:56] Allaah has not left us each to choose his own way of worship, rather He has sent His Messenger (peace and blessings of Allaah be upon him) and revealed His holy Book, to show people the way and guide them. So there is nothing that is worship and goodness and guidance that Allaah loves, but it has been explained by the Messenger (peace and blessings of Allaah be upon him). No two Muslims dispute that Muhammad (peace and blessings of Allaah be upon him) is the best and most pious of mankind, the one who worshipped Allaah and turned to Him the most. Hence the one who is truly guided is the one who follows his path and walks in his footsteps. Adhering to the path of the Prophet (peace and blessings of Allaah be upon him) is not something that is optional, 160
Basis for Jurisprudence and Islamic Rulings
rather it is an obligation that Allaah has enjoined upon His slaves, as He says (interpretation of the meaning): “And whatsoever the Messenger (Muhammad) gives you, take it; and whatsoever he forbids you, abstain (from it). And fear Allaah; verily, Allaah is Severe in punishment” [al-Hashr 59:7] “It is not for a believer, man or woman, when Allaah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allaah and His Messenger, he has indeed strayed into a plain error” [al-Ahzaab 33:36] “Indeed in the Messenger of Allaah (Muhammad) you have a good example to follow for him who hopes for (the Meeting with) Allaah and the Last Day” [al-Ahzaab 33:21] The Prophet (peace and blessings of Allaah be upon him) stated that every innovated kind of worship would be rejected and thrown back at the one who does it, no matter what it is. He said: “Every action that is not in accordance with this matter of ours [i.e., Islam] will be rejected.” Narrated by Muslim, 1718, from the hadeeth of ‘Aa’ishah (may Allaah be pleased with her). No deed will be accepted unless it is done sincerely for the sake of Allaah and in accordance with the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him). This is what is meant by the words of Allaah (interpretation of the meaning): “that He may test you which of you is best in deed” [al-Mulk 67:2] 161
Basis for Jurisprudence and Islamic Rulings
Al-Fudayl ibn ‘Iyyaad said: (This means) that which is most sincere and most correct. They said, O Abu ‘Ali, what most sincere and most correct? He said: If a deed is not sincere and not correct, it will not be accepted. If it is correct but is not sincere, it will not be accepted unless it is both sincere and correct. Sincere means that it is done for the sake of Allaah and correct means that it is in accordance with the Sunnah. Whoever wants to attain the pleasure of Allaah, he has to adhere to the Sunnah of His Messenger (peace and blessings of Allaah be upon him). All paths to Allaah are blocked, except this path, the path of His Prophet Muhammad (peace and blessings of Allaah be upon him). Because the Prophet (peace and blessings of Allaah be upon him) was compassionate towards his ummah and cared deeply for them, he did not leave anything good without explaining it to them. So whoever today invents an act of worship, dhikr or wird and claims that it is good, is accusing the Prophet (peace and blessings of Allaah be upon him) – whether he realizes it or not – of not conveying the religion as Allaah commanded him to do. Hence Imam Maalik (may Allaah have mercy on him) said: Whoever introduces any innovation into Islam claiming that it is good is implying that Muhammad (peace and blessings of Allaah be upon him) betrayed the message entrusted to him, because Allaah says (interpretation of the meaning): “This day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islam as your religion” [al-Maa’idah 5:3] So whatever was not part of the religion of Islam at that point should never be part of the religion of Islam today. 162
Basis for Jurisprudence and Islamic Rulings
The Sahaabah, Taabi’een and imams issued many warnings against innovation. Hudhayfah ibn al-Yamaan said: Every act of worship which the companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) did not do, do not do it. Ibn Mas’ood said: Follow and do not innovate, for the religion is complete. Adhere to the old way (i.e., the way of the Prophet (peace and blessings of Allaah be upon him) and the Sahaabah) The question which should be put to the one who invented this dhikr is: Did the Messenger of Allaah (peace and blessings of Allaah be upon him) do this? Did the Sahaabah do this? The obvious answer is that reciting these soorahs these number of times – 100 times or 7 or 79 – is something that was not narrated from the Prophet (peace and blessings of Allaah be upon him), or from any of his companions. The same is true of the du’aa’s recited in this manner for the number of times mentioned. It should be said to this innovator: do you think that you have discovered something good that was not known to the Prophet or his companions? Or do you think that you or your shaykh have the right to introduce new laws and to define news dhikrs and when they should be said and how often they should be repeated, just as the Messenger of Allaah (peace and blessings of Allaah be upon him) had that right? Undoubtedly both of these are manifest misguidance. Let us think about the report narrated from ‘Abd-Allaah 163
Basis for Jurisprudence and Islamic Rulings
ibn Mas’ood by al-Daarimi in his Sunan, according to which Abu Moosa al-Ash’ari said to ‘Abd-Allaah ibn Mas’ood: “O Abu ‘Abd al-Rahmaan, I have just seen in the mosque something new that I was not sure about, but I think I have not seen anything but something good, praise be to Allaah.” He said, “What was it?” He said, “You will see it tomorrow.” He said, “I saw some people in the mosque sitting in circles waiting for the prayer. In every circle there was a man and in their hands were pebbles. He would say, ‘Say Allaahu akbar one hundred times,’ so they would say Allaahu akbar (takbeer) one hundred times. Then he would say, ‘Say Laa ilaaha ill-Allaah (tahleel) one hundred times, so they would say Laa ilaaha ill-Allaah one hundred times. Then he would say, ‘Say Subhaan Allaah (tasbeeh) one hundred times,’ and they would say Subhaan Allaah one hundred times.” He said, “What did you say to them?” He said, “I did not say anything to them. I was waiting for your opinion.” He said, “Why did you not tell them to count their bad deeds and promise them that none of their good deeds would be lost?’ Then he went away and we went with him, until he came to one of those circles. He stood over them and said, “What is this that I see you doing?” They said, “O Abu ‘Abd al-Rahmaan, these are pebbles with which we count the takbeer, tahleel and tasbeeh.” He said, “Count your bad deeds, for I promise you that nothing of your good deeds will be lost. Woe to you, O ummah of Muhammad, how soon you have drifted into the way of doom even though the companions of your Prophet (peace and blessings of Allaah be upon him) are still alive amongst you, and his garments and the vessels 164
Basis for Jurisprudence and Islamic Rulings
he used are still not worn out or broken. By the One in Whose hand is my soul, either you are following a way that is more guided than the way of Muhammad (peace and blessings of Allaah be upon him), or you are starting a way that is the way of misguidance.” They said, “By Allaah, O Abu ‘Abd al-Rahmaan, we did not intend anything but good.” He said, “How many of those who intend good never attain it.” Not everyone who seeks or intends good attains it and is guided to it. Not every act of worship is accepted, unless it is in accordance with the Sunnah of Muhammad (peace and blessings of Allaah be upon him). This denunciation by Ibn Mas’ood (may Allaah be pleased with him) puts an end to the argument presented by innovators, because they always say, “What reason can there be not to recite dhikr, prayers and Qur’aan? We only intend good and to draw closer to Allaah.” It should be said to them: Worship must be something that is prescribed in sharee’ah in essence and in its form and the manner in which it is done. If a specific number is prescribed in sharee’ah then no one has the right to go beyond that, and if no number or way is specified then no one has the right to invent a limit for it, because that implies that one is assuming the role of a lawgiver. This is further supported by the report narrated from Sa’eed ibn al-Musayyib (may Allaah have mercy on him). He saw a man praying more than two rak’ahs after dawn had come (i.e., Fajr), and he told him not to do that. The man said, “O Abu Muhammad, will Allaah punish me for praying?!”
165
Basis for Jurisprudence and Islamic Rulings
He said, “No, but He will punish you for going against the Sunnah.” Look at the understanding of this great Taabi’i, may Allaah have mercy on him. That is because the regular Sunnah is to pray only two rak’ahs after the dawn has come, not more than that, then to pray the obligatory prayer of Fajr. A similar report was narrated from Imam Maalik (may Allaah have mercy on him). A man came to him and said: “O Abu ‘Abd-Allaah, from where should I enter ihraam?” He said, “From Dhu’l-Hulayfah, from where the Messenger of Allaah (peace and blessings of Allaah be upon him) entered ihraam.” He said, “I want to enter ihraam from the Mosque, from near the grave (meaning the grave of the Prophet (peace and blessings of Allaah be upon him)).” He said, “Do not do that, for I fear fitnah (trial, affliction) for you.” He said, “What fitnah is that? It is just a few miles I am adding.” He said, “What fitnah is greater than your thinking that you have found something good that the Messenger of Allaah (peace and blessings of Allaah be upon him) failed to do?! I heard that Allaah says (interpretation of the meaning): ‘And let those who oppose the Messenger’s (Muhammad’s) commandment (i.e. his Sunnah legal ways, orders, acts of worship, statements) (among the sects) beware, lest some Fitnah (disbelief, trials, afflictions, earthquakes, killing, overpowered by a tyrant) should befall them or a painful torment be inflicted on them’ [alNoor 24:63].” 166
Basis for Jurisprudence and Islamic Rulings
This is the understanding of the Sahaabah, Taabi’een and Imams. As for the people of bid’ah, they say, “What fitnah? It is only dhikr and prayer and a few miles by which we seek to draw closer to Allaah.” No wise person should be deceived by the words of these people, for the Shaytaan has made their deeds appear attractive to them, and they hate to go against their shaykhs and the leaders of their tareeqahs. Sufyaan ibn ‘Uyaynah (may Allaah have mercy on him) said: Bid’ah (innovation) is dearer to Iblees (Satan) than sin, because a person may repent from sin, but not from innovation. It should be noted that no one ever invents a bid’ah but he forsakes thereby a Sunnah that is equal to it or greater than it. Hence those who favour innovated dhikrs are the most ignorant of people about the Prophet’s dhikr which the Prophet (peace and blessings of Allaah be upon him) persisted in reciting. You will rarely find any of them who says in the morning and evening, Subhaan-Allaah wa bi hamdihi (Glory and praise be to Allaah) one hundred times; or Asbahna ‘ala fitrat il-Islam wa kalimat il-ikhlaas wa deeni nabiyyina Muhammad sall-Allaahu ‘alay wa sallim wa millati abeena Ibraaheema haneefan wa maa kaana min al-mushrikeen (We have awoken on the fitrah of Islam and the word of sincerity and the religion of our Prophet Muhammad (peace and blessings of Allaah be upon him) and the religion of our father Ibraaheem, pure monotheism, and he was not of those who associate others with Allaah); or Asbahna wa asbah al-mulk Lillaahi Rabb il-‘Aalameen. Allaahumma inni as’aluka khayra hadha’lyawm fa-thahu wa nasrahu wa noorahu wa barakatahu wa hudaahu, wa a’oodhu bika min sharri ma fihi wa sharri ma ba’dahu (We have awoken and dominion belongs to Allaah, the Lord of the Worlds. O Allaah I ask You for the good of this day and its goodness, support, 167
Basis for Jurisprudence and Islamic Rulings
help, light, blessing and guidance. And I seek refuge with You from the evil of what is in it and the evil of what comes after it): or Subhaan Allaah ‘adada khalqihi, Subhaan Allaah ridaa nafsihi, Subhaan Allaah zinata ‘arshihi, Subhaan Allaah midaada kalimaatihi (Glory be to Allaah the number of His creation, Glory be to Allaah as much as He is pleased with, Glory be to Allaah the weight of His Throne, Glory be to Allaah the extent of His words). And there are other dhikrs with which you may be content, from the books that contain the dhikrs for the morning and the evening, etc. The point is that it is not permissible to join your parents in these innovated dhikrs and say them the number of times you mention. With regard to what you mentioned about Soorat al-Feel and throwing stones when saying tarmeehim (striking them), this is a myth and is nonsense. It is not permissible to do this or to seek to draw closer to Allaah by doing it. How many enemies did the Messenger of Allaah (peace and blessings of Allaah be upon him) confront, and he did not pray against them in this manner. There is the fear that this is a way of drawing closer to the devils and seeking their help. With regard to the belief that the Prophet (peace and blessings of Allaah be upon him) was light (noor), there is no basis for this and it was not narrated either in the Qur’aan or saheeh Sunnah. Allaah has told us that the Prophet Muhammad (peace and blessings of Allaah be upon him) was a human being like us, except that Allaah favoured him with revelation and the message. Allaah says (interpretation of the meaning):
168
Basis for Jurisprudence and Islamic Rulings
“Say (O Muhammad): ‘I am only a man like you. It has been revealed to me that your Ilaah (God) is One Ilaah (God i.e. Allaah)’” [al-Kahf 18:110] “Say (O Muhammad): ‘I am only a human being like you. It is revealed to me that your Ilaah (God) is One Ilaah (God — Allaah), therefore take Straight Path to Him (with true Faith Islamic Monotheism) and obedience to Him, and seek forgiveness of Him. And woe to AlMushrikoon (the polytheists, idolaters, disbelievers in the Oneness of Allaah)’” [Fussilat 41:6] Some of the extreme Sufis believe that he was light, and that he was the first thing created by Allaah, and that the rest of creation was created from his light. This is a lie and is misguidance for which they have no evidence apart from a false, fabricated hadeeth. We ask Allaah to help you and your parents to avoid innovation and its people. And Allaah knows best. Islam Q&A (www.islam-qa.com) 36769: If he does the farewell tawaaf, he should go out walking normally and should not walk with his face towards the Ka’bah Question: Some of the pilgrims, after performing the farewell tawaaf, do not turn their backs towards the Ka’bah, rather they
169
Basis for Jurisprudence and Islamic Rulings
walk backwards, with their faces towards the Ka’bah, until they exit the Mosque. Is this part of the Sunnah?. Answer: Praise be to Allaah. This action is not part of the Sunnah, rather it is a reprehensible innovation. This is what some people do, claiming to venerate the Ka’bah thereby. If this was really a sign of respect for the Ka’bah, you would find that the Prophet (peace and blessings of Allaah be upon him) and the Sahaabah did that, but there are no reports to suggest that. Shaykh Ibn Baaz said: When (the pilgrim) has finished bidding farewell to the House and wants to leave the mosque, he should walk normally, facing forwards, until he exits. He should not walk backwards, because there is no report that the Prophet (peace and blessings of Allaah be upon him) or his companions did this, rather it is an innovation (bid’ah). The Prophet (peace and blessings of Allaah be upon him) said, “Whoever does any action that is not part of this matter of ours (i.e., Islam) will have it rejected.” Narrated by Muslim, 1718. And he (peace and blessings of Allaah be upon him) said: “Beware of newly-invented matters, for every newly-invented matter is an innovation and every innovation is a going astray.” Narrated by Abu Dawood, 4607; classed as saheeh by al-Albaani in Saheeh Abi Dawood. We ask Allaah to make us steadfast in adhering to His religion, and to keep us safe from anything that goes against it, for He is the Most Generous, Most Kind. Shaykh Ibn ‘Uthaymeen said, when listing the mistakes that some people make during the farewell tawaaf: 170
Basis for Jurisprudence and Islamic Rulings
Some of them exit the mosque, after the farewell tawaaf, walking backwards, claiming that they are venerating the Ka’bah thereby. This goes against the Sunnah, rather it is the kind of innovation (bid’ah) against which the Messenger of Allaah (peace and blessings of Allaah be upon him) warned us when he said: “Every innovation is a going astray.” Innovation (bid’ah) means everything that has been invented in ‘aqeedah (belief) or ‘ibaadah (worship) that goes against the way of the Messenger of Allaah (peace and blessings of Allaah be upon him) and his Rightly-Guided Caliphs. Does this person who walks backwards and claims to be venerating the Ka’bah think that he is venerating it more than the Messenger of Allaah (peace and blessings of Allaah be upon him) did? Or does he think that the Prophet (peace and blessings of Allaah be upon him) and the Rightly-Guided Caliphs did not know that this was an act of veneration towards the Ka’bah?! Manaasik al-Hajj wa’l-‘Umrah, p. 135. Fataawa al-Shaykh Ibn Baaz, 16/98. Islam Q&A (www.islam-qa.com) 22752: Warning against the book Dalaa’il al-Khayraat Question: Is it permissible to practice salawat to prophet(s.a.w) that stated in the ketab Dalailul Khairat.Is it true every salawat that stated in that ketab have their own specialty. Answer: Praise be to Allaah.
171
Basis for Jurisprudence and Islamic Rulings
It is not permissible to rely on the book Dalaa’il alKhayraat wa Shawaariq al-Anwaar fi Dhikr al-Salaah ‘ala al-Nabiy al-Mukhtaar, because it is full of things that go against Islamic teachings, and of phrases that represent shirk, and da’eef (weak) and mawdoo’ (fabricated) hadeeths. We will discuss this in more detail in sha Allah. The Muslim should beware of attributing words to the Prophet (peace and blessings of Allaah be upon him) without knowing how sound they are, because telling lies about him is not like telling lies about anyone else. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever tells lies about me, let him take his place in Hell.” Narrated by al-Bukhaari, 107; Muslim, 3. And he said: “Do not tell lies about me, for whoever tells lies about me, will enter Hell.” Narrated by al-Bukhaari, 106). And he said: “Whoever narrated a hadeeth from me knowing that it is false, then he is one of the liars.” (Narrated by Muslim, 1). The best way of sending blessings upon the Prophet (peace and blessings of Allaah be upon him) is that which he taught to his companions: Al-Bukhaari (6357) and Muslim (406) narrated that ‘Abd al-Rahmaan ibn Abi Layla said: Ka’b ibn ‘Ujrah met me and said to me, Shall I not give you a gift? The Prophet (peace and blessings of Allaah be upon him) came out to us and we said, “O Messenger of Allaah, we know how to send salaams upon you, but how should we send blessings upon you?” He said, “Say: Allaahumma salli ‘ala Muhammad wa ‘ala aali Muhammad kama salayta ‘ala aali Ibraaheem, innaka hameedun majeed; Allaahumma baarik ‘ala Muhammad wa ‘ala aali 172
Basis for Jurisprudence and Islamic Rulings
Muhammad kama baarakta ‘ala aali Ibraaheem, innaka hameedun majeed (O Allaah, send prayers upon Muhammad and upon the family of Muhammad, as You sent prayers upon the family of Ibraaheem, verily You are Worthy of Praise, Full of Glory. O Allaah, send blessings upon Muhammad and upon the family of Muhammad, as You sent blessings upon the family of Ibraaheem, verily You are Worthy of Praise, Full of Glory). Al-Bukhaari (3369) and Muslim (6360) narrated from Abu Humayd al-Saa’idi (may Allaah be pleased with him) that they said: “O Messenger of Allaah, how should we send blessings upon you?” The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Say Allaahumma salli ‘ala Muhammadin wa azwaajihi wa dhurriyyatihi kama salayta ‘ala aali Ibraaheem, wa baarik ‘ala Muhammadin wa azwaajihi wa dhurriyyatihi kama baarakta ‘ala aali Ibraaheem, innaka hameedun majeed (O Allaah, send prayers upon Muhammad and his wives and progeny as You sent prayers upon the family of Ibraaheem, and send blessings upon Muhammad and his wives and progeny as You sent blessings upon the family of Ibraaheem, verily You are Worthy of Praise, Full of Glory). Al-Suyooti (may Allaah have mercy on him) said: I read in al-Tabaqaat by al-Taaj al-Subki, quoting from his father, the words: “The best words with which a person can send blessings upon the Prophet (peace and blessings of Allaah be upon him) are the words that appear in the Tashahhud. He said: Whoever says these words has sent blessings upon the Prophet (peace and blessings of Allaah be upon him) for certain, and whoever says any other words, there is some doubt as to whether he has sent blessings in the required manner, because they said, ‘How should we send 173
Basis for Jurisprudence and Islamic Rulings
blessings upon you?’ and he said, ‘Say…’ So he stated that sending blessings upon him is done in that manner. He said: When I was young, when I sent blessings upon the Prophet (peace and blessings of Allaah be upon him) I used to say, ‘Allaahumma salli wa baarik wa sallam ‘ala Muhammad wa ‘ala aali Muhammad, kama salayta wa baarakta wa salamta ‘ala Ibraaheem was ‘ala aali Ibraaheem, innaka hameedun majeed (O Allaah, send prayers and blessings and peace upon Muhammad and upon the family of Muhammad, as You sent prayers and blessings and peace upon Ibraaheem and the family of Ibraaheem), but then it was said to me in a dream, Are you more eloquent or concise or more knowledgeable about the meanings of words than the Prophet (peace and blessings of Allaah be upon him)? If there had been any more eloquent words, the Prophet (peace and blessings of Allaah be upon him) would not have chosen these words. So I sought forgiveness for that and went back to the words of the Prophet (peace and blessings of Allaah be upon him). And he said: If anyone swears to send the best of prayers upon the Prophet (peace and blessings of Allaah be upon him), then these words are the best he can say. Quoted from al-Sunan wa’l-Mubtada’aat by Muhammad ‘Abd al-Salaam al-Shuqayri, p. 232 And Allaah knows best. Islam Q&A (www.islam-qa.com) 31200: What is al-waneesah Question: What is al-waneesah? What is the ruling on it and what is the reward for it?.
174
Basis for Jurisprudence and Islamic Rulings
Answer: Praise be to Allaah. When we were asked about al-waneesah we were told that it means staying overnight at the grave on the first night after the burial, to give comfort to the deceased, as they claim. This is a kind of reprehensible innovation (bid’ah) which has no basis in the actions of the Prophet (peace and blessings of Allaah be upon him) or of his companions. If it were something good they would have done it before us. Because no such thing has been narrated to us from them, even though so many people died during their lifetime, it may be understood that there is nothing good in this practice. The basic principle concerning acts of worship is to follow only that which is narrated in the Qur’aan and Sunnah, and not to introduce new and innovated forms of worship. Allaah can only be worshipped in the manner that He has prescribed in His Book or on the lips of His Messenger (peace and blessings of Allaah be upon him). There is no reward for doing acts of bid’ah, rather they will be rejected and thrown back at the one who does them, as the Prophet (peace and blessings of Allaah be upon him) said: “Whoever innovates something in this matter of ours [Islam] that is not part of it, will have it rejected.” Narrated by al-Bukhaari, 2697; Muslim, 1718). It is also misguidance, as he said: “The worst of matters are those which are newly-innovated. Every innovation is a going astray.” Narrated by Muslim, 867. Al-Nasaa’i (1578) added: “And every going astray will be in the Fire.” There is the fear that fitnah (trials, afflictions) will befall the person who practices this innovation, as Allaah says (interpretation of the meaning): 175
Basis for Jurisprudence and Islamic Rulings
“And let those who oppose the Messenger’s (Muhammad’s) commandment (i.e. his Sunnah legal ways, orders, acts of worship, statements) (among the sects) beware, lest some Fitnah (disbelief, trials, afflictions, earthquakes, killing, overpowered by a tyrant) should befall them or a painful torment be inflicted on them” [al-Noor 24:63] Ibn Katheer (may Allaah have mercy on him) said in his commentary: “Let those who go against the command of the Messenger of Allaah (peace and blessings of Allaah be upon him), which is his way, his path, his Sunnah and his sharee’ah, beware, Words and deeds will be weighed against his words and deeds; whatever is in accordance with them will be accepted, and whatever goes against them will be rejected and thrown back at the one who says or does them, no matter who he is, as it was proven in al-Saheehayn and elsewhere that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Whoever does an action that is not part of this matter of ours [Islam] will have it rejected.’ And let the one who goes against the sharee’ah of the Messenger whether inwardly or outwardly beware ‘lest some Fitnah (disbelief, trials, afflictions, etc) should befall them’ i.e., lest their hearts be afflicted with kufr, hypocrisy or bid’ah, ‘or a painful torment be inflicted on them’ i.e., in this world by means of killing, a hadd punishment, imprisonment and the like.” The deceased does not need any of the living to comfort him, because he is preoccupied with his own reckoning and being rewarded or punished for his deeds, as the Prophet (peace and blessings of Allaah be upon him) explained in the lengthy hadeeth of al-Baraa’ ibn ‘Aazib: “When the believing slave is about to depart this world and enter the Hereafter, there come down to him from 176
Basis for Jurisprudence and Islamic Rulings
heaven angels with white faces like the sun, and they sit around him as far as the eye can see. They bring with them shrouds from Paradise and perfumes from Paradise. Then the Angel of Death comes and sits by his head, and he says, ‘O good soul, come forth to forgiveness from Allaah and His pleasure.’ Then it comes out easily like a drop of water from the mouth of a waterskin. When he seizes it, they do not leave it in his hand for an instant before they take it and put it in that shroud with that perfume, and there comes from it a fragrance like the finest musk on the face of the earth. Then they ascend and they do not pass by any group of angels but they say, ‘Who is this good soul?’ and they say, ‘It is So and so the son of So and so, calling him by the best names by which he was known in this world, until they reach the lowest heaven. They ask for it to be opened to them and it is opened, and (the soul) is welcomed and accompanied to the next heaven by those who are closest to Allaah, until they reach the seventh heaven. Then Allaah says: ‘Record the book of My slave in ‘Illiyoon in the seventh heaven, and return him to the earth, for from it I created them, to it I will return them and from it I will bring them forth once again.’ So his soul is returned to his body and there come to him two angels who make him sit up and they say to him, ‘Who is your Lord?’ He says, ‘Allaah.’ They say, ‘What is your religion?’ He says, ‘My religion is Islam.’ They say, ‘Who is this man who was sent among you?’ He says, ‘He is the Messenger of Allaah (peace and blessings of Allaah be upon him).’ They say, ‘What did you do?’ He says, ‘I read the Book of Allaah and I believed in it.’ Then a voice calls out from heaven, ‘My slave has spoken the truth, so prepare for him a bed from Paradise and clothe him from Paradise, and open for him a gate to Paradise.’ Then there comes to him some of its fragrance, and his grave is made wide, as far as he can see. Then there comes to him a man with a handsome face and handsome clothes, and a good fragrance, who says, 177
Basis for Jurisprudence and Islamic Rulings
‘Receive the glad tidings that will bring you joy this day.’ He says, ‘Who are you? Your face is a face which brings glad tidings.’ He says, ‘I am your righteous deeds.’ He says, ‘O Lord, hasten the Hour so that I may return to my family and my wealth.’” And he said: “But when the disbelieving slave is about to depart this world and enter the Hereafter, there come down to him from heaven angels with black faces, bringing sackcloth, and they sit around him as far as the eye can see. Then the Angel of Death comes and sits by his head, and he says, ‘O evil soul, come forth to the wrath of Allaah and His anger.’ Then his soul disperses inside his body, then comes out cutting the veins and nerves, like a skewer passing through wet wool. When he seizes it, they do not leave it in his hand for an instant before they take it and put it in that sackcloth, and there comes from it a stench like the foulest stench of a dead body on the face of the earth. Then they ascend and they do not pass by any group of angels but they say, ‘Who is this evil soul?’ and they say, ‘It is So and so the son of So and so, calling him by the worst names by which he was known in this world, until they reach the lowest heaven. They ask for it to be opened to them and it is not opened.” Then the Messenger of Allaah (peace and blessings of Allaah be upon him) recited (interpretation of the meaning): “for them the gates of heaven will not be opened, and they will not enter Paradise until the camel goes through the eye of the needle” [al-A’raaf 7:40] He said: “Then Allaah says, ‘Record the book of My slave in Sijjeen in the lowest earth, and return him to the earth, for from it I created them, to it I will return them and 178
Basis for Jurisprudence and Islamic Rulings
from it I will bring them forth once again.’ So his soul is cast down.” Then the Messenger of Allaah (peace and blessings of Allaah be upon him) recited the verse (interpretation of the meaning): “and whoever assigns partners to Allaah, it is as if he had fallen from the sky, and the birds had snatched him, or the wind had thrown him to a far off place” [al-Hajj 22:31] He said: “Then his soul is returned to his body, and there come to him two angels who make him sit up and they say to him, ‘Who is your Lord?’ He says, ‘Oh, oh, I don’t know.’ They say, ‘What is your religion?’ He says, ‘Oh, oh, I don’t know.’ Then a voice calls out from heaven, ‘Prepare for him a bed from Hell and clothe him from Hell, and open for him a gate to Hell.’ Then there comes to him some of its heat and hot winds, and his grave is constricted and compresses him until his ribs interlock. Then there comes to him a man with an ugly face and ugly clothes, and a foul stench, who says, ‘Receive the bad news, this is the day that you were promised.’ He says, ‘Who are you? Your face is a face which forebodes evil.’ He says, ‘I am your evil deeds.’ He says, ‘O Lord, do not let the Hour come.’” Narrated by Ahmad, 18557; classed as saheeh by alAlbaani in Saheeh al-Jaami’, no. 1676 And Allaah knows best. Islam Q&A (www.islam-qa.com) 37638: Ruling on celebrating al-Qarqee’aan Question: What is the ruling on celebrating al-Qarqee’aan, which 179
Basis for Jurisprudence and Islamic Rulings
occurs on the ayyaam al-beed of Ramadaan, i.e., the 13th, 14th and 15th, on which sweets and snacks are distributed to children? It is known by different names in the Gulf countries, such as Qaranqa’u . Answer: Praise be to Allaah. Celebrating the fifteenth night of Ramadaan or any other day as the festival of al-Qarqee’aan is an innovation (bid’ah) for which there is no basis in Islam, and every innovation is a going astray. So we should not do this and we should warn others against it. It is not permissible to celebrate it anywhere, whether in schools, institutions or anywhere else. What is prescribed on the nights of Ramadaan in addition to offering the obligatory prayers, is to strive in praying qiyaam (i.e., Taraaweeh), to recite Qur’aan and to make du’aa’. Al-Lajnah al-Daa’imah li’l-Ifta, fatwa no. 15532. Shaykh ‘Abd-Allaah ibn ‘Abd al-Rahmaan ibn Jibreen was asked about this celebration and he replied: There is no basis for this festival in sharee’ah or in the customs of the people. Because it involves these actions and also dancing, playing musical instruments, expressing joy and the things mentioned in the question, it is an innovation (bid’ah) which must be denounced and put a stop to, and it is not permissible to approve of it or take this matter lightly. And Allaah knows best. Islam Q&A (www.islam-qa.com) 180
Basis for Jurisprudence and Islamic Rulings
37841: Uttering the intention out loud for salaat alTaraaweeh and other prayers is bid’ah Question: During Ramadan we pray salat al-taraweeh, what is to be said in the beginning of the prayer. for example nawatu asalee lillah al atheem fe ta’at rubee al kareem rika’tein sinit........ Answer: Praise be to Allaah Uttering the intention out loud when one is going to pray is bid’ah (an innovation), whether that is for Taraaweeh prayers or any other prayer. Ibn al-Qayyim said in Zaad al-Ma’aad (1/201): When the Prophet (peace and blessings of Allaah be upon him) stood up to pray, he would say: “Allaahu akbar,” and he did not say anything before that, or utter the intention (niyyah) out loud at all. He did not say, “I am going to pray such-and-such a prayer, facing the qiblah, four rak’ahs, as an imam or following an imam.” And he did not say “ada’an (on time)” or “qadaa’an (making up a missed prayer)” or “fard al-waqt (the obligatory prayer of this time).” These are all bid’ahs which were not narrated by any scholar with any isnaad, be it saheeh, da’eef, musnad or mursal … Neither was this narrated from any of the Prophet’s companions, and none of the Taabi’een or the four imams described it as mustahabb. See also question no. 13337 So the Muslim should have the intention of praying 181
Basis for Jurisprudence and Islamic Rulings
Taraaweeh in his heart only, and not utter anything out loud. And Allaah knows best. Islam Q&A (www.islam-qa.com) 37643: Uttering the intention to fast out loud is an innovation (bid’ah) Question: In India we make the niyah of Saum as “ALLAH HUMMA ASOOMO JADAN LAKA FAGFIRLEE MA KADDAMTU WA MA AKHARTU”, I am not sure of the meaning, but is it the right niyah?if yes please explain the meaning or please give me the right niyah proved by Qu`ran and Hadith. Answer: Praise be to Allaah. The Ramadaan fast and other acts of worship are not valid unless accompanied by the proper intention, because the Prophet (peace and blessings of Allaah be upon him) said: “Actions are but by intentions, and everyone shall have but that which he intended…” (Narrated by al-Bukhaari, 1; Muslim, 1907) The intention is subject to the condition that it be made at night, before the dawn comes, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does not intend to fast before dawn, there is no fast for him.” Narrated by al-Tirmidhi, 730. According to a version narrated by al-Nasaa’i (2334): “Whoever does not intend 182
Basis for Jurisprudence and Islamic Rulings
to fast from the night before, there is no fast for him.” Classed as hasan by al-Albaani in Saheeh al-Tirmidhi, 573. What is meant is that whoever does not intend to fast and resolve to do so from the night before, his fast is not valid. The intention (niyyah) is an action of the heart. The Muslim should resolve in his heart that he is going to fast tomorrow. It is not prescribed for him to utter it out loud and say, “I intend to fast” or “I will fast tomorrow” or other phrases that have been innovated by some people. The correct intention is when a person resolves in his heart that he is going to fast tomorrow. Hence Shaykh al-Islam Ibn Taymiyah said in alIkhtiyaaraat (p. 191): If it crosses a person’s mind that he is going to fast tomorrow, then he has made the intention. The Standing Committee was asked: How should a person intend to fast Ramadaan? They replied: The intention is done by resolving to fast. It is essential that the intention to fast Ramadaan be made every night. Fataawa al-Lajnah al-Daa’imah, 10/246 And Allaah knows best. Islam Q&A (www.islam-qa.com) 37683: Du’aa’ for completing the Qur’aan (khatam) Question: Many muslims during ramadhan read the quran and when 183
Basis for Jurisprudence and Islamic Rulings
on completion on the quran they have a so called “hatham” this is common for peopls from the indian subcontinant.What i want to know is is this “hatham” a sunnah of the rasool??or is it a bidah??. The “hatham” is usually by an imam,where he will recite a few duas from and read onto food which will be eaten and distributed to many people. please could you answer this because this is also practised when someone dies and and on every thursday evenning.if there is such a hadith on this practise please could u give me the reference?. Answer: Praise be to Allaah. Du’aa’ for completing the Qur’aan in the manner asked about here is a reprehensible innovation (bid’ah), which was not done by the Prophet (peace and blessings of Allaah be upon him) or by the righteous salaf (may Allaah be pleased with them). If it had been something good, they would have done it before us. Rather what is narrated from the salaf is to make du’aa’ after completing the Qur’aan, without stipulating any specific du’aa’ or any particular way of doing it. So if the Muslim completes the Holy Qur’aan, whether in Ramadaan or at other times, it is mustahabb for him to raise his hands and call upon Allaah, asking Him for the best in this world and in the Hereafter. Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: Is there a specific du’aa’ for completing the Qur’aan? He said: There is no evidence that there is a specific du’aa’ for 184
Basis for Jurisprudence and Islamic Rulings
this as far as I know. Hence it is permissible for a person to make du’aa’ as he wishes and to choose beneficial supplications such as praying to be forgiven, to be granted Paradise and to be saved from Hell, seeking refuge with Allaah from fitnah (temptation, tribulation), asking for help to understand the Qur’aan in the manner that Allaah is pleased with and to act upon it and memorize it, etc., because it was proven that Anas (may Allaah be pleased with him) used to gather his family when he completed the Qur’aan and make du’aa’. Majmoo’ Fataawa Ibn Baaz, 11/358. With regard to reciting that over food and distributing it, and doing that when someone dies and on Thursdays, all of that is bid’ah (innovation). The Prophet (peace and blessings of Allaah be upon him) has commanded us to adhere to his Sunnah and the way of the Rightly-Guided caliphs, and he has forbidden us to introduce innovations into the religion. He has told us that this is misguidance, and that bid’ahs will be rejected and thrown back at the one who does them, and he will not be rewarded for them. Abu Dawood (4607) narrated from al-‘Irbaad ibn Saariyah that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever among you lives after I am gone will see great differences. I urge you to adhere to my Sunnah and the way of the Rightly-Guided caliphs. Adhere to it and cling firmly to it. And beware of newly-innovated matters, for every newly-innovated matter is a bid’ah, and every bid’ah is a going-astray.” Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 3851. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever does any action that is not in accordance 185
Basis for Jurisprudence and Islamic Rulings
with this matter of ours (Islam) will have it rejected.” Narrated by Muslim, 1718. And Allaah knows best. Islam Q&A (www.islam-qa.com) 37753: Communal du’aa’ after Taraaweeh prayer Question: My question is about the saheeh Sunnah with regard to Taraaweeh prayer and what innovations have been introduced into it, and the communal du’aa’ after Taraaweeh prayer. May Allaah reward you with all good on my behalf and on behalf of the Muslims. Answer: Praise be to Allaah. With regard to the first part of your question, please see the section on Taraaweeh prayer and Laylat al-Qadr under the heading of Fasting on this website. With regard to communal du’aa’ after Taraaweeh prayer, this action is an innovation (bid’ah). The Prophet (peace and blessings of Allaah be upon him) said, “Whoever does an action that is not part of this matter of ours (Islam), will have it rejected.” Narrated by Muslim, 3243. What was narrated from the Prophet (peace and blessings of Allaah be upon him) was that after Taraaweeh prayer he would say, “Subhaan al-Malik al-Quddoos (Glory be to the Sovereign, the Most Holy)”, three times, raising his voice on the third time. 186
Basis for Jurisprudence and Islamic Rulings
Ahmad (14929), Abu Dawood (1430) and al-Nasaa’i (1699) narrated that Ubayy ibn Ka’b (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to recite in Witr “Sabbih isma Rabbika al-A’la (Glorify the name of your Lord, the Most High)…” [i.e., Soorat al-A’laa 87] and Qul yaa ayyuha’l-kaafiroon (Say (O Muhammad), ‘O al-Kaafiroon (disbelievers))…’” [i.e., Soorat alKaafiroon 109] and “Qul Huwa Allaahu ahad (Say (O Muhammad), ‘He is Allaah, (the) One)…” [i.e., Soorat al-Ikhlaas 112]. And after he said the tasleem he would say “Subhaan al-Malik al-Quddoos, Subhaan al-Malik al-Quddoos, Subhaan al-Malik al-Quddoos (Glory be to the Sovereign, the Most Holy; Glory be to the Sovereign, the Most Holy; Glory be to the Sovereign, the Most Holy)”, raising his voice. Classed as saheeh by al-Albaani in Saheeh al-Nasaa’i, 1653. Then in Witr prayer the imam will recite du’aa al-qunoot and the worshippers will say Ameen behind him, as Ubayy ibn Ka’b (may Allaah be pleased with him) used to do when he led the people in praying Taraaweeh at the time of ‘Umar (may Allaah be pleased with him). So there is no need to introduce this bid’ah. How true are the words of the one who said, “All goodness is in following those who came before, and all evil is in the innovation of those who came later.” And Allaah knows best. Islam Q&A (www.islam-qa.com) 26867: Remembering Allaah by repeating a single name such as “Allaah” Question: Using the names of Allah as Dhikr counts as Bid’ah or 187
Basis for Jurisprudence and Islamic Rulings
counting on fingers or beats? & using the names of Allah as for the specific benefit counts as Bid’ah? Answer: Praise be to Allaah. With regard to the ruling on the masbahah (“prayer beads”), this had already been discussed in Question no. 3009. With regard to remembering Allaah by saying a single name such as “Allaah” repeatedly, this is not narrated in sharee’ah, and there is no proof for that from the Prophet (peace and blessings of Allaah be upon him) or from any of his companions. If it was something good they would have done it before us. All goodness is in following those who came before us, and all evil is in the innovations of those who came later. The Standing Committee was asked about someone who remembers Allaah by saying “Ya Lateef” repeatedly. They replied: That is not permissible because it was not narrated from the Prophet (peace and blessings of Allaah be upon him). Rather it was proven that he said: “Whoever innovates something in this matter of ours (i.e., Islam) that is not part of it, will have it rejected.” According to another version: “Whoever does any action that is not part of this matter of ours will have it rejected.” Fataawa al-Lajnah al-Daa’imah, 2/379 With regard to the questioner saying that they say, “Hu, Hu, Hu” – those people are adding to their bid’ah because 188
Basis for Jurisprudence and Islamic Rulings
they are calling Allaah by a word by which He did not call Himself. “Hu” is not one of the names of Allaah. See Fataawa al-Lajnah al-Daa’imah, 2/185 And Allaah knows best. Islam Q&A (www.islam-qa.com) 34566: How du’aa’ after prayer should be recited Question: Can we make our own supplication after every Fard Prayer? And reciting (2:255 verse of the Quran) NOTES: “Ya Hafeez O” (for protection) , “Ya Salaam O” (for peace) like that……. Quran says: “And (all) the Most Beautiful Names belong to Allaah, so call on Him by them”al-A’raaf 7:180 The innovated adhkaar (dhikr) such as saying the name of Allaah on its own (“Allaah…Allaah… Allaah”) or the pronoun (“Hu… Hu… Hu…”, meaning “He… He… He…”). This is a new thing that has been innovated in the religion, intended as worship of Allaah, but there is no evidence for this, either specific or general… so it is bid’ah. Answer: Praise be to Allaah. 189
Basis for Jurisprudence and Islamic Rulings
There is nothing wrong with the Muslim calling upon his Lord with names that match what he is asking for. The Standing Committee said: The one who is calling upon Allaah may seek to reach Him by means of any of His beautiful names by which He has called Himself or by which His Messenger (peace and blessings of Allaah be upon him) called Him. If he chooses names that suit what he is asking for, that is better. For example, he can say “Ya Mugheeth aghithni (O Reliever, help me), Yaa Rahmaan irhamni (O Most Merciful, have mercy on me), Rabb ighfir li wa arhamni innaka anta al-Tawwaab al-Raheem (O Lord, forgive me and have mercy on me, for You are the One Who accepts repentance, the Most Merciful).” Fataawa al-Lajnah alDaa’imah, 1/91. But making up a du’aa’ to be said after prayer is a kind of innovation or bid’ah. See Questions nos. 32443 and 10491. Moreover, it is better to make du’aa’ in the prayer itself, when prostrating and before saying the tasleem. With regard to making du’aa’ after the tasleem, it is not proven that the Prophet (peace and blessings of Allaah be upon him) did this. With regard to reciting the verse (interpretation of the meaning): “And (all) the Most Beautiful Names belong to Allaah, so call on Him by them, and leave the company of those who belie or deny (or utter impious speech against) His Names. They will be requited for what they used to do” [al-A’raaf 7:180] – or reciting the last verses of Soorat al-Baqarah after prayer, there is no evidence for that in the Sunnah. Rather 190
Basis for Jurisprudence and Islamic Rulings
it was narrated that the Prophet (peace and blessings of Allaah be upon him) used to recite the last two verses of Soorat al-Baqarah every night. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever recites the last two verses of Soorat alBaqarah at night, that will suffice him.” Narrated by al-Bukhaari, 4008; Muslim, 807 It was said that what this means is that it will be sufficient for him so he does not need to pray qiyaam al-layl, or that they will suffice to protect him from the Shaytaan, or from all evil. Al-Shawkaani said: There is no reason why it should not mean all these things… for the bounty of Allaah is immense. Al-Haafiz said: It may be that it means all of the above. Al-Nawawi said: It may be that all are meant. And Allaah knows best. Islam Q&A (www.islam-qa.com) 14623: Making du’aa’ together for one who has given charity Question: Some people who gather together to receive charity that is to be shared out among them put their hands on it, and one of them makes du’aa’ for the donor, and the others say “Ameen” in loud voices. Is this action correct?. Answer: Praise be to Allaah. 191
Basis for Jurisprudence and Islamic Rulings
This way of making du’aa’ is not appropriate, because it is bid’ah. Making du’aa’ for the donor without putting one’s hands on the wealth given in charity and without raising voices in unison in the manner described is something that is prescribed in sharee’ah, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does you a favour, then return it in kind; if you cannot do that then keep making du’aa’ for him until that you think that you have returned the favour.” (Narrated by Abu Dawood and al-Nasaa’i with a saheeh isnaad). Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li’lShaykh Ibn Baaz, 6/336 (www.islam-qa.com) 22828: Is it permissible to pray on behalf of someone who does not pray? Question: say if someoe close in yuor family does not read namaz and u tel this person to pray bt they dont listen.......can i pray for them , i mean can i do thir prayers?because i know they will not pray. Answer: Praise be to Allaah. Prayer is one of the pillars of Islam and it is not valid except when done by the one who is obliged to do it. Not praying is kufr which puts a person beyond the pale of Islam; see question no. 2182. It is not permissible for you to offer prayers on behalf of someone else who does not pray. This ruling is one upon which there is consensus and there is no difference of opinion among the scholars. 192
Basis for Jurisprudence and Islamic Rulings
Ibn Qudaamah said: “The visible acts of worship such as prayer, fasting, purifying oneself (wudoo’) cannot be delegated to others because they have to do with the body of the person who is obliged to do them, so no one else can take his place, except in the case of a vowed fast, which a person may do on behalf of one who has died, but this cannot be done by way of delegation. Al-Mughni, 5/207 You have to keep on advising this person to pray, and encouraging him and warning him. May Allaah open his heart to beneficial words. And Allaah knows best. Islam Q&A (www.islam-qa.com) 27029: Ruling on offering a sacrifice when building of the mosque is completed Question: When the building of a mosque is completed, some people say that it is not permissible to deliver a Jumu’ah khutbah or to offer any of the prescribed prayers in it until some cows or sheep have been bought, then people are invited and these animals are slaughtered and a feast prepared for the people. If this is not done, they claim that the imam of the mosque will die before his time if he prays in the mosque. Is this correct?. Answer: Praise be to Allaah.
193
Basis for Jurisprudence and Islamic Rulings
There is no basis for any of this; these beliefs are all wrong. Those who believe that or do that should be denounced, because this is a bid’ah or innovation introduced into the religion, and every bid’ah is a going astray, as the Prophet (peace and blessings of Allaah be upon him) said in the saheeh hadeeth: “Whoever does an action that is not part of this matter of ours (i.e., Islam), it is to be rejected.” Narrated by Imam Muslim in his Saheeh. Majmoo’ Maqaalaat wa Fataawa Li’l-Shaykh Ibn Baaz, 6/335 (www.islam-qa.com) 12808: There are no trivial issues in Islam Question: What is the ruling on those who say that shaving the beard and making one’s garment shorter are trivial matters and are not basic principles of religion, or those who laugh at those who do these things?. Answer: Praise be to Allaah. This suggestion is serious and is a grievous mistake. There are no trivial issues in Islam, rather all of it is serious and is aimed at guiding man to the best way. It is divided into basics and minor issues, and the issues of the beard and shortening the garment come under the minor issues, not basic issues. But it is not permissible to call any of the issues of religion insignificant. There is the fear that the person who says such a thing by way of belittling or mocking may be apostatizing from his religion thereby, because Allaah says (interpretation of the meaning):
194
Basis for Jurisprudence and Islamic Rulings
“If you ask them (about this), they declare: ‘We were only talking idly and joking.’ Say: ‘Was it at Allaah, and His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking?’ Make no excuse; you disbelieved after you had believed” [al-Tawbah 9:65-66] The Messenger peace and blessings of Allaah be upon him) is the one who enjoined letting the beard grow and trimming the moustache; it is essential to obey him and to heed his commands and prohibitions in all matters. Abu Muhammad ibn Hazm narrated that there was scholarly consensus that letting the beard grow and trimming the moustache is something obligatory, and undoubtedly happiness, salvation, pride, honour and good consequences lie in obeying Allaah and His Messenger, and doom, loss and bad consequences lie in disobeying Allaah and His Messenger. Similarly, wearing one’s clothes above the ankles is obligatory because of the words of the Prophet (peace and blessings of Allaah be upon him): “Whatever part of the lower garment hangs below the ankles is in the Fire.” (Narrated by al-Bukhari in his Saheeh). And he (peace and blessings of Allaah be upon him) said: “There are three to whom Allaah will not speak on the Day of Resurrection, nor even look at them or praise them, and theirs will be a painful torment: the one who lets his lower garment hang below his ankles; the one who reminds others of things he has given to them; and the one who sells his product by means of false oaths.” (Narrated by Muslim in his Saheeh). And he (peace and blessings of Allaah be upon him) said: “Allaah will not look at the one who lets his garment drag out of pride.” (Agree upon).
195
Basis for Jurisprudence and Islamic Rulings
So the Muslim man must fear Allaah by shortening his garment above the ankles, whether it is a galabiyah, an izaar (lower garment, waist-wrapper), pants or abayah (cloak), and not letting it come down below his ankles. It is better if it comes to mid-calf length. If the isbaal (letting the garment hang below the ankles) is done because of pride or arrogance, the sin is more serious; if it is because of carelessness and not because of pride, it is still an evil action and the one who does it is a sinner according to the more correct of the two scholarly views, but his sin is less serious than the sin of one who does it out of pride. Undoubtedly isbaal is a means that leads to arrogance even if the one who does claims that he is not doing it out of pride, because the warning in the ahaadeeth is general, so it is not permissible to take this matter lightly. With regard to the story of al-Siddeeq (Abu Bakr), when he said to the Prophet (peace and blessings of Allaah be upon him), “My izaar (lower garment) slips down unless I pay attention to it”, and the Prophet (peace and blessings of Allaah be upon him) said to him, “You are not one of those who do it out of arrogance,” this applies to those whose case is like that of Abu Bakr with regard to their garment slipping down by mistake, not because of arrogance, but they still try not to let that happen. As for those who let their garment drag deliberately, this warning applies to them but not to people like Abu Bakr. As well as the warning mentioned above, isbaal (letting the garment hang below the ankle) is also a kind of extravagance and exposes the garment to dirt and impurities, and it is an imitation of women. All of that dictates that the Muslim should protect himself from that. And Allaah is the Source of strength and the Guide to the straight path. Fataawa wa Maqaalaat Mutanawwi’ah li’l-Shaykh Ibn Baaz, 6/323. (www.islam-qa.com) 196
Basis for Jurisprudence and Islamic Rulings
21976: Making du’aa’ after the obligatory prayers is bid’ah Question: After fard salat (i.e. after saying salam), some people make Dua while others say only Tasbih Fatmi. Some people are adament that making Dua after salat is Bidat. This is causing some restraint in the cummunity speacially those who follow Imam Abu Hanifa or Shafai. Can we make dua’a after salat. Can we make dua’a with the imama after salat alltogether. Answer: Praise be to Allaah. It says in Fatawa al-Lajnah al-Daa’imah: Making du’aa’ after the obligatory prayers is not Sunnah if it is done by raising the hands, whether that is done by the imam alone or a member of the congregation alone, or it is done by them both together. Rather that is bid’ah, because it was not narrated that the Prophet (peace and blessings of Allaah be upon him) or any of his companions (may Allaah be pleased with them) did that. With regard to making du’aa’ without doing that (raising the hands etc.), there is nothing wrong with it, because there are some ahaadeeth concerning that. Fataawa al-Lajnah al-Daa’imah, 7/103 The Committee was asked about raising the hands for du’aa’ after the five daily prayers – is it proven that the Prophet (peace and blessings of Allaah be upon him) raised his hands or not? If it is not proven, is it permissible to raise the hands after the five daily prayers or not? 197
Basis for Jurisprudence and Islamic Rulings
They replied: It is not proven that the Prophet (peace and blessings of Allaah be upon him) raised his hands in du’aa’ after the obligatory prayers as far as we know, so raising them after the salaam of an obligatory prayer is contrary to the Sunnah. Fataawa al-Lajnah, 7/104 The Committee also stated that saying du’aa’ out loud after the five daily prayers or regular Sunnah prayers, or reciting du’aa’ in unison as a regular practice is a reprehensible innovation (bid’ah), because it was not proven that the Prophet (peace and blessings of Allaah be upon him) or his companions (may Allaah be pleased with them) did anything like that. Whoever makes du’aa’ after the obligatory or regular Sunnah prayers in unison is going against the way of Ahl al-Sunnah wa’l-Jamaa’ah, and for those people to accuse those who disagree with them of being kaafirs and not belonging to Ahl al-Sunnah wa’l-Jamaa’ah, is misguidance, ignorance and a distortion of the facts. Fataawa Islamiyyah, 1/319 And Allaah knows best. Islam Q&A (www.islam-qa.com) 21902: Guidelines on shar’i wird Question: Is reading some sorts of daroods like darood-taj and darood_lakhi and darood_tunajaiyna etc bidaa‘t. Answer: Praise be to Allaah.
198
Basis for Jurisprudence and Islamic Rulings
We know nothing about what is in these wirds (daroods), but we can tell you some guidelines that you can follow in order to know what is prescribed in Islam and what is bid’ah: 1 – The best wirds are those whose words were narrated from the Prophet (peace and blessings of Allaah be upon him), because Allaah did not choose for him anything but the most perfect and the best, and he did not choose anything but that for his ummah. 2 – It is permissible for a person to send blessings upon the Prophet (peace and blessings of Allaah be upon him) in words that were not narrated (in sharee’ah), so long as they do not include anything that is forbidden, such as exaggerating about him, or praying to Allaah by virtue of the Prophet, or calling upon him instead of Allaah. 3 – The one who is remembering Allaah (reciting dhikr) should not specify any particular time, number or manner of reciting dhikr unless that is proven with saheeh evidence, because Allaah cannot be worshipped except in the manner that He has prescribed in His Book or on the lips of His Messenger (peace and blessings of Allaah be upon him). Worship must be that which is prescribed in sharee’ah, with regard to the act itself, the manner in which it is done, the time when it is done and how many times it is done. Whoever adopts a wird whose wording was not narrated from the Prophet (peace and blessings of Allaah be upon him), or specifies a particular number of times or does it at a specific time, is committing bid’ah. The scholars called this bid’ah al-bid’ah al-idaafiyyah (additional innovation??), because the action itself is prescribed in sharee’ah, but some innovation has been added to it with regard to the manner, the number of times or when it is to be done.
199
Basis for Jurisprudence and Islamic Rulings
You should note that all goodness rests in following that which has been narrated from the Prophet (peace and blessings of Allaah be upon him). Whoever studies those who recite made-up wirds will find that usually they are falling short when it comes to doing that which was narrated from the Prophet (peace and blessings of Allaah be upon him) such as the dhikrs for morning and evening, etc. This confirms what was narrated from one of the salaf, who said that no person ever introduces an innovation but he gives up an equivalent Sunnah. And Allaah knows best. Islam Q&A (www.islam-qa.com) 32443: Reciting du’aa’ for forgiveness in unison following prayer Question: When the imam finishes praying he recites the du’aa’ for forgiveness (istighfaar) in communal fashion, out loud. Is this permissible?. Answer: Praise be to Allaah. It says in Fataawa al-Lajnah al-Daa’imah: Saying du’aa’ out loud following the five daily prayers and the regular Sunnah prayers, or reciting du’aa’ after the prayers in unison as a regular practise is a reprehensible innovation (bid’ah), because it is not reported that the Prophet (peace and blessings of Allaah be upon him) or his companions (may Allaah be pleased with them) did anything like that. 200
Basis for Jurisprudence and Islamic Rulings
Fataawa Islamiyyah, 1/319 See also the answer to Question no. 10491 for more information. Islam Q&A (www.islam-qa.com) 22646: Sending blessings upon the Prophet (peace and blessings of Allaah be upon him) when the iqaamah is pronounced Question: When the iqaamah is pronounced the muezzin says, “Allaahumma salli ‘ala Muhammad wa ‘ala aalihi wa sahbihi wa sallim, Allaahu akbar Allaah akbar (O Allah, send blessings and peace upon Muhammad and upon his family and companions, Allaah is Most Great, Allaah is Most Great).” Is this Sunnah?. Answer: Praise be to Allaah. It is obligatory upon the one who wants to do any act of worship to learn the rulings on it and how it is to be done from the Sunnah of the Prophet (peace and blessings of Allaah be upon him), so that he will not be worshipping Allaah in ignorance. For Allaah should not be worshipped except in the manner that He has prescribed. Whoever worships Allaah in a manner that has not been prescribed by Allaah and His Messenger (peace and blessings of Allaah be upon him), it will be rejected and will not be accepted, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does an action that is not in accordance with this matter of ours (i.e., Islam) will have it rejected.” (Narrated by Muslim, 1718). 201
Basis for Jurisprudence and Islamic Rulings
The bid’ah that has been introduced to the iqaamah for prayer is that which has been mentioned in the question, whereby the muezzin sends blessings upon the Prophet (peace and blessings of Allaah be upon him) before pronouncing the iqaamah (call immediately preceding the prayer). This action is bid’ah (an innovation) that was not done by the Prophet (peace and blessings of Allaah be upon him) or by any of his companions. Shaykh Jamaal al-Deen al-Qaasimi stated that it is bid’ah in his book Islaah al-Masaajid min al-Bida’ wa’l‘Awaa’id, p. 134. Islam Q&A (www.islam-qa.com) 9057: Mocking innovators Question: I know that mocking the Sunnah or any part of Islam makes a person a kaafir. But what if someone mocks the beliefs of people of bid’ah? For example, a person jokes to his friend when it’s time for salaat to make fun of the Murji’ah : “Oh, we don’t have to pray...it’s in your heart, remember?” but he prays, understanding that it was a joke to show the riduculousness of the Murji’ah beliefs. I know that false talk is a sin, even in joking, but is this (above example) kufr akbar because the joke involves a major part of Islam, although it was aimed at bidah and not Islam?. Answer: Praise be to Allaah. Mocking the kaafirs for their kufr or the innovators for their innovations (bid’ah) is permissible because they enjoy no sanctity or protection with regard to their sin 202
Basis for Jurisprudence and Islamic Rulings
and evildoing in which they regard as permissible that which Allaah and Islam have forbidden. But this is only so long as the mocking does not go beyond the framework of dignity and truth, and it is not taken as a usual habit, and the jokes do not outweigh one’s seriousness. But what we are warning against has become the habit of many people. If one is to mock them, it should be for their going against the Sunnah, not for their different ways of dressing, walking, etc. But is it a sin? The correct view is that it is not a sin, rather this is something that it is permissible to talk about and joke about. The fact that the sin that we are mocking does not constitute kufr that puts a person beyond the pale of Islam makes it even more appropriate to joke about their sin, because by forsaking the truth and following falsehood, they have mocked the sanctity of Allaah. Al-Laalkaani narrated, with isnaads, some reports from some of the salaf concerning such cases: - He narrated from al-A’mash that Ibraaheem said: “There is no gheebah [backbiting] concerning one who follows bid’ah.” - He narrated that al-Hasan al-Basri said: “There are three who have no protection from gheebah, one of whom is the one who follows bid’ah and is extreme in his bid’ah.” - He narrated from Hishaam that al-Hasan said: “There is no gheebah in the case of one who follows bid’ah and one who commits evil.” - He narrated that al-Hasan said: “There is no gheebah in the case of the people of bid’ah.” 203
Basis for Jurisprudence and Islamic Rulings
- He narrated that Katheer Abu Sahl said: “It is said that there is no sanctity for the people who follow their whims and desires.” (I’tiqaad Ahl al-Sunnah, 1/140). The example which is mentioned in the question, which is, “Oh, we don’t have to pray, it’s in your heart, remember?” is not kufr because the one who says it does not intend to mock the prayer, rather he intends to mock these words that go against sharee’ah, and to show that they are false. The point is that making fun of something that the innovators say is not haraam and does not constitute kufr. But we do not encourage denouncing the innovators by mocking them; rather we should debate with them in the way that is best. Your concern when debating with them should be to guide them to the Straight Path. Allaah said to Moosa and Haroon when He sent them to Pharaoh (interpretation of the meaning): “And speak to him mildly, perhaps he may accept admonition or fear (Allaah)” [Ta-Ha 20:44] And Allaah knows best. Islam Q&A (www.islam-qa.com) 486: Religious celebrations in islam Question: I need to know about any celebrations of this religions or any festivals. 204
Basis for Jurisprudence and Islamic Rulings
Answer: As Muslims, we celebrate only two ‘eid (festivals): ‘eid ul-fitr (after the end of Ramadhan), and ‘eid ul-Udh-ha, the day of the greater hajj (pilgrimage). During these two festivals, we offer felicitations, spread joy, and entertain children. But more importantly, we offer remembrance of Allaah’s blessings, celebrate His name and offer the ‘eid salaat (prayer). Other than these two occasions, we do not recognize or celebrate any other days in the year. Of course, there are other joyous occasions for which the Islamic shari’ah dictates appropriate celebration, such as gathering for special meals during weddings or on the occasion of the birth of a child (aqeeqah). However, these days are not specified as particular days in the year; rather, they are celebrated as they happen in the course of a Muslim’s life. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 26152: Questions about an imam Question: Q#1.In our company camp, there is a Imam, who is leading every prayer, he is from XXXX. about his qira’ath, like he giving “madd” upon every kalima, reciting like song. we asked him which type of qira’ath is this? He is saying that his ustad have teached him like this. sometime we can’t pray behind him because his sound will arise with different tune. Kindly we want know, is allowed to recite such type of 205
Basis for Jurisprudence and Islamic Rulings
tune and very high sound? what is the rule of reciting qur’an in the obligatory prayer (Fajr, Magrib & Esha)? Q#2. After prayer he will put his hand (palm) on his forehead and saying “ya hayyun, ya qayyoom” for seven time. we asked him “why are you doing this?” he answered: Scholars said that our brain become will be braight, if you do this after every obligatory prayer and he told us it is in the Sahih Muslim also. but we didn’t find that. Please, for the sake of Allah, answer to us for the above question to correct our deeds on right path, if he is doing wrong, how we can correct him? he never agree anything, because he is saying what I am doing it is correct according to Islam. so, we can’t say anything against him. Answer: Praise be to Allaah. Firstly: Making one’s voice beautiful when reciting Qur’aan is something good and there is nothing wrong with it; rather this is part of the teaching of the Prophet (peace and blessings of Allaah be upon him). It was narrated that al-Bara’ (may Allaah be pleased with him) said: “I heard the Prophet (peace and blessings of Allaah be upon him) reciting Wa’l-teeni wa’l-zaytoon in ‘Isha prayer, and I never heard anyone with a more beautiful voice (or recitation) than his.” Narrated by al-Bukhaari, 735; Muslim, 464 And the Prophet (peace and blessings of Allaah be upon him) praised the recitation of Abu Moosa al-Ash’ari, who had a melodious voice. But the kind of making the voice 206
Basis for Jurisprudence and Islamic Rulings
beautiful which is encouraged should not distort the meaning of the words and it should not resemble the way that the evildoers sing songs. It was narrated that Abu Moosa said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said to Abu Moosa, “If only you had seen me when I was listening to you last night, you have been given a beautiful voice like that of Dawood.” Narrated by al-Bukhaari, 4761; Muslim, 793; this version narrated by Muslim Al-Nawawi said: Al-Qaadi said: The scholars are unanimously agreed that it is mustahabb to make one’s voice beautiful when reciting Qur’aan and to recite properly (tarteel). Abu ‘Ubayd said: The ahaadeeth narrated concerning that are to be understood as meaning that it should be done with solemnity and feeling. He said, But they differed with regard to reciting it with a tune. Maalik and the majority regarded that as makrooh because that is contrary to the purpose for which the Qur’aan was revealed, whichis to be recited with humility and understanding. Abu Haneefah and a group among the Salaf regarded it as permissible because of the ahaadeeth and because that is a means of softening people’s hearts, provoking fear and making people receptive towards listening to it. I say: al-Shaafa’i said in one place, I dislike reciting Qur’aan with a tune; and elsewhere he said, I do not dislike it. Our companions said: there is no contradiction in this case, rather it has to do with two different situations. When he said that he disliked it, he meant if it was excessively elongated and the meanings of the words were changed by adding or taking away or elongating something that is not to be elongated, etc.; and when he said that it was 207
Basis for Jurisprudence and Islamic Rulings
permissible, he meant if it does not change the meaning of the words. And Allaah knows best. Sharh Muslim, 6/80 Secondly: With regard to what your imam does, putting his hand on his forehead and saying Yaa Hayyu, Yaa Qayyoom seven times, there is no basis in sharee’ah for doing this, and it is not in Saheeh Muslim or any other book of saheeh Sunnah. It is a reprehensible bid’ah (innovation) and you have to advise him to stop doing that and explain the shar’i ruling on innovated forms of dhikr. With regard to praying behind this imam: it is permissible but it is preferable if you can look for an imam who will establish the Sunnah and teach it to you, because there is the fear that some of the worshippers may be influenced by him and may imitate him and spread his bid’ah. But before doing that, do not forget to advise him and teach him the correct Sunnah for dhikr in particular and for worship in general. Then if he insists on his bid’ah, there is nothing wrong with you taking action to prevent him from leading the prayer. The scholars of the Standing Committee said: As for praying behind those who follow innovation, if their innovation involves shirk, such as calling upon someone other than Allaah, or making vows to someone other than Allaah, or believing that their shaykhs have characteristics which belong to no one but Allaah, such as having complete knowledge or knowledge of the unseen or influence over the universe, then it is not correct to pray behind them. But if their bid’ah does not involve shirk, such as reciting dhikr that was narrated from the Prophet (peace and blessings of Allaah be upon him) but 208
Basis for Jurisprudence and Islamic Rulings
in unison and swaying, then prayers offered behind them are valid, but the Muslim should look for an imam to pray behind who is not an innovator, because that will bring him a greater reward and is farther removed from evil. And Allaah is the Source of Strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. Fataawa al-Lajnah al-Daa’imah, 7/353 And Allaah knows best. Islam Q&A (www.islam-qa.com) 26804: Her mother wants to give her a birthday party – what should she do? Question: I managed to find out that my mother, who is not Muslim, is planning to give me a surprise party on my birthday. What is the ruling on that? If it is not permissible, then how can I avoid upsetting my mother (by refusing)? Answer: Praise be to Allaah. Firstly: With regard to this observance which people call “birthdays” (eid milaad in Arabic), Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) issued the following fatwa:
209
Basis for Jurisprudence and Islamic Rulings
“Everything which is taken as an ‘eid’ (something which is celebrated regularly) and is repeated each week or each year and is not prescribed in sharee’ah, is a kind of bid’ah (reprehensible innovation). The evidence for that is the fact that the Lawgiver prescribed ‘aqeeqah for the newborn, and did not prescribe anything after that. When they adopt these observances every week or every year, it means that they are making them like the Islamic Eids, which is haraam and is not permitted. There are no celebrations in Islam apart from the three prescribed Eids: ‘Eid al-Fitr, ‘Eid al-Adha, and the weekly ‘Eid’ which is Friday (Yawm al-Jumu’ah). This does not come under the heading of customs because it is repeated. Hence when the Prophet (peace and blessings of Allaah be upon him) came to Madeenah and found that the Ansaar had two festivals which they used to celebrate, he said, ‘Allaah has given you something better than these: Eid al-Adha and Eid al-Fitr.’ (Narrated by al-Nasaa’i, 1556; Abu Dawood, 1134; classed as saheeh by al-Albaani in Silsilat al-Ahaadeeth alSaheehah, no. 124), even though this was one of their customs.” From Sharh Kitaab al-Tawheed, 1/382; see also Question # 1027. Secondly: With regard to how you should deal with your mother, I think that you should be frank with her, and tell her that this action is not permitted by Allaah, and that the religion of Islam forbids this, and that as this is the case you cannot come to this party. Tell her. “Were it not for the fact that Allaah does not allow it, I would have been happy to come, and I thank you, but it is not up to me or anyone else, it is up to Allaah Who issues His decree and we – the Muslims – have to submit to His will; it is not permissible for us to 210
Basis for Jurisprudence and Islamic Rulings
dispute that so long as it is the command of Allaah, the All-Knowing, Most Wise.” Tell her all of that in the best possible manner and in the kindest way. If she is convinced and appreciates that, then praise be to Allaah, otherwise try to be outside the house at the time of this party, so that no one will pressure you to join in and so that you yourself will not weaken and given in. There is no sin on you for what your mother is doing, and pleasing Allaah comes before pleasing any of His creation. Be certain that if your mother objects vehemently to this matter today, perhaps Allaah will make her pleased with you in the future, in sha Allaah. Islam Q&A (www.islam-qa.com) 695: Can one celebrate completing the Qur’aan? Question: A young girl has finished reading the Qur’aan for the first time, and wants to invite her friends for a celebration on this occasion. What should she write on the invitation cards? Answer: Praise be to Allaah. This is a wonderful thing for such a young person (11 years old) living in a non-Muslim country and deviant society to accomplish. The fact that she has not given her name is a sign of sincerity, in sha Allaah. I think that this should only be announced for the purposes of encouraging others to do the same. The affair should be limited to a small gathering where some relatives or friends invite a 211
Basis for Jurisprudence and Islamic Rulings
few of the girl’s friends, tell them of her achievement in completing the Qur’aan in order to encourage them - not to show off or boast - and some of the mothers say a few words about the greatness of the Qur’aan, the importance of reading it and how the Muslim should treat the Qur’aan. Or this girl could invite her friends to a meal to mark the occasion and give thanks for this blessing. There is nothing wrong with such activities, as long as one is careful not to let it turn into a celebration. It is clear from the above that celebrating a person’s completion of reciting or memorizing the Qur’aan, inviting people and offering food, is an action in which there is a risk of two fitnahs (temptations): (1) that it might be an occasion for showing off and boasting, and (2) that it may constitute bid’ah, if people believe that such celebrations are part of the religion and must be held every time a person completes the reading of the Qur’aan. The first danger may be avoided by striving within oneself to be sincere towards Allaah, and the second by restricting the invitees to a small number of family and friends. We should not hold such gatherings regularly, lest people think it is a part of the Sunnah I ask Allaah to increase His blessings upon you and to give you the strength to memorize Qur’aan and Sincerity in speech and deeds Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 7505: Salaat al-Naariyah Question: “Allahumma salli salaatan kaamilatan wasallim salaaman 212
Basis for Jurisprudence and Islamic Rulings
taamman ‘ala sayyidina muhammadin alladhi(allathi in some prose) tan’hil bihi il uq’ad· watatafarrij bih il karb· wataq’dhi bih il hawaa’ij· wa tanaal bih ir raghaa’ib· wa hasan al khawaayitam wa yastasq il ghamaam bi wajhih il kareem wa ‘ala ‘aalihi wa sah’bihi fee kulli lamhatin wa nafs” The above recitation is called salaat un naaria in india and recited 4444 times whenever a calamity falls in a house by bringing many students and the chief of a madhrasaa. 1. What is the meaning of the above words and is there any shirk in the wordings? 2. People say if there is no shirk we can continue reciting because it is not harmful because it is a type of dhikr and it reminds them of allah and that we are doing some kind of additional dhikr to bring us closer to allah and to removesome museebath. 3. What is the ruling on maulid recitation· is there any harm in reciting it periodically by calling some students of madhrasaa or imam of masjid. Answer: [The translation of these words is as follows: “O Allaah, send perfect blessings and complete peace upon our master Muhammad by virtue of whom [as some of them say] all obstacles are removed, distress is relieved, needs are met, desires are fulfilled and a good end may be achieved and by virtue of whose noble face clouds may be sent, and [send blessings and peace] upon his family and companions with every breath and glance.”] Answer: 213
Basis for Jurisprudence and Islamic Rulings
Praise be to Allaah. 1. The words of this innovated prayer are clear enough, but there is nothing wrong with explaining them further. “obstacles are removed” means, a way out is found from whatever obstacles and difficult matters one is faced with. The phrase may also mean “by virtue of whom anger is calmed.” “distress is relieved” means anxiety and grief are taken away. “needs are met” means one gets what one is trying to achieve. “desires are fulfilled and a good end may be achieved” means his wishes are fulfilled whether that is in this world or in the Hereafter, one of which is that one meets a good end. “by virtue of whose noble face clouds may be sent” means that he is asked to pray to Allaah to send rain. 2. What some people have told you – that this prayer does not involve shirk and that it is permissible for you to continue to recite it – is wrong. This so-called prayer includes things which clearly go against Islam, such as the following: (i) It is supposed to be said at times of calamity. This is a contrived reason for an innovated act of worship. (ii) It is supposed to be recited a set number of times, 4444 times. This is a contrived amount for an innovated act of worship. (iii) It is supposed to be recited in a communal fashion. This is a contrived method for an innovated act of worship 214
Basis for Jurisprudence and Islamic Rulings
(iv) It contains phrases which go against Islam, which constitute shirk and which are an exaggeration about the Prophet (peace and blessings of Allaah be upon him). It attributes to him actions which cannot be attributed to anyone other than Allaah, such as meeting people’s needs, relieving distress, fulfilling their desires and granting a good end. Allaah commanded His Prophet (peace and blessings of Allaah be upon him): “Say: ‘It is not in my power to cause you harm, or to bring you to the Right Path’” [al-Jinn 72:21 – interpretation of the meaning] (v) It ignores what is taught in the sharee’ah, and makes up a contrived prayer and supplication. This implies that one is accusing the Prophet (peace and blessings of Allaah be upon him) of failing to explain everything that the people need, and that one is trying to fill gaps in the sharee’ah. The Prophet (peace and blessings of Allaah be upon him) said: ‘Whoever innovates anything in this matter of ours (Islam) that is not a part of it, will have it rejected” (Narrated by al-Bukhaari, 2550; Muslim, 1718). According to a report narrated by Muslim (1718), he said: “Whoever does any action that is not in accordance with this matter of ours (Islam) will have it rejected.” Ibn Rajab al-Hanbali (may Allaah have mercy on him) said: “This hadeeth represents one of the most important basic principles of Islam. It is like a yardstick for measuring the outward appearance of actions, just as the hadeeth ‘Actions are but by intentions’ is a yardstick for measuring the inward nature of actions. Just as actions which are not done for the sake of Allaah bring no reward to the one who does them, so too actions which are not 215
Basis for Jurisprudence and Islamic Rulings
done in accordance with the command of Allaah and His Messenger are rejected and thrown back at the one who does them. Everyone who innovates something in the religion for which Allaah and His Messenger have not granted permission, that action has nothing to do with the religion.”(Jaami’ al-‘Uloom wa’l-Hukam, 1/180) Al-Nawawi (may Allaah have mercy on him) said: “This hadeeth is one of the most important basic principles of Islam and is one of the most comprehensive sayings of the Prophet (peace and blessings of Allaah be upon him). It is a clear rejection of bid’ah and innovations. The second report adds a further idea, which is that some people may persist in doing some innovated action (bid’ah) for which there is a precedent, and when the first report – ‘Whoever innovates anything…’ – is quoted as proof, such a person may say, ‘But I did not innovate anything. Then the second report – ‘Whoever does any action…’ – may be quoted, which clearly states that all innovated actions are rejected, whether the one who does them invented them or they were previously invented. This hadeeth is one of those which should be memorized and used in denouncing evil actions, and it should be propagated widely.”(Sharh Muslim, 12/16) 3. With regard to celebrating the Mawlid (birthday of the Prophet (peace and blessings of Allaah be upon him)), doing this is bid’ah. If it was good, those who love the Prophet (peace and blessings of Allaah be upon him) more than we do would have done it before us, i.e., the Sahaabah, may Allaah be pleased with them. Most of what is recited on this occasion are weak or fabricated reports of the life of the Prophet (peace and blessings of Allaah be upon him), and it involves exaggeration about our Prophet (peace and blessings of Allaah be upon him). There follow the comments of the scholars: (a) Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy 216
Basis for Jurisprudence and Islamic Rulings
on him) was asked about the one who completes the reading of the Qur’aan each year on the night of the birthday of the Prophet (peace and blessings of Allaah be upon him) – is that mustahabb or not? He replied: “Praise be to Allaah. For the people to come together to eat on the two Eids and the days of Tashreeq is Sunnah. This is one of the symbols of Islam which the Prophet (peace and blessings of Allaah be upon him) set out for the Muslims. Helping the poor by giving them food during Ramadaan is also one of the ways of Islam. The Prophet (peace and blessings of Allaah be upon him) said: ‘Whoever gives a fasting person food to break his fast will have a reward like his.’ Giving poor Qur’aan-readers that which will help them to devote their time to the Qur’aan is a righteous deed at any time, and whoever helps them in this manner will have a share in the reward. But taking as special occasions days which are not prescribed in Islam – such as one of the nights of Rabee’ al-Awwal which is called Laylat al-Mawlid (the night of the Prophet’s birthday), or some of the nights of Rajab, or the eighteenth of Dhu’l-Hijjah, or the first Friday of Rajab, or the eighth of Shawwaal, which the ignorant call ‘Eid al-Abraar (the Feast of the Righteous)’ – these are bid’ahs which the salaf did not regard as mustahabb and they did not do these things. And Allaah knows best.”(alFataawa al-Kubraa, 4/415) (b) Ibn al-Haaj said: “Some of them commit actions at this time which go against this meaning. When the month of Rabee’ al-Awwal begins, they hasten to indulge in idle entertainment, playing the daff (hand-drum) and reed flute, and other things as mentioned above. 217
Basis for Jurisprudence and Islamic Rulings
Whoever wants to weep, let him weep for himself and for Islam, and how it and its people and those who follow the Sunnah have become alienated. If they simply wanted to sing songs and entertain themselves, I wish that they would limit themselves to that. But some of them try to follow proper etiquette, so they start the Mawlid with the recitation of Qur’aan. So they look for the one who can recite in the most melodious fashion and provoke enjoyment, and he reads ten aayahs. There are several things wrong with this: (i) the way in which the reciter reads in this manner which is condemned in sharee’ah, with a quavering tone like that of a singer. This has been discussed above. (ii) This involves a lack of proper respect towards the Book of Allaah. (iii) They read Qur’aan briefly before turning to what they really desire, which is to listen to the entertainment of the tambourine and reed-flute, and the singing and quavering tones of the singers, etc. (iv) They show outwardly something different from that which is in their hearts. This is the essence of hypocrisy, whereby a person makes an outward display of something when deep inside he really means something else – this is wrong except in cases specifically exempted by sharee’ah. They start with Qur’aan recitation when the thoughts of some of them are really focused on the singing. (v) Some of them cut the recitation short, because they are thinking too much of the pleasure of that which comes after it, as mentioned above. (vi) If the Qur’aan reading goes on for a long time, some of the audience begin to show signs of boredom, and they do not settle down until the entertainment they like begins. 218
Basis for Jurisprudence and Islamic Rulings
This is not what is meant by the description which Allaah gives of the humble believers, because they love to hear the words of the Lord, as He says in praise of them (interpretation of the meaning): ‘And when they listen to what has been sent down to the Messenger (Muhammad), you see their eyes overflowing with tears because of the truth they have recognized. They say: “Our Lord! We believe; so write us down among the witnesses”’[al-Maa’idah 5:83] This is how Allaah describes those who listen to His words. But some of these people do the opposite of that. After listening to the word of their Lord, they get up to dance and celebrate and enjoy themselves in unseemly ways. “Truly, to Allaah we belong and truly, to Him we shall return” [al-Baqarah 2:156 – interpretation of the meaning. This phrase is an expression of grief and sorrow] for the lack of shame for committing sins. They do the deeds of the Shaytaan and seek reward from the Lord of the Worlds, claiming that they are doing acts of worship and goodness. Would that only the lowest of people did that, but now this problem has become widespread and you see those who claim to have some knowledge and good deeds doing that, and even some of those who claim to be shaykhs, i.e., those who have followers. All of them are included in what is said above. It is strange that they have been deceived by this trick of the accursed Shaytaan. Do you not see that a wine-drinker, when the wine first starts to take effect, he begins to move his head non-stop. When the effect becomes stronger, he loses his shame and dignity before those who are with him, and what he wants to conceal will be exposed to his companions. Look at this singer, may Allaah have mercy on you and us. When he starts to sing, you will see people who have dignity and respect, who appear decent and are 219
Basis for Jurisprudence and Islamic Rulings
followed by people of knowledge, falling silent when he starts to sing. Then they start to move their heads a little, exactly like wine-drinkers, as described above. Then when they really start to enjoy the entertainment, they lose their shyness and dignity, exactly like the wine-drinkers, so they get up and start to dance and shout and weep in a show of fake humility. They move in and out and raise their arms and heads towards the heavens as if receiving divine inspiration. They start to foam at the mouth and may even rend their garments and play with their beards. This is obviously something to be denounced, because the Prophet (peace and blessings of Allaah be upon him) forbade wasting money, and rending one’s garments is obviously included in that. Secondly, this obviously goes beyond the limits of common sense, because they act like crazy people most of the time.”(al-Madkhal, 2/5-7) (c) The Standing Committee said: “Celebrating the birthday of the Prophet (peace and blessings of Allaah be upon him) is not permitted because it is an invented bid’ah (innovation) which was not done by the Messenger of Allaah (peace and blessings of Allaah be upon him) or by his rightly-guided successors (alkhulafa’ al-raashideen), or by the scholars of the best three generations [i.e., the first three generations of Islam].” (Fataawa al-Lajnah al-Daa’imah, 3/2) (d) Shaykh Ibn Baaz was asked: is it permissible for the Muslims to hold celebrations in the mosque to commemorate the life of the Prophet (peace and blessings of Allaah be upon him) on the night of 12 Rabee’ alAwwal, to celebrate the Mawlid or birthday of the Prophet (peace and blessings of Allaah be upon him), without 220
Basis for Jurisprudence and Islamic Rulings
taking that day off as an “Eid”? We are having some disputes concerning this. Some say that it is a bid’ah hasanah (“a good innovation”) and some say that it is not a good innovation. He replied: “The Muslims should not celebrate the birthday of the Prophet (peace and blessings of Allaah be upon him), whether on the night of 12 Rabee’ al-Awwal or on any other date, just as they should not celebrate the birthday of anyone other than the Prophet (peace and blessings of Allaah be upon him), because celebrating birthdays is an innovation which has been introduced into the religion. The Prophet (peace and blessings of Allaah be upon him) did not celebrate his birthday during his lifetime, and he is the one who conveyed the religion and laws from Allaah. He did not enjoin that, and it was not done by his rightly guided successors or by any of his Companions or those who followed them in goodness during the best three generations. So it is known to be an innovation, and the Prophet (peace and blessings of Allaah be upon him) said: ‘Whoever innovates anything in this matter of ours (Islam) that is not a part of it, will have it rejected’ (Saheeh – agreed upon). According to a report narrated by Muslim, which al-Bukhaari narrated in a mu’allaq majzoom report: “Whoever does any action that is not in accordance with this matter of ours (Islam) will have it rejected.” Celebrating the Mawlid is not in accordance with the command of the Prophet (peace and blessings of Allaah be upon him), rather it is something which the people innovated and introduced into their religion during later centuries, so it is to be rejected. The Prophet (peace and blessings of Allaah be upon him) used to say in his khutbah (sermon) on Fridays: ‘The best of speech is the Book of Allaah and the best of guidance is the guidance of 221
Basis for Jurisprudence and Islamic Rulings
Muhammad (peace and blessings of Allaah be upon him). The most evil of things are those which are newlyinvented, and every innovation is a going-astray.’ This was narrated by Muslim in his Saheeh. It was also narrated by al-Nasaa’i with a jayyid isnaad, adding the words, ‘and every going-astray leads to Hell.’ Instead of celebrating the birthday of the Prophet (peace and blessings of Allaah be upon him), we should study his seerah (biography) and the history of his life during the jaahiliyyah and Islam, in schools, mosques and elsewhere. That includes describing the circumstances of his birth and death, with no need to innovate celebrations which are not prescribed by Allaah or His Messenger, and for which there is no evidence in sharee’ah. Allaah is the Source of Strength. We ask Allaah to grant guidance and strength to all the Muslims and to help them to follow the Sunnah and avoid bid’ah.” (Fataawa al-Shaykh Ibn Baaz, 4/289) And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 13810: A Christian woman asks about the Prophet’s birthday and what it means to the Muslims Question: What is the significance of the Prophet’s Birthday and when and how is it celebrated? Answer: Praise be to Allaah. Firstly, Muhammad (peace and blessings of Allaah be upon him) is the Messenger of 222
Basis for Jurisprudence and Islamic Rulings
Allaah to all of mankind, the one through whom Allaah leads people from darkness into light, from misguidance to guidance. Please see question no. 11575. Perhaps this question is the start of your research into the religion of Islam and your attempt to learn more and read widely about it. Try to find a translation of the meanings of the Qur’aan so that you can learn more about this pure monotheistic religion. No doubt our joy will be multiplied if you become our sister in Islam by entering this religion. Secondly, acts of worship in Islam are based on an important principle, which is that no one is permitted to worship Allaah in any way except that which Allaah has prescribed in his Book or which was taught by His Messenger Muhammad (peace and blessings of Allaah be upon him). Whoever worships Allaah by doing something that Allaah and His Messenger have not enjoined, Allaah will not accept that from him. The Prophet (peace and blessings of Allaah be upon him) told us of that, as it was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Whoever innovates something in this matter of ours [i.e., Islam] that is not part of it will have it rejected.’” (Narrated by al-Bukhaari, Kitaab al-Sulh, 2499). Acts of worship include festivals. Allaah has prescribed two festivals or Eids for us to celebrate, and it is not permissible for us to celebrate any others. (Please see question no. 486). With regard to celebrating the day on which the Prophet (peace and blessings of Allaah be upon him) was born, it should be noted that he (peace and blessings of Allaah be upon him) did not tell us to celebrate this day, and he himself (peace and blessings of Allaah be upon him) did not celebrate it, nor did his companions (may Allaah be pleased with them). They loved the Prophet (peace and 223
Basis for Jurisprudence and Islamic Rulings
blessings of Allaah be upon him) far more than we do, yet despite that they did not celebrate this day. Hence we do not celebrate this day, in obedience to the command of Allaah Who has commanded us to follow the commands of His Prophet. Allaah says (interpretation of the meaning): “And whatsoever the Messenger (Muhammad) gives you, take it; and whatsoever he forbids you, abstain (from it)” [al-Hashr 59:7] And the Prophet (peace and blessings of Allaah be upon him) said: “I urge you to adhere to my Sunnah [way] and the way of the Rightly-Guided khaleefahs. Adhere to it and cling tightly to it. And beware of newly-invented matters [in religion], for every newly-invented matter is an innovation and every innovation is a going-astray.” (Narrated by Abu Dawood, al-Sunnah, 3991; classed as saheeh by al-Albaani in Saheeh Abi Dawood, no. 3851). The extent to which a person loves the Messenger of Allaah (peace and blessings of Allaah be upon him) is to be seen in how he follows him with regard to all that he commanded or forbade. That includes following him in not celebrating the day on which he was born. See question no. 5219, 10070. Whoever wants to venerate the day on which the Prophet (peace and blessings of Allaah be upon him) was born should follow the alternative that is based on Islamic evidence, which is that one should fast on Mondays, not just the day that he was born but every Monday. It was narrated from Abu Qutaadah al-Ansaari (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) was asked about fasting on Mondays. He said, “On that day I was born and on that day the Revelation came to me.” 224
Basis for Jurisprudence and Islamic Rulings
(Narrated by Muslim, 1978). On Thursdays deeds are taken up and shown to Allaah. Conclusion: celebrating the Prophet’s birthday was not prescribed by Allaah or by the Messenger of Allaah (peace and blessings of Allaah be upon him), so it is not permissible for the Muslims to celebrate his birthday, in obedience to the command of Allaah and the command of His Prophet (peace and blessings of Allaah be upon him). We ask Allaah to guide you to the Straight Path. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 26793: Qur’aan on Fridays and du’aa’ before Fajr Question: What is the ruling on reading Qur’aan out loud on Fridays before Zuhr prayer? If you tell the person that this is not narrated in the Sunnah and he says to you, “Do you want to stop people from reading Qur’aan?” What is your opinion on du’aa’s that are recited in a melodious voice over loudspeakers shortly before the adhaan for Fajr? When you tell them that this is something for which there is no evidence (in sharee’ah) they tell you that this is something good and it wakes people up for Fajr. Answer: Praise be to Allaah. We do not know of any evidence that this happened at 225
Basis for Jurisprudence and Islamic Rulings
the time of the Messenger (peace and blessings of Allaah be upon him), and we do not know of anyone among the Sahaabah who did that (reading Qu’raan out loud on Fridays before Zuhr). Similarly the du’aa’s recited in a melodious over loudspeakers before the adhaan for Fajr are also bid’ah, and every bid’ah is a going-astray. It was proven that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever innovates something in this matter of ours (Islam) that is not part of it will have it rejected.” (al-Bukhaari in al-Sulh, 2697; Muslim in alUdhiyah, 1718) Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta, 2/353 (www.islam-qa.com) 22872: Is it prescribed to boycott innovators in this day and age? Question: When is it prescribed to boycott innovators (followers of bid’ah)? When is it prescribed to hate for the sake of Allaah? Is it prescribed to boycott them in this day and age? Answer: Praise be to Allaah. The believer should analyze the situation in the light of faith and sharee’ah, and ignore his whims and desires. If his shunning and keeping away from the innovator will not result in a greater evil, then it is prescribed, and at the very least it is Sunnah. Similarly, shunning those who openly commit sin is at the very least Sunnah. But if not shunning them will be more effective because one thinks that calling these innovators, guiding them to the Sunnah and teaching them what Allaah has enjoined upon them 226
Basis for Jurisprudence and Islamic Rulings
will be more effective in guiding them, then he should not hasten to shun them, but he should hate them for the sake of Allaah just as he hates the kaafirs and sinners. But his hatred for the kuffaar should be greater, whilst also calling them to Allaah and striving to guide them, acting in accordance with all the shar’i evidence. So he should hate the innovator in accordance with the degree of his innovation, so long as it does not imply kufr, and he should hate the sinner in accordance with the degree of his sin, but he should also love him for the sake of Allaah in accordance with the degree of his Islam and faith. From this we know that shunning depends on the situation. Conclusion: the most correct approach is to look at the shar’i interests involved, because the Prophet (peace and blessings of Allaah be upon him) shunned some people and not others, depending on the objectives of Islam. He shunned Ka’b ibn Maalik and his two companions (may Allaah be pleased with them) when they stayed behind from the campaign of Tabook with no excuse. He shunned them for fifty days, until they repented and Allaah accepted their repentance. But he did not shun ‘Abd-Allaah ibn Ubayy ibn Salool and a group of those who were accused of hypocrisy, for shar’i reasons. The believer looks at what is in the best interests (of Islam). This does not contradict the idea of hating the kaafirs, innovators and sinners for the sake of Allaah and loving the Muslims for the sake of Allaah. Attention must be paid to what is in the general interest; if shunning is better then they should be shunned, but if the objectives of Islam dictate that ongoing da’wah efforts should be made rather than shunning, then that is what should be done, following the teaching of the Prophet (peace and blessings of Allaah be upon him). And Allaah is the Source of strength. 227
Basis for Jurisprudence and Islamic Rulings
Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh Ibn Baaz (may Allaah have mercy on him), 9/423. (www.islam-qa.com)
228
Basis for Jurisprudence and Islamic Rulings
Chapter 5 Innovations in Religion and Worship (Part 2) 23443: Is using loudspeakers for the adhaan an innovation (bid’ah)? Question: My understanding of the term bidah is things which are inventend in the religion. So how would you classify loud speakers which are used for calling adhan. Answer: Praise be to Allaah. To find out more about the meaning of bid’ah and guidelines concerning it, please see questions no. 7277 and 10843. With regard to giving the adhaan via loudspeakers, there is nothing wrong with that because it is a means of making the adhaan reach the listeners, and the means come under the same rulings as the ends. It is required for the muezzin to raise his voice so that the people can hear him, so whatever is a means to this end is also required. “Using modern weapons of force and taking care of them is included in the aayah, ‘And make ready against them all you can of power…’ [al-Anfaal 8:60 – interpretation of the meaning] and using means of defence against deadly weapons is included in the aayah, 229
Basis for Jurisprudence and Islamic Rulings
“Take your precautions”[al-Nisa’ 4:71 – interpretation of the meaning], and the ability to travel by sea and by air is included in the aayah, “And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence)” [Aal ‘Imraan 3:97 – interpretation of the meaning]. All of that and other things are included in the commands to use all means of strength and jihad. Similarly, making voices and useful opinions reach distant places by means of telegraphs, telephones, etc. is included in the command of Allaah and His Messenger to convey the truth to mankind. The ability to convey the truth and beneficial words through a variety of means is a blessing from Allaah, and developing and inventing means that serve both religious and worldly interests is a kind of jihad for the sake of Allaah.” (From a khutbah by Shaykh Ibn Sa’di when a loudspeaker was installed in the mosque and some people denounced that. Majmoo’ah Mu’allafaat Ibn Sa’di, vol. 6, pl. 51). Similarly, using the Internet to convey beneficial knowledge and call people to Islam is one of the most useful means of achieving the great aims of sharee’ah. We ask Allaah to help us to obey Him. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 230
Basis for Jurisprudence and Islamic Rulings
20005: There is no specific du’aa’ to be recited before reading Qur’aan Question: Is there any specific duaa before reading / memorizing the Quran? Do we have to have wudu to touch the Quran? And must we cover our aurah (i.e the whole body inc. head cover for women) before we can read the Quran? Or can she just dress accordingly in her normal house clothes without the head cover? Answer: Praise be to Allaah. There is no specific du’aa’ mentioned in the Qur’aan or Sunnah, or in the reliable books of du’aa’s and dhikr, or in the opinions of the reputable scholars, that is to be recited before reading or memorizing Qur’aan. Rather what is prescribed is to seek refuge with Allaah from the accursed Shaytaan before reading, because Allaah says (interpretation of the meaning): “So when you want to recite the Qur’aan, seek refuge with Allaah from Shaytaan (Satan), the outcast (the cursed one)” [al-Nahl 16:98] If a person makes du’aa’ at any time, asking Allaah to make it easy for him to memorize Qur’aan or to enable him to understand what he has learned by heart, or any appropriate du’aa’ that he wants to say, without adhering to a particular time for reciting this du’aa’, then there is nothing wrong with that. With regard to the obligation of having wudoo’ before 231
Basis for Jurisprudence and Islamic Rulings
touching the Qur’aan, you will find the answer to this question under question no. 10672. It is not necessary to cover the parts of the body that you cover in prayer in order to read Qur’aan, so it is o.k. to read Qur’aan wearing regular clothes, without covering the head. Shaykh Ibn ‘Uthaymeen said in his discussion on sujood al-tilaawah (prostration required when reading certain aayahs of the Qur’aan): “Sujood al-tilaawah should be done as soon as one reads it in the Qur’aan, so it is o.k. to do sujood in any condition, even bareheaded etc., because this prostration does not come under the same rulings as prayer.” (1/249) From his words it may be understood that there is nothing wrong with a woman reading Qur’aan with her head uncovered, because she will only read an aayah where a prostration is required when she is reading Qur’aan, so she will be reading it with her head uncovered. The Shaykh did not explain to us whether her head may be uncovered when reading Qur ’aan. We advise you to strive to venerate and respect the Qur’aan, and read it with care, focusing on the meanings, at any time and in any circumstances, whatever is easy for you. The fuqaha’ stated that it is o.k. to read Qur’aan in all circumstances, standing or sitting, sitting crosslegged or otherwise, lying down, riding or walking, because of the hadeeth of ‘Aa’ishah (may Allaah be pleased with her) who said: “The Prophet (peace and blessings of Allaah be upon him) used to lie down with his head in my lap when I was menstruating, and he would recite Qur’aan.” Narrated by al-Bukhaari, 297; Muslim, 301. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 232
Basis for Jurisprudence and Islamic Rulings
14390: Putting a bunch of flowers on a grave Question: Does putting a bunch of flowers on the grave of the “unknown soldier” come under the same ruling as the actions of those who venerate their “saints (awliya’) and righteous people until they are worshipped? Answer: Praise be to Allaah. This action is an innovation (bid’ah) and exaggeration about the dead. It is similar to the actions of those who venerated the righteous and made symbols (of the dead). There is the fear that this may, with the passage of time, lead to building domes over their graves, seeking blessing from them and taking them as gods alongside Allaah. So we must not do that, in order to avoid the means that lead to shirk. Al-Lajnah al-Daa’imah, from Kitaab Fataawa Islamiyyah, 1/20. (www.islam-qa.com) 13642: Offering gifts to some women on Christmas Question: There is a common practice here in the west, that at christmas time some non-muslims, young and old, get together and gather all of their names, put them in a hat and have all of the names mixed up, then each person choses the name of another person who they will give a gift to on christmas day. This is called chris kringle. 233
Basis for Jurisprudence and Islamic Rulings
This basic idea was taken on by a group of sisters last year and now they want to take this practise on this year also for the end of eid. All that the practice consists of, is each sister randomly assigned another sister for whom she must buy a gift of a set value ( ) Some of the sisters invloved beleive that this practsie is tashabu of the kufar, is this correct? Answer: Praise be to Allaah. What some sisters have said to you, that this action is something that is not permitted, is correct, because it involves imitating the kuffaar in two ways. Firstly it involves celebrating this festival, which is something that is haraam according to sharee’ah, including offering gifts on this festival. Secondly, it involves imitating the kaafirs in these customs on the day of their celebration of that innovated festival. In Islam we have only Eid al-Fitr and Eid al-Adhaa. Any other festivals that have been innovated besides these two amount to nothing, especially if they are the religious festivals of other religions or groups that are beyond the pale of Islam. Please see Question no. 947 This matter opens the door to bid’ah, and it comes under the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him), “Whoever innovates anything in this matter of ours that is not part of it will have it rejected.” (Narrated by al-Bukhaari, al-Sulh 2499; Muslim, 1718). And Allaah knows best. Islam Q&A 234
Basis for Jurisprudence and Islamic Rulings
Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 21875: Ruling on printing the name of Allaah in the Qur’aan in a different colour Question: Some times a will see a Qur’an that has Allah’s name written in red along with any one of Allah’s other names or pronoun refrences to Allah (huwa, etc.). I was wondering if there was any reason they do this, whether or not it is an innovation, or if there are some special tajweed rules or sunnah acts that one should observe when reciting Allah’s name from the Qur’an. Answer: Praise be to Allaah. There is no basis for doing that. All the words of Allaah should be printed in the same colour. This is a kind of innovation that has been introduced into the Mus-hafs. Shaykh Sa’d al-Humayd. (www.islam-qa.com) 14234: Innovated way of doing wudoo’ Question: when i do my wudhu for prayers i start with bismilah and continue by saying nawaitu toharatil wudhuee, while i recite this to all the parts that need to be washed, i know you have given the recitation for wudhuee but i just wanted to know can i only say recite what i have been reciting all 235
Basis for Jurisprudence and Islamic Rulings
time instead of the recitation that is given by you, of course if you tell me otherwise i’ll follow your advice. Answer: Praise be to Allaah. When worshipping Allaah, the Muslim must worship Him in the manner that He has prescribed. The basic principle regarding acts of worship is tawqeef (i.e., acts of worship are to be based solely on Qur’aan and saheeh Sunnah with no room for personal opinion). No kind of act of worship is prescribed except with daleel (evidence from sharee’ah). Whoever comes up with something that was not prescribed by Allaah or His Messenger has introduced an innovation into the religion of Allaah, and this action of his is to be rejected, because in order for a deed to be acceptable (to Allaah), it must meet two conditions: 1- It must be sincerely for the sake of Allaah alone. Allaah says (interpretation of the meaning): “And they were commanded not, but that they should worship Allaah, and worship none but Him Alone (abstaining from ascribing partners to Him)”[alBayyinah 98:5] 2- It should be according to the way of the Prophet (peace and blessings of Allaah be upon him) and the message he brought. Allaah says (interpretation of the meaning): “And whatsoever the Messenger (Muhammad) gives you, take it; and whatsoever he forbids you, abstain (from it)”[al-Hashr 59:7] So it is not permissible to innovate any kind of act of worship that was not prescribed by the Prophet (peace and blessings of Allaah be upon him). The Prophet (peace 236
Basis for Jurisprudence and Islamic Rulings
and blessings of Allaah be upon him) said: “Whoever does an action that is not in accordance with this matter of ours (Islam) will have it rejected.” (Narrated by alBukhaari, 2697; Muslim, 1718). Al-Tirmidhi narrated from Imaam Ahmad ibn Hanbal from the hadeeth of al-‘Irbaad ibn Saariyah that the Prophet (peace and blessings of Allaah be upon him) said: “I urge you to adhere to my Sunnah and the way of the Rightly-Guided Khaleefahs. Adhere to it and bite onto it with your back teeth (i.e., cling firmly to it). And beware of newly-invented matters, for every newly-invented matter is an innovation and every innovation is a goingastray.” (Narrated by al-Tirmidhi, al-Sunnah, 3991. AlAlbaani said in Saheeh Sunan Abi Dawood, no. 3851, it is saheeh). So the Muslim should not go beyond that which the Prophet (peace and blessings of Allaah be upon him) brought and prescribed. The Sahaabah transmitted the description of the wudoo’ of the Prophet (peace and blessings of Allaah be upon him), and none of them transmitted this (the action mentioned in the question) from the Prophet (peace and blessings of Allaah be upon him), so we should follow that which he brought. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said concerning the matter of speaking the intention (niyyah) out loud: “It is not mustahabb to utter it out loud, because that is an innovation (bid’ah) that was not narrated from the Messenger of Allaah or from his companions, and the Prophet did not command anyone among his ummah to utter the intention out loud; he never taught that to anyone among the Muslims. If that had been prescribed, the Prophet and his companions would not have neglected to convey it, because the intention is something that the 237
Basis for Jurisprudence and Islamic Rulings
Muslims must deal with every day and every night. Rather speaking the intention out loud is indicative of a defect in reason and religious commitment.”(Majmoo’ al-Fataawa, vol. 22, p. 231) Elsewhere he said: “All the things that people have innovated such as speaking the intention (niyyah) out loud before saying ‘Allaahu akbar’, before reciting the Talbiyah, when purifying themselves and in all acts of worship, are all kinds of innovations which were not prescribed by the Messenger of Allaah (peace and blessings of Allaah be upon him). Everything that is innovated in prescribed acts of worship, such as doing extra things that were not prescribed by the Messenger of Allaah (peace and blessings of Allaah be upon him) is a form of bid’ah (innovation) because the Prophet (peace and blessings of Allaah be upon him) used to do those acts of worship without doing these extra things. So doing them and persisting in doing so is a form of innovation and misguidance.” (Majmoo’ al-Fataawa, vol. 22, p. 223) With regard to the dhikr which is said before or after wudoo’, please see the answer to question no. 2165 So the Muslim should give up anything that was not brought by the Prophet (peace and blessings of Allaah be upon him), and keep away from innovations introduced into the religion, because following innovations implies imitating the People of the Book. And the Muslim should strive to learn about his religion so that he will not fall into bid’ah. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 238
Basis for Jurisprudence and Islamic Rulings
21903: Ruling on gathering to read Qur’aan together on the occasion of the death of ‘Ali (may Allaah be pleased with him) Question: I live in usa but i am originally from XXXX and my grandparents are from XXXX and most of our relatives do a thing which they call NIYAAZ, and they cook special food on any specific day like on 21 of ramadhan as it is the date when hazrat Ali died and read surah fatiha and surah iklas falaq naas darood and some other surahs and then pray that may allah grant hazrat Ali great place in heaven and then eat the food with great respect ...they do this several times a year on the death anniversaries of sahabah and other great people.my immediate family does not do that b/c we think it is a bidaa‘t but when i told all those peple they did not agree with me and say that how can reading surh fatiha and other quranic verses be wrong? please clearify this thing to me that weather it is a kabirah sin or is it allowed in islam to do these things? Answer: Praise be to Allaah. The action which you describe is an innovation (bid’ah), as you indicated in your question, because there is no doubt that the people who are doing this are doing it as an act of worship by which they seek to draw closer to Allaah, and every action which is done as an act of worship must have evidence from the Qur’aan or Sunnah to show that it is prescribed, otherwise it is an innovation. With regard to those who ask, how can reciting Soorat al-Faatihah be wrong?
239
Basis for Jurisprudence and Islamic Rulings
It should be noted that innovations in religion are of two types: 1 – New innovations which have no basis in sharee’ah, such as those who invent a new prayer in a manner that has not been narrated in sharee’ah. This is an innovation for which Allaah threatens the one who does it with Hell. 2 – Innovations where something new is added to an action that has a basis in sharee’ah. For example, there are adhkaar (dhikr) which are prescribed following the prescribed prayers, which are well known, and no Muslim disagrees with this. But if a group of people comes along and says that so long as dhikr is prescribed following the prayer then we will remember Allaah together and recite dhikr in unison, this is bid’ah. We say to them, either you think that this way of reciting dhikr is better than the way of the Messenger (peace and blessings of Allaah be upon him), and therefore that you are following a way that is more guided and better than his (peace and blessings of Allaah be upon him) – which no Muslim would say who testifies that Muhammad is the Messenger of Allaah – or this is wrong and is an innovation, so they should give it up. Hence it is clear that regarding this matter as bid’ah does not mean at all that reciting al-Faatihah is wrong, rather what is wrong is reciting it in the manner mentioned in the question. We do not love the Sahaabah any more than those who came after them (the Taabi’een), and the Sahaabah were the people who had the greatest love for Allaah and His Messenger (peace and blessings of Allaah be upon him), and it is not narrated that they did that for their Prophet (peace and blessings of Allaah be upon him) when he died. All goodness is to be found in following them and their way, and all evil is to be found in going against them and shunning their way. Moreover, the fact that these people single out ‘Ali and do this on the 240
Basis for Jurisprudence and Islamic Rulings
occasion of his death implies that they are exaggerating about him. This may be one of the blameworthy innovations of Shi’ism, which is to be avoided altogether. May Allaah make us and you steadfast in adhering to the Sunnah and avoiding bid’ah. Ameen. For more information see question no. 10843, no. 864 and no. 11324. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 22457: Specifying a number of times to recite dhikr or du’aa’ that is not narrated in sharee’ah Question:
What are the basis of using such du’a as Ya lADIFU 29 TIMES Ya Qahharu 306 times, Hasbunallahu wa ni’imal wakeel 450 times e.t.c,how right or how wrong is it to use them because i didn’t find any verse of the Qur’an or Hadith that supports their use. Answer: Praise be to Allaah. There is no sound (saheeh) basis for reciting these adhkaar the number of times mentioned in the question. These numbers are usually stated by some of the innovators, most of whom are Sufis, who describe adhkaar and the number of times they are to be repeated, making that up themselves; they say whoever recites such and such will 241
Basis for Jurisprudence and Islamic Rulings
get such and such benefits and protection, and whoever recites such and such a wird will get such and such a reward. Of course, these are matters which can only be known through wahy (revelation). So the basic principle in this case is that dhikr and du’aa’s are of two types: 1 – Adhkaar which were narrated in the Qur’aan and Sunnah, to be recited at a certain time, in a certain place or in certain circumstances. This type should be recited as prescribed, at the appropriate time, or in the appropriate circumstances or place, with the correct words or posture, without adding anything or taking anything away. 2 – All dhikr or du’aa’ in general that is not connected to certain times or places. These fall into two categories: (i) Those which were narrated from the Prophet (peace and blessings of Allaah be upon him), so they should be recited in the wording that he used. They should not be connected to any particular time or place, and they should not be connected to a specific number of times to be recited. (ii) Those which were not narrated from the Prophet (peace and blessings of Allaah be upon him), rather the person makes them up himself, or they were narrated from the salaf. It is permissible to say such words so long as five conditions are met: 1- He should choose the best and clearest words, for he is conversing with his Lord and God. 2- The words should be of an appropriate style. 3- The du’aa’ should be free of anything that is forbidden in Islam, e.g. it should involve any element of seeking help from anything other than Allaah, and so on. 242
Basis for Jurisprudence and Islamic Rulings
4- It should be of the general kind of dhikr and du’aa’, not connected to a particular time, place or circumstances. 5- It should not be taken as a regular practice. Adapted from Tasheeh al-Du’aa’ by Shaykh Bakr Abu Zayd (p. 42) Based on the above, the words mentioned in the question are phrases that are narrated in the Qur’aan and Sunnah, but saying that they must be repeated this number of times is an innovated matter which should not be followed. Rather we should mention them during our du’aa’s and address Allaah by all His beautiful names, without singling out some names or stating that they should be recited a certain number of times or at certain times, making that up ourselves. We should adhere to what was narrated in sharee’ah concerning certain times, places or situations connected to a particular du’aa’; if no such details were narrated in sharee’ah then we should not make them up ourselves because that is encroaching upon the rights of Prophethood. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 21373: Kissing one’s thumbs when the name of the Prophet is mentioned is a bid’ah Question: do we kiss our thumbs when the prophet Mohammed’s (pbuh)name is said? 243
Basis for Jurisprudence and Islamic Rulings
Answer: Praise be to Allaah. As far as we know, there is no saheeh report from the Prophet (peace and blessings of Allaah be upon him) that when the muezzin says “Ashhadu anna Muhammadan Rasool-Allaah” we should kiss our thumbs, so doing so is a bid’ah (innovation). But it was proven that the Prophet (peace and blessings of Allaah be upon him) said, “Whoever innovates something in this matter of ours that is not part of it will have it rejected.” And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad. See Fataawa al-Lajnah al-Daa’imah, vol. 6, p. 96. (www.islam-qa.com) 13478: Are the compilation of the Qur’aan and the first adhaan for Jumu’ah forms of bid’ah (innovation)? Question: if bidah is wrong· then what about the quran being compiled? and other things such as umar introducing something in the azan? please make this clear as some people say good bidah is allowed· relating it to one of the prophets hadith? Answer: Praise be to Allaah. For a correct definition of bid’ah and guidelines concerning it, please see Questions no. 864, 205, 10843.
244
Basis for Jurisprudence and Islamic Rulings
With regard to what you mention about Abu Bakr compiling the Qur’aan, this is not bid’ah, rather it is Sunnah such as the Prophet (peace and blessings of Allaah be upon him) enjoined us to adhere to when he said: “I urge you to adhere to my Sunnah and the Sunnah of the Rightly-Guided khaleefahs after me.” (Narrated by alTirmidhi, 2676; Abu Dawood, 4607; Ibn Maajah, 42. This hadeeth was classed as saheeh by al-Tirmidhi, by alHaakim, 1/177; and by al-Albaani in Saheeh al-Jaami’, 2549, from the hadeeth of al-‘Irbaad ibn Saariyah). This is one of the Sunnahs of the Rightly-Guided Khaleefah Abu Bakr al-Siddeeq (may Allaah be pleased with him). Bid’ah means seeking to draw close to Allaah by means of acts of worship for which there is no precedent (in sharee’ah). The Qur’aan was compiled in people’s hearts and it was compiled on tablets kept by some of the Sahaabah. Compiling all of it in one place or on one tablet does not involve anything that is to be denounced. Zayd ibn Thaabit said – when Abu Bakr delegated him to collect the Mus-haf – I sought the Qur’aan and I gathered it from pieces, i.e., leaves, patches of leather, shoulderblades of sheep and camels, leaves of palm trees, and the hearts of men. Al-Qaadi Abu Bakr al-Baaqillaani mentioned the justification for the action of Abu Bakr, the five most important points of which were: 1 – That the Messenger of Allaah (peace and blessings of Allaah be upon him) did not do that for a reason, and Abu Bakr did it because there was a need for it. 2 – Allaah referred in the Qur’aan to al-Suhuf al-Oola (the former Scriptures – al-A’laa 89:19], and He stated that Muhammad (peace and blessings of Allaah be upon
245
Basis for Jurisprudence and Islamic Rulings
him) had something similar in the aayah (interpretation of the meaning]: “reciting (the Qur’aan) purified pages [purified from AlBaatil (falsehood)]. Wherein are correct and straight laws from Allaah” [al-Bayyinah 98:2-3] So this [action of Abu Bakr] was following that which was prescribed by Allaah and His Messenger. 3 – By doing that, their intention was to fulfil the words of Allaah: “Verily, We, it is We Who have sent down the Dhikr (i.e. the Qur’aan) and surely, We will guard it (from corruption)” [al-Hijr 15:9] It was preserved with Him, and He told us that He would preserve it after it had been sent down. Part of His preserving it was His enabling the Sahaabah to gather it and to agree upon how its spelling and punctuation were to be regulated. 4 – The Prophet (peace and blessings of Allaah be upon him) had scribes to whom he dictated it, so that everyone would understand from this that it should be written down and preserved on sheets. If Allaah’s guarantee to preserve it meant that the ummah would have nothing to do with it, the Messenger of Allaah (peace and blessings of Allaah be upon him) would not have had it written down after Allaah had told him of His guarantee to preserve it. But it is known that the way in which Allaah has preserved it is by causing us to preserve it and making that easy for us, and showing us how it is to be written down. 5 – It is proven that the Prophet (peace and blessings of 246
Basis for Jurisprudence and Islamic Rulings
Allaah be upon him) forbade traveling with the Qur’aan to the land of the enemy. This indicates that it was written down and that the people used to take it with them when they travelled. Abu Bakr ibn al-‘Arabi said: this is the clearest evidence for anyone who studies the issue. See Ahkaam al-Qur’aan, 2/612 With regard to your saying that ‘Umar added “something new” to the adhaan, we know nothing of that. But perhaps you were referring to the fact that ‘Uthmaan added the first call to the Jumu’ah prayers. This is correct, because at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), there was just one adhaan, but when ‘Uthmaan became khaleefah and Madeenah became larger, ‘Uthmaan thought that the call for Jumu’ah should be given before the time, so the people could get ready for the prayer. This is what is called the first adhaan. It was narrated that al-Saa’ib ibn Yazeed said: At the time of the Prophet (peace and blessings of Allaah be upon him), Abu Bakr and ‘Umar, the first call on Friday used to be when the imaam was sitting on the minbar. But at the time of ‘Uthmaan (may Allaah be pleased with him), when the number of people increased, he added the third call. According to one report, ‘Uthmaan gave orders for the first call. According to another report, the second adhaan was enjoined by ‘Uthmaan. There is no contradiction here, because it is called the third call in the sense that it was something added; the first in the sense that it comes before the adhaan and iqaamah; and the second in the sense that this is an adhaan given in addition to the real adhaan, which was given in alZawraa’. Abu ‘Abd-Allaah – i.e., al-Bukhaari – said that al-Zawraa’ was a place in the market of Madeenah. 247
Basis for Jurisprudence and Islamic Rulings
Narrated by al-Bukhaari, 870. This adhaan is not a bid’ah or reprehensible innovation, rather it is one of the Sunnahs of the Rightly-Guided Khaleefah ‘Uthmaan ibn ‘Affaan (may Allaah be pleased with him), which the Prophet (peace and blessings of Allaah be upon him) urged us to adhere to when he said: “I urge you to adhere to my Sunnah and the Sunnah of the Rightly-Guided khaleefahs after me.” Moreover there is a sound reason behind it, which is to alert the people to the fact that the time of prayer is at hand. And it is worth noting that there are no rulings attached to this (first) adhaan, such as the prohibition on buying or selling or the obligation to go to the mosque, and that ‘Uthmaan was wise to have this call made in the marketplace and not in the mosque. This is no more than an alert to the people, to let them know that the time for prayer is at hand, because the houses were far away and far from one another, as mentioned above. Hence it was narrated that ‘Ali (may Allaah be pleased with him) did not do that in Kufa because there was no need for it. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 10491: Dhikr recited in unison following the prayers Question: I am in Malaysia and women often pray in Jamaah, but 248
Basis for Jurisprudence and Islamic Rulings
the one who is Iman stands one step infront of the others. Is this in the Sunnah? They argue a lot about the interpretation of the Hadith where Aisha RA was seen leading the women in prayer while she was ine the middle of the row. Could you please tell me if there is any daleels for their behaviour or not??? In Malaysia, people interpret the Zikrin jammah after the Swalaat as something that rasulullah SAW and the Sahabas dulged into. For me it is clear that it is BIDAH. Could you please tell me some daleels that prove that ZIKR in Jamaah( loud chanting of duaahs and SUBHANALLAH ALHAMDOULILLAH And ALLAHU ACKBAR)is not part of the Sunnah... Answer: Praise be to Allaah. 1 – With regard to a woman leading other women in prayer, please see Questions # 9783, 14247. With regard to dhikr recited in unison, the Standing Committee was asked about du’aa’ and dhikr recited in unison, and they answered: The basic principle concerning dhikr and acts of worship is that there is no room for adding or subtracting anything. Allaah should only be worshipped in the ways that He has prescribed; this applies whether it is something that can be done at any time or something that is limited to a specific time and how it is to be done and how many times it is to be done. With regard to dhikrs and du’aa’s that Allaah has prescribed and all kinds of worship that are not limited with regard to time and numbers, location or a particular way in which they are to be done, it is not permissible for us to adhere to a particular way, time or 249
Basis for Jurisprudence and Islamic Rulings
number; rather we are to do these acts of worship without restrictions as it was prescribed. In matters where it isproven in the words or deeds of the Prophet (peace and blessings of Allaah be upon him) that an action is to be done at a certain time or a certain number of times or in a certain place or in a certain manner, then we should worship Allaah in accordance with what has been prescribed. It has not been proven from the words or deeds or approval of the Prophet (peace and blessings of Allaah be upon him) that he recited du’aa’ in unison with others following the prayers, or after reading Qur’aan, or following each lesson, whether that took the form of the imaam reciting du’aa’ and the congregation saying Ameen to his du’aa’, or whether they all recited du’aa’ together in unison. That was not known at the time of the Rightly-Guided Khaleefahs or any of the Sahaabah (may Allaah be pleased with them). Whoever adheres to the practice of reciting du’aa’ in unison following the prayers or after reading Qur’aan or after every lesson has innovated something and introduced into the religion something which is not a part of it. It was narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever innovates something in this matter of ours (i.e. Islam) that is not part of it will have it rejected.” And he said: “Whoever does something that is not in accordance with this matter of ours (Islam) will have it rejected.” If it were prescribed to adhere to a certain way of doing it, the Prophet (peace and blessings of Allaah be upon him) and his successors (khulafa’) after him would have adhered to that. We have stated above that no such thing was proven from him or from his companions (may Allaah be pleased with them). All goodness is to be found in following the guidance of the Prophet (peace and blessings of Allaah be upon him) and the guidance of the Rightly250
Basis for Jurisprudence and Islamic Rulings
Guided Khulafa’ (may Allaah be pleased with them); all evil is to be found in going against their guidance and following the innovated matters against which the Prophet (peace and blessings of Allaah be upon him) warned us by saying, “Beware of newly-innovated matters, for every innovation is misguidance.” May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Fataawa Islamiyyah, 4/178 Islam Q&A (www.islamqa.com) 22322: The difference between setting an appointed time for lessons and setting an appointed time for qiyaam al-layl Question: We hope that you can advise us. Is setting an appointed time each week for giving religious lectures or holding study circles a form of reprehensible bid’ah (innovation), on the grounds that that seeking knowledge is a form of worship? The Messenger (peace and blessings of Allaah be upon him) did not set appointed times for this act of worship. Following on from that, if a group of brothers agree to meet in the mosque on a particular night each month to perform qiyaam al-layl, is that bid’ah? Please quote the evidence (daleel) (concerning that). Answer: Praise be to Allaah. Shaykh Muhammad ibn Saalih ibn ‘Uthaymeen (may Allaah have mercy on him) was asked this question, and he replied as follows: 251
Basis for Jurisprudence and Islamic Rulings
Setting aside a regular day for giving lectures or holding a study circle is not a reprehensible bid’ah. Rather it is permissible, as it is permissible to set aside a day in schools and institutes to study fiqh, tafseer, etc. Undoubtedly seeking Islamic knowledge is a form of worship but setting aside a particular day for it is something which is dictated by our circumstances. It is in our interests to set aside a specific day for that so that people will not be put in a difficult position. Seeking knowledge is not an act of worship which is linked to a specific time, rather it is to be done at times which are convenient. But if a special day is set aside and is regarded as being solely for seeking knowledge, then this is bid’ah. With regard to a group agreeing to meet on a specific night for qiyaam al-layl, this is bid’ah, because it is not prescribed for a group to perform qiyaam al-layl together. But if this is done occasionally and unintentionally, as happened in the case of the Prophet (peace and blessings of Allaah be upon him) and ‘Abd-Allaah (may Allaah be pleased with him), this is OK. From Fataawa al-Shaykh Muhammad Saalih ibn ‘Uthaymeen, Kitaab al-‘Ilm, p. 208 (www.islam-qa.com) 13337: Ruling on uttering the intention (niyyah) in acts of worship Question: Should a Muslim utter the intention (niyyah) when he starts to do an act of worship, such as saying, “I intend to do wudoo’”, “I intend to pray”, “I intend to fast” and so on? Answer: Praise be to Allaah. 252
Basis for Jurisprudence and Islamic Rulings
Shaykh al-Islam Ibn Taymiyah was asked about the intention when starting to do an act of worship such as praying etc., do we need to utter it verbally, such as saying, “I intend to pray, I intend to fast”? He replied: Praise be to Allaah. The intention of purifying oneself by doing wudoo’ ghusl or tayammum, of praying, fasting, paying zakaah, offering kafaarah (expiation) and other acts of worship does not need to be uttered verbally, according to the consensus of the imaams of Islam. Rather the place of intention is the heart, according to the consensus among them. If a person utters something by mistake that goes against what is in his heart, then what counts is what he intended, not what he said. No one has mentioned any difference of opinion concerning this matter, except that some of the later followers of al-Shaafa’i expressed approval of that, but some of the leaders of this madhhab said that this was wrong. But in the dispute among the scholars as to whether it is mustahabb to utter one’s intention, there are two points of view. Some of the companions of Abu Haneefah, alShaafa’i and Ahmad said that it is mustahabb to utter the intention so as to make it stronger. Some of the companions of Maalik, Ahmad and others said that it is not mustahabb to utter it, because that is a bid’ah (innovation). It was not narrated that the Messenger of Allaah (peace and blessings of Allaah be upon him) or his Sahaabah did it or that he commanded anyone among his ummah to utter the intention. That is not known from any of the Muslims. If that had been prescribed then the Prophet (peace and blessings of Allaah be upon him) and his companions would not have neglected it, as it has to 253
Basis for Jurisprudence and Islamic Rulings
do with worship which the ummah does every day and night. This is the more correct view. Indeed, uttering the intention is a of irrational thinking and falling short in religious commitment. In terms of falling short in religious commitment, that is because it is bid’ah (an innovation). In terms of irrational thinking, that is because it is like a person who wants to eat some food saying, “I intend to put my hand in this vessel, take out a morsel of food, put it in my mouth and chew it, then swallow it, and eat until I have had my fill.” This is sheer foolishness and ignorance. Intention is connected to knowledge. If a person knows what he is doing then he has obviously made an intention. It cannot be imagined, if he knows what he wants to do, that he has not formed an intention. The imaams are agreed that speaking the intention out loud and repeating it is not prescribed in Islam, rather the person who has made this a habit should be disciplined and told not to worship Allaah by following bid’ah and not to disturb others by raising his voice. And Allaah knows best. Al-Fataawa al-Kubra, 1/214, 215 (www.islam-qa.com) 13475: She is asking about myths concerning getting married between the two Eids, and what is wrong with that according to sharee’ah Question: my question is that here in Asia most of the people think that if we got marry between two eids i mean EID-ULFITAR till EID-UL-AZHA so it is very bad and one of the pair mean birde or groom die because it is not good to 254
Basis for Jurisprudence and Islamic Rulings
marry between two EIDS ,i want to know whether it is right or wrong from Islamic point of view ,i know that there are large numbers of question asked but you can also post the answer to this question in your site it will be very useful InshAllahtala because many people even being muslim have very strong believe that these things are true as far as i know there is nothing in Islam like this and it is wrong but i want more detail so that i could tell other people also you wrote that one should not fast or pray specially beacause it is 15 Shaban and the sawab will be greater but if it is his rotine than he or she can ,here where i am livin muslims are very careful about this day and they fast and pray for Almighty Allah j and tell that it is very sawab and it is in Ahadis sharif and when i told them about your article they told me that no there are Ahadis sharif about the greatness of this day . Answer: Praise be to Allaah. With regard to the first question: The answer is in two parts. Firstly, the belief mentioned in the question is not correct; it is a kind of innovation and misguidance which has no basis in sharee’ah, and is not indicated by the Qur’aan or Sunnah. Secondly, this belief goes against the sharee’ah of Islam in several ways: (i) The belief that someone will die during this period. It is not permissible to believe this because death and life are in the hand of Allaah and the appointed time of man’s death is something of which Allaah has kept the knowledge to Himself. No one among mankind knows when he will die. This is something which Allaah has not 255
Basis for Jurisprudence and Islamic Rulings
told to any of His creation. Hence the Prophet (peace and blessings of Allaah be upon him) said, in the hadeeth whose authenticity is agreed upon which was narrated from Abu Hurayrah (may Allaah be pleased with him), in the lengthy hadeeth of Jibreel: “There are five things which no one knows except Allaah.” Then he recited the verse (interpretation of the meaning): “Verily, Allaah, with Him (Alone) is the knowledge of the Hour, He sends down the rain, and knows that which is in the wombs. No person knows what he will earn tomorrow, and no person knows in what land he will die. Verily, Allaah is AllKnower, AllAware (of things” [Luqmaan 31:34] (Narrated by al-Bukhaari, 48; Muslim, 10) Claiming that marrying during this period will lead to death is a claim to have knowledge of the unseen, and everyone who claims to have knowledge of the unseen is lying. Hence the leaders of falsehood are those who claim to have some knowledge of the unseen. (ii) This also undermines faith, because it implies a lack of belief in the Divine will and decree (al-qadaa’ wa’lqadar). Hence the Prophet (peace and blessings of Allaah be upon him) taught Ibn ‘Abbaas, when he was a boy, “Know that if the nation were to gather together to benefit you in any way, they would not be able to benefit you in any way except that which Allaah had decreed for you, and if they were to gather together to do you harm in any way, they would not be able to harm you except that which Allaah had decreed for you. The pens have been lifted and the pages have dried.” (Narrated by al-Tirmidhi, Sifat al-Qiyaamah, 2440; classed as saheeh by al-Albaani in Saheeh Sunan al-Tirmidhi, no. 2043). It was narrated that ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas said: “I heard the 256
Basis for Jurisprudence and Islamic Rulings
Messenger of Allaah (peace and blessings of Allaah be upon him) say, ‘Allaah decreed the fate of His creatures fifty thousand years before He created the heavens and the earth.’” (Narrated by Muslim, al-Qadar, 4797) (iii) It also undermines Tawheed and its perfection, because it involves regarding something as an evil omen and pessimism. It says in the hadeeth narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “There is no ‘adwaa [contagion, transmission of infectious disease without the permission of Allaah], no tiyarah [superstitious belief in bird omens], no haamah [refers to a Jaahili Arab tradition described variously as: a worm which infests the grave of a murder victim until he is avenged; an owl; or the bones of a dead person turned into a bird that could fly], and no Safar [the month of Safar was regarded as “unlucky” during the Jaahiliyyah].” (Narrated by al-Bukhaari, al-Tibb, 5316) Tatayyur (superstitious belief in bad omens) means pessimism. It was narrated in the hadeeth of Ibn Mas’ood that the Prophet (peace and blessings of Allaah be upon him) said: “Tiyarah (believing in evil omens) is a kind of shirk.” (Narrated by al-Tirmidhi, al-Siyar, 1539; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, no. 1314) It should be noted that superstitious belief in bad omens contradicts Tawheed in two ways: Firstly, superstitious belief prevents one from putting one’s trust in Allaah and makes one depend on someone other than Him. Secondly, it causes people to depend on things that have no basis in reality, for there is no connection between 257
Basis for Jurisprudence and Islamic Rulings
getting married in this month and whatever may happen subsequently. Undoubtedly this undermines Tawheed, because Tawheed means worship and seeking help. Allaah says (interpretation of the meaning): “You (Alone) we worship, and You (Alone) we ask for help (for each and everything).”[al-Faatihah 1:5] and: “So worship Him (O Muhammad) and put your trust in Him” [Hood 11:123] Hence ‘Aa’ishah (may Allaah be pleased with her) used to say that the Prophet (peace and blessings of Allaah be upon him) married her in Shawwaal and consummated the marriage with her in Shawwaal and she was the dearest and most beloved of his wives to him. The Arabs used to regard this month as inauspicious and they used to say that if a person got married in Shawwaal, the marriage would not succeed, but this is not true. In the case of one who believes in evil omens, one of two things must apply: Either he will give up, respond to the “bad omen”, and not take action, which is the worst kind of superstition and pessimism, or he will go ahead, but he will be anxious and worried, fearing that he will be affected by this bad omen. This is less serious, but both detract from Tawheed and adversely affect people. (See al-Qawl al-Mufeed by Ibn ‘Uthaymeen, part 2, p. 77-78) In practical terms, we see that the saheeh Sunnah of the Prophet (peace and blessings of Allaah be upon him) prove that this myth is false, for the best of mankind, Muhammad (peace and blessings of Allaah be upon him), got married 258
Basis for Jurisprudence and Islamic Rulings
to the most beloved of people to him, namely ‘Aa’ishah (may Allaah be pleased with her), and his marriage to her took place between the two Eids, and she was one of the happiest of people with him. Indeed, she herself refuted this jaahili claim by saying, “The Messenger of Allaah (peace and blessings of Allaah be upon him) married me in Shawwaal and he consummated the marriage with me in Shawwaal, and which of the wives of the Messenger of Allaah (peace and blessings of Allaah be upon him) was dearer to him than me?” ‘Urwah ibn al-Zubayr said: ‘Aa’ishah used to like marriages to be consummated in Shawwaal. (Narrated by Muslim, 1423) Al-Nawawi said: This shows that it is mustahabb to arrange marriages, get married and consummate marriages in Shawwaal. Our companions stated that it is mustahabb, and they quoted this hadeeth as evidence. By saying this, ‘Aa’ishah intended to refute the practice and belief of the jaahiliyyah. What some of the common people believe nowadays, that it is disliked to arrange marriages, get married and consummate marriages in Shawwaal, is false and has no basis. This is one of the leftovers of the jaahiliyyah. They used to regard that as inauspicious because of the fact that the name Shawwaal carries connotations of lifting. Sharh Muslim, 9/209 Ibn al-Qayyim said: ‘Aa’ishah the Mother of the Believers (may Allaah be pleased with her) regarded it as mustahabb for a woman to be married or the marriage to be consummated with her in Shawwaal. She said, “The Messenger of Allaah (peace and blessings of Allaah be upon him) only married 259
Basis for Jurisprudence and Islamic Rulings
me in Shawwaal, and which of his wives was more beloved to him than me?” even though the people regarded marriage in Shawwaal as inauspicious This is something which the believers who truly put their trust in Allaah and whose hearts truly find contentment with their Lord should resolve to do, those who know that what Allaah wills will happen and what He does not will will not happen, and that nothing will befall them except that which Allaah has decreed, and that no calamity will befall them except that which was already written in the Book before they were created, who know that they will inevitably come to that which has been decreed for them, which must inevitably happen to them. If they are superstitious, this will not ward off the decree from them, rather their superstition will be one of the main reasons why what they fear of the Divine will and decree will come to them. Thus their fear will be the means of bringing what they fear upon them. So according to the will and decree of Allaah, their weakness of faith will be the cause of what they dislike happening to them, so their bad omen is with themselves. But those who put their trust in Allaah, who delegate their affairs to Him, who know Him and His commands, their souls are more noble than that and their interests more sublime. Their trust in Allaah and their positive thoughts of Him give them power, strength and protection against the things which people regard as evil omens and about which they are pessimistic. They know that there is no omen [or no birds] except His, no good except His, there is no god but Him, and that the Creation and Command are His, the Lord of the Worlds. Miftaah Daar al-Sa’aadah, 2/261 With regard to the second question, please see the answer to Question # 8907, and the ruling on celebrating Laylat al-Nusf min Sha’baan (the fifteenth of Sha’baan) in the Periodical Topics section of this website. 260
Basis for Jurisprudence and Islamic Rulings
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 9788: Does saying something that is bid’ah make one an innovator ? Question: If a scholar says something that is bid’ah or he agrees with those who follow bid’ah concerning a particular innovation, is he one of them? Answer: Praise be to Allaah. This question was put to Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him), who said: The question may be examined from two angles: If a scholar says something which is bid’ah or follows the path of bid’ah with regard to a particular issue, is he counted as being one of them? The answer is no, he is not counted as being one of them and is not to be described as such. If he agrees with them on one particular issue then he has agreed with them on that issue, but it is not correct to say that he is one of them in absolute terms. For example, there may be someone who follows the madhhab of Ahmad (i.e., Hanbali) but with regard to a particular issue he follows the view of Imaam Maalik – is he to be counted as a Maaliki? No.
261
Basis for Jurisprudence and Islamic Rulings
Similarly, if a faqeeh follows the madhhab of Abu Haneefah (i.e., Hanafi) but with regard to a particular issue he follows the madhhab of al-Shaafa’i, do we say that he is a Shaafa’i? No. So if we see a scholar who is known to be sincere following something that is the view of the people of bid’ah, it is not correct for us to say that he is one of them or is following their way. Rather we should say that because we know that they are following the Qur’aan and Sunnah, and that they are sincere in advising people, if they err with regard to this issue, that error stems from ijtihaad, and the mujtahid in this ummah will have two rewards if he reaches the right conclusion, and if he makes a mistake then he will have one reward. Whoever rejects the whole truth (to which that person is calling people) because of one mistaken word is misguided, especially if the thing that he thinks is a mistake is not actually a mistake. Some people, if anyone disagrees with them, say that he is mistaken. They may describe him as being mistaken or misguided, or even as being a kaafir – Allaah forbid. This is an extremely bad way of judging people. The one who regards people as being kaafirs for any reason or for any sin, is following a way that is even harsher than the way of the Khawaarij, because the Khawaarij used to regard the one who committed a major sin as being a kaafir, not just the one who committed any sin. So if there is anyone who regards the Muslims as kaafirs for any sin, then he is misguided and is going against the Qur’aan and Sunnah, and is more extreme than the Khawaarij whom ‘Ali ibn Abi Taalib fought against. The Muslims differed as to whether they were to be regarded as kaafirs. Some described them as kaafirs (disbelievers) and some described them as evildoers and extreme wrongdoers. Does not Allaah say (interpretation of the meaning): 262
Basis for Jurisprudence and Islamic Rulings
“If you avoid the great sins which you are forbidden to do, We shall expiate from you your (small) sins, and admit you to a Noble Entrance (i.e. Paradise)” [al-Nisaa’ 4:31] By avoiding major sins, a person may be forgiven for minor sins, so long as he does not persist in those minor sins. But if he persists in them, then the scholars said that persisting in a minor sin makes that a major sin. No doubt the view of those who label people as kaafirs because of their sins is misguided, and the one who says that the Muslims should be regarded as kaafirs because of their sins should note that the Messenger SAWS (peace and blessings of Allaah be upon him) said: “Whoever calls his brother a kaafir – when that is not the case – it will come back on him.” This is what the Messenger said, so even if that person is not regarded as a kaafir in this world, he may become a kaafir in the sight of Allaah. Al-Liqaa’ al-Shahri, 15 by Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) (www.islam-qa.com) 14320: Is there any valid proof for Salaat al-Tasaabeeh? Question: Is there a hadith that supports Salat Ul-Tasaabeeh? If so, what is the reference? Answer: Praise be to Allaah. There are ahaadeeth concerning Salaat al-Tasaabeeh which are attributed to the Prophet (peace and blessings of Allaah be upon him), and which were classed as hasan 263
Basis for Jurisprudence and Islamic Rulings
by some of the scholars, but may scholars said that they are da’eef (weak) and that this prayer is not prescribed in Islam. The Standing Committee was asked about Salaat alTasaabeeh, and they answered: Salaat al-Tasaabeeh is a bid’ah (innovation) and the hadeeth concerning it is not proven, rather it is munkar. Some of the scholars mentioned it among the mawdoo’ (fabricated) ahaadeeth. See Fataawa al-Lajnah alDaa’imah, vol. 8, p. 163 Shaykh Ibn ‘Uthaymeen said: Salaat al-Tasaabeeh is not prescribed, because the hadeeth is da’eef (weak). Imaam Ahmad said there is no sound evidence for it. Shaykh alIslam Ibn Taymiyah said it is a fabrication, and he said that none of the imaams recommended it. He (may Allaah have mercy on him) spoke the truth, because whoever examines this prayer will find that it is odd in the way it is performed … Moreover, if it were prescribed, it would have been something that was reported in many reports because of its great virtue and reward. Since there are no such reports and none of the imaams described it as being recommended, we know that it is not proven. The oddness in the way in which it is performed is as described in the hadeeth narrated concerning it, which says that it is to be performed once every day, or once every week, or once every month, or once every year, or once in a lifetime. This indicates that these reports are not sound; if it were prescribed, it would be something to be done on a regular basis, and one would not be given such a variety of options. On this basis, people should not do this prayer. And Allaah knows best. Fataawa Manaar al-Islam, 1/203 264
Basis for Jurisprudence and Islamic Rulings
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 10843: Detailed discussion of bid’ah and shirk Question: Can we call people who do shirk and bid’ah muslims? Answer: This question involves two issues, bid’ah (innovation) and shirk (polytheism, association of others with Allaah). A. Bid’ah. This issue may be divided into three topics: 1. Definition of bid’ah 2. Categories of bid’ah 3. Rulings on one who commits bid’ah – does that make him a kaafir or not? 1. Definition of bid’ah. Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said: “According to sharee’ah, the definition is ‘Worshipping Allaah in ways that Allaah has not prescribed.’ If you wish you may say, ‘Worshipping Allaah in ways that are not those of the Prophet (peace and blessings of Allaah be upon him) or his rightly guided successors (al-khulafaa’ al-raashidoon).’” The first definition is taken from the aayah (interpretation of the meaning): “Or have they partners with Allaah (false gods) who have 265
Basis for Jurisprudence and Islamic Rulings
instituted for them a religion which Allaah has not ordained?” [al-Shooraa 42:21] The second definition is taken from the hadeeth of the Prophet (peace and blessings of Allaah be upon him), who said: “I urge you to adhere to my way (Sunnah) and the way of the rightly-guided successors (al-khulafa’ al-raashidoon) who come after me. Hold fast to it and bite onto it with your eyeteeth [i.e., cling firmly to it], and beware of newlyinvented matters.” So everyone who worships Allaah in a manner that Allaah has not prescribed or in a manner that is not in accordance with the way of the Prophet (peace and blessings of Allaah be upon him) or his rightly-guided successors (al-khulafa’ al-raashidoon), is an innovator, whether that innovated worship has to do with the names and attributes of Allaah, or to do with His rulings and laws. With regard to ordinary matters of habit and custom, these are not called bid’ah (innovation) in Islam, even though they may be described as such in linguistic terms. But they are not innovations in the religious sense, and these are not the things that the Prophet (peace and blessings of Allaah be upon him) was warning us against. And there is no such thing in Islam as bid’ah hasanah (good innovation).” (Majmoo’ Fataawa Ibn ‘Uthaymeen, vol. 2, p. 291) 2. Categories of bid’ah Bid’ah may be divided into two categories: (i) bid’ah which constitutes kufr 266
Basis for Jurisprudence and Islamic Rulings
(ii) bid’ah which does not constitute kufr If you ask, what is the definition of bid’ah which constitutes kufr and that which does not constitute kufr? The answer is: Shaykh Haafiz al-Hukami (may Allaah have mercy on him) said: “The kind of bid’ah which constitutes kufr is when one denies a matter on which there is scholarly consensus, which widely-known, and which no Muslim can have any excuse for not knowing, such as denying something that is obligatory, making something obligatory that is not obligatory, or making something haraam halaal, or making something halaal haraam; or believing some notion about Allaah, His Messenger and His Book when they are far above that, whether in terms of denial of affirmation – because that means disbelieving in the Qur’aan and in the message with which Allaah sent His Messenger (peace and blessings of Allaah be upon him). Examples include the bid’ah of the Jahamiyyah, who denied the attributes of Allaah; or the notion that the Qur’aan was created; or the notion that some of the attributes of Allaah were created; or the bid’ah of the Qadariyyah who denied the knowledge and actions of Allaah; or the bid’ah of the Mujassimah who likened Allaah to His creation… etc. The second category, bid’ah which does not constitute kufr, is defined as that which does not imply rejection of the Qur’aan or of anything with which Allaah sent His Messengers. Examples include the Marwaani bid’ahs (which were denounced by the greatest Sahaabah who did not approve of them, although they did not denounce them as kaafirs or refuse to give them bay’ah because of that), such as delaying some of the prayers until the end of the due times, 267
Basis for Jurisprudence and Islamic Rulings
doing the Eid khutbah before the Eid prayer, delivering the khutbah whilst sitting down on Fridays, etc. (Ma’aarij al-Qubool, 2/503-504) 3- The ruling on one who commits bid’ah – is he regarded as a kaafir or not? The answer is that it depends. If the bid’ah constitutes kufr, then the person is one of the following two types: (i) Either it is known that his intention is to destroy the foundations of Islam and make the Muslims doubt it. Such a person is definitely a kaafir; indeed, he is a stranger to Islam and is one of the enemies of the faith. (ii) Or he is deceived and confused; he cannot be denounced as a kaafir until proof is established against him, fair and square. If the bid’ah does not constitute kufr, then he should not be denounced as a kaafir. Rather, he remains a Muslim, but he has done a gravely evil action. If you ask, how should we deal with those who commit bid’ah? The answer is: Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said: “In both cases, we have to call these people – who claim to be Muslim but who commit acts of bid’ah which may constitute kufr or may be less than that – to the truth, by explaining the truth without being hostile or condemning what they are doing. But once we know that they are too arrogant to accept the truth – for Allaah says (interpretation of the meaning), ‘And insult not those whom they (disbelievers) worship besides 268
Basis for Jurisprudence and Islamic Rulings
Allaah, lest they insult Allaah wrongfully without knowledge.’ [al-An’aam 6:108] – if we find out that they are stubborn and arrogant, then we should point out their falsehood, because then pointing out their falsehood becomes an obligation upon us. With regard to boycotting them, that depends upon the bid’ah. If it is a bid’ah which constitutes kufr, then it is obligatory to boycott the person who does it. If it is of a lesser degree than that, then it is essential to examine the situation further. If something may be achieved by boycotting the person, then we do it; if no purpose will be served by it, or if it will only make him more disobedient and arrogant, then we should avoid doing that, because whatever serves no purpose, it is better not to do it. And also in principle it is haraam to boycott a believer, because the Prophet (peace and blessings of Allaah be upon him) said: ‘It is not permissible for a man to forsake [not speak to] his brother for more than three [days].’” (Adapted from Majmoo’ Fataawa Ibn ‘Uthaymeen, vol. 2, p. 293) B. Shirk, its types and the definition of each Shaykh Muhammad ibn ‘Uthaymeen said: “Shirk is of two types, major shirk which puts a person beyond the pale of Islam, and lesser shirk.” The first type, major shirk, is “Every type of shirk which the Lawgiver described as such and which puts a person beyond the pale of his religion” – such as devoting any kind of act of worship which should be for Allaah to someone other than Allaah, such as praying to anyone other than Allaah, fasting for anyone other than Allaah or offering a sacrifice to anyone other than Allaah. It is also a form of major shirk to offer supplication (du’aa’) to anyone other than Allaah, such as calling upon the 269
Basis for Jurisprudence and Islamic Rulings
occupant of a grave or calling upon one who is absent to help one in some way in which no one is able to help except Allaah. The second type is minor shirk, which means every kind of speech or action that Islam describes as shirk, but it does not put a person beyond the pale of Islam – such as swearing an oath by something other than Allaah, because the Prophet (peace and blessings of Allaah be upon him) said that whoever swears an oath by something other than Allaah is guilty of kufr or shirk.” The one who swears an oath by something other than Allaah but does not believe that anyone other than Allaah has the same greatness as Allah, is a mushrik who is guilty of lesser shirk, regardless of whether the one by whom he swore is venerated by people or not. It is not permissible to swear by the Prophet (peace and blessings of Allaah be upon him), or by the president, or by the Ka’bah, or by Jibreel, because this is shirk, but it is minor shirk which does not put a person beyond the pale of Islam. Another type of minor shirk is showing off, which means that a person does something so that people will see it, not for the sake of Allaah. The ways in which showing off may cancel out acts of worship are either of the following: The first is when it is applies to an act of worship from the outset, i.e., the person is not doing that action for any reason other than showing off. In this case, the action is invalid and is rejected, because of the hadeeth of Abu Hurayrah which was attributed to the Prophet (peace and blessings of Allaah be upon him), which says that Allaah said, “I am so self-sufficient that I am in no need of having an associate. Thus he who does an action for someone
270
Basis for Jurisprudence and Islamic Rulings
else’s sake as well as Mine will have that action renounced by Me to him whom he associated with Me.” (Narrated by Muslim, Kitaab al-Zuhd, no. 2985) The second is when the showing off happens later on during the act of worship, i.e., the action is originally for Allaah, then showing off creeps into it. This may be one of two cases: The first is when the person resists it – this does not harm him. For example, a man has prayed a rak’ah, then some people come along during his second rak’ah and it occurs to him to make the rukoo’ or sujood longer, or makes himself weep, and so on. If he resists that, it does not harm him, because he is striving against this idea. But if he goes along with that, then every action which stemmed from showing off is invalid, such as if he made his standing or prostration long, or he made himself weep – all of those actions will be cancelled out. But does this invalidation extend to the entire act of worship or not? We say that either of the following must apply: Either the end of his act of worship was connected to the beginning (with no pause); so if the end of it is invalidated then all of it is invalidated. This is the case with the prayer – the last part of it cannot be invalidated without the first part also being invalidated, so the whole prayer is invalid. Or if the beginning of the action is separate from the end of it, then the first part is valid but the latter part is not. Whatever came before the showing off is valid, and what came after it is not valid.
271
Basis for Jurisprudence and Islamic Rulings
An example of that is a man who has a hundred riyals, and gives fifty of them in charity for the sake of Allaah with a sound intention, then he gives fifty in charity for the purpose of showing off. The first fifty are accepted, and the second fifty are not accepted, because the latter is separate from the former.” Majmoo’ Fataawa wa Rasaa’il Ibn ‘Uthaymeen, and alQawl al-Mufeed Sharh Kitaab al-Tawheed, vol. 1, p. 114, 1st edition Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 9055: Celebrations commemorating some of the scholars Question: What is the ruling on celebrations held in commemoration of one hundred days or forty days since the death of one of the scholars? Answer: Praise be to Allaah. Among the innovated matters that have appeared in some Muslim societies are celebrations to commemorate some of the dead, especially the scholars. These celebrations take place on the anniversary of the death of the person who is being commemorated, and they may take place a year or more after his death. These celebrations vary from one person to another. If he 272
Basis for Jurisprudence and Islamic Rulings
was one of the common people or one of those who was thought to have knowledge even though he was ignorant, on the fortieth day after his death, his family commemorate his death, calling it “al-arba’een” (forty). They bring people together in a special tent or in the house of the deceased, and they bring Qur’aan-readers to recite Qur’aan, and they prepare a meal like a wedding feast, and they adorn the place with lights and comfortable furnishings. They go to great expense, and their purpose in doing this is to show off. No doubt this is haraam, because it involves wasting the money of the deceased for no legitimate purpose. It beings no benefit to the deceased himself and results in loss for his family. This is the case if there is no one among the heirs who is too young to be in charge of the money, so what do you think if there is someone like that among them! They may even finance that by means of a loan which involves riba (interest) – we seek refuge with Allaah from His Wrath. (al-Ibdaa’, p. 228) Ibn Qayyim al-Jawziyyah (may Allaah have mercy on him) said: “One of the things that the Prophet (peace and blessings of Allaah be upon him) taught was to offer condolences to the family of the bereaved, but it is not part of his teachings to gather together to mourn and read Qur’aan for him (the deceased), whether that is at the grave or elsewhere. All of that is bid’ah and a reprehensible innovation.” (Zaad al-Ma’aad, 1/527) ‘Ali Mahfooz (may Allaah have mercy on him) said: “What people do nowadays of offering food to the people who come to offer their condolences, and going to great expense on the nights of mourning, and subsequent occasions such as Friday nights and the forty-day anniversary of the death (al-arba’een), all of that is reprehensible bid’ah which goes against the practice of the Messenger of Allaah (peace and blessings of Allaah 273
Basis for Jurisprudence and Islamic Rulings
be upon him) and the righteous salaf after him.” (alIbdaa’, p. 230). This celebration or commemoration is an innovation and a bid’ah, which was not narrated from the Messenger (peace and blessings of Allaah be upon him) or from his companions (may Allaah be pleased with them) or the righteous salaf (may Allaah have mercy on them). The Sunnah in this case is to make food for the family of the deceased and to send it to them, not for them to have to make food and invite people to come and eat it. When news of the death of Ja’far ibn Abi Taalib (may Allaah be pleased with him) came, the Prophet (peace and blessings of Allaah be upon him) said, “Make food for the family of Ja’far, because there has come to them that which will preoccupy them.” (Narrated by Ahmad in his Musnad, 1/ 205. Also narrated by Abu Dawood in his Sunan, 3/497, Kitaab al-Janaa’iz, hadeeth no. 3132. Also narrated by al-Tirmidhi in his Sunan, 2/234, Abwaab al-Janaa’iz, hadeeth no. 1003; he said it is a hasan hadeeth. Also narrated by Ibn Maajah in his Sunan, 1/514, Kitaab alJanaa’iz, hadeeth no 1610. Also narrated by al-Haakim in al-Mustadrak, 1/372, Kitaab al-Janaa’iz; he said, it is a hadeeth whose isnaad is saheeh although they (alBukhaari and Muslim) did not narrate it, and al-Dhahabi agreed with him in his Talkhees). Jareer ibn ‘Abd-Allaah al-Bajali said: “We used to consider gathering with the family of the deceased and making food to be a form of wailing.” (Narrated by Ibn Maajah in his Sunan, 1/514, Kitaab al-Janaa’iz, hadeeth no. 1612. Al-Busayri said in Zawaa’id Ibn Maajah (2/ 35): “This is a saheeh isnaad; the men of the first isnaad are according to the conditions of al-Bukhaari, and the men of the second isnaad are according to the conditions of Muslim.”) But if the person whose death is being commemorated 274
Basis for Jurisprudence and Islamic Rulings
was one of the scholars, on the anniversary of his death, one or two years later, then they hold special celebrations. A group of researchers agree to write about his life and character, or his method of writing, and everything that has to do with him, then they present that research on that day, and publish his books, or the most important and most famous of them, and they are distributed in the marketplaces to keep his memory alive, or so they say, and to make known the efforts he made to spread and publish knowledge and so on. If he was a king, ruler or president, this occasion is celebrated and the most senior of those who are present speak of his legacy and work in government, and some books about him may be published on this occasion. Some people may go to his grave and recite wird over it, or recite al-Faatihah for his soul, All of that is bid’ah for which Allaah has not revealed any authority. There is nothing inherently wrong with publishing the books of a scholar, or writing his biography or writing about his methodology, or printing his books. These things should be done if he deserves that. But that should not be done specifically at a certain time, or be accompanied by celebrations, festivals and speeches etc. The same applies to kings and rulers. Celebrations held to commemorate the death of scholars, rulers and some common folk are an innovation, and that is sufficient to condemn them. There was no one who had more knowledge than the Prophet (peace and blessings of Allaah be upon him), and there was no one whose way of calling others to Islam was better. No one had a nobler status or a higher rank than he did (peace and blessings of Allaah be upon him), for he is the best of all creation. But despite that the Sahaabah did not commemorate his death, even though 275
Basis for Jurisprudence and Islamic Rulings
no person has ever been more dearly loved than the Prophet (peace and blessings of Allaah be upon him) was loved by the Sahaabah (may Allaah be pleased with them) or the Taabi’een or the righteous salaf (may Allaah have mercy on them). If there had been any good in doing so, they would have done it before us. Respecting the scholars is not done by holding celebrations in their memory; it is done by striving to benefit from the things they have written, by publishing and reading and commenting etc. This applies if they are deserving of that, by virtue of their having lived according to the way of the righteous salaf, and kept away from the way of the deviant sects or the influence of the west, etc. The memory and narrations of the scholars of the righteous salaf and those who came after them, and the knowledge that they presented to the people, have been preserved. The scholar may have died and departed from this world, but his knowledge remains and is passed down by the people from one generation to the next. Because of the benefit that people gain from their knowledge, they pray for mercy for them and pray that they may be rewarded. This is the greatest way in which their memory can be kept alive. But organizing celebrations in their memory, or seeking blessing by visiting the places where they lived and taught, and their relics, or circumambulating their graves – all of that is bid’ah, some of which may even reach the degree of shirk. We seek refuge with Allaah from that. If these scholars, whose memories are celebrated and from whom people seek blessing by visiting the places where they lived and taught, were alive, they would denounce these things that are being done. 276
Basis for Jurisprudence and Islamic Rulings
But some people have been misled by their own whims and desires and by the Shaytaan, and by those who advocate bid’ah for worldly purposes or to gain leadership over the people. So they have slipped in the maze of bid’ah from which there is no escape apart from returning to the Book of Allaah and the Sunnah of His Messenger (peace and blessings of Allaah be upon him), and adhering to them, and to that on which the scholars of this ummah are agreed, and giving up all newly-invented innovations which are evil in and of themselves and which lead to even greater evils and disasters. We ask Allaah to guide us and them to the Straight Path, the path of those with whom Allaah is pleased, the Prophets, the Siddeeqeen, the martyrs and the righteous. May He keep us far away from the path of those with whom He is angry and those who have gone astray, for He is Able to do all things. Al-Bida’ al-Hawliyyah li Shaykh ‘Abd-Allaah ibn ‘Abd al-‘Azeez ibn Ahmad al-Tuwayjri, p. 350 (www.islamqa.com) 12364: The bid’ah of superstition about getting married in Shawwaal Question: Is what people say about avoiding getting married in Shawwaal correct? Answer: Praise be to Allaah. Ibn Mandhour said: “Shawwaal is one of the well known 277
Basis for Jurisprudence and Islamic Rulings
names of months, the name of the month which follows Ramadaan and is the first of the months of Hajj.” It was said that it was called after the drying up of the camels’ milk (tashweel), when it becomes scanty. This is what happens to the camels when the heat becomes intense and there are no longer any dates on the palm trees… The Arabs were superstitious about getting married at that time, and they would say that the bride would keep away from her groom like the female camel when she has been impregnated and lifted (shaalat) her tail. The Prophet (peace and blessings of Allaah be upon him) declared their superstition to be false. ‘Aa’ishah (may Allaah be pleased with her) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) married me in Shawwaal and consummated the marriage with me in Shawwaal, and which of his wives was more favoured by him than me?” (Narrated by Ahmad in al-Musnad, 6/54; this version narrated by him. Also narrated by Muslim in his Saheeh, 2/1039, Kitaab al-Nikaah, hadeeth no. 1423. Also narrated al-Tirmidhi in his Sunan, 2/277, Abwaab al-Nikaah, hadeeth no. 1099; he said it is a saheeh hasan hadeeth. Also narrated by al-Nasaa’i in his Sunan, 6/70, Kitaab al-Nikaah, Baab al-Tazweej fi Shawwaal. Also narrated by Ibn Maajah in his Sunan, 1/641, Kitaab al-Nikaah, hadeeth no. 1990. (Lisaan al-‘Arab, 11/277, heading Shawwaal). The reason why the Arabs of the Jaahiliyyah were so superstitious about marrying during Shawwaal was that they believed that a woman would keep away from her husband like the she-camel that has lifted (shawwalat) its tail after being impregnated keeps away from the hecamel. Ibn Katheer (may Allaah have mercy on him) said: “The 278
Basis for Jurisprudence and Islamic Rulings
fact that the Prophet (peace and blessings of Allaah be upon him) consummated his marriage with ‘Aa’ishah (may Allaah be pleased with her) during Shawwaal was a refutation of the notions that some people held, that it was disliked to consummate a marriage between the two Eids, lest that lead to separation of the spouses. But that was a false notion.” (al-Bidaayah wa’l-Nihaayah, 3/253) Being superstitious about getting married in Shawwaal is the matter of falsehood, because superstition in general is part of the “evil omen” (tiyarah) that the Prophet (peace and blessings of Allaah be upon him) forbade when he said, “There is no contagion and no evil omen.” (Sharh Saheeh Muslim li’l-Nawawi, 14/219, 218). And he (peace and blessings of Allaah be upon him) Said, “Tiyarah (believing in evil omens) is shirk.” (Narrated by Imaam Ahmad in his Musnad, 1/440. Also narrated by Abu Dawood in his Sunan, 4/230, Kitaab alTibb, hadeeth no. 3910). Also narrated by al-Tirmidhi in his Sunan, 3/84, 85, Abwaab al-Siyar, hadeeth no. 1663; he said, it is a saheeh hasan hadeeth. Also narrated by Ibn Maajah in his Sunan, 2/1170, Kitaab al-Tibb, hadeeth no. 3538. Also narrated by al-Haakim in al-Mustadrak, 1/17, 18, Kitaab al-Eemaan; he said it is a hadeeth whose isnaad is saheeh and its narrators are thiqah, although they [al-Bukhaari and Muslim] did not narrate it; alDhahabi agreed with him in his Talkhees). Al-Nawawi (may Allaah have mercy on him) said in his commentary on the hadeeth of ‘Aa’ishah (may Allaah be pleased with her): “This indicates that it is mustahabb to get married and to consummate the marriage in Shawwaal. Our companions [fellow-scholars] have stated that this is mustahabb, quoting this hadeeth as evidence for that.” By saying this, ‘Aa’ishah was aiming to refute the ignorant 279
Basis for Jurisprudence and Islamic Rulings
belief of the Jaahiliyyah, and what some of the common folk still believe today, that it is makrooh to get married or to consummate the marriage in Shawwaal. This is false and there is no basis for this belief. It is one of the leftovers of the Jaahiliyyah, when they used to be superstitious about that because of the connations of the name of Shawwaal which related to the drying up of the camel’s milk and the lifting of its tail…” (Sharh Saheeh Muslim li’l-Nawawi, 9/209) al-Bida’ al-Hawliyyah by Shaykh ‘Abd-Allaah ibn ‘Abd al-‘Azeez ibn Ahmad al-Tuwayjri, p. 348-349 (www.islam-qa.com) 12366: The bid’ah of Eid al-Abraar (the “festival of the righteous”) Question: What is the ruling on Eid al-Abraar which is celebrated in Shawwaal every year? Answer: Praise be to Allaah. One of the innovated things that happen in Shawwaal is the bid’ah (innovation) of “Eid al-Abraar” (the “festival of the righteous”), which is on the eighth day of Shawwaal. After the people have completed the fast of Ramadaan, and they broke their fast on the first day of Shawwaal – the day of Eid al-Fitr – they start to fast the first six days of Shawwaal, and on the eighth day they celebrate an “eid” which they call Eid al-Abraar. 280
Basis for Jurisprudence and Islamic Rulings
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: “With regard to celebrating occasions which are not prescribed in sharee’ah – such as some nights in Rabee’ al-Awwal which are called ‘Mawlid’, or some nights in Rajab, or the eighteenth of Dhu’l-Hijjah, or the first Friday in Rajab, or the eighth of Shawwaal which the ignorant call Eid al-Abraar – these are innovations which were not approved of by the salaf and they did not do these things. And Allaah knows best.” (Majmoo’ Fataawa Shaykh al-Islam Ibn Taymiyah, 25/298) He also said: “With regard to the eighth of Shawwaal, it is not an Eid, neither for the righteous nor for the evil. It is not permissible for anyone to take it as an Eid or to do any of the things connected with celebrations on that day.” (al-Ikhtiyaaraat al-Fiqhiyyah, p. 199) The celebrations of this “eid” take place in one of the famous mosques, where men and women mix freely, shake hands with one another and utter words of Jaahiliyyah when they shake hands. Then after that they go and make some foods especially for this occasion.” (al-Sunan wa’l-Mubtada’aat by al-Shuqayri, p. 166) Al-Bida’ al-Hawliyyah by Shaykh ‘Abd-Allaah ibn ‘Abd al-‘Azeez ibn Ahmad al-Tuwayjri, p. 350 (www.islamqa.com) 8596: False belief that reading Qur’aan remains suspended if the reward for reading is not given to the deceased Question: I have heard that when we finish reading one entire Qur’an we are supposed to say a dua so that the reward of the recitaion reaches deceased Muslims .And if we dont do 281
Basis for Jurisprudence and Islamic Rulings
this then the Qur’an is left ‘hanging ‘ between the earth and sky and the reward for its recitation is reduced .’Baksh ‘ is the word in Urdu for this, I don’t know what it is in English or Arabic . Does this have any truth in it? Answer: Praise be to Allaah. This is not correct at all; in fact it is one of the innovations (bid’ah) of which we must beware . Shaykh Sa’d al-Humayd Allaah says (interpretation of the meaning): “To Him ascend (all) the goodly words, and the righteous deeds exalt it” [Faatir 35:10] So our reading Qur’aan, if it is done for the sake of Allaah and from a pious heart, is accepted and ascends to Allaah, It is not detained between the heavens and the earth. Allaah says (interpretation of the meaning): “Verily, Allaah accepts only from those who are AlMuttaqoon (the pious)” [al-Maa’idah 5:27] Part of being pious is avoiding bid’ah and shunning false beliefs which are based on ignorance. The commonly held belief that the reward for reading Qur’aan reaches the dead cannot be taken as definitive. The evidence (daleel) of sharee’ah does not indicate that, so giving the reward for reading Qur’aan to the deceased is not an action that is prescribed by sharee’ah. And Allaah is the Source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 282
Basis for Jurisprudence and Islamic Rulings
9485: Attending a feast for a child’s birthday and eating that food Question: Muslims in this region are celebrating naming ceremony for babies and doing maulid or salatun naaria and the give food to the guests. some of us say that we will not come to eat that food because the whole gathering is a bid’a but we participate in that gathering so that the people dont get offended. but the people who r conducting this celebration r saying we hav made food only for the guest and has no relevance to maulid. and also they force us to eat. is it allowed to eat if they force us and they asking daleel bas to why we r refusing to eat. pls explain with proof in hadeeth that what we r doing is correct or not as we r not able to give concrete evidence Answer: Praise be to Allaah. Celebrating birthdays is an innovation in the religion of Allaah, and it is not permissible to do this. It is not permissible to eat the food that has been prepared for this occasion. Their claim that the food for the birthday celebration is for the guests does not make it excusable to eat it. Hospitality is subject to its own rulings, and matters are judged according to the intentions behind them. It is very clear that the food is being prepared for this innovated occasion, and eating this food is one of the things that helps them to persist in doing this. It is a kind of co-operation in sin and transgression. Allaah says (interpretation of the meaning): “Help you one another in Al Birr and At Taqwa (virtue, 283
Basis for Jurisprudence and Islamic Rulings
righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] Shaykh ‘Abd al-Kareem al-Khudayr With regard to al-salaah al-naariyah, this is one of the innovated Sufi prayers; it is not permissible to attend those gatherings or to take part in them. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 11739: Dividing the religion into basic matters (usool) and minor issues (furoo’) Question: Is it correct to regard the basic matters (usool) of religion as purely theoretical, and the minor issues (furoo’) as purely practical? Answer: Praise be to Allaah. The basic matters (usool) of religion are not purely theoretical, and there is no separation between belief and practice in Islam. There is nothing in the Qur’aan or the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him) to suggest that the basic matters have to do only with beliefs and that the minor issues have to do only with practice. This separation originated with the Mu’tazilah, who are the ones who separated the basic matters and minor principles in this manner. 284
Basis for Jurisprudence and Islamic Rulings
Shaykh ‘Abd-Allaah al-Ghunaymaan (www.islamqa.com) 9355: The myth that visiting the grave of ‘Ali equals seventy Hajj Question: Does visiting the graves of ‘Ali (may Allaah be pleased with him), al-Husayn, al-‘Abbaas and others equal seventy pilgrimages to the Sacred House of Allaah? Did the Messenger (peace and blessings of Allaah be upon him) say, “Whoever visits the members of my household (ahl bayti) after I die will have seventy Hajj recorded for him”? Please advise us, may Allaah reward you with good? Answer: Praise be to Allaah. Visiting graves is a Sunnah which provides a lesson and a reminder. If the graves are those of Muslims, one should make du’aa’ for them… The Prophet (peace and blessings of Allaah be upon him) used to visit graves and make du’aa’ for the deceased, as did his companions, may Allaah be pleased with them. The Messenger (peace and blessings of Allaah be upon him) said: “Visit the graves, for they remind you of the Hereafter.” He used to teach his companions, when they visited graves, to say, “Alsalaamu ‘alayum ahl al-diyaar min al-mu’mineen wa’lmuslimeen, wa innaa in sha Allaah bikum laahiqoon. Nas’al Allaaha lana wa lakum al-‘aafiyah (Peace be upon you O inhabitants of the dwellings, believers and Muslims. If Allaah wills, we shall join you soon. We ask Allaah to keep us and you safe and sound.).” 285
Basis for Jurisprudence and Islamic Rulings
According to the hadeeth of ‘Aa’ishah: “Yarham Allaah al-mustaqdimeena minna wa’l-musta’khireen (may Allaah have mercy on those of us who went first and those who will join them afterward).” According to the hadeeth of Ibn ‘Abbaas “yaghfir Allaah lana wa lakum, antum salafuna wa nahnu fi’l-athr (May Allaah forgive us and you. You are our predecessors and we are following in your footsteps).” Making du’aa’ for them in these or similar words is all good. Visiting them brings a reminder and a lesson to the believer to prepare for what has befallen them, i.e., death, for what happened to them will happen to him too. So let him make preparations and strive to obey Allaah and His Messenger (peace and blessings of Allaah be upon him), and keep away from that which Allaah and His Messenger have forbidden. Let him repent from his previous shortcomings. This is how the believer is to benefit from visiting graves. With regard to what is mentioned (in the question) about visiting the graves of ‘Ali (may Allaah be pleased with him), al-Hasan, al-Husayn and others being equivalent to seventy Hajj – this is a lie and is falsely attributed to the Messenger (peace and blessings of Allaah be upon him), and it has no basis. Visiting the grave of the Prophet (peace and blessings of Allaah be upon him), who is the best of all, is not equivalent to one Hajj; this visit has its status and virtues, but it is not equivalent to Hajj, so how about visits to anyone else’s grave? This is a lie, as is the phrase “Whoever visits the members of my household (ahl bayti) after I die will have seventy Hajj recorded for him.” All of this has no basis at all and all of it is false. All of it is lies made up by the liars. The believer has to beware of these fabricated things that have been falsely attributed to the Messenger (peace and blessings of Allaah be upon him). It is Sunnah to visit the graves whether they are graves of the members of his household (Ahl al-Bayt) or
286
Basis for Jurisprudence and Islamic Rulings
other Muslims; (it is Sunnah) to visit them, make du’aa’ for them, pray for mercy for them and then leave. If they are the graves of kaafirs, they may be visited for the purpose of learning a lesson and being reminded, without making du’aa’ for them. The Prophet (peace and blessings of Allaah be upon him) visited his mother’s grave, but his Lord forbade him to pray for forgiveness for her. He visited her grave for the purpose of the lesson and reminder, but he did not pray for forgiveness for her. This applies to all other graves – graves of kaafirs – if a believer visits them for the purpose of the lesson and reminder, there is nothing wrong with that, but he should not greet them with salaams or pray for forgiveness for them, because they do not deserve that. Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 9, p. 283 (www.islam-qa.com) 11086: Fasting on the day of the Mi’raaj and the day of Shab-e-baraath Question: Is the following bid’ah? 1. praying more than 8 rak’ats in taraweeh? 2. fasting on the supposed day of mi’raj( for one who believes that that day is the day of mi’raj and for one who is sure that there is no specific date mentioned in hadeeth but he fasts on that day for the sake of Allah?) 3. fasting on the supposed day of shab’e baraath?
287
Basis for Jurisprudence and Islamic Rulings
4. is it not bid’ah if some says that they are fasting it as a nafil fasting on the day of shab’e baraath? some muslim brothers say that the extra prayers we pray after 8 rakat in taraweeh and the fasting on various days such as shabe baraath and mi’raj and meelad un nabi are not bid’ah, because these form of worship is taught to us by prophet(saw) and what is wrong in praying or fasting on any day (other than forbidden days and times).what is the ruling? 5.praying salat tasbeeh nafil? (100 times surat al ikhlas in every rakat) Answer: Praise be to Allaah. 1 – Praying more than 8 rak’ahs in Taraaweeh is not considered to be bid’ah, on the condition that one does not single out certain nights for increasing the number, such as the last ten nights. The number of raka’hs during the last ten nights should be the same as the number during the other nights. The last ten nights should be characterized by making the rak’ahs longer. 2 – Fasting on the day which one believes to be the day of the Mi’raaj is not permissible, and comes under the heading of bid’ah. Even if a person is not sure, but he fasts this day for the sake of being on the safe side, it is as if he is saying, ‘If it is really the day of the Mi’raaj, then I will have fasted it, and if it is not, it will still be a good action that I have done, and if I will not be rewarded for it then I will not be punished.’ This attitude means that a person is committing bid’ah, and he is a sinner who deserves to be punished. But if his fast is not because it is the day of the Mi’raaj, but is rather because it is his habit to fast alternate days, or to fast Mondays and Thursdays, 288
Basis for Jurisprudence and Islamic Rulings
and that happens to coincide with the day known as the day of the Mi’raaj, there is nothing wrong with him fasting it with that intention, i.e., the intention of fasting on Monday or Thursday, or a day on which he usually fasts. 3,4 – What we have said about fasting on the day of the Mi’raaj also applies to fasting on the day of Shab-ebaraath. If any Muslim says that fasting on the day of the Mi’raaj or on the day of Shab-e-baraath is not bid’ah because the Prophet (peace and blessings of Allaah be upon him) taught us these acts of worship, so what is wrong with fasting any day apart from the days on which it is haraam to fast? Our response to that is: If the Prophet (peace and blessings of Allaah be upon him) taught us these acts of worship, then where is the evidence (daleel) for singling out the day of the Mi’raaj or any other day for fasting? If there were any evidence that it is prescribed to fast on these two days, no one would be able to say that fasting on these days is bid’ah. But what is apparent is that those who say this mean that fasting is an act of worship in general terms, so that if he fasts he has done an act of worship for which he will be rewarded, so long as it is not on one of the days when fasting is not allowed, such as on Eid. This would be correct if the person who is fasting did not single out a day which he believes is a day of virtue, such as the day of the Mi’raaj or the day of Shab-e-baraath. What makes this the matter of bid’ah is the fact that one is singling out these days. If there was any virtue in fasting these two days, the Prophet (peace and blessings of Allaah be upon him) would have fasted them, and he would have urged us to fast them. It is known that the Companions of the Messenger of Allaah were more keen to do good than we are; if they had known that there was any virtue in fasting these two days, they would have fasted them. Since we find no reports to that effect from them, we know that 289
Basis for Jurisprudence and Islamic Rulings
this is an innovated bid’ah, and the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does an action that is not a part of this matter of ours (Islam) will have it rejected,” i.e., it will be thrown back on the one who does it. Fasting these two days is an action which we find no report of the Prophet (peace and blessings of Allaah be upon him) enjoining, so it is to be rejected. 5 – The “salat tasbeeh nafil” is to be regarded in the same way as the matter discussed above, in the fullest sense. Acts of worship that have no evidence (daleel) to support them are to be rejected. It has not been proven in the Book of Allaah or in the Sunnah of His Chosen Prophet (peace and blessings of Allaah be upon him) that there is any prayer in which “Qul Huwa Allaahu Ahad” is to be recited 100 times, so doing that is an innovated bid’ah for which the one who does it will be punished. And Allaah knows best. Shaykh Sa’d al-Humayd (www.islam-qa.com) 11999: Saying “ ‘Ali karrama Allaah wajhahu (Ali, may Allaah honour his face)” Question: How correct is it to say, “ ‘Ali karrama Allaah wajhahu (Ali, may Allaah honour his face)”? Answer: Praise be to Allaah. There is no basis for saying this specifically for ‘Ali (may Allaah be pleased with him). It is an example of the exaggeration of the Shi’a. 290
Basis for Jurisprudence and Islamic Rulings
May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Fataawa al-Lajnah al-Daa’imah, 3/69 (www.islamqa.com) 12010: Celebrating a child’s twenty-first birthday Question: Here in South Africa, when a young man or young woman reaches the age of twenty-one, people celebrate it, read Qur’aan and cook various kinds of food. They gather together and give a key to the young person who has reached the age of 21. Are these things permitted in Islam? Answer: Praise be to Allaah. What you have mentioned about celebrating and reciting Qur’aan when a young man or woman reaches the age of twenty-one has no basis in sharee’ah. It is bid’ah and a kind of imitating the Christians around you. It was proven in the hadeeth of ‘Aa’ishah (may Allaah be pleased with her) that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does an action that is not in accordance with this matter of ours (Islam) will have it rejected.” (Narrated by Muslim and by Ahmad in alMusnad). And Abu Dawood narrated from Ibn ‘Umar (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever imitates a people is one of them.” And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. 291
Basis for Jurisprudence and Islamic Rulings
Fataawa al-Lajnah al-Daa’imah, 3/58 (www.islamqa.com) 10888: Does saying “Innahu ‘ala raj’ihi la qaadir (Verily, (Allaah) is Able to bring him back)” help to bring back something that has been lost? Question: If a person loses something, and says “Innahu ‘ala raj’ihi la qaadir (Verily, (Allaah) is Able to bring him back)” [al-Taariq 86:6 – interpretation of the meaning] 200 times, will that bring back what he has lost, or not? Answer: Praise be to Allaah. This is not reported in the Book of Allaah or in the saheeh Sunnah of the Prophet (peace and blessings of Allaah be upon him). It is not one of the usual means of finding things that have been lost. It comes under the heading of using the Qur’aan for purposes other than that for which it was revealed. It also involves specifying a certain number, which is something that is a tawqeefi matter (i.e., it can only be known through revelation) and cannot be known through ijtihaad or reason. Using this method is bid’ah (reprehensible innovation), and it was reported that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever innovates something in this matter of ours (i.e., Islam) that is not a part of it, will have it rejected.”(Narrated by al-Bukhaari and Muslim). And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. 292
Basis for Jurisprudence and Islamic Rulings
Fataawa al-Lajnah al-Daa’imah, 3/69 (www.islamqa.com) 11017: Ruling on reciting du’aa’s which are not proven Question: What is the ruling on some du’aa’s that have not been narrated (from the Prophet (peace and blessings of Allaah be upon him)), such as, “Rocky obstacle and falling star, may the eye of the envier come back on him and on those who are dearest to him.” Answer: Praise be to Allaah. This du’aa’ has no basis. It involves enmity against people other than the aggressor, so it is not permissible to use it because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does an action that is not in agreement with this matter of ours (i.e., Islam), will have it rejected.” And Allaah knows best. Al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’lIftaa’ (www.islam-qa.com) 4305: Prostration of thanksgiving 40 days after birth Question: My daughter just turned 40 days old and I went to the mosque to do the traditional sajdah which is done in my home country of Pakistan. The Imam there however refused to do it because it is not in any Hadeeth. He also said that the prophet (pbuh) didn’t do it and we shouldn’t try to be better than him. 293
Basis for Jurisprudence and Islamic Rulings
Answer: Praise be to Allaah. This prostration, as the imaam of the mosque said, has no basis (in Islam). Yes, there is sujood al-shukr (prostration of thanksgiving) which is prescribed when a new blessing comes or something bad is warded off, but this is no longer applicable when such a long time has passed. - Shaykh ‘Abd al-Kareem al-Khudayr. If you had done the prostration of thanksgiving when your daughter was born safe and sound and her mother was fine, we would say that this is good, and is an action prescribed by Islam. But allocating a specific time of forty days, and saying that it has to be done in the mosque, is bid’ah. May Allaah help us and you to do all that is good. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 10538: Does writing al-Zalzalah in a vessel make childbirth any easier? Question: Does reciting al-Zalzalah at the time of childbirth make giving birth easier? Are there any du’aa’s or adhkaar that are prescribed when giving birth to make it easier? Will du’aa’s made at the time of childbirth be answered? Answer: Praise be to Allaah. 294
Basis for Jurisprudence and Islamic Rulings
Writing al-Zalzalah in saffron in a vessel, and other verses which mention that Allaah knows what is in the wombs, such as the aayaahs (interpretation of the meaning): “No fruit comes out of its sheath, nor does a female conceive nor brings forth (young), except by His Knowledge” [Fussilat 41:47] “Allaah knows what every female bears, and by how much the wombs fall short (of their time or number) or exceed. Everything with Him is in (due) proportion” [al-Ra’d 13:8] - this was tried, then water was poured into the vessel and stirred until the saffron was dissolved. Then the woman in labour was given it to drink, and some of it was wiped on her stomach. Or these verses were recited into water and she was given it to drink and some of it was wiped on her stomach. Or these verses were recited over the woman whilst she was experiencing labour pains. All of this was beneficial, by the grace of Allaah. With regard to the issue of du’aa’… the du’aa’ of a woman who is experiencing labour pains – when she has contractions – deserves to be answered, because it is a time of distress, and Allaah says (interpretation of the meaning): “Is not He (better than your gods) Who responds to the distressed one, when he calls on Him, and Who removes the evil, and makes you inheritors of the earth, generations after generations? Is there any ilaah (god) with Allaah?” [al-Naml 27:62] How often has Allaah answered du’aa’s at times of distress and provided a way out! And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him. 295
Basis for Jurisprudence and Islamic Rulings
Al-Daw’ah magazine, issue #1754, p. 36 (www.islamqa.com) 11669: Going to visit places and mosques in which the Prophet prayed Question: I see some people when they visit Madeenah, going to the seven mosques in addition to al-Masjid al-Nabawi (the Prophet’s Mosque) and Masjid Quba’. In al-Taa’if they make sure that they visit Masjid ‘Addaas, and they want to visit mosques in Makkah in order to pray there. What is the ruling on this? Answer: Praise be to Allaah. Travelling to visit al-Masjid al-Nabawi is an action which is prescribed in sharee’ah as indicated by the hadeeth of the Prophet (peace and blessings of Allaah be upon him): “No journey should be made to visit mosques except for three: this mosque of mine [in Madeenah], al-Masjid alHaraam [in Makkah] and al-Masjid al-Aqsa [in al-Quds/ Jerusalem]. (Narrated by al-Bukhaari and Muslim; this version narrated by Muslim). Prayer in (al-Masjid alNabawi) is better than a thousand prayers anywhere else, apart from al-Masjid al-Haraam. Other places which it is prescribed to visit without travelling expressly for that purpose are the grave of the Prophet (peace and blessings of Allaah be upon him), the graves of his two companions [Abu Bakr and ‘Umar], the graves of the people of al-Baqee’ [the cemetery of 296
Basis for Jurisprudence and Islamic Rulings
Madeenah], the graves of the martyrs of Uhud, and finally, the mosque of Quba’. With regard to visiting those graves, this is implied in the general meaning of the hadeeth of the Prophet (peace and blessings of Allaah be upon him): “I used to forbid you to visit graves but now visit them.” Shaykh al-Islam [Ibn Taymiyah] (may Allaah have mercy on him) said: “It is also mustahabb (recommended) to visit the graves of the people of al-Baqee’ and the martyrs of Uhud, to pray for them and ask for forgiveness for them, because the Prophet (peace and blessings of Allaah be upon him) used to do this, but this is prescribed for all the Muslim graves.” (Majmoo’ al-Fataawa, 17/470) The evidence for visiting the Mosque of Quba’ is the hadeeth narrated in al-Saheehayn from Ibn ‘Umar (may Allaah be pleased with him) who said: “The Prophet (peace and blessings of Allaah be upon him) used to come to Quba’ riding and walking.” According to another report: “and he would pray two rak’ahs there.” (narrated by alBukhaari and Muslim). The Prophet (peace and blessings of Allaah be upon him) also said, “Whoever purifies himself in his house then comes to the mosque of Quba’ and prays there, he will have a reward like that for ‘Umrah.” (Narrated by Ahmad, al-Nasaa’i, Ibn Maajah and al-Haakim. Al-Haakim classed it as saheeh and alDhahabi agreed with him. Also classed as saheeh by alAlbaani in Saheeh al-Jaami’, 6154) With regard to visiting other mosques and historical sites and claiming that they are “places which a person should visit”, there is no basis for doing this, and they should not be visited for the following reasons: 1- There is no shar’i evidence to suggest that these mosques should be singled out for visits, as there is in the 297
Basis for Jurisprudence and Islamic Rulings
case of Masjid Quba’. As is well known, acts of worship should be based on following (the Sunnah), not on innovations. 2- The Sahaabah (may Allaah be pleased with them) were the most keen of all people to follow the Sunnah of the Prophet (peace and blessings of Allaah be upon him). None of them are known to have visited those mosques and historical sites. If this were a good thing they would have been the first ones to do it. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: “Abu Bakr, ‘Umar, ‘Uthmaan, ‘Ali and all the predecessors of the Muhaajiroon and Ansaar used to travel from Madeenah to Makkah to perform Hajj and ‘Umrah, or for other purposes, and none of them said that he was keen to pray in the places where the Prophet (peace and blessings of Allaah be upon him) had prayed. It is known that if this had been mustahabb in their view, they would have been the first ones to do it, for they had more knowledge of the Sunnah and followed it more closely than anyone else.” (Iqtidaa’ al-Siraat alMustaqeem, 2/748). 3- Visits to these places should be disallowed as a preventative measure. This is indicated by the actions of the righteous salaf, above all the rightly-guided khaleefah ‘Umar ibn al-Khattaab (may Allaah be pleased with him). It was narrated that al-Ma’roor ibn Suwayd (may Allaah have mercy on him) said: “We went out with ‘Umar ibn al-Khattaab and we came across a mosque on our route. The people rushed to pray in that mosque, and ‘Umar said, ‘What is the matter with them?’ They said, ‘This is a mosque in which the Messenger of Allaah (peace and blessings of Allaah be upon him) prayed.’ ‘Umar said: ‘O people, those who came before you were destroyed because they followed such (practices) until they made them places of worship. Whoever happens to be there at 298
Basis for Jurisprudence and Islamic Rulings
the time of prayer, let him pray there, and whoever is not there at the time of prayer, let him continue his journey.’” (Narrated by Ibn Waddah in his book al-Bida’ wa’l-Nahiy ‘anhaa; classed as saheeh by Ibn Taymiyah in al-Majmoo’, 1/281). Shaykh al-Islam (may Allaah have mercy on him) said, commenting on this story, “The Prophet (peace and blessings of Allaah be upon him) had not singled out that place for prayer; he prayed there only because he happened to be staying there. Hence ‘Umar thought that imitating him outwardly without having the same reason for doing so did not count as following the Prophet (peace and blessings of Allaah be upon him). Singling out that place for prayer was like the innovations of the People of the Book which had led to their doom, so he forbade the Muslims to imitate them in this manner. The one who did that was imitating the Prophet (peace and blessings of Allaah be upon him) in outward appearances, but he was imitating the Jews and Christians in his intention, which is the action of the heart. The action of the heart is what counts, because following in one’s intention is more serious than following in outward appearances.” (Majmoo’ al-Fataawa, 1/281) In another example, it is narrated that ‘Umar ibn alKhattaab (may Allaah be pleased with him) heard that some people were visiting the tree under which the Prophet (peace and blessings of Allaah be upon him) had accepted the bay’ah of people, so he commanded that it should be cut down.” (Narrated by Ibn Waddaah in his book al-Bida’ wa’l-Nahiy ‘anhaa, and by Ibn Abi Shaybah in al-Musannaf, 2/375. Its isnaad was classed as saheeh by Ibn Hajar in Fath al-Baari, 7/448.Al-Albaani (may Allaah have mercy on him) said: the men of its isnaad are thiqaat). Ibn Waddaah al-Qurtubi (may Allaah have mercy on him) 299
Basis for Jurisprudence and Islamic Rulings
said: “Maalik ibn Anas and other scholars of Madeenah regarded it as makrooh to go to those mosques and historical sites connected to the Prophet (peace and blessings of Allaah be upon him), apart from Quba’ and Uhud.” (al-Bida’ wa’l-Nahiy ‘anhaa, p. 43). What is meant by Uhud is visiting the graves of the martyrs of Uhud. Shaykh al-Islam (may Allaah have mercy on him) said: “Hence the scholars of the salaf among the people of Madeenah and elsewhere did not regard it as mustahabb to set out to visit any places in and around Madeenah after the Mosque of the Prophet (peace and blessings of Allaah be upon him), apart from the mosque of Quba’, because the Prophet (peace and blessings of Allaah be upon him) did not specify any mosque to be visited apart from that.” (Majmoo’ al-Fataawa, 17/469). Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said, after mentioning the places which it is prescribed to visit in Madeenah: “With regard to the seven mosques, Masjid al-Qiblatayn (the Mosque of the Two Qiblahs), and other places which some authors who wrote about the rituals of Hajj include among the places to be visited, there is no basis for doing that, and there is no evidence for doing so. What is prescribed for the believer at all times is to follow [the Sunnah], not to innovate.” (Fataawa Islamiyyah, 2/313) The prominent scholar Shaykh Muhammad ibn ‘Uthaymeen (may Allaah preserve him) said: “There are no places in Madeenah to be visited apart from these: alMasjid al-Nabawi, the grave of the Prophet (peace and blessings of Allaah be upon him), al-Baqee’, the martyrs of Uhud, and the Mosque of Quba’. As for other sites, there is no basis for visiting them.” (Fiqh al-‘Ibaadaat, p. 405) 300
Basis for Jurisprudence and Islamic Rulings
Some may think that as long as one does not believe that these places hold any special virtue, that justifies visiting them or other historical places. This idea is unacceptable, for the following reasons: Firstly: the righteous salaf (may Allaah have mercy on them) forbade going to these places in absolute terms, without going into detail. Secondly: going to these places and singling them out to visit because they are in the vicinity of Madeenah which witnessed the dawn of the Islamic call or because some battles happened there, proves that one believes in their virtue. If one did not hold such a belief, there would be no motive for visiting these places. Thirdly: if we accept, for the sake of argument, that a person does not believe in their virtue, visiting them is still a means that may lead to that and to doing things that are not prescribed. Taking preventative measures is one of the things prescribed by sharee’ah, as is well known. Al-‘Allaamah Ibn al-Qayyim – may Allaah have mercy on him – gave ninety-nine examples illustrating this principle, and after giving the ninety-ninth example he said: “Taking preventative means is one-quarter of responsibility, for there are commands and prohibitions. The commands are of two types, one of which is the end in itself and the other is the means to that end. And prohibitions are of two types, the thing that is prohibited because it is evil in and of itself, and the means that lead to that evil. So preventing the means that lead to that which is haraam is one quarter of the religion.” (I’laam alMuwaqqi’een, 3/143) Fourthly: It gives wrong ideas to ignorant people; when they see many people visiting those mosques and historical sites, they will think that this is an action which is prescribed in Islam. 301
Basis for Jurisprudence and Islamic Rulings
Fifthly: Going to extremes in that matter and calling for visits to historical sites such as Mount Uhud and Jabal al-Noor for leisure purposes is one of the means that lead to shirk. The Standing Committee for Issuing Fatwas issued a fatwa (No. 5303) stating that it is not allowed to climb up to the Cave of Hiraa’ for that reason. And Allaah is the One Whose help we seek. Al-Da’wah magazine, issue #1754, p. 55 (www.islamqa.com) 12032: Celebrating completing the Qur’aan (khatm alQur’aan) Question: Some women, when they finish learning the Qur’aan by heart from their shaykhah, organize a simple celebration in which they read from the end of the Mus-haf and immediately add something from the beginning (alFaatihah and five aayaat of al-Baqarah) so that their reading will not cease. What is the ruling on that? Answer: Praise be to Allaah. Praise be to Allaah, and peace and blessings be upon the Messenger of Allaah. Celebrating the completion of memorizing the Qur’aan is not Sunnah, because nothing of that nature was narrated from the Prophet (peace and blessings of Allaah be upon him) or from any of his Sahaabah. Doing this on the grounds that it is part of religion is bid’ah. But people do it as a customary expression of joy for the blessing of 302
Basis for Jurisprudence and Islamic Rulings
having memorized Qur’aan, like celebrations for the return of one who has been away, or for finding work, or for moving to a new home. If the celebration for completing the Qur’aan is of this nature, then there is nothing wrong with it. If a passage from the Qur’aan is recited, from the beginning or the end, without having to recite a specific soorah or recite in a particular way such as joining the end to the beginning, then this is fine, because reciting from Qur’aan is the best thing that can be done in a gathering and it is a reminder for those who are present. With regard to making du’aa’ when completing the recitation of the Qur’aan, it was reported with a saheeh isnaad from Anas (may Allaah be pleased with him) that when he completed the Qur’aan, he would gather his family together and make du’aa’ with them. If the reader makes du’aa’ when he completes the Qur’aan, and those who are present say “Ameen” to his du’aa’, this is fine. With regard to calling the teacher “shaykhah” , there is nothing wrong with this. Now you know, may Allaah bless you, that there is no reason not to have the celebration you have described. There is no need to read from the end of the Mus-haf and then join it to the beginning. Doing something in this manner requires evidence (daleel), because reading Qur’aan is an act of worship, and acts of worship must be done only in the manner in which the Prophet (peace and blessings of Allaah be upon him) did them, as Allaah says (interpretation of the meaning): “Indeed in the Messenger of Allaah (Muhammad) you have a good example to follow for him who hopes for (the Meeting with) Allaah and the Last Day, and remembers Allaah much” [al-Ahzaab 33:21] Written by Shaykh ‘Abd-Al-Rahmaan al-Barraak There is a hadeeth about the person who stops for a rest 303
Basis for Jurisprudence and Islamic Rulings
immediately carrying on, which was narrated by alTirmidhi (may Allaah have mercy on him) from Ibn ‘Abbaas. According to this hadeeth, a man said, “O Messenger of Allaah, which deed is most beloved to Allaah? He said, “Al-haal al-murtahil.” The man said, ‘What is al-haal al-murtahil?” He said, “The one who starts from the beginning of the Qur’aan until he reaches the end, and when he stops for a rest, he immediately carries on.” But this hadeeth is da’eef (weak), as al-Tirmidhi (may Allaah have mercy on him) says after he quotes it: this is a ghareeb (strange) hadeeth which we only know from Ibn ‘Abbaas with this isnaad, and this isnaad is not strong. Hence Ibn al-Qayyim (may Allaah have mercy on him) said in al-I’laam (p.289, part2), after he mentioned this hadeeth: Some of them understood from this that when a person has finished reading the whole Qur’aan, he should then read al-Faatihah and three verses of Soorat alBaqarah, because he stopped when he completed it, and he continued when he started again. But none of the Sahaabah or Taabi’een did this, and none of the imaams regarded it as mustahabb (encouraged). What is referred to in the hadeeth is when a person returns from one military campaign and immediately joins another, or every time he completes one good deed, he starts another which he completes as he did the first one. But what some readers do is not what was meant in the hadeeth at all. And Allaah is the source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
304
Basis for Jurisprudence and Islamic Rulings
7277: What is the definition of bid’ah? What is the ruling on doing more rak’ahs in Taraaweeh? Question: can you kindly define and provide examples of bid’ah ? This is a issue that is very confusing. Is it a bid’ah to pray more than 8 Rak’ahs for taraweeh since our Prophet never performed it ? Answer: Praise be to Allaah. The root of the word bid’ah in Arabic means initiating something without any precedent. For example, Allaah says (interpretation of the meaning): “The Originator of the heavens and the earth…” [alBaqarah 2:117] In the terminology of sharee’ah, bid’ah means something that has been introduced into the religion of Allaah that has no general or specific basis to support it. For example, the innovated adhkaar (dhikr) such as saying the name of Allaah on its own (“Allaah…Allaah… Allaah”) or the pronoun (“Hu… Hu… Hu…”, meaning “He… He… He…”). This is a new thing that has been innovated in the religion, intended as worship of Allaah, but there is no evidence for this, either specific or general… so it is bid’ah. With regard to praying more than 8 rak’ahs in Taraweeh, the Sunnah as reported in the saheeh ahaadeeth, and as the Prophet (peace and blessings of Allaah be upon him) did regularly, is to pray eleven rak’ahs at night. He used to pray eight rak’ahs (saying Tasleem after each two rak’ahs in most cases), ending with two rak’ahs of shaf’ and one rak’ah of witr.
305
Basis for Jurisprudence and Islamic Rulings
He sometimes prayed thirteen rak’ahs, as was narrated in the hadeeth of ‘Aa’ishah and Ibn ‘Abbaas (may Allaah be pleased with them both). Doing more than this is permitted, but it is not Sunnah. What indicates that it is permissible is the saheeh hadeeth in which the Prophet (peace and blessings of Allaah be upon him) said: “Night prayer is two by two” – meaning two rak’ahs by two rak’ahs; he did not limit it to a set number. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 1333: Munkar actions during mourning ceremonies Question: We would like to ask you to explain to us whether what we do during mourning ceremonies or obsequies is correct according to sharee’ah. We do the following: We recite Soorat al-Faatihah over the grave of the deceased. The offering of condolences may last for three days or more, and we eat and drink during the mourning ceremonies. Twenty-five riyaals are collected from each person and the money is given to the family of the deceased. We slaughter a sheep or similar animal three days after the death. We gather pebbles whilst saying “Laa ilaaha ill-Allaah” out loud, and put them on the grave of the deceased. 306
Basis for Jurisprudence and Islamic Rulings
The women raise their voices, weeping and wailing, and they strike their cheeks and eulogize the deceased. The women wear clothes of coarse black cloth as a sign of mourning. The women do not do any kind of work during their ‘iddah period, such as preparing food or doing any other kind of work that is usually done by women. Answer: Praise be to Allaah. There are jaahili customs, or reprehensible innovations, and you have to give them up and explain to others that they are wrong. With regard to reciting Qur’aan over the grave of the deceased, this is not permissible, and none of the Salaf did this. If it were good to do this, they would have done it before us. It has been reported that Soorat Yaa-Seen should be recited for the person who is dying, before his soul departs, but after he has died and when he is being buried and after the burial, there is nothing that should be recited, and one should not tell him to say “Laa ilaaha ill-Allaah” and so on. Offering condolences is Sunnah, but it need not be during the mourning ceremonies. Condolences may be offered to the family of the deceased in all places. There is nothing wrong with all the relatives of the deceased gathering together in one place so that people may come and offer their condolences, but they should gather for the purpose of food. Food should be prepared only for the immediate family of the deceased; it is makrooh for them to offer food to others. There is no need to gather this money from everyone, 307
Basis for Jurisprudence and Islamic Rulings
unless the family are poor, in which case they may be given zakaat funds. It is not permissible to slaughter this sheep, whether it is from the wealth of the deceased or from someone else. But if food is prepared for the family of the deceased, from one or more animals, there is nothing wrong with this. Collecting these pebbles, and making dhikr whilst doing so, and putting them on the grave – this is a reprehensible innovation (bid’ah) which must be given up and denounced. Raising one’s voice in wailing and lamenting, striking the cheeks and eulogizing the deceased are all bid’ah and actions of the jaahiliyyah. It was reported in a hadeeth: “He is not one of us who strikes his cheeks, rends his garments and calls with the call of the jaahiliyyah.” (Narrated by al-Bukhaari, 1294, Fath 3/163; Muslim, 103; Ahmad, 1/244). Wearing black as a sign of mourning for the deceased is bid’ah; but the wives of the deceased should avoid wearing fancy or adorned clothes, jewellery, makeup and perfume during their period of mourning. It is bid’ah for women to avoid their usual work and activities; the newly-widowed woman can still prepare food, clean the house, wash the dishes, do laundry, etc. There is nothing wrong with her doing that. And Allaah knows best. Al-Lu’lu’ al-Makeen min Fataawa al-Shaykh al‘Allaamah ‘Abd-Allaah ibn ‘Abd al-Rahmaan al-Jibreen, p. 37 (www.islam-qa.com) 308
Basis for Jurisprudence and Islamic Rulings
5871: Bidaa’h of gathering after fourty days to pray for the deceased Question: In the indo Pak bangladesh subcontinent, there is something in the culture where if any Muslim dies then after 40 days we observe a day of supplication and rememberance of that person. My father recently died ( XXXX) so I would like to know the islamic ruling on these kind of observences? Answer: Praise be to Allaah. What happens in some Muslim countries – where the friends and relatives of the deceased gather after 40 days to read Qur’aan, make du’aa’ for him and remember him – is undoubtedly bid’ah (reprehensible innovation) for which no authority has been revealed by Allaah. It is not permissible to take part in or attend such gatherings. We have to speak out against such practices. The Muslim should pray for his brother at all times, not only for three days after his death, or forty days or one year later, etc. It should be known that this is a custom of the Kuffaar and it is not permissible for us to imitate them. May Allaah help us to follow the Sunnah, and may He bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 6745: Sufi formulas and bid’ah Question: In your ‘Innovations’ sections, you say it’s bidah to recite, 309
Basis for Jurisprudence and Islamic Rulings
say a 100 times or something, suras hoping for reward. After reading a Sufi book by Hakim Moinuddin Chishti called ‘Sufi Healing”, I saw that it justified using such formulas by saying that the formulas and other things had been inspired by Allah through dreams or etc. to certain Muslims who were very close to Allah. Would this make it a part of Shariah? How can we know that they are being truthful? Is this acceptable in Islam? Answer: Praise be to Allaah. 1. Allaah described His awliyaa’ (close friends) as having two characteristics: Eemaan (faith) and Taqwa (piety, awareness of Allaah). Allaah says (interpretation of the meaning): “No doubt! Verily, the Awliyaa’ of Allaah [i.e., those who believe in the Oneness of Allaah and fear Allaah much and love Allaah much], nor fear shall be upon them nor shall they grieve, - those who believe (in the Oneness of Allaah) and used to fear Allaah much” [Yoonus 10:6263] 2. The true awliyaa’ of Allaah do not go against what the Prophet (peace and blessings of Allaah be upon him) brought. The Prophet (peace and blessings of Allaah be upon him) warned against innovated matters in religion, because Allaah has perfected His religion and completed His favour upon His slaves. Allaah says (interpretation of the meaning): “This day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islam as your religion” [al-Maa’idah 5:3]. The Prophet (peace and blessings of Allaah be upon him) 310
Basis for Jurisprudence and Islamic Rulings
said: “Whoever innovates something in this matter of ours [i.e., Islam] that is not a part of it, will have it rejected.” 3. Therefore one can distinguish between the walee (close friend) of Allaah and the walee of the Shaytaan, by looking at the person’s character, behaviour and religious commitment – does he pray regularly in jamaa’ah in the mosque, for example? Does he avoid wrongfully consuming people’s property? Does he avoid going against Islam by either adding or taking away anything? And so on… 4. It is not permissible for a Muslim to innovate any dhikr to recite regularly or to tell others to do so – such as awraad/wird, ma’thooraat or du’aas. The adhkaar that were reported in the saheeh Sunnah are sufficient for this, otherwise a person is an innovator or one who calls others to bid’ah. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever innovates something in this matter of ours [i.e., Islam] that is not a part of it, will have it rejected.” (Narrated by Al-Bukhaari, 2550; Muslim, 1718). According to a report narrated by Muslim: “Whoever does any action that is not in accordance with this matter of ours (i.e., Islam) will have it rejected.” Ibn Rajab Al-Hanbali (may Allaah have mercy on him) said: “This hadeeth represents one of the most important principles in Islam. It is like a scale against which the external appearances of deeds are measured, just as the hadeeth “Actions are but by intention” is the scale against which the inner motivations of actions are measured. Just as every deed which is not done for the sake of Allaah will bring no reward for the one who does it, so also every deed which is not in accordance with the way of Allaah and His Messenger will be rejected and thrown back at the one who does it. Anyone who innovates new things 311
Basis for Jurisprudence and Islamic Rulings
in the religion and does things for which Allaah and His Messenger have not granted permission, this is not a part of the religion at all.” (Jaami’ al-‘Uloom wa’l-Hukam, 1/ 180). Al-Nawawi (may Allaah have mercy on him) said: “This hadeeth is one of the most important basic principles of Islam, and it is one of the most concise and comprehensive sayings of the Prophet (peace and blessings of Allaah be upon him). It clearly states that innovations and newly invented matters will be rejected. The second report adds another idea, which is that some of those who follow the innovations of others may become stubborn when they are presented with the evidence of the first report which says, “Whoever innovates something…” They may say, “I am not innovating anything”. But he may in this case be presented with the evidence of the second report, which says, “Whoever does any action…” This clearly shows that all innovated actions will be rejected, whether the one who does them innovates them himself or is following someone else who innovated it… This hadeeth is one that should be learned by heart and used to denounce evil actions and be spread as evidence so that all people may use it.” (Sharh Muslim, 12/16). 5. Shaykh al-Islam [Ibn Taymiyah] (may Allaah have mercy on him) said: “No doubt adhkaar and du’aa’s are among the best forms of worship, and worship is one of the matters in which there is no room for personal opinions – we have to follow what the Prophet (peace and blessings of Allaah be upon him) did and taught, not our own whims and desires or innovations. The du’aa’s and adhkaar of the Prophet (peace and blessings of Allaah be upon him) are the best that anyone could find. The one who follows this way 312
Basis for Jurisprudence and Islamic Rulings
will be safe and sound, and the benefits and positive results that he will gain are beyond description. Any other du’aa’s and adhkaar may be haraam or they may be makrooh; they may involve shirk even though most people do not realize that – the details of this would take too long to explain here. No one has the right to teach the people any kinds of du’aa’s or adhkaar apart from those that are mentioned in the Sunnah, or to make it a kind of regular worship which he expects the people to do regularly as they do the five daily prayers – this is the innovation in religion which Allaah does not allow… As for adopting a wird or regularly reciting a dhikr that is not prescribed in sharee’ah, this is one of the things that is not allowed. The du’aa’s and adhkaar prescribed by sharee’ah are the best that anyone could ever hope to find, and no one ignores them in favour of newly-invented, innovated adhkaar except one who is ignorant, negligent or a wrongdoer.” (Majmoo’ al-Fataawa, 22/510-511). And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 4999: The myth that sex on Tuesdays is harmful Question: well i want to make a little inquiry plz kindly inform with the correct info I have heard that you are not supposed to have sex on tuesdays....and there is some thing that comes that night which then curses all those who are doing it...and they suffer some how later...then plz reply me and inform me with the correct info...from hadiths or Quran.. 313
Basis for Jurisprudence and Islamic Rulings
Answer: Praise be to Allaah. I know, may Allaah teach us and you, that this is one of the myths and innovations that have no basis on the Qur’aan or Sunnah. It is like the things said by the people who follow innovations and are misguided, so that they say that it is makrooh to get married when the moon is in Scorpio or when it is under the rays [???], or when it is waning or in any of its other stages. (See Mu’jam al-Bida’ by Raa’id Sabri, 656). Allaah has permitted intercourse at all times and in all places, with the following exceptions: During the day in Ramadaan. Allaah says (interpretation of the meaning): “It is made lawful for you to have sexual relations with your wives on the night of al-siyaam (the fasts). They are libaas (body cover, screen, etc.) for you and you are the same for them. Allaah knows that you used to deceive yourselves, so He turned to you (accepted your repentance) and forgave you. So now have sexual relations with them and seek that which Allaah has ordained for you (offspring)…” [al-Baqarah 2:187] During the woman’s period [hayd] and when she is still bleeding after childbirth [nifaas]. Allaah says (interpretation of the meaning): “They ask you concerning menstruation. Say: that is an adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them until they have purified (from menses and have taken a bath). And when they have purified themselves, then go in unto them as Allaah has ordained for you…” [al-Baqarah 2:222] In the mosques. Allaah says (interpretation of the 314
Basis for Jurisprudence and Islamic Rulings
meaning): “… And do not have sexual relations with them (your wives) while you are in I’tikaaf (i.e., confining oneself in a mosque for prayers and invocations leaving the worldly activities) in the mosques. These are the limits (set) by Allaah, so approach them not…” [al-Baqarah 2:187] And in other situations, such as when one is muhrim (in a state of ihraam for Hajj or ‘Umrah). You will not find anything in the Qur’aan or Sunnah to confirm this lie. It is a kind of evil falsehood that has cheated a lot of people, so that now they hold it as some kind of inflexible belief. Many people have had intercourse with their wives on a Tuesday and have conceived healthy children. No harm has befallen either them or their children because of that. May Allaah protect us and you from bid’ah and evil. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 4033: Ruling on celebrating ‘Aashooraa’ or taking it as a day of mourning Question: What is the ruling on what people do on the day of ‘Aashooraa’, such as wearing kohl, taking a bath (ghusl), using henna, shaking hands with one another, cooking grains (huboob), showing their happiness and so on…? Has any saheeh hadeeth to that effect been narrated from the Prophet (peace and blessings of Allaah be upon him) or not? If there is no saheeh hadeeth to that effect, does doing these things constitute bid’ah, or not? What about 315
Basis for Jurisprudence and Islamic Rulings
the things that the other people do, such as mourning, grieving, going without anything to drink, eulogizing, wailing, rending their garments, etc.? Is there any basis for that or not? Answer: Praise be to Allaah. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked this question and he replied as follows: ‘Praise be to Allaah, the Lord of the Worlds. Nothing to that effect has been reported in any saheeh hadeeth from the Prophet (peace and blessings of Allaah be upon him) or from his Companions. None of the imaams of the Muslims encouraged or recommended such things, neither the four imaams, nor any others. No reliable scholars have narrated anything like this, neither from the Prophet (peace and blessings of Allaah be upon him), nor from the Sahaabah, nor from the Taabi’een; neither in any saheeh report or in a da’eef (weak) report; neither in the books of Saheeh, nor in al-Sunan, nor in the Musnads. No hadeeth of this nature was known during the best centuries, but some of the later narrators reported ahaadeeth like the one which says “Whoever puts kohl in his eyes on the day of ‘Aashooraa’ will not suffer from eye disease in that year, and whoever takes a bath (does ghusl) on the day of ‘Aashooraa’ will not get sick in that year, etc.” They also narrated reports concerning the supposed virtues of praying on the day of ‘Aashooraa’, and other reports saying that on the day of ‘Aashooraa’ Adam repented, the Ark settled on Mount Joodi, Yoosuf returned to Ya’qoob, Ibraaheem was saved from the fire, the ram was provided for sacrifice instead of Ismaa’eel, and so on. They also reported a fabricated hadeeth that is falsely attributed to the Prophet (peace and blessings of 316
Basis for Jurisprudence and Islamic Rulings
Allaah be upon him), which says, “Whoever is generous to his family on the day of ‘Aashooraa’, Allaah will be generous to him for the rest of the year.” (Then Ibn Taymiyah discussed the two misguided groups who were in Koofah, Iraq, both of whom took ‘Aashooraa’ as a festival because of their bid’ah). The Raafidi group made an outward show of allegiance to the Ahl al-Bayt although inwardly they were either heretics and disbelievers or ignorant and bound by whims and desires. The Naasibi group hated ‘Ali and his companions, because of the troubles and killings that had occurred. It is reported in Saheeh Muslim that the Prophet (peace and blessings of Allaah be upon him) said: “In (the tribe of) Thaqeef there will be a liar and an oppressor [???].” The liar was al-Mukhtaar ibn Abi ‘Ubayd al-Thaqafi, who made an outward show of allegiance to and support of the Ahl alBayt, and killed ‘Ubayd-Allaah ibn Ziyaad, the governor of Iraq, who had equipped the party that killed al-Husayn ibn ‘Ali (may Allaah be pleased with them both); then he (al-Mukhtaar) made it clear that he was a liar, by claiming to be a prophet and that Jibreel (peace be upon him) brought revelation to him. People told Ibn ‘Umar and Ibn ‘Abbaas about this, and said to one of them, “al-Mukhtaar ibn Abi ‘Ubayd is claiming to receive revelation [annahu yanzilu ‘alayhi].” He said, “He is telling the truth, for Allaah says (interpretation of the meaning): ‘Shall I inform you (O people) upon whom the shayaateen (devils) descend [tanazzalu]? They descend upon every lying, sinful person.’ [al-Shu’ara’ 26:221].” [Translator’s note: the words translated as “receive revelation” and “descend” both come from the same root in Arabic]. They said to the other: “Al-Mukhtaar is claiming that he receives inspiration.” He said, “he is telling the truth. ‘… And certainly, the Shayaateen (devils) do inspire their friends (from mankind) to dispute with you…’ [al-An’aam 6:121 – interpretation of the meaning].” As for the oppressor , 317
Basis for Jurisprudence and Islamic Rulings
this was al-Hajjaaj ibn Yoosuf al-Thaqafi, who was opposed to ‘Ali and his companions. Al-Hajjaaj was a Naasibi and al-Mukhtaar was a Raafidi, and this Raafidi was a greater liar and more guilty of fabrication and heresy, because he claimed to be a prophet… There was much trouble and fighting between these two groups in Kufa. When al-Husayn ibn ‘Ali (may Allaah be pleased with them both) was killed on the day of ‘Aashooraa’, he was killed by the sinful, wrongdoing group. Allaah honoured al-Husayn with martyrdom, as He honoured other members of his family, and raised his status, as He honoured Hamzah, Ja’far, his father ‘Ali and others. Al-Husayn and his brother al-Hasan are the leaders of the youth of Paradise. High status can only be attained through suffering, as the Prophet (peace and blessings of Allaah be upon him said, when he was asked which people suffer the most. He said, “The Prophets, then righteous people, then the next best and the next best. A man will suffer according to his level of faith. If his faith is solid, he will suffer more, but if his faith is shaky, he will suffer less. The believer will keep on suffering until he walks on the earth with no sin.” (reported by al-Tirmidhi and others). Al-Hasan and al-Husayn achieved what they achieved and reached the high status they reached by the help and decree of Allaah. They did not suffer as much as their forefathers had, for they were born and raised during the glory days of Islam, and the Muslims respected and honoured them. The Prophet (peace and blessings of Allaah be upon him) died when they were still young, and Allaah blessed them by testing them in such a manner that they would be able to catch up with the rest of their family members, as those who were of a higher status than them were also tested. ‘Ali ibn Abi Taalib was better than them, and he was killed as a shaheed (martyr). The killing of al-Husayn was one of the things that caused fitnah (tribulation) among the 318
Basis for Jurisprudence and Islamic Rulings
people, as was the killing of ‘Uthmaan, which was one of the greatest causes of fitnah, because of which the ummah is still split today. Thus the Prophet (peace and blessings of Allaah be upon him) said: “There are three things, whoever is saved from them is truly saved: my death, the killing of a patient khaleefah, and the Dajjaal (‘antichrist’).” Then Shaykh al-Islam (may Allaah have mercy on him) mentioned a little about the biography of al-Hasan and his just character, then he said: “Then he died, and Allaah was pleased with him and honoured him. Some groups wrote to al-Husayn and promised to support and help him if he went ahead and declared himself khaleefah, but they were not sincere. When al-Husayn sent his cousin [son of his paternal uncle] to them, they broke their word and gave help to the one they had promised to defend him against, and fought with him against [al-Husayn’s cousin]. Those who were wise and who loved al-Husayn, such as Ibn ‘Abbaas and Ibn ‘Umar and others, advised him not to go to them, and not to accept any promises from them. They thought that his going to them served no useful interest and that the consequences would not be good. Things turned out just as they said, and this is how Allaah decreed it would happen. When al-Husayn (may Allaah be pleased with him) went out and saw that things were not as he had expected, he asked them to let him go back, or to let him join the army that was defending the borders of Islam, or join his cousin Yazeed, but they would not let him do any of these things unless he gave himself up to them as a prisoner. So he fought with them, and they killed him and some of those who were with him, and he was wrongfully slain so he died as a shaheed whose martyrdom brought him honour from Allaah, and so he was reunited with the good and pure members of his family. His murder 319
Basis for Jurisprudence and Islamic Rulings
brought shame on those who had wrongfully killed him, and caused much mischief among the people. An ignorant, wrongful group – who were either heretics and hypocrites, or misguided and misled – made a show of allegiance to him and the members of his household, so they took the day of ‘Aashooraa’ as a day of mourning and wailing, in which they openly displayed the rituals of jaahiliyyah such as slapping their cheeks and rending their garments, grieving in the manner of the jaahiliyyah. But what Allaah has commanded us to do when disaster strikes – when the disaster is fresh – is to bear it with patience and fortitude, and to seek reward, and to remember that all things come from Allaah and we must return to Him, as He says (interpretation of the meaning): “… but give glad tidings to al-saabiroon (the patient ones), who, when afflicted with calamity, say: ‘Truly, to Allaah we belong and turly, to Him we shall return.’ They are those on whom are al-salawaat (the blessings) (i.e., who are blessed and will be forgiven) from their Lord, and (they are those who) receive His Mercy, and it is they who are the guided ones.” [al-Baqarah 2:155-157] . It is reported in al-Saheeh that the Prophet (peace and blessings of Allaah be upon him) said: “he is not one of us who strikes his cheeks, rends his garments and prays with the prayer of Jaahiliyyah.” And he said: “I have nothing to do with those who strike [their cheeks], shave [their heads] and rend [their garments].” And he said: “If the woman who wails does not repent before she dies, she will be raised up on the Day of Resurrection wearing trousers made of tar and a shirt of scabs.” In al-Musnad, it is reported from Faatimah bint al-Husayn, from her father al-Husayn, that the Prophet (peace and blessings of Allaah be upon him) said: “There is no man who suffers a calamity, and when he remembers it, even if it is old, he says ‘Innaa Lillaahi wa innaa ilayhi raaji’oon (Truly, to Allaah we belong and truly, to Him we shall return),’ but 320
Basis for Jurisprudence and Islamic Rulings
Allaah will give a reward equal to the reward He gave him on the day he suffered the calamity.” This is how Allaah honours the Believers. If the disaster suffered by al-Husayn, and other disasters, are mentioned after all this time, we should say “Innaa Lillaahi wa innaa ilayhi raaji’oon (Truly, to Allaah we belong and truly, to Him we shall return),” as Allaah and His Messenger commanded, so as to be given the reward like that earned on the day of the disaster itself. If Allaah commanded us to be patient and steadfast and to seek reward at the time of the disaster, then how about after the passing of time? The Shaytaan made this attractive to those who are misled, so they took the day of ‘Aashooraa’ as an occasion of mourning, when they grieve and wail, recite poems of grief and tell stories filled with lies. Whatever truth there may be in these stories serves no purpose other than the renewal of their grief and sectarian feeling, and the stirring up of hatred and hostility among the Muslims, which they do by cursing those who came before them, and telling many lies, and causing much trouble in the world. The various sects of Islam have never known any group tell more lies or cause more trouble or help the kuffaar against the Muslims more than this misguided and evil group. They are even worse than the Khawaarij who went beyond the pale of Islam. They are the ones of whom the Prophet (peace and blessings of Allaah be upon him) said: “They will kill the people of Islam and will leave alone the people who worship idols.” This group cooperated with the Jews, Christians and mushrikeen against the members of the Prophet’s household and his believing ummah, and also helped the mushrik Turks and Tatars to do what they did in Baghdaad and elsewhere to the descendents of the Prophet (peace and blessings of Allaah be upon him), i.e., the ‘Abbaasid rulers and others, and the believers; the Turks and Tatars killed them, enslaved their women and destroyed their homes. The evil and harm that they do to the Muslims cannot be enumerated by any man, no matter 321
Basis for Jurisprudence and Islamic Rulings
how eloquent he is. Some others – either Naasibis who oppose and have enmity towards al-Husayn and his family or ignorant people who try to fight evil with evil, corruption with corruption, lies with lies and bid’ah with bid’ah – opposed them by fabricating reports in favour of making the day of ‘Aashooraa’ a day of celebration, by wearing kohl and henna, spending money on one’s children, cooking special dishes and other things that are done on Eids and special occasions. These people took the day of ‘Aashooraa’ as a festival like Eid, whereas the others took it as a day of mourning. Both are wrong, and both go against the Sunnah, even though the other group (the Rafidis) are worse in intention and more ignorant and more plainly wrong… But Allaah commands us to be just and to treat others well. The Prophet (peace and blessings of Allaah be upon him) said: “Those of you who live after my death will see many disputes. I urge you to adhere to my Sunnah and the sunnah of my rightlyguided successors (al-khulafa’ al-raashidoon) who come after me. Hold onto it as if biting it with your eyeteeth. Beware of newly-innovated matters, for every innovation is a going astray.” Neither the Prophet (peace and blessings of Allaah be upon him) nor his rightly-guided successors (the khulafa’ al-raashidoon) did any of these things on the day of ‘Aashooraa’, they neither made it a day of mourning nor a day of celebration. But “when the Prophet (peace and blessings of Allaah be upon him) came to Madeenah, he saw the Jews fasting on the day of ‘Aashooraa’. He said, ‘What is this?’ They said, ‘This is the day when Allaah saved Moosa from drowning, so we fast on this day.’ He said, ‘We have more right to Moosa than you,’ so he fasted on that day and commanded [the Muslims] to fast on that day.” Quraysh also used to venerate this day during the Jaahiliyyah. The day on which people were ordered to 322
Basis for Jurisprudence and Islamic Rulings
fast was just one day. When the Prophet (peace and blessings of Allaah be upon him) came to Madeenah it was Rabee’ al-Awwal, and the following year he fasted ‘Aashooraa’ and commanded the people to fast. Then in that year fasting in Ramadaan was made obligatory and fasting on ‘Aashooraa’ was abrogated. The scholars disputed as to whether fasting on that day (‘Aashooraa’) was waajib (obligatory) or mustahabb (encouraged). Of the two best known opinions, the more correct view is that it was waajib, then after that whoever fasted it did it because it was mustahabb. The Prophet (peace and blessings of Allaah be upon him) did not tell ordinary Muslims to fast on ‘Aashooraa’, but he used to say, “This is the day of ‘Aashooraa’; I am fasting on this day and whoever wishes to fast on this day may fast.” And he said: “Fasting on ‘Aashooraa’ expiates for the sins of one year and fasting on the day of ‘Arafaah expiates for the sins of two years.” When, towards the end of his life, the Prophet (peace and blessings of Allaah be upon him) heard that the Jews took the day of ‘Aashooraa’ as a festival, he said, “If I live until next year, I will certainly fast on the ninth” – to be different from the Jews, and not to resemble them in taking the day as a festival. There were some of the Sahaabah and scholars who did not fast on this day and did not regard it as mustahabb, but thought it makrooh to single out this day for fasting. This was reported from a group of the Koofiyeen (scholars of Kufa). Some other scholars said that it was mustahabb to fast on this day. The correct view is that it is mustahabb for the one who fasts on ‘Aashooraa’ to fast on the ninth day [of Muharram] too, because this was the ultimate command of the Prophet (peace and blessings of Allaah be upon him), as he said: “If I live until next year, I will certainly fast on the ninth as well as the tenth.” This was reported with a variety of isnaads. This is what is
323
Basis for Jurisprudence and Islamic Rulings
prescribed in the Sunnah of the Prophet (peace and blessings of Allaah be upon him). As for the other things, such as cooking special dishes with or without grains, or wearing new clothes, or spending money on one’s family, or buying the year’s supplies on that day, or doing special acts of worship such as special prayers or deliberately slaughtering an animal on that day, or saving some of the meat of the sacrifice to cook with grains, or wearing kohl and henna, or taking a bath (ghusl), or shaking hands with one another, or visiting one another, or visiting the mosques and mashhads (shrines) and so on… all of this is reprehensible bid’ah and is wrong. None of it has anything to do with the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him) or the way of the Khulafa’ alRaashidoon. It was not approved of by any of the imaams of the Muslims, not Maalik, not al-Thawri, not al-Layth ibn Sa’d, not Abu Haneefah, not al-Oozaa’i, not alShaafa’i, not Ahmad ibn Hanbal, not Ishaaq ibn Raahwayh, not any of the imaams and scholars of the Muslims. The religion of Islam is based on two principles: that we should worship nothing besides Allaah Alone, and that we should worship Him in the manner that He has prescribed, not by means of bid’ah or reprehensible innovations. Allaah says (interpretation of the meaning): “… So whoever hopes for the Meeting with his Lord, let him work righteousness and associate none as a partner in the worship of his Lord.” [al-Kahf 18:110]. Righteous deeds are those which are loved by Allaah and His Messenger, those which are prescribed in Islam and in the Sunnah. Thus ‘Umar ibn al-Khattaab (may Allaah be pleased with him) used to say in his du’aa’: “O Allaah, 324
Basis for Jurisprudence and Islamic Rulings
make all of my deeds righteous and make them purely for Your sake, and do not let there be any share for anyone or anything else in them.” (The above is summarized from the words of Shaykh alIslam Ibn Taymiyah – may Allaah have mercy on him. Al-Fataawa al-Kubra, part 5). And Allaah is the Guide to the Straight Path. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 2039: Regarding the number 13 as unlucky Question: Assalamu-’alaykum There are some Muslims that claim certain numbers have a special meaning. Some people including unbelievers and Muslims say that the number 13 is a bad or evil number, and some Muslims have found reasons to believe this too. One Muslim said that the Jews captured Jerusalem from Muslims on Friday the 13 and the general who captured it used 13 armies, thus the number is cursed. Is all this just superstition and omen searching which has no place in Islam? May Allah reward you. Answer: Praise be to Allaah. It is not permitted for the Muslim who believes in Allaah as his Lord, Islam as his religion, Muhammad (peace and 325
Basis for Jurisprudence and Islamic Rulings
blessings of Allaah be upon him) as a Prophet and Messenger, and in the divine decree, both good and bad, to think that any being, entity or quality can have a specific effect in bringing good or warding off harm, as there is no evidence in sharee’ah to that effect. This is part of the legacy of jaahiliyyah (ignorance) which has been cancelled out by Islam and is regarded as being shirk which negates perfect Tawheed, because it is insinuating thoughts (waswaas) and scare tactics from the Shaytaan. It is like the attitude of the people of Pharaoh, about whom Allaah said (interpretation of the meaning): “But whenever good came to them, they said, ‘Ours is this.’ And if evil afflicted them, they ascribed it to evil omens connected with Moosa and those with him…” [al-A’raaf 7:131]. If some disaster or drought befell them, they blamed it on evil omens which they associated with Moosa and the believers with him, but Allaah refuted this and said (interpretation of the meaning): “… Verily, their evil omens are with Allaah…” [al-A’raaf 7:131]. Ibn ‘Abbaas (may Allaah be pleased with them both) said: “ ‘Their evil omens’ means what He decreed for them; they were the cause of what happened to them because of their kufr and rejection of the signs and messengers of Allaah.” Many ahaadeeth were reported from the Prophet (peace and blessings of Allaah be upon him) in which he forbade pessimism and superstitious belief in evil omens. The word tatayyur (pessimism) is derived from teer (birds), because some birds were viewed as evil omens, then the word came to be applied to everything that is taken as a bad sign. Abu Hurayrah reported that the Prophet (peace and blessings of Allaah be upon him) said, “No ‘adwaa [transmission of infectious diease without the permission of Allaah], no tiyarah [superstitious belief in bird omens], no haamah [refers to a Jaahili Arab tradition described 326
Basis for Jurisprudence and Islamic Rulings
variously as: a worm that infests the grave of a murder victim until he is avenged; an owl; or the bones of a dead person turned into a bird that could fly], and no Safar [the month of Safar was regarded as “unlucky” in the Jaahiliyyah].” [Translator’s notes in square brackets]. (Reported by al-Bukhaari, 5757, and Muslim, 2220.] Muslim added in one of his reports: “And no naw’ (star promising rain) and no ghool (evil demon living in the desert).” The Prophet (peace and blessings of Allaah be upon him) denounced ‘adwaa, the Jaahili belief that attributed sickness to something other than Allaah and said that the sickness could transmit itself without the decree of Allaah. He explained that all of that happens by the decree of Allaah, and that people are instructed to avoid the causes of disaster if they are in good health. The words “no Safar”, according to one of the interpretations given by the scholars, refer to the month of Safar, which the people of the Jaahiliyyah viewed with pessimism as being unlucky, as was reported in Sunan Abi Dawood (3914) from Muhammad ibn Raashid from someone who heard him say: “The people of the Jaahiliyyah used to regard Safar as inauspicious, and said that it was an unlucky month. The Prophet (peace and blessings of Allaah be upon him) refuted that.” Imaam Ibn Rajab (may Allaah have mercy on him) said: “Regarding Safar as inauspicious is a kind of superstition that is forbidden. Also forbidden is regarding particular days, such as Wednesdays, as inauspicious, or following the Jaahili custom of regarding Shawwaal as inauspicious for weddings.” No doubt this also includes the superstitions about the number 13 mentioned in the question. There is no indication in the Qur’aan or Sunnah that this number 327
Basis for Jurisprudence and Islamic Rulings
should be regarded as inauspicious in any way. The thirteenth is just an ordinary day, like any other day, and anything that happens on such a day happens by divine decree; Allaah decreed that it should happen on that day in that way. If a person tried to spend his time counting the numbers of days or dates on which calamities befell the Muslim ummah, he might find some patterns in some instances, but this has nothing to do with “bad luck” because of certain numbers or dates on which those events happened. The remedy for this kind of waswaas is for a person to strengthen his heart, have certain faith (yaqeen) in Allaah and put his trust in Him. He should know that no disaster happens except by the decree of Allaah, and he should beware of getting carried away with this waswaas from the Shaytaan or these ideas that may cross his mind. He may be punished with the very thing that he is fearing, because he is turning away from having faith in Allaah and the belief that all good is in His hands, and that He Alone is the one who wards off harm by His power and grace. The Prophet (peace and blessings of Allaah be upon him) taught us the kafaarah (expiation) to be offered by the one who indulges in any kind of superstitious pessimism. ‘Abd-Allaah ibn ‘Amr reported that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever lets tiyarah (superstition) stop him from doing something is guilty of shirk.” They said, “What is the kafaarah (expiation) for that?” He said, “To say: Allaahumma la khayra illaa khayruka wa laa tayra illaa tayruka wa laa ilaaha ghayruka (O Allaah, there is no good except Your good, no birds except Yours, and there is no god beside You).” And Allaah knows best. As this issue is widespread among people nowadays, there is no harm in going into further detail, as follows: 328
Basis for Jurisprudence and Islamic Rulings
In the Name of Allaah, Most Gracious, Most Merciful Tiyarah and Fa’l (Bad omens and good omens) [1] Tiyarah (seeing bad omens) comes from the word tayr (birds) [because the ancient Arabs used to see omens in the movements of birds and other creatures – Translator], and is the opposite of fa’l (good omens). The Arabs all used to have the same ideas about fa’l and tiyarah. The Prophet (peace and blessings of Allaah be upon him) approved of and encouraged the idea of seeing good omens, but he disapproved and forbade the idea of seeing bad omens. [2] Al-‘Izz ibn ‘Abd al-Salaam said: “The difference between al-tiyarah and al-tatayyur is that tatayyur means feeling in one’s heart that something bad is going to happen, whilst tiyarah means acting on the basis of those pessimistic feelings.” [3] Tiyarah existed long before Islam. Allaah says (interpretation of the meaning): “But whenever good came to them, they said, ‘Ours is this.’ And if evil afflicted them, they ascribed it to evil omens connected with Moosa and those with him…” [al-A’raaf 7:131]. [4] Types of superstitious belief in bad omens, ancient and modern: Certain days or months, such as Safar and Shawwaal. Certain birds, such as crows and owls. Certain animals, such as snakes, black cats and monkeys, or their movements, such as the passing of gazelles. Certain types of people, such as a one-eyed man or a hunchback. Certain numbers, such as 13 among the Christians, 7 329
Basis for Jurisprudence and Islamic Rulings
among the Bedouin and 10 among the Raafidis; in the latter case because they dislike the “‘asharah mubashsharah (the ten Sahaabah who were given the certain promise of Paradise) – with the exception of ‘Ali (may Allaah be pleased with him). Hence they will say “Nine plus one” instead of “ten.” Certain sounds, such as the voice of a crow or the sound of an ambulance or fire truck. Frightening or disturbing dreams. Colours, such as the colour of blood, or yellow. When the eyelashes of the left eye tremble involuntarily, they say, “Something bad is going to happen to us.” Calling a child by the name of a living person, such as the father or mother and so on. Witnessing an accident or a fire in the morning. Seeing one’s wife’s mother in the morning. When the right hand or right foot itches. [5] The virtue of tawakkul (putting one’s trust in Allaah) and not indulging in tiyarah. The Prophet ( peace and blessings of Allaah be upon him) said: “Seventy thousand people will enter Paradise without being called to account and without being punished.” Among the virtues of these people, he described them as not believing in tiyarah and as putting their trust in Allaah. (Reported by Muslim). [6] Condemnation of tiyarah and explanation that it is a kind of shirk. Ibn Mas’ood (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Al-tiyarah is shirk,’ and he said it three times.” (Reported by Abu Dawood and others, and classed as saheeh by al-Albaani). 330
Basis for Jurisprudence and Islamic Rulings
‘Imraan ibn Husayn (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘He is not one of us who does tiyarah or has it done for himself…’” Al-Albaani said: “Its isnaad is hasan.” Ibn al-Qayyim said: “Tiyarah is a kind of shirk and a way in which the Shaytaan influences and scares a person. It is very serious for the one who takes it to heart and pays too much attention to it, but it is insignificant for the one who pays no attention to it and is not concerned about it. [7] Negation of tiyarah and superstition. Abu Hurayrah (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘There is no ‘adwaa (contagion) or tiyarah, but I like righteous fa’l.” (Muslim). And he said, “No ‘adwaa, no tiyarah, no haamah, and no Safar.” (Reported by alBukhaari and Muslim). Mu’aawiyah ibn al-Hakam al-Salami reported that he said to the Messenger of Allaah (peace and blessings of Allaah be upon him): “Some of us believe in tiyarah.” He said, “That is something that any of you may feel in himself, but it should not stop you from doing anything.” (Muslim). So the Prophet (peace and blessings of Allaah be upon him) explained that any anxiety suffered because of tiyarah is all in the mind and has nothing to do with the object that caused the fear. It is the person’s own illusion, fear and shirk that is affecting him and stopping him from doing what he wants to do, not the thing that he saw or heard. Whoever adheres firmly to the bonds of Tawheed and puts all his trust in Allaah, thus nipping the ideas of tiyarah in the bud before they take hold, will be successful and happy in this world and the next. In a saheeh hadeeth, the Prophet (peace and blessings of Allaah be upon him) said: “Leave any ideas of tiyarah as 331
Basis for Jurisprudence and Islamic Rulings
they are [i.e., do not take them any further].” (Saheeh Abi Dawood). What this hadeeth means is that the Prophet (peace and blessings of Allaah be upon him) wanted them not to pay attention to such ideas, but to leave them alone, as Allaah had made them, because they can bring neither benefit nor harm. Ibn Jareer said: “What this means is to leave birds (tayr) alone without shooing them away, and carry on with one’s own business, because shooing them away does not bring any benefit or ward off any harm.” ‘Ikrimah (may Allaah have mercy on him) said: “We were sitting with Ibn ‘Abbaas when a bird flew over us and screeched. A man who was there said, ‘Good!’ Ibn ‘Abbaas said to him, ‘It is neither good nor bad.’” He hastened to rebuke him lest he think that it had any influence for good or evil. Taawoos set out on a journey with one of his friends, and a crow screeched. The man said, “Good!” Taawoos said, “What is the good in that? Do not accompany me any further.” Ibn ‘Abd al-Hakam said: “Muzaahim said, ‘When ‘Umar ibn ‘Abd al-‘Azeez set out from Madeenah, I looked and saw that the moon was in Hyades [a group of stars in Taurus], and I did not want to tell him that, so I just said to him, “Look how beautiful the moon looks tonight.” ‘Umar looked, and saw that the moon was in Hyades, and said, “It is as if you wanted to tell me that the moon was in Hyades. O Muzaahim, we do not go out by the help of the sun or the moon; we go out by the help of Allaah, al-Waahid, al-Qahhaar.”’” [8] The limits of tiyarah. The kind of tiyarah that makes a person go ahead with his plans or stops him from going ahead is the kind of tiyarah that is prohibited. As for the 332
Basis for Jurisprudence and Islamic Rulings
good omens (fa’l) that the Prophet (peace and blessings of Allaah be upon him) liked, this is a kind of optimism that a person does not feel dependent upon, unlike things that may make a person either go ahead or change his plans, in which a person is in a sense depending upon it. And Allah knows best. [9] Kafaarah (expiation) for one who engages in tiyarah. Imaam Ahmad reported in his Musnad and Ibn al-Sunni also reported with a saheeh isnaad from ‘Abd-Allaah ibn ‘Amr that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever lets tiyarah stop him from doing something is guilty of shirk.” They said, “What is the kafaarah for that?” He said, “To say: Allaahumma la khayra illaa khayruka wa laa tayra illaa tayruka wa laa ilaaha ghayruka (O Allaah, there is no good except Your good, no birds except Yours, and there is no god beside You).” “… no birds except Yours” means: the birds are part of Your creation, they can bring neither benefit nor harm, and the only One Who can bring benefit or harm is You, may You be glorified. [10] Remedies for tatayyur: (a) tawakkul, which means delegating all one’s affairs to Allaah and relying on Him, whilst at the same time taking the necessary means and precautions. This is an obligation which must be done purely and sincerely for Allaah, because it is one of the best forms of worship and highest levels of Tawheed. Allaah says (interpretation of the meanings): “… and put your trust in Allaah, if you are believers indeed.” [al-Maa’idah 5:23] and “And put yout trust in the Ever-Living One Who dies not, and glorify His Praises, and Sufficient is He as the All-Knower of the sins of His slaves.” [al-Furqaan 25:58]. Putting one’s trust in Allaah is one of the greatest and most important 333
Basis for Jurisprudence and Islamic Rulings
ways of getting rid of pessimism and superstition and other matters pertaining to shirk. (b) Knowing that everything that happens, happens by the decree of Allaah. Blessings and calamities alike are covered by the will and decree of Allaah, as He says (interpretation of the meaning): “No calamity befalls on the earth or in yourselves but is inscribed in the Book of Decrees (al-lawh al-mahfooz), before We bring it into existence. Verily, that is easy for Allaah.” [al-Hadeed 57:22]. Thus a person may be reassured about these matters, and there is no need for tatayyur or tiyarah, because good and bad alike are subject to the will and decree of Allaah. (c) Istikhaarah. This is one of the greatest forms of worship and is complete tawakkul or dependence on Allaah. It is the alternative to tatayyur and tiyarah. The Prophet (peace and blessings of Allaah be upon him) used to teach his Companions to make istikhaarah for all their affairs just as he used to teach them the soorahs of the Qur’aan. (d) Moving away from places which one thinks are “unlucky”. Here we are talking about doubt, not certainty. Anas ibn Maalik (may Allaah be pleased with him) said: “A man said, ‘O Messenger of Allaah, we lived in a house where our number was great and our wealth was abundant, then we moved to a house where our numbers dwindled and our wealth decreased.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Leave it, for it is bad.’” (Reported by Maalik, Abu Dawood, al-Bukhaari in alAdab al-Mufrad, and classed as hasan by al-Albaani). “Leave it, for it is bad” – Ibn ‘Abd al-Barr said: “I think that he said it lest they adhere to thoughts of tiyarah.” AlBaghawi said: “He told them to move away from it 334
Basis for Jurisprudence and Islamic Rulings
because they did not like it and did not feel comfortable; if they moved, the things they were feeling would go away. He did not tell them to move because the house was the cause of the problems.” But the Creator made that the time for His decree to be carried out. – suggested by Ibn al’-Arabi al-Maaliki. (e) Fa’l (good omen). This is the opposite of tiyarah, for example when a man who is sick hears another addressing him as “Ya saalim (O healthy one)!”. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “There is no ‘adwaa (contagion) and no tiyarah, but I like righteous fa’l, a good word.” (Reported by al-Bukhaari and Muslim). The difference between fa’l and tiyarah is that fa’l involves thinking in positive terms about Allaah, whereas tiyarah involves the opposite, so for this reason it is disliked. There is another issue here: if a person puts his trust in Allaah and goes ahead with his plans, then disaster strikes and harm befalls him, how can this happen when he thought of Allaah in positive terms? Our answer is that this is a test, not an omen or tiyarah; the believer is tested in accordance with the level of his faith. Haafiz al-Hakami said: “One of the conditions of fa’l is that it is not something that a person relies on or tries to figure out; it is just a coincidence that happens to a person without him thinking about it. It is a particularly loathsome form of bid’ah to try to find fa’l in the Qur’aan [by opening it at random]. The one who takes the Verses of Allaah as a joke or idle entertainment is surely doing wrong. If a person tries to figure out fa’l and use it to get “good luck”, this is tiyarah, like using arrows to seek luck or a decision. O Allaah, we seek refuge with You from associating 335
Basis for Jurisprudence and Islamic Rulings
anything knowingly with You, and we seek Your forgiveness for that which we do unknowingly. References: Al-Qawl al-Mufeed ‘ala Kitaab al-Tawheed. Ibn ‘Uthaymeen. Al-Tiyarah wa’l-Fa’l. Mahmoud al-Jaasim Tayseer al-‘Azeez al-Hameed Sharh Kitaab al-Tawheed. Sulaymaan ibn ‘Abd-Allaah. Fath al-Baari. Ibn Hajar. Fath al-Majeed Sharh Kitaab al-Tawheed. ‘Abd alRahmaan ibn Hasan. Ma’aarij al-Qubool. Al-Hakam. Miftaah Daar al-Sa’aadah. Ibn al-Qayyim. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 3470: Ruling on gathering to recite du’aa’ for completing the Qur’aan Question: What is the ruling on gathering to recite du’aa’ for completing the Qur’aan, when a person completes reading the Qur’aan and invites the rest of his family and others to come and recite the du’aa’ together so that they may all gain the reward for completing the Qur’aan? The du’aa’ narrated from Shaykh al-Islam Imaam Ahmad Ibn Taymiyah and other du’aa’s are printed at the back of the 336
Basis for Jurisprudence and Islamic Rulings
Mushaf and are called “Du’aa’ Khatam al-Qur’aan al‘Azeem” (Du’aa’ for completing the Holy Qur’aan). Is it permissible to gather to recite this du’aa’, whether at the end of Ramadaan or on other occasions? Are such gatherings counted as bid’ah or not? Has any specific du’aa’ for completing the Qur’aan been narrated from the Messenger of Allaah (peace and blessings of Allaah be upon him)? Answer:
Praise be to Allaah. As far as we know, no specific du’aa’ has been narrated, so it is permissible for a person to recite any du’aa’ he likes and to pray for anything he wishes, such as asking for forgiveness of sins, to be admitted to Paradise, to be saved from Hell, to be given refuge from trials and tribulations, to be helped to understand the Qur’aan in the way that pleases Allaah, and to act upon it and memorize it, and so on. It was reported from Anas (may Allaah be pleased with him) that he used to gather his family and make du’aa’ when he completed the Qur’aan. However, nothing of this nature was reported from the Prophet (peace and blessings of Allaah be upon him), as far as I know. With regard to the du’aa’ attributed to Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him), I do not know whether this attribution is correct, but it is well-known among our shaykhs and others even though I have never seen it in any of his books. And Allaah knows best. Shaykh Ibn Baaz, Fataawa Islamiyah, part 4. (www.islamqa.com) 337
Basis for Jurisprudence and Islamic Rulings
3466: Ruling on reading Qur’aan collectively Question: What is the ruling on reading Qur’aan collectively in the mosque? Answer:
Praise be to Allaah. The question is somewhat vague, but if what is meant is that they read it together in unison, pausing and stopping at the same places, then this is not prescribed by Islam and at the very least is makrooh (disliked) because it is not reported that the Prophet (peace and blessings of Allaah be upon him) or his Sahaabah (may Allaah be pleased with them) did such a thing. If, however, it is done for the purpose of learning, then there should be nothing wrong with it. If what is meant is that they gather to read Qur’an in order to learn it and memorize it, and one of them reads whilst the others listen, or each one reads to himself quietly, and not in unison with the others, then this is allowed because it is proven that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “No people gather together in one of the houses of Allaah and read the Book of Allaah, studying it together, but tranquillity descends upon them, the angels surround them and mercy covers them, and Allaah mentions them to those who are with Him.” (Reported by Muslim). Al-Lajnah al-Daa’imah: Fataawa Islamiyah, part 4. (www.islam-qa.com)
338
Basis for Jurisprudence and Islamic Rulings
3219: Does Islam tell us to recite al-Faatihah one hundred times when asking Allaah for something? Question: Assalamu-Alaikum, I am looking for a reference to performing Al Fatiha 100 times asking Allah (swt) for a big blessing. Does anyone know of a Hadith mentioning this? Assalamu-Alaikum Answer:
Praise be to Allaah. There is no saheeh evidence (daleel) to indicate that we should recite al-Faatihah one hundred times when asking Allaah for anything, so it is not permissible to do this. You must follow the Sunnah and call on Allaah by His names and attributes, as he says (interpretation of the meaning): “And (all) the Most beautiful Names belong to Allaah, so call on Him by them…” [al-A’raaf 7:180]. As regards Soorat al-Faatihah, it is the greatest soorah of the Qur’aan, so recite it whenever you wish, without specifying a certain number of times or a certain way of reciting it that has no basis in Islam. May Allaah help us and you to do all good. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
339
Basis for Jurisprudence and Islamic Rulings
2253: Holding “khatam” gatherings in the mosque to recite Soorat Ya-Seen for the dead is bid’ah Question: regarding answer 2226: I see in my mosque something called a ‘khutm’ where the people get together and recite sura yasin (36) saying that helps the dead or something similar. Is there any daleel in support of this? wa salam. Answer: Praise be to Allaah. There is no saheeh evidence (daleel) to indicate that this practice is prescribed in sharee’ah. Therefore it is an act of bi’dah (innovation) which we should avoid, warn others against and not take part in. We should adhere to the sunnah, which contains sufficient alternatives to all the innovated practices. The hadeeth “Recite Yaa-Seen for your dead” is a da’eef (weak) hadeeth. See Question #734. And Allaah is the Source of strength.. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 734: Ruling on reading Soorat Yaa-Seen for the dying and the deceased Question: Asslamua Alylum, 340
Basis for Jurisprudence and Islamic Rulings
In my culture people read sura Yaseen in groups before and after people die. I would like to know if whether this is based on suna or an innovation? Answer: Praise be to Allaah. We have to make a distinction here between the two issues: reading Yaa-Seen for one who is dying, and reading it for one who has died. With regard to reading Yaa-Seen for one who is dying, this practice has been reported from some of the Sahaabah. Imaam Ahmad reported in his Musnad from Safwaan: “My shaykhs told me that they were with Ghudayf ibn al-Haarith al-Thumaani when he was dying. He said: ‘Can any of you read Yaa-Seen?’ So Saalih ibn Shurayh al-Sakooni recited it, and when he reached the fortieth aayah, Ghudayf passed away. My shaykhs used to say that when it is recited in the presence of one who is dying, it eases the pain of death.” That was the opinion of Safwaan. ‘Eesaa ibn al-Mu’tamir read it for Ibn Mab’ad (when the latter was dying). (al-Musnad, 16355) Al-Albaani said in Irwaa’ al-Ghaleel, 3/152: “This is a saheeh sanad going back to Ghudayf ibn al-Haarith, may Allaah be pleased with him. Its men are thiqaat apart from ‘the shaykhs’ who are not named and are therefore unknown (majhool). But the fact that they are unknown is compensated for by their large number, especially since they are of the generation of the Taabi’een…” Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’ fi Ahkaam al-Janaa’iz: “Soorat Yaa-Seen may be recited over him (i.e., the one who is dying) for the one who thinks that the hadeeth is correct.” He explained that this is because this soorah contains good news of Paradise, as 341
Basis for Jurisprudence and Islamic Rulings
in the aayah (interpretation of the meaning): “It was said: ‘Enter Paradise.’…” [Yaa-Seen 36:26], and because it makes the passage of the soul easier, and other reasons. As regards reading Soorat Yaa-Seen for one who has died, there is no saheeh hadeeth to indicate that this should be done. A hadeeth was narrated by Abu Dawood and others which says “Read Yaa-Seen over your dead”, but this hadeeth is not saheeh because its isnaad contains contradictions and narrators who are unknown (majhool). This was stated by al-‘Allaamah al-Albaani in Irwaa’ alGhaleel, hadeeth no. 688. Reading Qur’aan over the dead is considered to be bid’ah (innovation), as he states at the end of his book Ahkaam al-Janaa’iz. Some people think that it should be read forty times over the deceased, and some of them may distribute copies of the Qur’aan among the mourners who gather to offer condolences so that they may read, or organize gatherings in the mosque to read it for the soul of the deceased. All of this has no basis whatsoever (in the sunnah), and these are innovated deeds of bid’ah which we should avoid and warn others against. And Allaah is the Source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 1027: Celebrating birthdays is not allowed Question: what is the evidence on celebrating birthdays,is it allowed in islam? Answer: The evidence in the Qur’aan and Sunnah indicates that 342
Basis for Jurisprudence and Islamic Rulings
celebrating birthdays is a kind of bid’ah or innovation in religion, which has no basis in the pure sharee’ah. It is not permitted to accept invitations to birthday celebrations, because this involves supporting and encouraging bid’ah. Allaah, may He be glorified and exalted, says (interpretation of the meaning): “Or have they partners with Allaah (false gods) who have instituted for them a religion which Allaah has not allowed…?” [al-Shoora 42:21] “Then We have put you (O Muhammad) on a plain way of (Our) commandment. So follow that, and follow not the desires of those who know not. Verily, they can avail you nothing against Allaah (if He wants to puish you). Verily, the zaalimoon (wrongdoers) are awliyaa’ (protectors, helpers, etc.) to one another, but Allaah is the Wali (Protector, Helper) of the muttaqoon (pious).” [alJaathiyah 45:18-19] “Follow what has been sent down unto you from your Lord, and follow not any awliyaa’ (protectors, helpers, etc.) besides Him. Little do you remember!” [al-A’raaf 7:3] According to saheeh reports, the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does something that is a not part of this matter of ours (i.e., Islam) will have it rejected” (reported by Muslim in his Saheeh); and “The best of speech is the Book of Allaah and the best of guidance is the guidance of Muhammad (peace and blessings of Allaah be upon him). The most evil of things are those which have been newly invented (in religion), and every innovation is a going astray.” There are many other ahaadeeth that convey the same meaning. Besides being bid’ah and having no basis in sharee’ah, these birthday celebrations also involve imitation of the 343
Basis for Jurisprudence and Islamic Rulings
Jews and Christians in their birthday celebrations. The Prophet (peace and blessings of Allaah be upon him) said, warning us against following their ways and traditions: “You would follow the ways of those who came before you step by step, to such an extent that if they were to enter a lizard’s hole, you would enter it too.” They said, “O Messenger of Allaah, (do you mean) the Jews and Christians?” He said, “Who else?” (Reported by alBukhaari and Muslim). The Prophet (peace and blessings of Allaah be upon him) also said: “Whoever imitates a people is one of them.”(/font> Fataawa Islamiyyah, 1/115 (www.islam-qa.com) 2237: Reading Soorat Yaa-Seen in congregation on Friday nights Question: Is it forbidden in Islam to read the Sura Yaseen on Friday nights in a congregational manner in the mosque? Answer: Praise be to Allaah. Reading the Qur’aan brings a great reward. Allaah will multiply the reward for every letter of every aayah in any soorah that is read, as the Prophet (peace and blessings of Allaah be upon him) said: “Whoever reads one letter of the Book of Allaah will have one hasanah (reward) for doing so, and every hasanah will be multiplied by 10. I do not say that ‘Alif, laam, meem’ is one letter, but ‘Alif’ is a letter, ‘laam’ is a letter and ‘meem’ is a letter.’” (Reported and classed as hasan by al-Tirmidhi, 2835). 344
Basis for Jurisprudence and Islamic Rulings
He (peace and blessings of Allaah be upon him) also said: “Read the Qur’aan, for it will come on the Day of Resurrection interceding for its companions (i.e., those who read it)…” (Reported by Muslim, 1337) This reward will only be for the one who reads it sincerely, following the Sunnah. But the one who innovates in his readings (whether it be in the way he reads, the position he adopts when reading, the number of times he reads or the times when he reads) will not earn the reward, rather his deeds will be rejected and thrown back at him, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever innovates something in this matter of ours (i.e., Islam) will have it rejected.” (Reported by Muslim, 3242). According to another report, he said: “Whoever does something that is not a part of this matter of ours, will have it rejected.” (Reported by Muslim, 3243) Because a specific time – Friday night – is being allocated and the reading is being done in congregation although no saheeh evidence to that effect has been reported from the Prophet (peace and blessings of Allaah be upon him), this action is bid’ah and is not prescribed or allowed by sharee’ah. It should therefore be avoided. We ask Allaah to guide us all to the truth and help us to follow the Sunnah. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 249: Mawlid al-Nabi (the Prophet’s birthday) Question: Why some people accept and some unaccept the celebration of the prophet ( )? What is your opinion?
345
Basis for Jurisprudence and Islamic Rulings
Answer: Praise be to Allaah. There is nothing in the Qur’aan to say that we should celebrate the Mawlid or birthday of the Prophet (peace and blessings of Allaah be upon him). The Prophet himself (peace and blessings of Allaah be upon him) did not do this or command anyone to do it, either during his lifetime or after his death. Indeed, he told them not to exaggerate about him as the Christians had exaggerated about Jesus (upon whom be peace). He said: “Do not exaggerate about me as the Christians exaggerated about the son of Maryam. I am only a slave, so say, ‘The slave of Allaah and His Messenger.’” (Reported by al-Bukhaari). What has been reported is that the Prophet (peace and blessings of Allaah be upon him) made the day of his birth a day of worship, which is different to celebration. He was asked about fasting on Mondays, and he said: “That is the day on which I was born and the day on which I was entrusted with the Mission or when I was first given Revelation.” (Reported by Muslim, al-Nisaa’i and Abu Dawood). Moreover, we know that the Sahaabah (may Allaah be pleased with them) were the people who loved the Prophet most. Was it reported that Abu Bakr, who was the closest of people to him and the one who loved him the most, celebrated the birthday of the Prophet (peace and blessings of Allaah be upon him)? Was it reported that ‘Umar, who ruled for twelve years, or ‘Uthmaan, did this? Was it reported that ‘Ali, his relative and foster son, did this? Was it reported that any of the Sahaabah did this? No, by Allaah! Is it because they were not aware of its importance, or did they not truly love the Prophet (peace and blessings of Allaah be upon him)? No one would say such a thing except one who has gone astray and is leading others astray. 346
Basis for Jurisprudence and Islamic Rulings
Did any of the imaams – Abu Haneefah, Maalik, alShaafi’i, Ahmad, al-Hasan al-Basri, Ibn Seereen – do this or command others to do it or say that it was good? By Allaah, no! It was not even mentioned during the first and best three centuries. The Prophet (peace and blessings of Allaah be upon him) said in a saheeh hadeeth: “The best of mankind are my generation (or my century), then those who come after them, then those who come after them. Then there will come a people who will not care if their testimony comes before their oath or vice versa (i.e., they will not take such matter seriously).” (Reported by al-Bukhaari, Muslim and al-Tirmidhi). The celebration of the Prophet’s birthday appeared many centuries later, when many of the features of true religion had vanished and bid’ah had become widespread. Thus this celebration became a sign of one’s love for the Prophet (peace and blessings of Allaah be upon him)? But can it be possible that the Sahaabah, the imaams and the people of the best three centuries were unaware of it, and it was only those who came later who were aware of its importance?! What the Qur’aan tells us is that love of the Prophet (peace and blessings of Allaah be upon him) is demonstrated by following the guidance he brought. Allaah says (interpretation of the meaning): “Say (O Muhammad): ‘If you (really) love Allaah, then follow me, Allah will love you and forgive you your sins. And Allaah is Oft-Forgiving, Most Merciful. Say: ‘Obey Allaah and the Messenger.’ But if they turn away, then Allaah does not like the disbelievers.” [Aal ‘Imraan 3:31-32] The first aayah explains that love is just a claim, but the proof of sincerity is following what the Prophet (peace and blessings of Allaah be upon him) brought. The second aayah reaffirms the importance and necessity of obeying 347
Basis for Jurisprudence and Islamic Rulings
Allaah and His Messenger. Hence Allaah ended the aayah with a very stern warning in which those who refuse to obey are described as kaafirs, and Allah does not love the disbelievers. We ask Allaah to keep us safe from that. The Prophet (peace and blessings of Allaah be upon him) told us of the danger of not obeying him, and the danger of adding to what he brought. The celebration of Mawlid or his birthday is indeed an addition to what he brought – as all the scholars agree. He said: “The best of speech is the Book of Allaah, and the best of guidance is the guidance of Muhammad. The most evil of things are those which are newly-invented (in religion), and every innovation is a going astray.” (Reported by Muslim and al-Nisaa’i). We ask Allaah to protect us from bid’ah and to bless us by helping us to follow. Allaah knows best. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 2209: Is saying “Sadaqa Allaahu al-‘Azeem ” after reciting from Qur’an bid’ah? Question: Is saying Sadaqaallahu Al Azim after reciting or quoting from the Qur’an an innovation, and if it is, how was it introduced? Answer: Praise be to Allaah.
348
Basis for Jurisprudence and Islamic Rulings
Many people have the habit of ending a recitation from the Qur’aan with the words “Sadaqa Allaahu al-‘Azeem (Almighty Allaah has spoken the truth),” but this has no basis in Islam because the Prophet (peace and blessings of Allaah be upon him) did not do it, nor was it the custom of the Sahaabah (may Allaah be pleased with them), and it was unknown among the Taabi’een (the generation after the Sahaabah). This custom arose in later times because some reciters would say these words, on the basis of the aayah: “Say: Allaah has spoken the truth” [Aal ‘Imraan 3:95 – interpretation of the meaning], and people liked this. But this istihsaan (being liked) should be rejected, because if this was really something good, the Prophet (peace and blessings of Allaah be upon him), the Sahaabah and the Taabi’een – the salaf or first and best generations of the ummah – would not have neglected to do it. The aayah “Say: Allaah has spoken the truth” (Aal ‘Imraan 3:95 – interpretation of the meaning) does not mean that these words should be said at the end of any reading or recitation. If that were the case, He would have said, “When you finish reading, say ‘Allaah has spoken the truth,’” just as He said (interpretation of the meaning): “So when you want to recite the Qur’aan, seek refuge with Allaah from Shaytaan (Satan), the outcast (the cursed one).” [al-Nahl 16:98] The aayah which the innovators use to support their practice of saying “Sadaqa Allaah” after reciting Qur’aan was actually revealed in the context of confirming what was said about how all food had been lawful to Bani Isra’eel except what Isra’eel had made unlawful for himself. Allaah said (interpretation of the meaning): “… Say (O Muhammad): ‘Bring here the Tawraat (Torah) and recite it, if you are truthful.’ Then, after that, whosoever shall invent a lie against Allaah, such shall indeed be the zaalimoon (disbelievers). Say (O 349
Basis for Jurisprudence and Islamic Rulings
Muhammad), ‘Allaah has spoken the truth; follow the religion of Ibraaheem (Islamic monotheism, i.e., he used to worship Allaah alone), and he was not of al-mushrikeen (polytheists).” [Aal ‘Imraan 3:93-95] If this aayah meant that these words should be said after reciting from the Qur’aan, the first one to know and do this would have been the Messenger of Allaah (peace and blessings of Allaah be upon him). Because this is not the case, we know that this is not what was meant. In conclusion, therefore, saying “Sadaqa Allaahu al‘Azeem” after reciting Qur’aan is an innovation, and the Muslim should not say it. But believing that Allaah has spoken the truth is obligatory, and whoever disbelieves or doubts the truth of what Allaah has said is a kaafir who is outside of the pale of Islam. We seek refuge with Allaah from that. If a person says “Allaah has spoken the truth” on certain occasions, such as when something He has foretold comes to pass, affirming the truth of what He has said, then this is permissible, because something similar has been reported in the Sunnah. The Prophet (peace and blessings of Allaah be upon him) was giving a speech, and al-Hasan and al-Husayn came along, so he came down from the minbar, picked them up and put them in from of him, then he said: “Indeed Allaah has spoken the truth: ‘Your wealth and your children are only a trial…’ [al-Taghaabun 64:15 – interpretation of the meaning].” (Izaalat al-sitaar ‘an al-jawaab al-mukhtaar by Ibn ‘Uthaymeen, 79-80). (www.islam-qa.com) 350
Basis for Jurisprudence and Islamic Rulings
864: Bid’ah Hasanah (“Good Innovations”) Question:
As Salaam Alaikum Wa Rahmat Allah wa Barakatu I have a question in the area of what is and isn’t Bidaa. Over and over again I hear people terming certain actions as Bidaa. I am however confused. Correct me if I am wrong, but isn’t there a hadith by Prophet Muhammed (SAW) that says that anyone who introduces a new helpful hadith will be rewarded. If this is true, then why are all new inovations frowned upon. Jazak Allah Khul Khayer. Answer: Praise be to Allaah. Firstly, we should know what “bid’ah” means according to Islamic teaching. It is defined as: any invented way in religion that is aimed at worshipping or drawing closer to Allaah. This means anything that is not referred to specifically in Sharee’ah, and for which there is no evidence (daleel) in the Qur’aan or Sunnah, and which was not known at the time of the Prophet (peace and blessings of Allaah be upon him) and his Companions. At the same time, it is quite obvious that this definition of religious inventions or innovations, which are condemned, does not include worldly inventions [such as cars and washing machines, etc. Translator]. If your confusion has to do with an apparent contradiction between the hadeeth narrated by Abu Hurayrah and the hadeeth narrated by Jareer ibn ‘Abdullaah, then let us examine these two reports and find out what they mean: 351
Basis for Jurisprudence and Islamic Rulings
Jareer ibn ‘Abdullaah al-Bajali (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Whoever starts a good thing and is followed by others, will have his own reward and a reward equal to that of those who follow him, without it detracting from their reward in any way. Whoever starts a bad thing and is followed by others, will bear the burden of his own sin and a burden equal to that of those who follow him, without it detracting from their burden in any way.’” (Reported by al-Tirmidhi, no. 2675. He said, This is a saheeh hasan hadeeth) There is a story behind this hadeeth, which will explain what “whoever starts a good thing” means. Imaam Muslim reported this story from Jareer ibn ‘Abdullaah, who also narrated the hadeeth itself. He said: “Some people from the Bedouin came to the Messenger of Allaah (peace and blessings of Allaah be upon him), wearing woollen garments. He saw that they were in bad shape and in desperate need, so he urged the people to give them charity. They people were very slow to respond, and it could be seen in his face (that he was upset). Then a man of the Ansaar brought a package of silver, then another came, and another and another, and his face was filled with joy. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Whoever starts a good thing in Islam, and others do likewise after him, there will be written for him a reward like that of those who followed him, without it detracting in the least from their reward. Whoever starts a bad thing in Islam, and others do likewise after him, there will be written for him a burden of sin like that of those who followed him, without it detracting in the least from their burden.’” (Reported by Muslim, no. 1017) Further explanation may be found in a report recorded by 352
Basis for Jurisprudence and Islamic Rulings
al-Nisaa’i, also from Jareer ibn ‘Abdullah, may Allaah be pleased with him, who said: “We were with the Messenger of Allaah (peace and blessings of Allaah be upon him) early one day, when some people who were almost naked (not dressed properly) and barefoot, with their swords by their sides, came to him. Most, if not all of them, were of (the tribe of) Mudar. The Messenger’s face changed when he saw how poor they were (i.e., he became upset). He went into (his house), then he came out and ordered Bilaal to give the call to prayer. He led the people in prayer, then he addressed them, saying: ‘O people, “be dutiful to your Lord, Who created you from a single person, and from him He created his wife, and from them both he created many men and women, and fear Allaah through Whom you demand your mutual (rights), and (do not cut the relations of) the wombs (kinship)” [al-Nisaa’ 4:1]. “Fear Allaah, and keep your duty to Him. And let every person look to what he has sent forth for the morrow…” [al-Hashr 59:18]. Let a man give charity from his dinars, his dirhams, his clothing, his wheat or his dates - even if it is only half a date.’ A man from the Ansaar brought a package which he could hardly carry in his hand, then another and another came, until there were two piles, of food and clothing, and I saw the face of the Messenger of Allaah (peace and blessings of Allaah be upon him) beaming with joy. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Whoever starts a good thing in Islam will have his own reward and a reward equal to that of those who follow him, without it detracting in the least from their reward, and whoever starts a bad thing in Islam will have to bear the burden of his own sin and a burden equal to that of those who followed him, without it detracting in the least from their burden. (Reported by al353
Basis for Jurisprudence and Islamic Rulings
Nisaa’i in al-Mujtaba: Kitaab al-Zakaat, Bab al-Tahreed ‘ala al-Sadaqah). From the context of the story, it is clear that what is meant by the words “whoever starts a good thing (sunnah hasanah) in Islam” means: Whoever revives a part of the Sunnah of the Prophet (peace and blessings of Allaah be upon him), or teaches it to others, or commands others to follow it, or acts according to it so that others see him or hear about it and follow his example. This is also indicated by the hadeeth narrated by Abu Hurayrah, may Allaah be pleased with him, who said: “A man came to the Prophet (peace and blessings of Allaah be upon him), and he urged the people to give him charity. A man said: ‘I have suchand-such,’ and there was no person left in the gathering who did not give something in charity to him, whether it was a large amount or a little. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Whoever starts something good, and others follow his lead, will have a complete reward and a reward like that of those who followed him, without it detracting in the least from their reward. Whoever starts something bad, and others follow his lead, will bear a complete burden of sin, and a burden like that of those who followed him, without it detracting in the least from their burden. (Reported by Ibn Maaajah in al-Sunan, no. 204) It should be clear from the above, with no room for doubt, that the Prophet (peace and blessings of Allaah be upon him) was not allowing innovation in matters of deen (religion), nor was he opening the door to what some people call “bid’ah hasanah,” for the following reasons: The Prophet (peace and blessings of Allaah be upon him) stated repeatedly that: “Every newly-invented thing is a bid’ah (innovation), every bid’ah is a going astray, and every going astray will be in the Fire.” (Reported by al354
Basis for Jurisprudence and Islamic Rulings
Nisaa’i in al-Sunan, Salaat al-’Eedayn, Baab kayfa alKhutbah). Reports with the same meaning were narrated via Jaabir (may Allaah be pleased with him) by Ahmad, via al-’Irbaad ibn Saariyah by Abu Dawud and via Ibn Mas’ood (may Allaah be pleased with him) by Ibn Maajah. The Prophet (peace and blessings of Allaah be upon him) used to say, when beginning a khutbah (sermon): “… The best of speech is the Book of Allaah and the best of guidance is the guidance of Muhammad. The worst of things are those which are newly-invented, and every innovation is a going astray…” (reported by Muslim, no. 867) If every bid’ah is a going astray, how can some people then say that there is such a thing in Islam as “bid’ah hasanah”? By Allaah, this is an obvious contradiction of the statement and warning of the Prophet (peace and blessings of Allaah be upon him). The Prophet (peace and blessings of Allaah be upon him) stated that whoever innovates something new in the deen (religion) will have his deed rejected, and Allaah will not accept it, as is stated in the hadeeth narrated by ‘Aa’ishah (may Allaah be pleased with her), who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Whoever innovates something in this matter of ours that is not a part of it will have it rejected.’” (Reported by al-Bukhaari, Fath al-Baari, no. 2697). How can anybody then say that bid’ah is acceptable and it is permitted to follow it? When a person innovates something and adds to the deen something that does not belong to it, he is implying a number of bad things, each worse than the last, for example:
355
Basis for Jurisprudence and Islamic Rulings
· That the religion is lacking, that Allaah did not complete and perfect it, and that there is room for improvement. This clearly contradicts the statement in the Qur’aan (interpretation of the meaning): “… This day, I have perfected your religion for you, completed My favour upon you, and have chosen for you Islam as your religion…” [al-Maa’idah 5:3] · That the religion remained imperfect from the time of the Prophet (peace and blessings of Allaah be upon him) until the time when this innovator came along and completed it with his own ideas. · That the Prophet (peace and blessings of Allaah be upon him) was “guilty” of either of two things: either he was ignorant of this “good innovation,” or he knew about it but concealed it, thus letting his ummah down by not conveying it. · That the Prophet (peace and blessings of Allaah be upon him), his Companions and the righteous salaf (early generations) missed out on the reward of this “good innovation” - until this innovator came along and earned it for himself, despite the fact that he should say to himself, “If it was truly good, they would have been the first to do it.” · Opening the door to bid’ah leads to changing the deen (religion) and opens the way for personal whims and opinions, because every innovator implies that what he is introducing is something good, so whose opinion are we supposed to follow, and which of them should we take as a leader? · Following bid’ah leads to the cancelling out of sunnah practices and the ways of the salaf. Real life bears witness that whenever a bid’ah is followed, a sunnah practice dies out; the reverse is also true. 356
Basis for Jurisprudence and Islamic Rulings
We ask Allaah to save us from the misguidance of personal whims and from all trials whether they are open or secret. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 205: There is no such thing as bid’ah hasanah in Islam Question: Bismillahir rahmaanir raheem, As salaamu ‘alaykum, I have read a number of refutations written by the ash’areeyah/soofiyah regarding the concept “bid’ah hasanah” - they justify this concept by the narration in Bukhaaree’s saheeh when the sahabi said “Rabbanaa lakal hamd hamdan katheeran tayyiban mubaarakan fih” when coming out of rukoo’ and rasulullah ( ) approved. They say Ibn Hajr was of this opinion and supported this view. Also they quote Ibn Hajr as condemning Ibn Taymiyyah as “a slave who is leading others astray.” Any comments on this? Answer: Praise be to Allaah, the Lord of the Worlds, and peace and blessings be upon his truthful Prophet. Firstly, how can there be any such thing as bid’ah hasanah (“good innovation”) when the Prophet (peace and blessings of Allaah be upon him) said: “Every bid’ah is a 357
Basis for Jurisprudence and Islamic Rulings
going astray and every going astray is in Hell-fire”. So, if anyone says that there is such a thing as bid’ah hasanah, he can only be insisting on going against the Messenger of Allaah (peace and blessings of Allaah be upon him). Secondly, saying “al-hamdu Lillaah… (praise be to Allaah…) when coming out of rukoo’ is a well-known phrase of dhikr which is proven in sound ahaadeeth reported from the Prophet (peace and blessings of Allaah be upon him). All that this Sahaabi did was to come up with a new phrase expressing praise to Allaah. How can this be used as evidence to support innovations in worship and dhikr that have no basis in the sources of Islam? Thirdly, what this Sahaabi did cannot be taken as evidence in and of itself. It was not even considered to have been a correct action until after the Prophet (peace and blessings of Allaah be upon him) had approved it, and not before. But how on earth could this innovator obtain the approval of the Prophet (peace and blessings of Allaah be upon him) after he has passed away?” Fourthly, if we accept the use of this report as evidence, it is still no more than an isolated incident which cannot be generalized, whereas the hadeeth “every bid’ah is a going astray” is clearly a general statement. It is a wellknown principle among the ‘ulamaa’ (scholars) that what is stated clearly takes precedence over what is merely implied. Fifthly, how can we know what is good or not with our limited minds alone and without the input of Revelation? Is there not the possibility of differences of opinion? What one person sees as good will be seen differently by another, so what would the standard be? Whose reasoning could we rely on or refer to? Would this not be confusion, even anarchy itself?
358
Basis for Jurisprudence and Islamic Rulings
Sixthly (which confirms the third point made above), when the Prophet (peace and blessings of Allaah be upon him) approved of an act of worship or a dhikr (remembrance of Allaah) on the part of one of his Sahaabah, it would thus become a part of sharee’ah and hence be regarded as a sunnah hasanah. But with the death of the Prophet (peace and blessings of Allaah be upon him) and the ceasing of Revelation, how can we know whether innovated acts of worship or dhikr are correct or would be approved? We have no way of knowing, so we should limit ourselves only to the forms of worship that have been narrated in sound reports. The great scholar al-Haafiz ibn Hijr (may Allaah have mercy on him) narrated many comments by Shaykh alIslam Ibn Taymiyah in Fath al-Baari; he agreed with some and disagreed with others. This is the business of the scholars: they discuss and debate with one another, with the aim of reaching the truth – which may lie with the one who is disagreeing or with the one whose opinion is being criticized. As for the unpleasant comment quoted in the question, from what we know of Ibn Hijr (may Allaah have mercy on him) and his good manners, fear of Allaah, awareness of the value of knowledge and respect for the scholars, we are sure that this comment is a fabrication. May Allaah forgive all the scholars and reward them for their efforts and concern. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 894: Red Dot on woman’s forehead Question: I am doing a project for school and I could you some
359
Basis for Jurisprudence and Islamic Rulings
help. Is the “red dot” on some women’s foreheads related to Islam and if so how?. Answer: Praise be to Allaah The red dot, which some women place on their foreheads specially in India, has nothing to do with Islam. It is an Indian custom, we were told, Hundos women ware the red dot to imply being married. We were also told that other peoples of India do imitate the Hundos. We ask Allaah to show the righteous path. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 485: Reciting verses of the Qur’aan a specific number of times and with a specific intention Question: Assalam o Alaikum I want to ask that , Is it right if somebody recite some Quranic aya for a specific purpose like for example If I read the one of the name of Allah for 99 times and after I make a Dua that May Allah fulfill my that wish. And its just begging from Allah with no shirk. Please answer me Jazakallah
360
Basis for Jurisprudence and Islamic Rulings
Answer: Allaah has said (interpretation of the meaning): “Unto Allaah belong the beautiful names. Pray to (and ask of) Him using them.” As part of the prayer to Allaah using His names, we call on him by saying, “O Merciful, have mercy on me; O Forgiver, forgive my sins; O Provider, provide for me,” etc. However, to read a specific verse a certain number of times (whether 99 times or whatever else) without any valid documented evidence is a bida’ah (an unacceptable act of innovation in religious practices) that is not permissible. Such acts invent a way to worship Allaah which was not revealed or taught by Islam. The Prophet (peace be upon him) said: “Whoever innovates in our religion a new act (of worship) then his act is rejected” (Sahih al-Bukhari, Fath al-Baari No. 2697.) The best guidance is that of the Prophet . There is no allowance for innovation in the religion of Allaah. Is it possible for us to discover new things in our religion that the Prophet didn’t know? Indeed, it is incumbent upon us to read the Koran in the way the Prophet read it, we need to pray in the way he prayed, and glorify Allaah’s name in the way the Prophet has been validly reported to have done. Only Allaah is the one who provides success, and He is the one who guides to the right path. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
361
Basis for Jurisprudence and Islamic Rulings
259: The number 786 means 786 and nothing more Question: Salam What does the number 786 mean. Please be detialed. I heard it does not mean Bimillah and I would like to know why not.. Salam Answer: The number 786 means 786 and nothing more! When Allah or His messenger want to teach us something, they do so in the clearest way, far from puzzles and mystery numbers. All the efforts made by some Muslims to count letters and relate them to numbers are nothing but a waste of time. Sometimes they do so with good intention to show that our deen is great. Indeed our deen is great, and not in need of such erroneous approaches. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)
362
Basis for Jurisprudence and Islamic Rulings
363
Basis for Jurisprudence and Islamic Rulings
364