Documente Academic
Documente Profesional
Documente Cultură
(Islamic Law)
Author:
Proof Reading:
Published by:
January 2013
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M M Azhar
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Bradford
West Yorkshire
BD4
7AB
United Kingdom
Ph: (+44) 07877263852
(Email: muhibullahazhar@gmail.com
Contents
Foreword
Pillars of Islam
Rulings pertaining Islamic Jurisprudence
1
4
5
8
9
11
13
14
15
17
20
23
24
25
35
35
41
45
47
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52
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56
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67
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72
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102
106
109
111
112
113
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115
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119
123
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131
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133
136
143
144
146
148
149
152
153
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154
155
156
157
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158
159
159
162
163
163
165
168
169
170
171
172
173
174
175
176
176
182
184
186
193
195
196
199
Sacrifice (Udhiyah)
Slaughtering
Hunting
Marriage (Nikah)
200
201
203
205
208
210
210
213
216
216
223
226
230
232
235
241
Authors Foreword
In the name of Allah, Most Compassionate, Ever-Merciful. All
praise be to Allah alone, Sustainer of all the worlds. May his
blessing, peace and mercy be upon the best of creation, His beloved
Messenger, our Master Hadrat Muhammad (
)
and upon
his noble family, respectful Companions, and all those who follow
him.
Literally, Shariah means the place where water is sourced or the
road or path to it. As water is indispensable to life, so also the
Shariah is necessary to enable man to live a fulfilled life. In its
technical sense, the Shariah is the code of conduct covering the
legal as well as other aspects of mans life which Allah revealed as
guidance to make man achieve felicity in this world and in the
hereafter.
The Shariah covers, all aspects of mans life. It regulates his
religious, moral, spiritual, social, economic, political and intellectual
activities. It provides guidelines on what to do in any aspect of life
such as when and how to pray, trade or sleep.
The word fiqh is an Arabic term meaning "deep understanding" or
"full comprehension". Technically it refers to the body of Islamic
law extracted from detailed Islamic sources (The Quran, The
Sunnah, Ijma, and Qiyas) and the process of gaining knowledge of
Islam through jurisprudence.
The Quran and Sunnah are the primary sources of Islamic
Law/Shariah while Ijma and Qiya s are also used as secondary
sources.
The Ijma, or consensus amongst Muslim jurists on a particular legal
issue, constitutes the third source of Islamic law. Qiyas or analogical
deduction is the fourth source of Shariah which aims to draw
analogies to a previously accepted decision.
So the relationship between Shariah and fiqh is that Fiqh is the
practical implementation of Shariah through its human
2
understanding. Fiqh deals with the observance of rituals, morals and
social legislation in Islam.
Fiqh can also be grouped as:
1. Worships (Ibadat)
2. Dealings & transactions (Muamalat)
There are four prominent schools (madh'hab) of fiqh and
the Hanafi School is the earliest established under the great jurist
Imam Abu Hanifah (may Allah have mercy on him), who was born
in (Kufah) Iraq.
In this book I have tried to cover all sections of Worship (Ibadat)
and some sections of Dealings and transactions (Mua mala t). I
hope this book will be beneficial for the students of Islamic Law and
for all in general.
A special thanks to Shaikh Tahir Mahmood Kiani whose advice and
guidance improved the quality of this book.
Finally, I would like to thank Brother Zulfiqar Ali Khan and Brother
Muhammad ibn Ali Shaqiri whose efforts enabled this book to be
published.
May Allah the Almighty accept this humble effort in his court and
grant us the best reward in this world and the hereafter. meen
To
Pillars of Islam
Islam is built upon five pillars which are as follows;
1. Ash-Shahadah
2.
3.
4.
5.
As-Salah
As-Sawm
Az-Zakah
Al-Hajj
Definitions:
1. Ash-Shahadah:
2. As-Salah:
3. As-Sawm:
4. Az-Zakah:
5. Al-Hajj:
6
Sunnah Ghair Muakkadah (Recommended Sunnah):
This is a recommended act in Islam. One who performs
it is rewarded, but one who omits is not punishable (e.g. four
rakahs before the obligatory rakahs of Asr and Isha prayers).
Mustahabb (Desirable Act):
This is a desirable act in Islam that if performed is
rewardworthy, but there is no objection to it if not performed
(e.g. voluntary fasting and prayers).
Har m (Strictly Forbidden):
This ruling is opposite to Fard and must be avoided. Its
prohibition is established by a definite testimony of the Holy
Quran and the Sunnah. One who rejects it is a disbeliever
(K a fir) and one who acts upon it is a major sinner (e.g.
gambling, fornication and drinking alcohol, etc.).
Makruh Tahreeman (Prohibitively Disliked):
This is opposite to Wa jib that also must be avoided.
One who rejects it is not a disbeliever (Kafir) but one who acts
upon it is a major sinner (e.g. to offer Salah when one has a
strong urge to go to the toilet).
Is ah (Disapproved Act):
This ruling is opposite to Sunnah Muakkadah, and Islamic
Shariah law disapproves of it. One who acts upon it regularly
is a major sinner (e.g. to omit five times Adhan, etc.).
Makruh Tanzihan (Somewhat Disliked):
This ruling is opposite to Sunnah Ghair Muakkadah
and it is mildly disliked. To omit it is rewardworthy but to
7
perform it is not punishable either (e.g. to repeat the same
Surah in every rakah of prayer, etc.).
Khil f al-Awla/Afdal (Undesirable):
This ruling is opposite to Mustahab. It is something
that is unwanted in the Shariah. It is best to avoid it whereas
its performance is not punishable (e.g. to not suppress yawning
or coughing during Salah).
Mub h (Permissible):
Any action for which one earns no reward is Mubah.
This is merely a permitted act in Islam. Its performance and its
abandonment are alike (e.g. eating food, sleeping, etc.). Such
act is rewardworthy if a person intended good by it.
Comparison Chart
Fard
W jib
Sunnah Muakkadah
Sunnah Ghair Muakkadah
Mustahabb
Mub h
Har m
Makruh Tahriman
Isaah
Makruh Tanzihan
Khilaf al-Aula
The Chapter of
Purification
9
Purification is part of faith. Nobody can remain pure until he
knows all that which makes him impure. That is why we begin
to learn first of all about filth and impurity.
Najasah (Impurity)
Najasah means filth or impurity. It is of two types:
1. Naj a sah Haqiqiyyah (Real or True Impurity) it is
visible, such as urine, stools and blood, etc.
2. Naja sah Hukmiyyah (Legally Ruled Impurity) It is
invisible, such as breaking wind, etc.
Again, Najasah Haqiqiyyah is of two further types:
1. Najasah Ghalizah (strong impurity)
2. Najasah Khafifah (light impurity)
Najasah Hukmiyyah is also of two types:
1. Hadath Asghar (Light Invisible Impurity) It requires
Wudu (ablution)
2. Hadath Akbar (Strong Invisible Impurity) It requires
Ghusl (bathing)
Najasah Ghalizah
Strong impurity (Najasah Ghalizah) includes as the following:
1.
2.
3.
4.
10
5. Vomit (a mouthful)
6. Blood of menstruation and lochia (Haidh and Nifas)
7. Voluntary or involuntary seminal discharge (Madhi,
Mani and Wadi)
8. The urine and stool of humans
9. Excretion and saliva of unlawful (Haram) animals
10. All parts of pigs
11. The dung of lawfully edible animals
12. Droppings of a hen, duck, swan or goose
13. All intoxicating drugs
The Jurisdiction (Hukm) of Naj sah Ghalizah
The jurisdiction (Hukm) of Najasah Ghalizah is as follows:
Visible impurity is purified by removing the filth itself
even if this is achieved by washing it once. If its
removal is difficult, there is no harm if some trace
remains such as colour or smell.
If Najasah Ghalizah is more than the size of a dirham
(i.e. the size of 2 coin) on the body or clothing, then
cleaning it is obligatory (fard). If someone offers Salah
without cleaning it, the Salah will not be valid and will
have to be repeated, if he performed prayer with it
intentionally, he would be sinful.
Moreover, if
someone did so by believing it to be unimportant, then
it is an act of Kufr (disbelief).
If the Najasah Ghalizah is equal to the size of a dirham
then cleaning it is wajib (essential). If someone offers
Salah without cleaning it, then it is essential to repeat
the Salah, and if he did so intentionally, he is a sinner.
If the size of the Najasah Ghalizah is less than the size
of a dirham, then it is Sunnah to clean it. If someone
offers Salah with this amount of impurity, it is valid but
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against the Sunnah. Repeating of the Sal a h is not
essential but better to do so.
Note: The amount of Najasah Ghalizah:
Solid filth (stools, dung, etc.):
Liquid filth (urine, blood, etc.):
1 Dirham = 4.3g
1 Dirham = 2.8cm
Najasah Khafifah
Light Impurity (Najasah Khafifah) includes:
The urine of a horse
The urine of lawfully edible animals (e.g. cow, sheep,
goat, etc.)
The droppings of the birds those are not lawfully edible
(e.g. eagle, hawk, falcon, etc.)
Note: The droppings of Halal birds that fly high is excused.
(e.g. pigeon, sparrow, etc.)
Jurisdiction:
12
3. Impurity is purified from the body and clothes with
water or any liquid that removes impurity, such as
vinegar and rose water.
4. Footgear and the like are purified by rubbing them on
the ground or earth provided the impurity is in a solid
state, even if it is moist.
5. Swords and the like (i.e. metal objects, etc.) are purified
by wiping them.
6. When the traces of impurity disappear from the ground,
and the ground becomes dry, prayer is permitted on that
very ground. However, Tayammum is not permitted
from it.
7. Likewise, what is upon the earth such as trees (i.e.
plants, etc.) and standing grass become pure from
impurity upon drying.
8. Impurity is becomes pure when its essence or substance
transforms into something else at the molecular level,
such as a pig becoming salt, dust or soap or fire being
turned into ash, and wine turned into vinegar, etc.
9. Sperm which has become dry is purified by scratching
it off the clothes orthe body, and wet sperm is purified
by washing.
10. If the Najasah Ghalizah is a liquid and on a squeezable
item, it mustbe washed and squeezed with full strength
to the last drop. This should be repeated three times.
At the start of each wash, the hands mustbe washed.
11. If the impurity is on non-squeezable surface, the surface
must be washed and left until it stops dripping. This
must also be repeated three times.
12. If the impurity is a solid then the condition of counting
does not apply; the impurity must be removed entirely
until the discoloration and the odour of the impurity is
removed completely. If the impurity vanishes before
the third wash, then it is Mustahabb to wash it three
times.
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13. If the impurity is on a surface that is non-absorbent, it is
not necessary to wait for a complete drainage of the
liquid from it.
14
15
It also applies to her when she has not experienced any of he
above but has reached 15 years of age, or the signs of puberty
or physical maturity become apparent in her.
In the Shari'ah, to become young means to attain puberty. No
female becomes young before 9 years of age. If she starts
menses bleeding before the age of 9 she cannot be taken as
young because the blood which comes before the age of nine is
not menses but 'Istihada'.
Nif s (Postnatal Bleeding/Lochia):
The blood that is discharged after
childbirth is called Nifa s. It has no minimum period but a
maximum period of 40 days and 40 nights. If bleeding stops
before 40 days, the woman must take a bath and start
performing Salah (prayer) and Saum (fasting).
Istih dah (Chronic Vaginal Discharge):
Istiha da (chronic vaginal discharge) is legally
treated like a nosebleed, and any bleeding other than Haid or
Nifas is called Istihadah.
Isteha dah is the discharge of blood that stops in less than 3
days or in excess of ten days of menstrual bleeding. Equally,
the excess blood after 40 days of postnatal bleeding is regarded
as Istihadah.
Such a woman should offer prayer (Salah) and observe fasting
(Saum). One suffering from chronic vaginal discharge is
required to perform Wudu at the time of each obligatory
prayer. With this Wudu one may pray whatever she desires of
the obligatory or voluntary prayers (even if during the prayer
she is bleeding). No compensatory prayer is necessary in such
a case.Sexual intercourse with such a woman is allowed.
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Istiha dahis similar in legal terms like the commands for the
disabled and the excused.
Forbidden Actions during Haid & Nif s:
1. During Haid and Nifas it is forbidden (Haram) to recite
the Holy Quran, whether off memory or by viewing.
2. To touch, write or wear the verses of the Holy Quran.
3. To pass through a mosque or to perform
circumambulation (Tawaf).
4. Prayer and fasting. Such a woman is exempted from
fasting, that should be made uplater.
5. If a woman gives lessons of the Holy Qur'an to others,
then (in such a condition) she can only teach them the
spellings of words; she should break the breath after a
word or two and teach fluency in parts.
6. If Haid or Nifas start during fasting, the fast will break;
it must be performed later.
7. The coins or saucer of amulet having verses of the Holy
Qur'an written on it should also not be touched.
8. Sexual intercourse.
9. Sexual enjoyment of the area beneath the naval to the
bottom of her knees.
10. If, however, the bleeding ceases in less than 10 days for
menstrual periods or under 40 days for postnatal
bleeding, sexual intercourse is not permitted even if she
completes her regular days. This is unless;
she performs the major bath, or
if she is unable to perform the major bath, then she
is to perform Tayammum and pray (even if it is a
voluntary prayer) or
until a prayer becomes due upon her. This occurs
when the blood stops with her regular periods and
she has sufficient time to perform the major bath
and begin the prayer by saying Allahu Akbar,
instead, she does not perform the bath, nor does she
17
perform Tayammum until the time of the prayer
ends.
Lawful Actions
1. To recite Kalimah (Remembrance of Allah) or Darood
(Blessings on the Holy Prophet (blessing and peace be
upon him) or to call out the name of Allah or to recite
'Istighfar' or Incantation (Wazifah) for instance:
Laa hawla wa laa quwwata illaa biLlahil-Aliyy'lAzim is not prohibited but desirable.
2. If bleeding ceases (after 10 days for the menstrual
period and at 40 days for postnatal bleeding) then it is
permissible for the female to have sexual intercourse
without having performed the prescribed bath.
Istinja
(Cleaning after Relieving Oneself)
After urination, a person must ensure that no drops of urine
remain in the urethra and his mind is satisfied on that. This is
achieved through ones regular habits, such as walking,
coughing, or leaning on ones side. (A woman is not required
to do this; she is to wait a short period of time).
It is not permissible to begin Wudu until one is satisfied that
the flow of urine has stopped.
The Ruling of Istinj :
1. If the filth that exits from the private part has not
moved beyond the boundary of the outlet, then it is
Sunnah to clean that area.
2. If the filth moves beyond the boundary of its outlet and
is equal to or less than the size of a dirham, it is
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3.
4.
5.
6.
7.
8.
19
5. One is to perform the cleaning in a thorough manner
until the foul smell is gone and is to thoroughly relax
the buttocks, though this relaxation of the buttocks is
performed if one is not fasting.
6. When one finishes cleaning the soiled area with water,
the hand is to be washed for the second time and the
buttocks are to be dried before standing if the person is
fasting.
7. It is not permitted to expose the private area when
performing Istinja.
For women:
8. A female should start the wiping from the front to the
back for fear of defiling her vagina.
9. The female is to raise her ring finger along with her
middle fingers concurrently at the start of Istinja for
fear of becoming sexually aroused.
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2. One is to sit leaning upon his left side and is not to talk
without necessity.
3. It is prohibitively disliked (Makruh Tahriman) to face
the Qiblah or have ones back to the Qiblah, even if the
toilet is within a building.
4. To face the sun or moon directly.
5. To face a blowing wind (because the filth is likely to be
blown back onto ones body).
6. To urinate or defecate in water.
7. To urinate or defecate in a place of shade.
8. To urinate or defecate in a hole or on a road.
9. To relieve oneself under a fruit tree.
10. To urinate standing unless there is a reason.
11. One is to exit the lavatory with the right leg and say;
All praise be to Allah, the one who has repelled harm
from me and protected me.
21
2. Tahir, Mutahhir, Makruh. (Pure, Purifier, but Disliked)
This is the small amount of water from which a cat or
similar animal has drunk. It is disliked to use it (a small
quantity of water is considered as less than ten by ten
arm lengths; from the tips of the fingers to the elbow.
This approximates 216 litres).
3. Tahir, Ghair Mutahhir. (Pure but not Purifier) and this
is the water which has been used to get rid of Hadath.
For example, to do Wudu while you have already valid
Wudu.
4. Impure water. (Najis water) this is a small quantity of
still water into which an impurity has fallen. The water
is deemed impure even if no trace of the filth appears
therein. If however an impurity falls into running water
and the signs of filth appear in it, then it is deemed
impure (the signs of filth are in the taste, colour or
smell).
5. Doubtful water. (M a Mashkook/Water over which
there is a doubt) this is a small amount of water from
which a donkey or a mule has drunk.
Types of Water in Quantity:
Due to the quantity of water, there are two types:
1. Ma Qaleel, (small amount of water) which is in the
reservoir/pond that is smaller than 10x10 metres (arm
length. This approximates 216 litres). If any filth falls
into it, it will become impure (Najis), even if any on the
qualities (i.e. colour, smell, and taste) of the water do
not change.
2. Ma Kaseer, the water which is in the reservoir/pond
that is bigger than 10x10 metres or the water is flowing.
If any filth falls into such type of water and changes one
of its three qualities then this water will become impure.
Note:
22
Naja sah is removed from a cloth or body by water or any
lawful liquid that removes Naja sah, such as vinegar or rose
water.
23
24
25
with the falling of a mule, donkey, and predatory bird
into the well, provided they exit the water alive.
9. If the saliva of the animal touches the water, then the
water is judged according to the animal (lawful or
unlawful to eat).
10. If there is a dead animal in the water and no one knows
how long it has been there, it renders the water impure
for one day and one night.
11. If the animal is bloated, then the water is ruled impure
for 3 days and 3 nights if no one knows when the
animal fell in.
Purification (Taharah)
Legally, purification refers to the removal of filth from ones
body, garments, and place of prayer, as well as the removal of
ones state of ritual impurity, thereby rendering the person in a
state of ritual purity.
Wudu (Ablution) literally means preparing yourself for prayer
by cleaning yourself. Wudu is the basic condition of worship
in Islam.
Categories of Wudu
Wudu is divided into 3 types;
Fard, W jib, and Mustahabb
1) Fard
a. Obligatory upon one in a state of minor impurity
who wishes to pray even if the prayer is voluntary
or a funeral prayer
b. For the prostration of recital (sajdat at-tilawat)
26
c. For one who wishes to touch the Quran, even if it
is only one verse
2) W jib
For the Tawaf of the Kabah
3) Mustahabb
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
27
v.
w.
x.
y.
Procedure of Wudu
Wudu is the basic condition of worship. It should be made
properly and carefully. The procedure of Wudu is as follows:
1.
2.
3.
4.
5.
28
14. Wash both feet up to and including the ankles 3 times.
15. Perform the Khilal of the toes withthe little finger of
the left hand.
16. Read the Kalimah Shahadah facing towards the Qiblah.
Sanity
(al-Aql)
Maturity
(al-Buloogh)
Islam
(Being Muslim)
The ability to use a sufficient amount of water to wash
the required limbs at least once
5. Being in a state of minor ritual impurity (Hadath
Asghar)
6. The absence of menstrual periods and postnatal
bleeding (Haidh & Nifas)
7. When there is adequate time left for the obligatory
prayer
29
30
8. Substances such as insect droppings, the dung of fleas
and the likeof that do not prevent water from reaching
the skin
9. If one is wearing a tight ring, it is necessary to move ir
around the finger during Wudu so that water can reach
underneath it
10. If the washing of wounds on ones feet would cause
harm or pain, it is permitted to pass water over the
medicine that is applied to the wound
11. One is not required to repeat the wiping on the location
of the hair after it has been shaved
12. One is also not required to repeat the washing after the
cutting of nails or moustache.
31
11. Khil a l (combing) of the beard (to pass the fingers
through the bottom of a large beard with water on the
palm of the hand).
12. Washing each part 3 times.
13. Wiping (Mash) of the whole head once.
14. To wipe the ears, even if it is with the water used for
the head.
15. To wipe the neck, not the throat
16. To rub limbs (that are washed in Wudu) with water.
17. Performing Wudu in order.
18. Performing Wudu without pause.
Mustahabbat of Wudu
The following acts are Mustahabb (desirable) in Wudu:
1.
2.
3.
4.
5.
6.
7.
8.
32
Makruhat of Wudu
The following acts are Makruh (disliked) in Wudu:
1.
2.
3.
4.
5.
6.
33
11. To specify a place for himself.
12. To put the water into the mouth or nostril with the left
hand.
13. To seek assistance from anybody else without a genuine
reason.
14. To do Mash 3 times with fresh water.
Nawaqid of Wudu
(Nullifications of Wudu)
The following invalidate the Wudu:
1. Everything which exits from both private parts (front &
back) except the air which comes out from the front
passage of a female.
2. To give birth to a child, even without bleeding.
3. Every kind of filth that comes out of the body in
addition to the private parts (blood, pus etc.).
4. Vomiting a mouthful of food, water, blood clots or bile
(the definition of a mouthful is that the mouth cannot be
shut except with difficulty).
5. The blood which is greater in quantity than the saliva
which comes out of the mouth.
6. To sleep in such a position that ones buttocks are not
firmly set on the ground.
7. The elevation of ones buttocks from the floor whilst he
is sleeping and before he becomes aware, even if he
does not fall over.
8. To lose consciousness (fainting).
9. Temporary insanity.
10. Intoxication and drunkenness.
11. Laughing aloud in Prayer that includes Ruku and
Sajdah, even if he intentionally laughs in order to leave
the prayer.
34
12. To rub the female sex orgon with the erected male sex
orgon without a cover between them.
35
Ghusl (Bathing)
Worship in impurity is not permitted. Allah the Exalted says in
the Holy Quran; O you who believe! Do not go near prayer
(Sal h) when you are major ritually impure (junub) until you
have washed yourselves. (4:43)
O you who believe! When you stand up for prayer (Sal h), if
you are major ritually impure (junub), then purify (yourselves).
(5:6)
36
2. Sunnah
3. Mustahabb
W jib Ghusl:
ajib Bath
37
5. At the completion of postnatal bleeding: the blood that
is dischargedafter the birth of a child usually continues
for forty days. When the bleeding stops, it is obligatory
for the woman to have a bath.
6. If a person finds the presence of wetness after regaining
consciousness or after recovering from intoxication and
believes it to be sperm, then he is required to undertake
the major bath.
7. If a person after awaking finds the presence of thin
liquid (and cannot remember a dream), the major bath
is obligatory provided his penis was not erect before
sleeping.
8. If the aforementioned things occurred (to a nonMuslum) prior to becoming a Muslim.
9. To bathe a deceased Muslim is a communal obligation
(Fard Kifayah). If no one performs this task, then the
sin falls upon the entire community.
Note: If semen is discharged with or without urine either
because of illness or weakness, it does not make the Ghusl
obligatory.
38
3. If one has a sexual dream but finds no wetness upon
awaking.
4. Giving birth without visible blood.
5. If a man inserts his sex orgon in a womans sex orgon,
but there is a cloth that prevents the feeling of sexual
pleasure.
6. Inserting medicine in the anus.
7. Inserting a finger or something like it into the vagina or
anus.
8. Having sexual intercourse with an animal or deceased
woman without discharging sperm.
9. If a male penetrates a virgin, though he does not break
her hymen and does not discharge sperm (because her
virginity remains intact).
39
7. To wash the skin underneath the beard, moustache and
eyebrows.
8. To wash the immediate inner part of the outer lips of
the female sex orgon.
Sunnah Acts:
The following acts are Sunnah during W a jib
Ghusl:
1. Intention to become purified.
2. To start bathing by uttering Bismillah (before removing
the clothes).
3. To wash both hands including the wrists, three times.
4. To wash away any impurity if it is isolated on the body.
5. To wash the sexual organs.
6. To perform Wudulike the Wudu one makes for prayer.
7. To pour water on the entire body three times.
8. To begin the process of washing by pouring water over
the head, followed by the right shoulder, then the left
shoulder.
9. To rub the whole body with hands and to wash
successively.
10. To perform Ghusl in privacy.
11. To face away from Qiblah.
12. To remain silent during Ghusl.
13. To delay the washing of the feet if one is bathing in a
place where the water gathers and rises.
14. To perform Ghusl seated (for women).
Unlawful Actions in the State of Jan bah:
Five things are forbidden in a state of major impurity and they
are:
1. Prayer (obligatory or voluntary)
2. To recite a verse from the Holy Quran
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3. To touch, write or wear the Quran unless it be with a
covering
4. To enter a mosque
5. To circumambulate the Kabah
The Etiquettes and Disliked Actions of Ghusl:
41
8. Before entering Makkah.
9. Before starting Tawaf.
10. Before entering Madinah.
11. Before pelting Jamarat.
12. After giving Ghusl to a dead body.
13. On the night of Baraet. (middle night of Shaban)
14. On the night of Qadr (the odd nights in the last 10 days
of Ramadhan).
15. Before attending any religious gathering.
16. After regaining consciousness.
17. After the effects of intoxication.
18. After repenting for your sin.
19. Before wearing a new dress.
20. When the blood of Istihadah stops.
21. Before Salat al-Kusoof (Solar eclipse), Khusoof (Lunar
eclipse), Khawf (Fear of Enemy), and Istisq a (for
raining).
22. Before performing Sal a h to get rid of Storm and
Darkness.
23. When unknowingly having impurity on the body.
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1. When one who cannot find water whilst travelling,
2. When one is outside of inhabited land with
approximately one mile or more between him and
water,
3. When one who can find water, but is sick, and is afraid
that if he uses the water, his sickness will intensify,
4. If one in state of Janabah fears that if he makes ghusl
with the water, the cold will kill him or make him ill; in
these entire cases one may perform Tayammum with
the surface of the earth.
5. Tayammum is permissible for a healthy person in a
settled area if a funeral is present, and the
executor/guardian is other than himself, such that he
fears that if he occupies himself with purification then
the Sal a h will elude him. So he may perform
Tayammum and pray.
6. Similarly, one who is present at Eid, and fears that if he
occupies himself with purification, the Salah of one of
the two Eids will elude him; he may perform
Tayammum and pray.
If one who attends Jumuah fears that if he occupies
himself with purification, he will miss the Salah of
Jumu`ah, he should not perform Tayammum but make
Wudu and then if he is in time for Jumuah, he prays it,
otherwise he will pray Zuhr as four rakahs.
Similarly, if the time is tight, and one fears that the time
will lapseif he makes Wudu, , he should not perform
Tayammum but he perform Wudu and pray the
missed prayer.
It is recommended for one who does not find water, but
is hopeful of finding it at the end of the time, to delay
the prayer to the last part of the time. Then, if he finds
water, he performs Wudu with it and prays, otherwise
he should perform Tayammum and pray.
43
7. It is not obligatory upon the traveler, if he is not
inclined to believe that there is water close to him, to
seek water. But, if he is inclined to believe that there is
water, it is not permissible for him to perform
Tayammum until he has searched for it.
8. If his companion has water, he should demand it from
him before performing Tayammum. If it is denied to
him, he may perform Tayammum and pray.
Conditions that Validate Tayammum:
There are eight conditions that one must fulfil:
1. The intention and the time for the intention, when one
places his hands upon the substance he intends to make
Tayammum with.
2. One must have a valid reason such as being separated
the distance of one mile from water even though he is
in the city, or he fears illness or fear of the enemy etc.
3. Tayammum should be from a pure earth substance,
such as dust, stone or sand.
4. To completely wipe the parts required.
5. To wipe with the entire hand or the majority of it.
6. It must be with two strikes with the inside of the palms
over the soil, even if the two strikes are from the same
place.
7. The things that are incompatible with Tayammum must
cease before proceeding, such as menstrual periods,
postnatal bleeding or minor impurity.
8. To remove obstacles that prevents the wiping of the
skin, such as wax or fatty grease from the skin.
Method of Tayammum:
Strike both open hands with the palms twice lightly on
pure earth, sand or stone.
44
Shake the hands off and wipe the face with them once
in the same way as done in the ablution.
Strike the hands again and wipe the right arm to the
elbow with the left hand followed bythe left arm to the
elbow with the right hand.
Its Materials:
Tayammum is permissible with anything which is of the
category of earth, such as dust, sand, stone, gypsum, lime,
antimony and arsenic.
Its Invalidators:
1. Tayammum is invalidated by everything that
invalidates Wudu.
2. It is invalidated also by seeing water, if one is capable
of using it.
If a traveler forgot water in his bags, and so made
Tayammum and prayed, and then remembered the
water during the time, he will not need perform Wudu
and then repeat the Salah.
3. One may pray with his Tayammum whatever he wishes
of obligatory and optional prayers.
Obligatory Acts in Tayammum:
The following acts are obligatory (Fard) in Tayammum:
1. Intention of Tayammum.
2. Striking both hands on clean earth and rubbing them
over the face.
3. Striking hands on clean earth again and rubbing them
over both arms.
SunnahActs of Tayammum:
45
The Sunnah acts of Tayammum are seven:
1. To utter Tasmiyah at the start.
2. To perform the actions in chronological order.
3. To perform the actions of Tayammum successively.
4. To rub the hands back and forth in the soil.
5. To shake off dust from the hands after rubbing.
6. The fingers are to be open.
7. Spread from one another.
46
5. One must be able to walk in them. It is not permissible
for one to wipe over footgear that have been made from
glass, wood or steel.
6. They must prevent water from reaching the skin.
7. The front part of the foot must be physically present,
the length being equivalent to that of three of the
smallest fingers of the hand. If one is missing the front
part of his foot, he cannot wipe his khuf even if the heel
is present.
The Duration of Wiping:
If one is resident, one may wipe a day and a night. If
one is a traveler, one may wipe three days and
nights. The start of the time limits is after the first
hadath.
One who began wiping while resident, and then
travelled before the end of a day and a night, may wipe
three days and nights. One who began wiping while
travelling, and then took up residence, then if he had
wiped a day and a night or more, he is required to
remove his khuffs and wash his feet. If he had wiped
for less than a day and a night, he may complete his
wiping until one day and night have passed completely.
That Which is Permitted to Wipe on:
1. It is not permissible to wipe on a khuff containing a big
tear from which is visible the extent of three toes, but if
the tear is less than that then it is permissible.
2. One who wears jurmuq (like ankle socks) over his
khuffs may wipe over them.
3. Wiping on turbans, caps, scarves or gloves is not
permissible.
47
Its Manner:
Wiping on the khuffs is on their outside, in lines with the
fingers, starting from the tips of the toes and continuing to the
shin. The obligatory part of that is the extent of three of the
smallest fingers of the hand.
Its Invalidators:
The wiping is invalidated by:
1. That which invalidates Wudu, as well as
2. Removing the khuff, and
3. When the majority of one of the feet becomes wet with
water
4. Expiry of the time limit.
Poins 2-4 require only the washing of the feet, not Wudu.
48
7. It is not necessary to repeat the wiping after changing it
to a new bandage.
8. If ones eye is infected and the physician orders him not
to wash it, or one has broken his nail and has applied
medicine upon the injury,an aid or the skin of an animal
for healing, and the removal of which is harmful,
then it is permissible to wipe over the medicine,
or it is permitted to omit the wiping.
9. One is not required to form an intention for wiping on
the splint, footgear and head.
49
The Chapter of
Prayer
50
Obligation of Prayer:
There are three conditions that obligate prayer and they are:
1. Islam
2. Maturity
3. Sanity
(So a disbeliever, a child and an insane are not obliged
to offer prayer)
A Muslim is to encourage his children to perform the prayer
from the age of seven, and to be strict with them if they neglect
the prayer from the age of ten.
The reasons that obligate the five daily prayers are their times.
It is essential to perform prayer at the beginning of the
allocated prayer time.
51
4. Maghrib: The beginning of the time for Maghrib is
when the sun has set. The end of its time is as long as
the twilight has not disappeared. The twilight is the
whiteness on the horizon after the redness.
5. Isha: The beginning of the time for Isha is when the
twilight has disappeared. The end of its time is as long
as the second dawn has not yet risen.
6. Witr: The beginning of the time for Witr is after
Isha. The end of its time is as long as the second dawn
has not risen. The Witr prayer is not to be performed
before the Isha prayer due the sequential order, which
is Wajib.
Note: One is not to gather two obligatory prayers in one
prayer time even with an excuse such as travel or rain unless it
is at Arafah for Hajj with the condition that one performs the
prayer with the main Imam and in the state of ihr m.
Therefore, the pilgrim is to gather the Zuhr and Asr prayer at
Zuhr time.
The pilgrims also gather the Maghrib and Isha prayer in
Muzdalifah at the time of Isha prayer. The Maghrib prayer
cannot be performed on the way to Muzdalifah.
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For one who is accustomed to praying during the night, it is
recommended to delay Witr to the end of the night. If one is
not certain of waking up at that time, he should perform Witr
before sleeping.
53
6. During any Khutbah.
7. On Eid days until the Eid Salah is performed.
8. At Arafat between Zuhr and Asr and also after-wards.
9. At Muzdalifah between Maghrib and Isha.
10. When there is only time to offer the Fard.
11. When a person is very hungry and the food is present.
12. When there is a strong urge to go to the toilet.
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3. When one reaches Sal h and Fal h, he turns his face
right and left.
4. One makes Adhan and Iqamah for missed prayers. If
hemissed more than one prayer, he makes Adhan and
Iq a mah for the first, and for the remainder has the
choice:
if one wishes, he makes Adhan and Iqamah,
or, if hewishes, hesuffices with the Iqamah.
5. It is appropriate that he calls Adhan in a state of purity,
but if he makes Adhan without purity, it is valid. It is
disapproved to make Iq a mah without Wudu, or to
make Adhan while in Janabah.
6. One does not call Adhan for a prayer before its time has
entered.
Its Mustahabb t:
1.
2.
3.
4.
5.
55
56
57
6. Forbidding Takbir (Takbir Tahrimah)
Rakat of Salah
Name
Fajr
Zuhr
Asr
Maghrib
Isha
Jumuah
Nafl
Witr Nafl
......
......
......
......
......
......
......
......
......
......
.....
......
......
2
Sunnah
......
58
4.
5.
6.
7.
59
7. Tranquility and calmness in each position (ruku,
standing after it, sujud, sitting between the two sajdahs).
8. To perform the second prostration in every rakah before
switching to another action of Salah.
9. The middle sitting (Qadah Ula).
10. Recitation of the tashahhud in the every sitting.
The recitation made during the tashahhud position is:Attahiyyatu lillahi was-salawatuwat-tayyibatu, as-salamu
alayka
ayyuhan-nabiyyu
wa-rahmatullahi
wabarakatuh, as-salamu alayna wa-ala ibadillahissalihin. Ash-hadu an-la ilaha illallahu wa-ash-hadu
anna muhammadan abduhu wa-rasuluh.
11. Standing up for the third rak`ah without any delay after
the tashahhud.
12. The word of salam and not alaykum.
13. Vocalising the vocal rakahs for the Imam, and subduing
the subdued (quiet) ones for all.
If one is Imam, he vocalizes the recitation in Fajr, and
the first two rakahs of Maghrib and Isha, the Friday
prayer, the Eid prayer, the Tarawih prayer and the Witr
prayer in Ramadhan and he subdues that which is after
the first two rakahs.
If one is alone, he has the choice: if he wishes, he may
recite aloud where the Imam would, making his voice
audible to himself, or if he wills, he may subdue his
voice in all the recitation.
The Imam subdues the recitation in every rakah of
Zuhr and Asr.
14. The qunut of Witr.
15. The takbirs of the two Eids.
16. To specify the words Allahu Akbar for the start of all
prayers, and not only for the prayer of Eid.
17. Sequence in case of inattentiveness (Everything beyond
this is Sunnah).
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Note: If any Wajib act is not performed, it is obligatory to
perform Sajdah Sahw (Prostration for Mistake). If Sajdah
Sahw is not performed, the whole Salah will be repeated.
61
12. To stand upright at the time of the opening Takbir
without lowering the head.
13. It is Sunnah for the Imam to say the opening Takbir
aloud as well as the Tasmi (Sami Allahu liman
hamidah).
14. To spread the feet the distance equal to four fingers
when standing.
15. In the Fajr prayer, the Surah that follows the Fatihah is
to be from the lengthy part of the mufassal section.
(Mufassal refers to the short Surahs of the Quran
which have many breaks between them, in which the
Basmalah Bismillah al-Rahmaan al-Raheem appears.
They are called mufassal (divided) because a lot of
breaks appear in them. Last seven sections of the
Quran that begin from Surat al-Hujurat to Surah anNa s are called Mufassal and its lengthy part is from
Surat al-Hujurat to Surat al-Buruj).
And for the Asr and Isha prayer, the Surah is to be
from its medium part which is from Surat al-Buruj to
Surat al-Bayyinah.
For the Maghrib prayer, it is Sunnah to recite from its
shortest part which is from Surat al-Bayyinah to the
end.
If one is a traveller, then he may recite any Surah he
wishes.
16. To lengthen only the first rakah of the dawn (Fajr)
prayer.
17. To utter the Takbir of ruku and to glorify Allah
(Tasbih) three times therein.
18. When bowing, it is Sunnah to take hold of the knees
with the hands and to spread the fingers out. The
female is not to spread her fingers. It is also Sunnah in
the bowing posture to keep the legs vertical while the
back is flat and to make the head even with the
buttocks.
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19. To arise from the bow and then stand for a moment in
calmness.
20. Whilst offering the prostration, it is Sunnah to place the
knees upon the ground, followed by the hands, and
thereafter the face. Additionally, it is Sunnah to do the
opposite to this when rising from prostration.
21. To say Allahu Akbar when going down for
prostration and when rising from it.
22. To prostrate between the palms.
23. Uttering the Tasbih three times whilst prostrating.
24. It is Sunnah for a man to distance his abdomen from his
thighs, his elbows from his sides and keep his arms off
the ground.
25. It is Sunnah for a female to reduce the distance between
her limbs by connecting her abdomen with her thighs.
26. To completely rise from the prostration and assuming
the sitting position to its full. Additionally, it is Sunnah
to briefly adopt the sitting position between the two
prostrations.
27. During the brief sitting between the two prostrations, it
is Sunnah to place the hands on the thighs, just as one
does in the sitting of tashahhud.
28. It is Sunnah for a man to lay down his left foot on its
left side and sit on it while the right foot is allowed to
stand upright with the heel in the upper position.
29. The female is to adopt the Tawarruk style of sitting,
which is ones posterior on the ground and the left foot
on its side, emerging from under the right which is
vertical.
30. It is Sunnah to gesture with the index figure by pointing
it outwards when recitingthe Tashahhud.
31. To recite the Surat al-Fatihah, in the rakahs after the
first two rakahs.
32. To recite Salat Ibrahimi in the last sitting (Qadah
Akhirah) of the prayer.
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33. To supplicate after the Salat Ibrahimi with words that
resembles the Quran and Sunnah of the Prophet (peace
be upon him).
34. Turning to the right and then left in the two finishing
salams.
35. In the two finishing salams of the Imam, it is Sunnah
for the Imam to intend in both his sala ms; the men
praying with him, the guardian angels, and the pious
jinns.
36. It is Sunnah for the follower to intend the Imamwhen
making salam to the side the Imam is on;(if the Imam is
on the right side of the follower, then he is to intend
him in the salam on the right, and if the Imam is on the
left side, then the follower is to intend him in the left
salam, butif the follower is next to or directly behind
the Imam, he is to intend the Imam in both his salams,
including the people, guardian angels and pious jinns.
37. It is Sunnah for one praying alone to intend only the
angels in his finishing salams.
38. The tone of the second finishing salam should be made
lower than that of the first.
39. It is Sunnah for the follower to say his finishing salams
together with the salams of his Imam.
40. To begin the finishing salamwith the right side.
41. For the latecomer to the congregational prayer to wait
until the Imam has made both the finishing sal a ms
before making up what he missed.
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2. To stare at: the spot of prostration when standing, at the
upper sides of the feet when bowing, at the tip of the
nose when in prostration, in the lap when sitting and at
the shoulders when giving the final sala ms. This is
recommended for both male and female worshippers.
3. To resist coughing as much as one is able to. If one
coughs for no reason, prayer is nullified.
4. To keep the mouth closed when yawning, even if one
must grab his lips with his teeth.
5. Both the Imam and people to stand for the prayer at the
time the caller says, Come to success for the reason
that the caller is giving an order to come forth, and it
needs to be answered.
6. To begin the congregational Sal a h together for the
Imam and the followers.
7. To leave a distance of four fingers between the feet
when in the standing position (Qiyam).
8. To perform sajdah on the ground without any
hindrance.
65
8. Turning the head around by turning the neck.
9. Placing the forearms on the ground.
10. To roll up the sleeves.
11. To wear trousers only despite ones ability to wear a
shirt.
12. To tie the head with a scarf or cloth leaving the middle
of the head uncovered.
13. To interlace or braid his hair.
14. Holding or gathering his clothes.
15. Placing of ones shawl on the head and shoulders and
then letting the ends hang over the sides. Likewise,
placing an item of clothing upon the body in a way that
the arms do not pass through the places designated for
them. (This is called sadl.)
16. To tuck up clothes under the right armpit and fling the
sides of the clothes over the left shoulder.
17. Reciting the Quran in a state other than in the standing
(qiyam) position.
18. Lengthening the first rakah in a voluntary prayer.
19. To lengthen the second rakah over the first one in all
prayers.
20. Repeating the same Surah in one rakah of an
obligatory prayer.
21. To recite a Surah and then reverse the order of the
Quran by reciting another Surah which precedes the
one previously recited.
22. To recite a Surah then skip the next Surah and instead
recite the one that comes after that.
23. Smelling perfume intentionally.
24. Fanning oneself with ones clothes or with a fan once or
twice.
25. Turning away the fingers of the hands and toes of the
feet from the direction of prayer during prostration and
during other positions.
26. Raising the eyes to the sky.
27. To glance about.
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28. To sit in a similar position as that of a dog (with the
buttocks and arms on the ground and the legs vertical
and joined to the chest).
29. To return the greeting of salam with a gesture.
30. To sit cross-legged except if he has an excuse.
31. Stretching the body in prayer.
32. Minimal movement that is incompatible with prayer.
33. Taking an ant and killing it.
34. Placing something in the mouth that prevents the
recitation of the Quran.
35. To prostrate on the coil of the turban.
36. To prostrate using only the forehead without having a
valid reason to miss out the nose.
37. To pray on a road that people use.
38. To pray in a washroom or lavatory.
39. To pray at graveyards or on a land without the
permission of its owner.
40. To pray close to a filthy area without a valid excuse.
41. To pray when there is a strong urge of urination,
defecation or breaking wind.
42. To pray with excusable filth unless one fears he will
miss the prayer time or the congregational prayer.
43. To pray in work clothes.
44. To pray in front of any other person who is facing him.
45. To cover the mouth and nose during prayer.
46. To pray bare-headed out of laziness or carelessness,
except if one does so out humility and humbleness to
God.
47. To offer the prayer in the presence of food that one
desires. Furthermore, anything that distracts the mind
and reduces concentration.
48. To clear the throat without a strong need.
49. To yawn intentionally.
50. To pray with the clothes that hasimages of animate
objects on them.
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51. To pray at a place where there is a picture of an animate
object above, on the right or left side.
52. To clean dust from the forehead or wipe perspiration.
53. Counting yahs, Surahs or tasbihs on the fingers
during Salah.
54. To stand alone behind a row whenthere is a place in the
row in front ofhim.
55. To close the eyes (unless he does so to concentrate).
56. Leaning against anything without need.
57. The Imam should to stand alone in the Mihrab (prayerniche) or to stand alone on a raised platform or higher
ground.
58. To specify a place in the Mosque for Salah.
59. To run when attempting to join the congregation
(Jamaet).
60. To have sleeves or trousers too long.
61. To pray while there is a fire pot or brazier containing
coal directly in front of him.
62. To pray directly in front of a group of people who are
sleeping.
63. Reciting none other than one particular Surah, unless to
imitate the recitation of the Holy Prophet (blessing and
peace be upon him) to receive blessings.
64. Neglecting to place a barrier when offering the prayer
in a place where someone is likely to pass in front of
him.
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3. To place the hands in the two openings at the front of
the traditional shirt or in the split of the opening.
4. To pray when there is a Quran or a sword in front of
the person praying.
5. To pray facing the back of a person who is talking.
6. To pray facing a candle or lamp.
7. To prostrate on a carpet that has pictures on it which
resemble living beings provided one does not perform
the prostration on them.
8. Killing a snake or scorpion fearing they may cause
harm, even if it takes multiple strikes to kill them and
during which one turns away from the direction of
prayer.
9. To shake ones clothes to prevent them from sticking to
his body in the bowing posture.
10. To wipe ones forehead from dirt or grass after the
prayer is complete or prior to its completion if it
disturbs ones concentration in prayer.
11. Looking through the corner of his eyes without turning
the face. However it is better to omit it
12. To pray on a mattress, carpet or board provided the
head meets the firmness of the ground. However, the
best prayer is on the ground or on that which the earth
produces, such as grass and straw.
13. To repeat the same Surah in two rakahs of a voluntary
prayer.
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2. To supplicate with words that resembles the general
speech of the people
3. To utter the sal m with the intention of greeting others
4. To reply to someones sal m with the tongue or by
shaking hands
5. Excessive movement (which is judged by an onlooker
in whom it appears in his view that one is not engaged
in prayer)
6. To turn ones chest away from the direction of Qiblah
7. To eat something from the outside of the mouth, even if
it is a small amount
8. To eat that which is between the teeth, if it is the size of
a chickpea or larger
9. To clear the throat without a reason
10. To groan (uttering uff), moan (utteringuoon) or sigh
(uttering ahh) by exhaling loudly.
11. To cry alound due to pain in the body or due to a
calamity (but not the audible cries due to the thought of
Paradise or Hellfire)
12. To reply to a person who sneezes with the words,
yarhamuka Allah (may Allah have mercy upon you)
13. Responding with the words, la ilaha illa Allah (there
is no deity except Allah) to someone who was asking if
Allah has a partner.
14. Responding to bad news by saying Inn lillahi wa
inna ilayhi rajiun (To Allah we belong and to Allah
we shall return) or responding to good news with
Alhamdu lillah (All praise be to Allah)
15. Responding in amazement by uttering L il ha illa
Allah or Subh n Allah
16. Anything that is intended as a response nullifies prayer,
such as the Quranic verse, Y Yahya khudhil kitab
(O Yahya, take hold of the book)
17. When a person in the state of Tayammum sees water
and is able to use it, also, when the period of wiping the
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footgear is complete. The same rule applies to a person
who takes off his khuff in prayer
18. If an illiterate person learns a verse during prayer
19. Finding clothes to cover ones nakedness
20. If a person who prays by nodding his head becomes
able to bow and prostrate normally
21. The remembering of a missed prayer, one which is
required to be performed in order
22. If, during the prayer, the Imam is replaced with
someone not eligible to be an Imam
23. The rising of the sun at dawn (Fajr) prayer
24. When the sun moves from its peak at midday, both Eid
prayers become invalid
25. When the Asr prayer time enters on Friday, the Friday
prayer is void.
26. If a splint or cast falls off a healed injury
27. When a person who is exempt (madhur) no longer
suffers from his condition
28. If one intentionally breaks his Wudu or because his
Wudubreaks due to actions of another (a fruit falls from
a tree onto his head and blood flows as a result)
29. Fainting or suffering from a fit of insanity
30. The discharge of sperm due to staring at a sexual object
or because of a sexual dream while asleep
31. If a man stands alongside a woman who arouses sexual
desire in a complete prayer (one that includes bowing
and prostration) that both are participating in, in the
same place with no screen between them, and the Imam
had intended to lead her prayer
32. Uncovering
the
nakedness
(awrah)
after
unintentionally breaking Wudu in prayer even if it was
necessary to expose the private parts in order to purify
oneself (e.g. a female who exposed her arm to perform
Wudu)
33. Reciting the Quran on the way to renewing Wudu or
when returning from it
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34. To remain in prayer for an amount of time equivalent to
performing an integral portion of it after inadvertently
breaking Wudu in prayer and his remaining is made
while he is conscious in the prayer
35. To move away from nearby water to other water
36. To exit from the mosque believing he has invalidated
his Wudu
37. Crossing the rows of prayer in a place other than a
mosque when believing to have broken Wudu
38. Moving away from ones position believing he is not in
a state of Wudu,that the time period of wiping the
footgear has expired, believing that he has neglected
one of the previous obligatory prayers or that he has
filth on himself
39. It is better to repeat the prayer from the start to avoid
the disagreement between the scholars (such as the
ruling of Imam Shafii (may Allah have mercy on him)
40. To help or instruct other than ones own Imam
41. To utter Allahu Akbar during prayer with the
intention of changing to another prayer
42. If anyone of the abovementioned nullification points
occurs before adopting the last sitting for the equivalent
time of reciting the tashahhud, the prayer is void
43. To extend the hamzah in the Takbir
44. To recite the Quran that is not memorised
45. To perform an integral of prayer or having time to
perform a pillar, during which ones nakedness (awrah)
is uncovered or during which he has filth on his clothes.
46. Performing an integral earlier than ones Imam and not
being joined by the Imam in its performance
47. If a latecomer joins the Imam in the prostrations of
forgetfulness after he had already risen to make up the
actions he missed
48. If after the last sitting one remembers that he omitted a
prostration of the prayer, and as a result performs it,
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then the failure to repeat the last sitting again nullifies
his prayer
49. Failure to repeat an integral after previously performing
it while asleep
50. A loud burst of laughter by the Imam nullifies the
prayer even for the one who arrived late to the prayer
51. Intentionally breaking Wudu after reciting the
tashahhud in the last sitting
52. Saying the final sal ms of prayer after two rakahs
believing oneself to be a traveller or believing it to be
the Friday prayer or Tarawih, whereas in reality, it is
the Isha prayer. This is also the case if one is new to
Islam or is ignorant of religious teachings, and believes
the obligatory prayer to be two rakahs when it is not.
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1. to save a life
2. to prevent injury to others
It is permissible to cut it off the prayer:
1. upon the threat of theft, or
2. harm of his own or someone elses property.
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12. The followers (and Imam) say Rabbana lakal-Hamd.
Then, when he has straightened up to the standing
position, he pronounces takbir, and performs sajdah,
resting his hands on the ground,
13. In sajdah, he places his face between his palms, and
prostrates on his nose and forehead. He reveals his
upper arms, separates his belly from his thighs, and
turns his toes towards the Qiblah.
14. He says in his sujud Subhana rabbiyal-a`la thrice, and
that is its minimum for perfection. Then, he raises his
head whilst pronouncing Takbir, and then when he is
calm in the sitting position, he pronounces Takbir and
performs sajdah. Then, when he is calm in his sujud
position, he pronounces Takbir.
15. He straightens up to the standing position on the fronts
of his feet. He does not sit, nor lean on the ground with
his hands. He does in the second rak`ah similar to what
he did in the first rak`ah, except that he does not recite
the Opening Invocation (than a ), nor the Seeking of
Refuge (Taawwuz). He does not raise his hands
except at the first Takbir.
16. When he raises his head from the second sajdah in the
second rak`ah, he spreads out his left leg and sits on it,
and he lays down the right leg and directs its toes
towards the Qiblah. He places his hands on his thighs
and stretches out his fingers and pronounces the
tashahhud. He does not add to this in the first sitting.
17. He recites the Opening Chapter of the Book (SuratalFatihah), in particular, in the last two rak`ahs of Fard
prayer. When he sits at the end of the Salah, he sits as
he sat in the first and he recites the tashahhud.
18. He invokes blessings on the Prophet (may Allah bless
him and grant him peace).
19. He recites whatever invocations he wills, such as
resemble the words of the Quran and the transmitted
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invocations. He should not recite invocations which
resemble the speech of humansamongst themselves.
Then, he makes salam to his right by saying, As-salamu
alaykum wa-rahmatullah, and to his left similarly.
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Prostration of Inattentiveness
(Sajdah Sahw)
1. The prostration of inattentiveness is Wajib, for excess
in the prayer or for deficiency, and it is done preferably
after salam. One performs two sajdahs, then sits and
performs tashahhud and then salam.
2. The Prostration of Inattentiveness is due if one added to
the Salah an action which is of its manner but not part
of the prayer itself, or by abandoning a Wajib action
whose obligation is established by the Sunnah, such as
in abandoning the recitation of the Opening of the
Book, the qunut, the tashahhud, the takbirs of the Two
Eids, the Imams raising his voice in that which should
be subdued, or subduing it in that which should be
audible.
3. The inattentiveness of the Imam makes the sujud
obligatory on the follower, but if the Imam does not
make the sujud, the follower does not make the sujud
either. If the follower commits an act of
inattentiveness, the sujud of inattentiveness is not due
on the Imam or on the follower.
4. Someone who inattentively omitted the first sitting, and
then remembered while he was still closer to the sitting
position, should sit down and recite the tashahhud. But,
if he was closer to the standing position, he should not
go back, but should prostrate for inattentiveness at the
end.
5. Someone who inattentively missed the last sitting and
thus stood up for a fifth rak`ah should return to the
sitting as long as he has not performed sajdah for the
fifth. He cancels the fifth rak`ah and performs the
prostrations of inattentiveness. If he bound the fifth
rak`ah with a prostration, his fard is invalidated, and his
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Salah turns into nafl, and he must add a sixth rak`ah to
it.
6. If he sat in the fourth rak`ah for the measure of the
tashahhud, and then stood up without performing
salam, thinking it to the first sitting, he goes back to
sitting as long as he has not prostrated for the fifth
rak`ah, and then he performs salam. If he bound the
fifth with a sajdah, he adds another rak`ah to it, and his
Salah has been performed. The two extra rak`ah are
nafl for him. He should perform the Prostrations of
Inattentiveness.
7. Someone who is overcome with doubt in his salah, such
that he does not know whether he prayed three or four
rak`ahs, then:
If this is the first time it has happened to him, he restarts the Salah.
If doubt overcomes him often, he builds upon his
strong inclination if he has an inclination. If he
does not have an idea, he builds upon certainty.
Congregational Prayer
Its status:
1. Congregation (Jam ah) of Fard Sal h is w jib for
Jumuah, a condition for Eids and Sunnah Kif yah
forTar wih prayer. It is an emphasised Sunnah for a
free man (who has no valid excuse to be absent) to
perform prayer in congregation.
2. It is disliked for women to attend at the congregation,
but there is no harm in old women going out to
congregational prayer for Fajr, Maghrib and Isha.
Regulations for the follower:
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1. If one desires to enter into the Salah of another as his
follower, he needs two intentions: the intention of Salah
and the intention of following.
2. The follower does not recite behind the Imam.
3. Whoever followed an Imam, and then came to know
that the Imam was not in the state of Wudu, repeats the
prayer.
Im mate:
To be the Imam of a group prayer is better than giving the call
to prayer (adh n).
Conditions to be an Imam:
The conditions that validate the position of Imam are;
1. Islam
2. Maturity (If a boy leads the prayer, it will be considered
as voluntary prayer even if he is leading an obligatory
prayer)
3. Sanity
4. To be a male
5. Recitation of the Quran from memory (a minimum of
three short verses or one long verse)
6. Free from excuses (such as perpetual nose bleed, or to
not pronounce letters correctly etc.)
7. One cannot be an Imam if he is missing a condition for
prayer (such as exposure of nakedness, absence of
purity)
Conditions for the Validity of the Following:
The conditions that validate the following are fourteen:
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1. The Imam must make the intention of being the Imam
of his followers if there are females joining the group
prayer.
2. The follower must make his intention to follow the
Imam at the Takbir Tahrimah.
3. The heel of the Imam is to be in front of the heel of the
follower.
4. The Imam must not be in a state that is lesser than the
follower (such as the Imam praying voluntary prayer
while the follower is praying an obligatory prayer).
5. The (obligatory) prayer of the Imam must not be
different to the (obligatory) prayer of the follower.
6. A traveller must not pray behind a resident Imam who
is performing a four rakah prayer after its time has
ended.
7. A latecomer to the group prayer cannot be an Imam for
anyone else.
8. A row of women must not separate the Imam and the
male followers.
9. The Imam and the followers must not be separated by a
river large enough for a boat to pass through, or
10. A road wide enough that a cart could pass through.
11. The Imam and the follower must not be separated by a
wall in which the follower does not know the changing
positions of the Imam.
12. The Imam and the follower must not be riding upon
different beasts or the Imam is not to be riding and the
follower is walking on foot.
13. The follower is not to be on the boat while the Imam is
on another boat that is not attached to it.
14. The follower must not know that the Imams
purification has been invalidated (such as vomiting a
mouthful in which Imam does not repeat Wudu).
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Worthy of Imamate:
1. The most worthy of people toImamate is the most
knowledgeable of the Sunnah.
2. If they are equal in that then the best reciter of the
Quran.
3. If they are equal in that then the most pious of them.
4. If they are equal in that then the eldest of them.
5. Then the one with the best moral qualities.
6. Thereafter, the one with most handsome face.
7. Then the one with the noblest lineage.
8. Then the one with the most beautiful voice.
9. Then the one with the cleanest clothes.
10. If all are equal in the abovementioned qualities, they are
to draw lots or choose the person the people want. If
they disagree, them the majority view decides the
outcome. And if they select one who is not the most
appropriate, then they have made an error.
Disliked Imamate:
It is disliked to send ahead as Imam:
1.
2.
3.
4.
5.
6.
7.
an ignorant slave
a transgressor (fasiq)
a blind man
a Bedouin (desert dweller)
an ignorantperson
an innovator
and an illegitimate child (walad-uz-zina), but if they
took the lead, it is valid.
8. It is disliked for the Imamto prolong the Salah to an
extent where people detest it.
9. It is disliked for naked persons to perform the prayer in
congregation.
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10. It is also disliked for women to gather and pray as a
group.
It is permissible:
1. For one with Tayammum to lead the people who are in
Wudu.
2. for one who wiped on khuffs to lead the people who
washed their feet.
3. a standing person to pray behind one who is sitting.
4. a hump-backed person to lead the normal people.
5. a person who prays through indication to lead a person
like him.
Impermissible Imamate:
1. It is not permissible for men to follow a woman or a
non-adult boy.
2. A clean person should not pray behind one with a
constant drip of urine, nor should a clean woman pray
behind one with istihadah, nor
3. A reciter behind an unlearned, nor
4. A clothed person behind a naked person.
5. One who performs ruku` and sujud should not pray
behind one who is gesturing.
6. One who is performing fard prayer should not pray
behind one who is performing nafl prayer, or behind
one who is performing another fard prayer.
7. One performing nafl prayer may pray behind one
performing fard prayer.
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Arrangement of Rows
1. Someone who prays with one follower makes him stand
on his right. If there are two or more then he steps
ahead of them.
2. The men line up, and then behind them the boys, and
then the women at the back.
3. If a woman stands beside a man, the two of them taking
part in one and the same Salah, his Salah is invalid.
4. It is disliked for women to pray in congregation on their
own, but if they do then the Imam stands in their midst.
Remembrance (Zikr) after Obligatory Prayer:
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Prostration of Recitation
(Sajdat at-Til wah)
1. The Prostrations of Recitation in the Quran are
fourteen:
at the end of (Surat) al-A`r a f [7:206], in al-Ra`d
[13:15], an-Nahl [16:50], Bani Isr a il [17:109],
Maryam [19:58], the first prostration in al-Hajj [22:18],
al-Furqan [25:60] , an-Naml [27:26], Alif-La m-MimTanzeel [32:15], S a d [38:24], Ha-Mim as-Sajdah
[41:38], an-Najm [53:62], al-Inshiqa q [84:21] and alAlaq [96:19].
2. Prostration is Wajib in all these places, upon the reciter
and the hearer - whether he intended to listen to the
Quran or not. However this excludes a female
experiencing menstrual periods or post-natal bleeding.
The Imam or his followers need not prostrate if they
hear it from a follower behind that Imam or from a
follower of another Imam.
3. The recital prostration is Wajib to perform and may be
slightly delayed if it is recited outside of prayer,
although it is somewhat disliked to delay it from its
time.
4. The prostration is Wajib upon anyone who recites one
of its verses, even if it is recited in Persian or in any
other language.
5. Reciting a letter of the word Sajdah with the word
before it or the word after, from the verses which oblige
prostration, is regarded as a recitation of the entire verse
and one must therefore prostrate.
6. Hearing the verse of prostration in Persian or any other
language and understanding it obliges prostration.
7. Experts differ whether a person is required to prostrate
if he hears the verse of prostration from a sleeping or
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insane person. The most adopted view is that it is not
necessary, but better to do it out of caution.
8. The prostration of recital is not necessitated if it is
heard from a bird or an echo.
9. Whoever desires to prostrate for recitation should
pronounce takbir without raising his hands,
thenprostrate, and then pronounce takbir and raise his
head. There is no ruku, sujud or tashahhud, or salamin
it.
Prostration When in Salah:
Repetition of Recitation:
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Replacement of Sitting:
88
Though if the listener remains in the same sitting, while the
reciter does not, then it is necessary for the listener to
prostrate twice as one prostration suffices for them both.
Further rules:
Note:
Many scholars stated that whoever recites in the same sitting
all of the prostration verses with the intention of reciting all of
them, and makes one prostration for each of the recitations,
Allah the Almighty will save him from whatever he is troubled
with.
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10. If one misses a large number of prayers, then he is
required to specify each missed prayer such as saying,
I intend to perform the Fajr prayer of the 3rd of the
March 2012.
11. To simplify the matter, one may specify the first Fajr
prayer due on him that he has missed, or the last
Fajrprayer due on him that he has missed.
12. The same rule applies when one is observing a missed
fast of Ramadhan of the past two years.
13. A person who embraces Islam in such a land where
Practicing Islam is forbidden and does not pray or fast
and does not know the requirement of Islamic Law, is
excused from having to make up what he missed.
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4. If a person has offered three rakahs from a four rakah
obligatory prayer alone, then he is to complete the
prayer because the majority of the prayer has been
performed. After this, he is to join the group with the
intention of offering voluntary prayer except in the Asr
and Fajr prayer.
5. If one stands for the third rakah of a four rakah prayer,
thereafter the prayer in congregation starts before he
prostrates for the third rakah, he is not to cut off his
prayer whilst standing by saying the finishing salams.
6. If a person offering the Sunnah of the Friday prayer,
and then the Imam emerges for the sermon, he is to say
the finishing salams after two rakahs. This is also the
case if one is offering the Sunnah of the Zuhr prayer
and then the prayer in congregation commences and
thereafter he is to complete the Sunnah after praying the
obligatory prayer.
7. If a person arrives at the mosque and finds the Imam
offering the obligatory prayer, he is to join the Imam
and he is not to preoccupy himself with the Sunnah
prayer except the Sunnah of the Fajr prayer, provided
he is sure he will not miss the obligatory prayer with
the Imam.
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Some FurtherRulings:
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Witr Prayer
1. Witr is of three rak`ahs that are Wajib, which one does
not separate with salam (i.e. they are performed in one
go like those of the Fard rakahs of Maghrib prayer).
2. One pronounces the Du`a al-Qunut in the third rak`ah
before ruku`, throughout the year.
3. One recites the Surat al-Fatihah and a Surah with it in
every rak`ah of Witr prayer.
4. One must adopt the sitting posture at the end of the
second rakah and recite only the tashahhud.
5. One must not recite the opening glorification (thana) of
prayer when standing for the third rakah.
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6. When one desires to pronounce al-Qunut, he
pronounces the takbir, raises his hands, and then recites
al-Qunut.
7. Whoever does not know al-Qunut is to say,
Allahummaghfir lee (O Allah forgive me) three times
or Ya Rabb, Ya Rabb, Ya Rabb or Rabbana atina
fiddunya hasanatan-wa fil-akhirati hasanatanwaqinaazaban-nar.
8. One does not recite al-Qunut in any Salah other than
the Witr prayer, except on occasions of disaster.
9. If one follows an Imam who recites the qunut in the
dawn prayer, he is to perform it with the Imam silently
and keep his hands down by sides.
10. If one does not remember to say al-Qunut in the third
rakah of the Witr prayer and then remembers it during
the bowing or when rising from it, he is not to say it. If,
however, one pronounces al-Qunut after raising his
head from the bow, he is not to repeat the bow, but
must perform the prostration of forgetfulness for the
moving the qunut from its original position.
11. If the Imambows before the follower completes his alQunut, or the Imam bows before the follower even
begins it, then the follower is to leave it and join the
Imam if he fears that he will miss the bowing with the
Imam.
12. If the Imam does not pronounce al-Qunut, the follower
should pronounce it, provided it is possible to join the
Imam in the bowing. If it is not possible, then the
follower is to disregard al-Qunut and join the Imam.
13. If a latecomer to the group prayer catches the Imam in
the third rakah of the Witr prayer, he is regarded as
having caught al-Qunut in the legal sense.
Accordingly, he is not to make up al-Qunut when he
stands to perform the action he missed with the Imam.
14. It is recommended for the Witr prayer be prayed in
congregation only in the month of Ramadhan.
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15. The Witr prayer in congregation in the month of
Ramadhan is superior than praying it alone in the last
part of the night.
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Witr prayer mustnot be performed with a group in other
than the month of Ramadhan.
Missed Prayers
1. Whoever misses a prayer, makes up for it when he
remembers it, and necessarily performs it before the
prayer of the time, unless he fears missing the time of
the current prayer, in which case he first performs the
prayer of the time, and then makes up the missed
prayer.
2. If he missed many prayers, he makes them up in
sequence, as they were originally due, unless the missed
prayers are six or more, in which case the sequence is
waived in them.
Supererogatory Prayers
1. The emphasised Sunnah is that one prays:
two rakahs after the rise of dawn,
four rakahs before Zuhr, and two after it
two rakahs after Maghrib,
two rakahs afterIsha
four rakahs before and after the Friday prayer
2. The recommended Sunnah is that one prays:
four rakahs before Asr or two if he so wishes
four rakahs before Isha
3. In the supererogatory (nafl) of the day: if one wishes,
he can pray two rakahs with a single salam, or if he
wishes he may prayer four. It is disliked to exceed that.
4. It is disliked to pray more than eight rakahs of
supererogatory prayer in the night with one salam.
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5. The best practice in the day with respect to
supererogatory (Nafl) prayer is to perfrom them in fours
whereas at night it is better to perform them in pairs.
6. Whoever enters into nafl Salah, and then invalidates it,
makes it up. If one prayed four rakahs, and sat after
the first two, and then invalidated the last two, he
makes up the two rakahs.
7. Voluntary prayer at night is superior to voluntary prayer
in the day.
8. To prolong the standing position (qiyam) is better than
to performing a large number of prostrations.
9. Recitation is W a jib in the first two rakahs of
obligatory prayers. In the last two rakahs, one has a
choice;
If he wishes, he may recite Surat al-Fatihah only
If he wishes, he may remain silent, or
If he wishes, he may recite the Tasbih
(glorification) only
10. Recitation is Wajib in all rakahs of the supererogatory
(Nafl) prayers and also in all rakahs of the Witr prayer.
11. Whoever enters into a supererogatory prayer and then
invalidates it, must perform it again.
12. When performing an emphasised Sunnah that is four
rakahs, one is to limit the first sitting to the tashahhud
only, and when one stands for the third rakah, he is not
to repeat the opening glorification (thana), contrary to a
voluntary prayer that consists of four rakahs.
13. If one offers a voluntary prayer consisting of four
rakahs and he does not sit for tashahhud except at the
end, the prayer is deemed valid because it has become
one prayer that included a compulsory sitting at the end.
14. One may perform nafl sitting even with ability to
stand. If one began the prayer standing, and then sat
down, it is valid according to Imam Abu Hanifah (may
Allah have mercy on him).
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15. It is permissible for who is outside an inhabited area to
perform nafl, by gesturing, while riding on his mount,
in whatever direction it faces.
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3. When a traveller enters into congregationalprayer of a
resident Imam, while the time of the Salah remains, he
prays the Sal a h in full. But, if he enters with the
resident in a missed prayer, his Sal a h is not valid
behind him.
4. When a traveller leads residents in two rak`ahs of
prayer when they were originally four rakahs (such as
the Fard rakahs of Zuhr, Asr and Isha prayer), he
performs salam after the two rakahs, and then the
residents complete their Salah after his salam. It is
recommended for him, when he performs taslim, to say,
Complete your Salah, for we are journeying people.
5. Whoever misses a prayer on a journey, makes it up as
two rak`ahs even if he makes it up in
residence. Whoever missed a prayer in residence
makes it up as four rak`ahs even if he makes it up on a
journey.
Breaking the Journey:
1. The travellercontinues to apply the regulations of travel
until he intends to remain in a city for fifteen days or
more, at which point he is required to pray in full. If he
intends to remain there less than that, he does not pray
in full.
2. Someone who enters a city, and does not intend to
remain there for up to fifteen days, but rather says each
day, Tomorrow I will depart, or the day after I will
depart, until he remains in this way for years, is stilla
traveller, and thus prays two rak`ahs.
3. When an army enters the land of war, and then intends
to remain there fifteen days or more, they do not pray
the Salah in full.
4. When the traveller enters his home-town, he prays the
Salah in full, even if he did not intend to remain there
for fifteen days or more.
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5. Whoever has a home-land, and then moves from it and
takes up residence in another land, and then travels and
enters his first home-land, does not pray the Salah in
full.
6. If the traveller intends to remain in Makkah and
Mina for fifteen days or more, he does not pray the
Salah in full.
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of standing, he completes it sitting, performing ruku`
and sujud, or gesturing if he is not able to perform ruku`
and sujud, or lying down if he is not able to sit.
6. Someone who, on account of illness, prays sitting,
performing ruku` and sujud, and then became healthy,
continues his Salah standing. But, if he prayed a part of
his Sala h with gestures, and then became capable of
ruku` and sujud, he re-starts the Salah.
7. Someone who loses consciousness for five prayers or
less, makes them up when he recovers, but if he misses
more than that due to unconsciousness, he does not
have to make them up.
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5. If the deceased did not make a will before dying but his
next of kin pays the debt on his behalf anyway, it is
permissible, insha Allah.
6. And it is not permissible to fast on behalf of the
deceased, nor can one pray on behalf of the deceased.
7. It is permissible to give the entire fee to one poor
person for all the outstanding prayers, though one
cannot do this if he is paying the fee of a broken oath.
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3. Among its conditions is the time. It is valid in the time
of Zuhr, and it is not valid after it.
4. From those who are obliged to attend the Jumuah
assembly prayer, there must be at least one person from
amongst them who is able to hear the sermon of the
Imam, even if it is only one person.
5. Among its conditions is a group (jamaat). Their
minimum is three apart from the Imam even if the men
are slaves, travellers or are all suffering from an illness.
It is also a condition that they remain with the Imam
until he performs the first prostration, and if they leave
the prayer after this, the Imam is to complete the Friday
prayer. Though if they leave the prayer before this, the
prayer is nullified.
6. Consent from the ruler is also required.
Note:
A comprehensive city, according to Imam Abu Hanifah (may
Allah have mercy on him) is a place that has a Mufti (legal
counsel), ruler and a judge (Q di) who implements the Islamic
law and establishes the penalties (Hud d). And the number of
buildings must be equal to the number of buildings in Mina,
according to the most correct view.
Obligation of Jumuah:
1. Jumu`ah is not obligatory on a traveller, a woman, a
disabled person, a slave, or a blind person. However, if
they attend and pray with the people, it suffices them
for the Fard of the time.
It is permissible for travellers, slaves, the dsbledand
the likes to lead Jumuah prayer.
It is disliked for excused people to pray Zuhrduring
congregation time on the day of Jumuah, and also
prisoners.
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2. The Salah of one who prayed Zuhr at home on the day
of Jumu`ah, before the Imams Sal a h, without an
excuse, is valid. However, it is prohibited for him if it
occurs to him to attend Jumuah prayer, such that he
had set out towards it, the ZuhrSalah is invalidated by
his setting forth.
3. When the Muadhdhin calls the first Adhan on the day
of Jumuah, people should stop buying and selling, and
set out for Jumuah prayer.
Regulations of the Jumuah Prayer:
1. The Imam recites audibly in the two Fard rak`ahs.
2. There is no specific Surah to recite in them.
3. Whoever joined the Imam on the day of Jumu`ah, prays
with him whatever he caught, and builds Jumu`ah on
that basis. If he joined him in the tashahhud, or in the
Prostrations of inattentiveness, he performs Jumu`ah
accordingly.
Sunnah Aspects of the Sermon (Khutbah):
1. When the Imam comes to the pulpit/minbar on the day
of Jumu`ah, people stop performing prayers, and stop
talking until he has finished his sermon (kutbah).
2. When the Imam ascends the minbar, he sits down, and
the Muadhdhin calls the second Adhan in front of the
minbar.
3. After the Adhan, the Imam stands to deliver the sermon
leaning on a sword in his left hand, which is the method
observed in all countries that were conquered by force.
Though if the country was taken or occupied
peacefully, then the Imam does not adopt the sword.
4. The Imam faces the people when delivering the sermon.
5. To begin the sermon with praising Allah followed by
glorification.
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6. To declare the two testimonies (Shahadahs).
7. To invoke blessings upon our beloved Prophet
Muhammad (blessing & peace be on him).
8. To advise the people about abstaining from
disobedience to Allah and remind them about their
duties to Allah the Exalted.
9. To recite a verse from the holy Quran.
10. The Imam delivers two sermons, separating them with a
sitting.
11. To repeat the praises and glorifications of Allah
including the blessings upon the Holy Prophet at the
beginning of the second sermon.
12. He delivers the sermonstanding, in a state of purity.
13. It is disliked, though valid, todeliver the sermonsitting,
or not in a state of purity.
14. The Imam clothes his nakedness during the sermon.
15. To sit upon the pulpit before commencing the sermon.
16. To make dua for the believers in the second sermon.
17. To make the duration of the two sermons equivalent to
the recitation of a Surah from the long part of the
Mufassal section (from Surah al-Hujurat to al-Buruj).
18. When he has finished from the sermon, the call
(iqamah) is made for the Salah, and then prayer is held.
Miscellaneous Rules:
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The valid time to perform the Eid prayer is when the sun has
risen above the horizon the height of a spears length or two
(about 20 minutes after the sunrise) and ends at noon.
Eid al-Fitr:
1. It is recommended on the day of Ied al-Fitr for the
person, before leaving for the prayer:
To eat an odd number of dates before going to the
prayer
To perform a bath, brush the teeth, use perfume
and wear the best clothes one has
To pay Sadaqat al-Fitr before the prayer, if he is
required to pay it
To exhibit and display happiness and joy
To give extra Sadaqah depending on ones
capacity
To awake early at the earliest period
To arrive early for the prayer
To perform the Fajr prayer in the local mosque and
then to proceed towards the area of the Eid prayer
walking and uttering Takbir silently
To return from the prayer-ground via a different
route
2. It is disliked to offer voluntary prayer in the mosque or
at home prior to the Eid Prayer. Likewise, it is also
disliked to offer voluntary prayer in the mosque after
the Eid Prayer.
Eid al-Adh :
1. It is recommended on the Day of Sacrifice (Adha) :
to perform ghusl,
to apply perfume,
to delay eating until having finished from the
Salah.
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2. One sets out for the prayer-ground, pronouncing takbir
audibly in the streets.
3. The Imam is to teach the people about the takbirs of
tashriq and about the sacrifice in his sermon of Eid alAdha.
4. The prayer of Eid al-Adha may also be delayed for
three days with a valid excuse.
How to Perform Eid prayer?
1. First, one forms the intention of Eid prayer.
2. Then he pronounces the opening Takbir (Allahu Akbar)
and recites the glorification (thana).
3. The additional three takbirs are pronounced for which
the hands are raised for each of them.
4. The Imam is to recite Taawwuz and Tasmiyah silently.
He then recites the Fatihah along with another Surah,
preferably being Surat Ala. Following this, he goes
into the bowing posture (raku).
5. When the Imam rises for the second rakah, he is to
begin with the Tasmiyah silently then recites the
Fa tihah followed by a Surah. It is recommended to
recite Surat al-Ghashiyah.
6. After this, he pronounces the additional takbirs three
times, raising the hands for each one as he did in the
first rakah and proceeds into bowing.
7. On the completion of prayer, the Imam is to conduct
two sermons during which he is to teach the people the
laws related to Sadaqat al-Fitr.
The Ruling of Missing the Eid al-Fitr Prayer:
One cannot make up the Eid al-Fitr Prayer if it is missed in
congregation with the Imam. If there is a reason that the Eid
prayer cannot be performed on the first day of Shawwal (i.e.
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the moon is concealed) then it may be delayed and performed
on the following day only.
The Takbirs of Tashriq:
1. The first of the Takbirs of Tashriq is pronounced after
the Fajr prayer on the Day of `Arafah (9th of Dhul
Hijjah) and the last of it isafter theAsr prayer of the last
of the Days of Tashriq (13th of Dhul Hijjah).
2. The Takbirs are wajib upon the Imam and his followers
even if they are travellers, slaves or females. However,
the women are not to pronounce the takbirs aloud.
3. The takbir is pronounced after the Fard prayer which is
performed in a recommended group prayer, and it is
that one says: Allahu Akbar Allahu Akbar, La ilaha
illaLlahu waLlahu Akbar, Allahu Akbar waLiLlahil-Hamd.
4. There is no harm in reciting the takbirs after the prayer
of both Eids.
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prepared a humiliating torment for the disbelievers [an-Nisa
4:102]
1. The prayer of fear is permitted during the presence of
an enemy, of predatory beast even if the fear is not
immense. Likewise the prayer of fear is permitted
when one fears he will drown in a flood or torrent or
fears he will be burnt.
2. When fear is severe, the Imam divides the people into
two groups: one group who remain facing the enemy,
and one group who stand behind him. Then, he prays
with this latter group one rak`ah with two
prostrations. Then, when he raises his head from the
second prostration, this group goes back to face the
enemy, and the other group comes to take their
place. The Imam leads them in one rak`ah with two
sajdahs, and then performs tashahhud and salam. The
followers do not perform salam, but rather go to face
the enemy. The first group now comes back, and prays
one rak`ah on their own, with two prostrations, without
recitation, and then perform tashahhud and salam, and
then go back to face the enemy. The other group now
comes back and prays one rak`ah with two prostrations,
with recitation, and then perform tashahhud and salam.
3. If the Imamis a resident, he prays two rakahs with the
first group and two rakahs with the second.
4. In Maghrib, he prays two rak`ahs with the first group
and one rak`ah with the second.
5. They do not fight while in the state of prayer, and if
they do that their prayeris invalidated. If the fear is
intense, they pray while riding, individually, gesturing
for the ruku` and sujud, in whatever direction they wish
if they are not capable of facing the Qiblah.
6. Prayer in this manner is not permitted unless it is in the
presence of an enemy or fear.
7. It is recommended to carry a weapon during the prayer
of fear.
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8. If there is no apprehension or unease for all the people
to pray behind one Imam, then the best method is that
each group prays the entire prayer behind its own
Imam. It is therefore performed in a manner that one
prays when it is safe.
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9. There is no group prayer for the lunar eclipse. Each
individual merely prays on his own.
Note: Other prayers that are offered individually are the prayer
of terrifying darkness during the day, theprayer of strong wind,
whether it is during the day or at night, and prayer of peril,
which is fear from an earthquake or lightning or rain.
Drought Prayer or Prayer for Rain (Sal t al-Istisq ):
1. Imam Abu Hanifah (may Allahs mercy be upon him)
said: there is no emphasised Sunnah Salah in a group to
pray for rain although it is recommended, but if people
pray individually, it is permissible. The emphasised
aspect of praying for rain is merely supplication and
seeking forgiveness.
2. It is recommended to exit the city for those seeking rain
for three consecutive days. They are to exit walking in
worn out clothes that are washed, whether patched or
not, and they are to be submissive and humble, fearing
Allah the Almighty, with heads aowered.
3. Sadaqah (charity) is to be forwarded duringall the three
days before leaving. It is recommended that the
animals be taken with the travellers as well as the
elderly and the young in order to attract the mercy of
Allah the Almighty.
4. The Imam faces the Qiblah in supplication. He turns
his cloak over when starting the supplication, but the
people do not turn over their cloaks.
5. The people who reside in Makkah are not to exit but
rather, they are to gather in the Sacred Mosque.
Likewise the people who reside in Bayt al-Maqdis are
to gather at Masjid al-Aqsa.
6. The residents of Madinah are to gather in Mosque of
the Prophet (Masjid Nabawi).
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7. The People of the Covenant of Jizyah (Dhimmis) do not
attend the Prayer for Rain.
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Tahiyyat al-Wudu:
After performing Wudu, one should pray 2 rakhs of Nafl
prayer before water on the washed parts dries. This is known as
Tahiyyat al-Wudu. Several hadiths have mentioned the
blessings and benefit of doing so. For example: There is no
Muslim who performs Wudu and performs it well and then
stands and offers two units of prayer with devotion of heart and
mind in both of them, except that Paradise becomes guaranteed
for him. (Muslim :288)
Tahiyyat al-Masjid:
To perform two rakahs of Nafl prayer upon entering the
mosque are called Tahiyyat al-Masjid. Abu Qatadah (R.A)
narrates that the Prophet of Allah (Allah bless him and grant
him peace) has said; When one of you enters the Masjid, then
let him not sit until he prays two rakahs. (Sahih Bukhari v.1)
In Hanafi Fiqh, if a person was to sit down and then stand up
and prayTahiyyat al-Masjid, he will still get the same reward
and it will not decrease by his sitting down.
Sal t at-Tahajjud: (Night Prayer)
Of all the Nafl prayers, that which is offered before dawn,
known as Tahajjud or Salt al-Layl, is the most rewarding and
beneficial:
The best salt after the Fard prayers is the night prayer (ie.
tahajjud). (Muslim)
Sleeping before them is necessary. The number of rakhs
prayed duringtahajjud should be between 4 and 12 rakhs.
They can be performed in units of two.
Salat al-Ishr q (Prayer After Sunrise):
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After completing Fajrprayer, one does not move from hisplace
butremains there reciting dhikr, tasbh, Qurn, etc., avoiding
participation in worldly affairs until the sun has fully risen
(approximately 20 minutes after sunrise). Then, one stands and
offers two or four rakhs of Nafl prayer. This is called Salt
al-Ishrq. The Prophet (Allah bless him and grant him peace)
said:
Whoever prays Fajr with the congregation and then sits and
remembers Allh until the sun rises, and then prays two
rakhs, he will have the reward of oneHajj and one Umrah.
(Tirmizi-567)
Sal tad-Duh /Ch sht (Morning Prayer):
This is performed after the sun has risen high in the morning,
after about one-third of the day has passed, and it lasts until
midday. One may perform 2, 4, 6, 8, 10 or 12 rakahs of Nafl
prayer.
Hadrat Ishah (Allh be pleased with her) was asked how
much the Prophet (Allah bless him and grant him peace) used
to pray for the Duh prayer. She said, Four rakahs, or he
increased it as Allh willed. (Muslim)
Also, the Holy Prophet (Allah bless him and grant him peace)
was reported as saying: Whoever prays 12 rakahsfor the
Duh prayer, Allh will built a golden castle for him in
Paradise. (Tirmidhi, Ibn Majah)
Sal t al-Awwabin (Prayer of the Repentant):
After performing the Fard and Sunnah rakahs of Maghrib
prayer, one may perform between 6 and 20 rakahs of Nafl
prayer. This prayer is called as Awwbn.
The holy Prophet (peace be upon him) reportedly said:
Whoever prays, after the Maghrib Fard rakahs, six rakahs
without talking of anything indecent in between them, it would
be equivalent to twelve years of worship for him. (Tirmidhi)
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The one who prays twenty rakahs after Maghrib, Allh will
build for him a house in Paradise.
(Tirmidhi)
FUNERALS
Preparation of the Body:
1. When death approaches a man, he is turned towards the
Qiblah on his right side, and the Two Testimonies
(Shah a dah) are suggested to him without irritating
insistence and without ordering him to say it. And it is
permitted to keep him on his back.
2. Then, when he dies, his jaws are tied and his eyes are
closed.
3. It is disliked to recite the Holy Quran at this time in the
presence of the deceased until he is washed.
4. It is recommended to make haste in preparing the
deceased for burial.
5. When they want to wash him, they put him on a bench
which is perfumed with a sweet smelling aroma in odd
numbers, place a cloth over his nakedness and remove
his clothes. They perform Wudu tohim, but do not
rinse his mouth, nor his nostrils unless he was in the
state of majorritual impurity. If so, they are to have the
nostrils and mouth gently rinsed. Then, they pour water
over him. The water is boiled with leut-leaves, or with
saltwort, but if that is not available then pure water [is
used]. His head and beard are washed with
marshmallow. Then, he is made to lie on his left side,
and is then washed with water and leut (al-Ud) until it
is seen that the water has reached to that part of the
body adjacent to the dais. Then, he is made to lie on his
right side, and then washed with water and leut until it
is seen that the water has reached to that part of the
body adjacent to the dais. Then the washer makes him
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sit up, and to lean against him, and he wipes his
stomach with a gentle stroke. Then, if anything
emerges from him, he washes that area, but does not
repeat his ghusl. Cotton is not to be used during the
washing.
6. Then, he wipes him with some cloth and puts him in his
shrouding garments. He applies perfumed oil on his
head and his beard, and camphor on the places of
prostration.
7. The nails, beard and hair of the deceased is not to be
cut, trimmed or combed.
8. The wife is permitted to wash the body of her deceased
husband though the opposite is not permitted. Likewise
a slave girl who has given birth to a child of her master
cannot perform the washing of her master.
9. If a female dies amongst men, they are to purify her by
Tayammum. Likewise if a man dies amongst women,
they are to purify him by Tayammum.
10. The hermaphrodite (khunsa) also are to be purified by
Tayammum.
11. It is permitted for a man to wash a young girl who has
not reached the age of puberty provided he does not
desire her. Likewise it is permitted for a woman to
wash a young boy provided she does not desire him.
12. There is no harm if one kisses the deceased out of love.
13. Any foetus (an unborn child) that makesa sound after
birth is prayed over. If it did not makea sound, it is
wrapped in a cloth, and it is not prayed over.
Shrouding (Kafan):
1. The Sunnah is that a man be shrouded in three shrouds:
a waist-wrapper (izar), an upper garment (qamis) and a
wrapper (lifafah), but if they restrict it to two shrouds, it
is permissible. When they desire to wrap the wrapper
around him, they begin with the left side, putting [the
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shroud] over it, and then the right side. If they fear the
shroud may unfold from him, they tie it.
2. A woman is shrouded in five garments: a waistwrapper, an upper-garment, a scarf, a piece of cloth
with which her breasts are tied, and a wrapper. If they
restrict it to three shrouds, it is permissible. The scarf
should be on top of the upper-garment under the
wrapper. Her hair is placed on her chest.
3. White cloth is the best and preferred type of shroud.
4. The length of both the inner wrapper and outer wrapper
are to be from the head of the deceased to the feet with
an allowance for the knots at the ends.
5. The shirt is to have no sleeves, or opening at the bottom
and no pockets. Moreover the edges are not to be
stitched together.
6. To add a turban with the shrouds is disliked.
7. The inner wrapper (iza r) is first folded from the left
side, then from the right side. Thereafter the outer
wrapper (lifafah) is folded similarly.
8. The shrouds may be knotted if it is feared they will
unfold.
9. The deceaseds hair is not combed, nor his beard, nor
are his nails cut, nor ishis hair braided.
10. The shrouds are perfumed with incense an odd number
of times before he is inserted into them.
11. It is the responsibility of the husband in preparing his
deceased wife for burial and shrouding, even if he is in
financial difficulty.
12. Whoever dies and has no money, then the cost of
shrouding is to be paid by those who were legally
required to assist him before he died, such as his family.
13. If there is no such person present, then the
responsibility falls upon the Bayt al-Mal, which is
wealth that the head of the Islamic state has gathered
from charity donations, taxes or alms.
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14. If there are no funds given from the Bayt al-Mal either,
due to insufficient funds or injustice, then it is upon the
Muslim community.
15. A person who is financially unable to assist the
deceased in the shrouding or burial is required to seek
assistance from others on behalf of the deceased.
16. When they are done with washing and shrouding the
dead body, they pray over him.
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6. If a newborn does not make a sound after birth, it is to
be washed, wrapped in a cloth and buried with no name
or funeral prayer.
7. A funeral prayer is not performed over a boy who was
taken captive along with one of his parents from enemy
lands (Dar al-Harb) unless one of his parents converts
to Islam, the child himself becomes Muslim or the child
is taken captive without its parents.
8. Funeral prayer is not to be performed over a rebel, even
if he was a Muslim, neither over a highway robber who
has died in the battle as a result of his action. (a rebel is
one who rebels against a just Muslim Ruler)
9. A murderer who killed his victims by strangulating
them is not to be prayed over and neither a determined
transgressor who would take up arms at night time as he
ventured through the town, if he dies in that state.
10. A person who is killed due to a family feud or tribalism
is not to be prayed over even if he is washed.
11. One who commits suicide is to be washed and prayed
over.
12. A murderer who killed one of his parents intentionally
is not to be prayed over.
13. The Method of Performing the Funeral Prayer:
The prayer over the deceased is a communal
obligation (Fard Kifayah; meaning if a few persons
perform the prayer, then the rest are relieved of the
obligation, so it is collectively obligatory).
that one pronounce a takbir, extolling Allah, the
Exalted, after it,
then, pronounces a takbir, and sends salutations on
the Holy Prophet (Allah bless him and grant him
peace),
then one pronounces a takbir, supplicating therein
for himself, for the deceased and for the Muslims.
then one pronounces a fourth takbir and pronounces
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salam.
14. If the deceased was buried without the prayer being
performed over him, it is performed over his grave even
if the deceased had not been washed, provided the body
has not begun to decompose.
Its pillars:
Theere are two pillars of the funeral prayer:
1. The Takbirs (sayings of Allahu Akbar)
2. The Qiyam (the standing)
Its conditions:
There are six conditions of the funeral prayer:
1. The deceased is to be a Muslim
2. To be in the state of purification
3. To be placed in front of the people
4. The body of the deceased or most of it to be present. If
not most then at least half the body with the head must
be present.
5. The people (who are praying over the dead) must not be
riding or sitting unless there is a valid reason.
6. The deceased is to be placed on the ground during the
prayer. If he is placed on a beast (i.e. horse, etc.) or is
held up by the hands of the people, then the prayer is
not valid unless there is a legitimate reason (i.e. the
ground is extremely muddy, etc.).
Its Sunnahs:
There are four Sunnahs of the funeral prayer:
1. The Imam is to stand near the chest of the deceased
whether it is a male or female
2. One is to recite Sana (opening glorification) after the
first takbir
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3. To recite the blessing on the Holy Prophet (peace be
upon him) after the second takbir
4. To supplicate for the deceased after the third takbir.
One supplicates with that which is transmitted from the
Prophet (Allah bless him and grant him peace)
Miscellaneous Rules:
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Multiple funeral prayers:
1. If there are several dead bodies, it is best to perform a
separate funeral prayer for each body. The first funeral
prayer is to be performed for the most pious and learned
and then for the second most pious, and so on.
2. If there are several bodies, it is valid to perform a single
funeral prayer for all of them by placing the coffins in a
long line closest to the Qiblah in a way that the chest of
each of them is in front of the Imam.
3. Maintaining the order when placing the bodies in this
manner is vital. This way, the men are to be placed
nearest to the Imam, then the boys after the men, then
the hermaphrodites, followed by the females.
Burial:
1. When they carry him on his dais, they hold its four
corners, and walk with it swiftly but without running.
2. Walking behind the coffin is superior to walking in
front of it, just like the obligatory prayer is superior to
voluntary prayer.
3. The audible remembrance of God (Zikr) is disliked
when carrying the coffin.
4. When they reach his grave, it is disliked for people to
sit before it is lowered down from the mens shoulders.
5. The grave is dug to a depth of half the height of a mans
body, or to the height up to his chest if one was
standing, and if one digs the depth further it is better,
and a channel is made in the wall facing the Qiblah.
6. The deceased is entered from the side adjacent to the
Qiblah. When he is placed in the channel, the one
placing him says, BismiLlahi wa-`ala millati
RasuliLlahi, and faces him towards the Qiblah. He
unties the knot, and arranges unbaked bricks in the
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incision. It is disliked to use baked bricks and
wood. There is no harm in using straw as anaddition.
7. If multiple bodies are buried in one grave because of
necessity, they are to be placed from the side towards
the Qiblahin the order: men, boys, hermaphrodites,
women.
8. Unbaked bricks and cane pieces are then placed over
the niche opening.
9. The use of baked bricks or wood is disliked.
10. It is recommended to screen the grave of a female with
a sheet until the bricks have been placed over the niche.
11. Then, the earthis piled on. The grave is raised like a
camels hump and not flattened.
12. To build something on the grave for beautification is
prohibited.
13. To build something strong upon the grave after the
burial to strengthen it is disliked because this will last
for many years whereas the grave is the place of decay.
14. There is no harm in writing on the grave to prevent its
signs from vanishing and to prevent it from being
dishonoured, and so that it can be visited and respected.
15. It is disliked to use the homes as a place for burial, for
this is specific to the Prophets (peace and blessings be
upon them).
16. It is also disliked to bury a deceased person in a cellar,
vault or crypt which is like an enclosure.
17. There is no harm in burying more than one body in a
grave when there is a need and between every corpse
there is to be a separation with earth.
18. Whoever dies on a ship and away from land and it is
feared that the decaying body will cause discomfort to
others, then the deceased is washed, shrouded and
prayed over and thereafter released into the water.
19. It is recommended to bury the deceased in the cemetery
of the area he dies in or is killed. There is no harm if
the deceased is moved a distance of one or two miles
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before being buried. Though it is disliked to transport
the deceased more than this.
20. After the deceased is buried, it is not permitted to move
him or her to another location unless the land was taken
by force and the landlord wants to remove the body, or
the land is taken due to the right of preemption
(shufah).
21. If a person is buried in a grave that was dug for
someone else, then the value of the digging is to be
paid, and the deceased is not to be removed from the
grave.
22. It is permissible to open the grave to search for goods
that fell in it, such as clothes or money.
23. It is also permissible if shrouds were taken by force or
theft and their owner will not accept anything but the
shrouds, or something valuable that remains buried with
the deceased.
24. The grave in not to be dug up if the deceased was
placed in the grave facing a direction other than that of
the Qiblah, or because he was placed on his left side.
25. Instructing the deceased with the declaration of faith
(shahadah) after his body has been placed in the grave
is permitted.
26. It is recommended for the relatives of the dying person
and his neighbors to visit him and recite Surah Yasin in
his presence.
27. Some of the later scholars said it is also good to recite
Surat ar-Rad.
28. If a disbeliever dies and he has a relative who is
Muslim then the Muslim relative is permitted to wash
the disbeliever as though he is washing a filthy cloth.
Then he (the disbeliever) is to be enshrouded in cloth
and placed in a pit or may be given to the people of his
religion.
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The Martyr:
1. The martyr (shaheed) is someone whom the pagans, the
rebels or highway robbers, or a thief kills - even if it is
with a heavy object, or who was found in the battlefield with signs of wounding on him, or who was killed
deliberately by the Muslims and for whose death bloodmoney did not become initially due. In all these cases,
the person killed is Muslim, mature and free from major
impurity (jan a bah), menstrual period and postnatal
bleeding and his death is not delayed until after the end
of battle.
2. A person who is killed has died in his fixed time
according to the Ahl as-Sunnah.
One who is killed in a prescribed punishment, or
retaliatory execution, is washed and prayed
over.
Those rebels and highway robbers who are
killed are not prayed over.
3. The martyr is shrouded and prayed over, but he is not
washed. If one who is martyred is in the state of major
ritual impurity, is insane or in the state of menstruation
or postnatal bleeding, then he she must be
washed. Similar is the case with the child. The
martyrs blood is not washed off him, nor are his
clothes removed, but furs, khuffs, padded garments and
weapons are removed from him.
4. One is to add or remove the clothes of the martyr if he
is not wearing enough to fulfill the Sunnah.
5. It is disliked to remove all of the clothes of the martyr
so that the marks of battle remain on him.
6. One who lingered in dying is washed. Lingering is :
that he eats or drinks,
receives medical treatment,
remains alive until the time of one prayerpasses over
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him while he is conscious,
he was transported from the battle-field alive.
he left instructions preparing for death
or he sold, bought or spoke many words.
Such a person is not classified as a martyr, but he is
called as Murtatha.
If a person dies in a city or town and the cause of the death is
unknown, then such a person is washed and prayed over.
(This is because it is not known whether he was killed
because of oppression or penalty, etc.)
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The Chapter of
Fasting
129
Fasting (Sawm)
Allah the Almighty says:
O you who believe! Fasting is prescribed to you as it was
prescribed to those before you, that you may (learn) selfrestraint. (al-Baqarah 2:183)
Definition:
To abstain from allowing anything to enter the stomach
whether intentionally or by mistake - or that which has the
same legal status of the stomach (such as the brain) - and
sexual relations, from dawn till sunset, with the intention of
worship for Allah the Exalted, is called Sawm (Fasting).
That Which Obligates Fasting:
1. That which obligates the fasting of Ramadhan is ones
presence in the time that is correct to fast.The arrival of
each day of Ramadhan is a reason obligating one to fast
that particular day.
2. If in Ramadh a n a child reached adulthood, or an
unbeliever accepted Islam, they abstain from things
which invalidate fasting for the remainder of that day,
and fast that which comes thereafter. They do not make
up what has passed.
3. If a traveler arrives at his place of residence, or a
menstruating woman attains purity with a part of the
day remaining, they should abstain from those things
which invalidate fasting for the rest of that day.
THE INTENTION:
Fasting is of two sorts:
1) The fasting that requires one to be specific in the
intention prior to dawn
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2) The fasting that does not require a person to be specific
in the intention prior to dawn
1. The fasting that requires ones intention to be specific
and to make it at night and prior to dawn is that:
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fast, then the latter is accepted and original specified
(Nadhr Muayyan) remains due upon him.
The Ruling & Conditions of its Obligation:
It is obligatory to perform the current Ramadh n as well as
making up an unperformed Ramadh n, provided one meets
four conditions, which are as follows:
One must be:
1.
2.
3.
4.
Muslim
Sane
Attained puberty
One who becomes Muslim and knows that it is
obligatory
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It is not a condition to be free from sexual discharge (i.e. one
may have had intercourse prior to dawn and did not take a bath
until after dawn, or a person may have had unconscious
discharge a wet dream - while sleeping).
The Pillar of Fasting:
To abstain from the desire for food, sexual intercourse and that
which has the same legal status of both is the pillar of fasting
(i.e. entering the medicine into body, etc.).
Its Outcome:
The outcome that is derived from fasting is the compulsory
obligation that one is obliged to perform is fulfilled. The
fasting person is rewarded by the will of Almighty Allah in the
hereafter.
Types of Fasts:
There are ninetypes of Fastingwhich are as follows:
1. Fard Muayyan - Fasting for the whole month of
Ramadhan once a year.
2. Fard Ghair Muayyan - The duty upon one to keep Qada
of Fasting missed in the month of Ramadh a n with or
without a valid reason.
3. W jib Muayyan - To vow to keep a fast on a specific day
or date for the sake of Allah upon the fulfilment of some
wish or desire (Nadhr).
4. W jib Ghair Muayyan - To vow or pledge to keep a fast
without fixing any day or date upon the fulfilment of a wish
(Nadhr) or the voluntary fast that was ruined. Those fasting
which are kept for breaking one's oath also fall under this
category.
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5. Sunnat - Those fasting which Holy Prophet ()
kept and encouraged others to keep e.g. fasting on the 9th
and l0th of Muharram, the 9th of Zul-Hijjah, etc.
6. Mustahabb - All fasts besides Fard, Wajib and Sunnah are
Mustahabb (preferred) e.g. fasting on Mondays and
Thursdays, or the fasting of three days of every month
(13th, 14th, 15th of lunar month), or to fast six days of the
month of Shawwal immediately after Eid al-Fitr) or to fast
any day which is established as being mentioned by the
Prophet (Allah bless him and grant him peace) and one
which the Sunnah promises reward for (i.e. the fasting of
Prophet Dawood peace be upon him).
7. Nafl (Voluntary) As for the voluntary fast, it is that
which is not mentioned in the above categories, provided it
is not established as a day that is disliked to fast.
8. Makruh Tanzihan It is somewhat makruh (disliked) to
fast only on the 9th or 10th Muharram or to fast only on
Saturdays or to fast only on Fridays or to perform
continuous day of fasting even if it is for two days or to fast
for ones entire life.
9. Makruh Tahriman - It is prohibitively disliked to fast on
fivedays during the year, and they are: Eid al-Fitr, Eid alAdh a and three days after Eid al-Adh a (the Days of
Tashriq).
SIGHTING THE CRESCENT;
For Ramadh n:
1. It is imperative for the people to seek the new crescent
on the twenty-ninth day of Sha`b a n. Ramadh a n is
established when the moon is sighted.
2. The day of doubt is the day after the twenty-ninth day
of the month of Shaban. Due to overcast conditions
that have concealed the moon on this doubtful day,
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3.
4.
5.
6.
7.
8.
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Obstruction in the Sky:
1. If there is some obstruction in the sky, such as clouds or
dust, the Imam accepts the testimony of one upright
Muslim or one whose situation is unknown - be that
Muslim male or female, free-man or slave or one who
has repented after being punished for false accusations
of unlawful sexual intercourse against others - for the
sighting of the crescent and it is not a condition for such
a person to utter the words of shahadah (such as I bear
witness.). However, if there is no obstruction in the
sky, one individuals testimony is not accepted until a
large multitude sights it, by whose report certain
knowledge is attained.
2. When there is some obstruction in the sky for Eid alFitr, only the testimony of two free men, or one free
man and two free women, is accepted for sighting of
the crescent for ending the fast and it is conditional that
they say the word of Shah a dah (such as I bear
witness). But, if there is no obstruction in the sky,
only the testimony of a large multitude -- by whose
report certain knowledge is attained -- is accepted.
Establishing the Month based on Testimony:
1. If the people begin Ramadhan based on the testimony
of a single person, and then they complete thirty days of
fasting and thereafter no one sees the moon of Eid alFitr even though the sky is clear, it is not permitted for
them to cease fasting.
2. Scholars have a difference of opinion whether the
people are to fast another day or not if Ramadhan is
established based on the witnessing of two upright
persons and then thirty days are completed and yet no
one sees the moon for Eid al-Fitr even though the sky is
clear.
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3. The moon of Eid al-Adha takes the same ruling as that
of Eid al-Fitr.
4. It is conditional in establishing the remainder of the
months; the testimony of two upright men and these
individuals must not have previously been punished for
making false accusations of unlawful sexual intercourse
against others.
5. If the moon is sighted during the day, whether it is
before noon or after noon time, it is disregarded and is
considered as belonging to the following night.
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11. If a person places a twig or an ear bud in his ear and
withdraws wax with it and then re-enters the twig back
into the ear,
12. Dust or dirt going down the throat or the taste of
medicine accidently enters the throat,
13. Swallowing ones own saliva,
14. If nasal mucus enters the nasal passage and is sniffed
back into the throat and swallowed on purpose,
15. Taking a bath to keep cool,
16. If one vomits inadvertently, the fast does not break if it
is mouthful. Likewise if the vomit turns back inside
unintentionally and is mouthful,
17. Intentionally vomiting less than a mouthful,
18. If a person swallows the traces of food that remain
between his teeth from the pre-dawn meal, it does not
break the fast provided it is less than the size of a
chickpea.
19. Chewing something like sesame that comes from
outside the mouth until it melts, does not break the fast
provided the taste does not appear in the throat.
20. Applying perfume does not break the fast. It is not
permitted to deliberately inhale the smoke of loban or
incense whilst fasting. It is also not permitted to smoke
cigarettes or inhale its smoke.
21. Brushing the teeth without tooth paste or powder, e.g.,
using a miswak, etc.
Recommended Acts (Mustahabb t) in Fasting:
1. To partake of the pre-dawn meal (suhur) before Fajr
time arrives.
2. To delay this meal to a little before Fajr time.
3. To break the fast immediately after sunset on a day
where there is no obstruction or clouds in the sky.
4. To break ones fast with dry or fresh dates if available.
If dates are not available, then with water.
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5. To make the intention at night and prior to the dawn.
That which is Disliked (Makruh) for the Fasting Person:
1. To chew gum, rubber, plastic items or other such things
(F: which are chewed, but not swallowed, and nothing
reaches the stomach, for otherwise the fast would be
broken).
2. To taste any article of food or drink and spit it out (F:
without anything being swallowed). If a woman has a
very ill tempered husband, it is permissible for her to
taste the food, provided it does not go down her throat.
3. To collect ones saliva in the mouth and then to
swallow it, trying to quench thirst.
4. To delay a bath that has become obligatory
intentionally until after Fajr time.
5. Kissing and caressing while fasting, if one is not sure of
himself about having orgasm or sexual intercourse as a
result of such acts.
6. To use paste or tooth powder to clean ones teeth. It is
permitted to use a miswak of any permissible fresh
branch or root (tooth stick). [If one wishes to use
toothpaste, one should brush ones teeth before the fast
begins.]
7. To complain of hunger and thirst.
8. To perform any act which is believed to weaken one
from fasting, such as cupping, acupuncture and bloodletting.
9. To take the water too far up the nostrils when cleaning
the nose.
10. To gargle more than necessary (because if any water
goes down the throat, even accidentally, the fast is
invalidated).
11. To quarrel, argue, use filthy or indecent words.
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12. To backbite, tell a lie and swear are sinful acts even
when one is not fasting. Therefore they are worse when
fasting.
That which is Not Disliked (Makruh) for the Fasting
Person:
The following are not disliked when fasting;
1. Kissing and caressing, if one is sure that it will not lead
to an orgasm or intercourse
2. Rubbing oil onto the moustache
3. The application of antimony in the eyes
4. Cupping or acupuncture
5. Blood-letting
6. To use Misw k at the end of the day even if the
Misw k is moist or wet with the water
7. Rinsing the mouth or nostrils for other than Wudu
8. Taking a bath or shower
9. Dressing in wet clothes to cool down
That which Break the Fast and Require only Making it Up:
1. If he ejaculated on account of a kiss or touch, then
making up the fast is due upon him. There is no harm
in kissing if he feels himself safe, but it is disliked if he
does not feel safe.
2. Making up the fast is due, but not expiation, for
someone who had intercourse in other than the private
parts and ejaculated.
3. If a female is coerced to indulge in sexual intercourse.
4. If one has intercourse forgetting he is fasting, and then
after remembering, continues to have sexual intercourse
intentionally.
5. An orgasm due to sexual intercourse with a dead
woman or beast or an orgasm caused by rubbing the
genitals between the thighs of someone or by rubbing
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them on the abdomen of someone or due to kissing,
touching, or masturbation will not impose the expiation,
though the fast is void.
6. A sleeping woman being subjected to sexual
intercourse.
7. The dripping of anything into the female sex orgon.
8. Inserting a finger which is wet with water or oil into the
anus or inner part of the vagina.
9. Inserting a piece of cotton into the anus or the inside of
vagina to the extent that it disappears.
10. If the person fasting eats raw rice, flour, or wheat grain.
11. If a person eats a mouthful of salt.
12. Eating earth that contains no medical benefit and not
being in habit of eating it.
13. To eat the stone of a fruit, cotton or paper.
14. To eat the uncooked quince or raw quince.
15. Eating an unripe walnut.
16. Swallowing a pebble, piece of metal, dust or earth.
17. Whoever had an anal enema, or applied nose-drops, or
ear-drops, or treated a torn belly or a skull-fracture with
medicine such that it reached his body cavity or his
brain, his fast is broken.
18. If rain or snow water enters the throat, and is swallowed
by accident.
19. If one accidentally breaks his fast with the water used
for gargling, in that it seeps down ones throat.
20. If a married woman or slave breaks her fast for fear of
falling ill because of the duties she performs.
21. If water is poured into the inside of a person who is
sleeping.
22. Eating on purpose after eating forgetfully.
23. If a person eats after making his intention of fasting in
the day (not overnight).
24. If a person begins the day as a traveller and then intends
residence and thereafter breaks his fast by eating.
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25. If a person becomes a traveller after starting the day as
a resident and thereafter breaks his fast by eating.
26. If a person abstains from eating with no intention of
fasting and no intention of breaking the fast.
27. If a person intended to form his intention of fasting in
the day, but he eats forgetfully before making his
intention in the day.
28. If one deliberately made himself vomit even it was less
than a mouthful.
29. If a person intentionally returns a mouthful of vomit
back inside.
30. If someone had pre-dawn meal (suhur) or sexual
intercourse thinking the dawn had not yet risen, or
broke his fast thinking the sun had set, and then it
turned out that the dawn had risen, or that the sun had
not set, makes up that for the fast of day, but there is no
expiation due on him.
31. If a person breaks his fast believing that the sun had set,
when it had not set.
32. If smoke is intentionally inhaled into the throat.
33. If a person eats the food that is stuck between his teeth
the size of a chickpea.
34. Someone who lost consciousness in Ramadan does not
make up the day on which the loss of consciousness
occurred, but he makes up that which came after it.
35. If an insane person regained sanity with part of
Ramadan remaining, he makes up what passed of it.
36. If one suffers from insanity for the entire period of
Ramadhan, he is not liable to make up the days even if
he only recovers at night or during the day after the
time for intention has passed.
37. If a woman menstruates, she stops fasting and makes up
fasting for the days of menstruation.
38. Whoever enters into an optional fast, or an optional
prayer, and then spoils it, makes up for it.
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That which Break the Fast and Require both Making Up
for it and Expiation (Kaffarah):
There are twenty-two things, which if performed willingly and
intentionally without being compelled, results in the
termination of the fast and requires a compulsory making up
for it as well as expiation to atone for the violation. They are:
1. Eating or drinking whether it is for nourishment or for a
medical benefit
2. Swallowing rain water after it enters the mouth
3. Eating raw meat, even if it is damaged (if the meat is
worm infested, it does not necessitate expiation)
4. Eating fat
5. Eating jerked meat (dried meat)
6. Eating a seed of wheat and chewing it
7. Swallowing a seed of grain, sesame or something of the
like, from outside the mouth
8. Eating beneficial types of soil such as Armani
9. Eating soil that is non-beneficial, such as dry earth,
provided one is in the habit of eating it
10. Eating a small amount of salt
11. Swallowing the saliva of ones wife or friend (not of
other than the wife and friend)
12. If a person eats something intentionally after backbiting
or after cupping
or after touching his wife
or after kissing with desire
or after sleeping near his wife lustfully kissing her
without ejaculating
or after applying oil on his moustache (because he
believes that such acts have terminated his fast,
then he is liable for expiation and to make up the
fast)
13. A female who willingly has sexual intercourse with her
husband who was forced to have intercourse with her
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What Excuses the Expiation?
The expiation is excused if during that same day a
female receives her menstrual period or she gives birth and is
in the state of postnatal bleeding or during the same day the
person is afflicted with an illness, one that allows the breaking
of the fast.
Expiation is not excused if one is forced to travel in the same
day after it has already been imposed on him.
Expiation:
The expiation is like the expiation for the offence of equating
the wife with the mother in a legally prohibited manner (zihar)
and that is:
The freeing of a slave, be it male or female, who is
physically and mentally sound, even if the slave is a
non-believer
And if one is unable to free a slave, then he is to fast
two consecutive months, and these two months must
not coincide with the two Eid days or the days of
Tashriq
If one is unable to fast, then he is to feed sixty
unfortunate people twice for lunch and dinner (it is
important that the same sixty people are fed twice)
It is also permitted to give each poor person half a
measure (sa) of wheat which is equal to 1.6 kgor flour
or one measure of dates or barley which is equal to 3.2
kg. The value of the above in cash may be given to
each of the sixty persons.
One expiation suffices for sexual intercourse committed on
many days or for the act of eating on many days throughout
Ramadhan even though these offences are on days of
Ramadhan of two different years. This is provided that the
expiation does not fall between two violations.
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If, however, an expiation has occurred between two acts
(offences), then one expiation will not suffice.
There is no expiation for spoiling a fast in other than
Ramadan.
Excuses:
Breaking Fast:
It is permissible to break ones fast, for one who is ill
and fears aggravation in his illness or a delay in his
recovery.
It is permitted to break the fast if one suffers unbearable
thirst or hunger in which he fears his demise or that he
may lose his mind or senses.
The fear that is considered genuine allowing one to
break his fast is that which is based upon ones
predominant belief through past experience or on the
information from an Islamic physician who is skilful
and upright.
The Traveller:
The traveller is legally permitted to break the fast. However, to
fast is better provided it will not harm him or her, and provided
that most of his companions accompanying him are also fasting
and that each person is funding his own expenses separately,
though if they are sharing the expenses of the travel or are not
fasting, then it is better to break the fast and be in accordance
with the group.
One who breaks fast:
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146
is preferable, but it is permissible if he does not fast and
makes up for it later,.
3. The pregnant or nursing woman, if they fear for their
children, do not fast and make up for it, and there is no
expiationdue upon them.
Refraining from Eating:
It is necessary to refrain from eating during the day;
If a person breaks his fast (and he is liable for the day)
If a woman becomes pure from her menstrual periods
or postnatal bleeding straight after the true dawn (and
she is liable for the day)
If a boy attains puberty after true dawn
And if a non-believer accepts Islam after true dawn
Making Up for Missed Fasts:
1. The making up of missed Ramadan fasts may be
performed separately or consecutively.
2. If one delayed it until another Ramadan entered, he
fasts the second Ramadan, and makes up for the first
after it, and there is no expiationdue upon him.
3. If the illor the traveller dies while they are in that
condition, making up for it is not incumbent upon
them. But, if the ill person recovers, or the traveller
takes up residence, and then they die, making up for it
is incumbent upon them for the extent of the health or
residence.
Redemption (Fidyah):
1. The aged frail person (male or female) who is not
capable of fasting does not fast, and for every day he or
she feeds a poor person, just as one feeds in expiations,
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provided they have no hope of recovery to fast even a
single day until their death.
2. Whoever died with fasts of Ramadan due upon him or
her, and bequeathed for it, their guardian or heir, on
theirbehalf, feeds for every day one poor person: half a
sa` of wheat, or one sa` of dates, or one sa` of barley or
the equivalent in cash.
[3 lbs (approx. 1.6 kg) of wheat or 7 lbs (approx. 3.2
kg) of barley or dates]
Those Who Vowed to Perform Good Deeds (Nadhr):
1. If one vows to perform good deeds, he must fulfil what
he promised, provided three conditions are met;
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6. Promising to perform a voluntary prayer or fast is valid
and after one vows to perform them, they become
mandatory to perform.
7. If one vows an unspecified promise (Nadhr Mutlaq),
then he must fulfil his vow. Likewise, if one vows a
conditional promise (such as, if Allah grants me a son,
I will fast for three days), then he also must fulfil the
vow upon the occurrence of the condition or event.
8. Vowing to fast on the Eid days and Tashriq days is
valid so if one fast on these days is valid, though it is
unlawful. (But it is necessary to break the fast and
make up the days later)
9. Specification of the time and place as well as the
specification of a dirham (money) and a person is
disregarded in Islamic Law. If one vows to give
particular money or feed a particular poor person, one is
not obliged to do so, since these specifications in a vow
are not binding, though the act itself must still be
carried out. So if one promises to fast the month of
Shaban and instead fasts the month of Rajab, it is
valid. Likewise, if a person vows to perform two
rakahs in Makkah and instead prays them in another
city, it is permitted and valid.
10. If one makes his vow conditional, then its performance
before the fulfilment of the condition is not valid.
Seclusion (Itik f)
Itik f means to remain in a mosque where the five daily
prayers are performed in congregation with the intention of
devoting oneself to Allah Most High. It is a means by which
one can draw nearer to Allah Most High. The one who makes
the intention for Itik f turns away from the life of this world
and seeks the Mercy and Forgiveness of Allah Most High.
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Itikaf for a female is the mosque of her home, which a place
she has designated for prayer in her home.
Types of Itikaf:
There are three types ofItikaf:
1) the Wa jib Itika f, which one has vowed to observe
(Itikaf of Nadhr) and its minimum duration is one day
and night,
2) the emphasised Sunnah (SunnahMu'akkadah) Itik a f,
which is observed during the last ten days of
Ramadhan, and
3) the recommended (mustahabb) Itikaf, which is
observed when one enters a mosque with the intention
of devoting oneself to Allah Most High alone, even for
a short period or even if one does this while walking
through the mosque.
For the SunnahMu'akkadah Itik f, one must start the Itik f
before the sunset prayer (Maghrib) of the 20th day of
Ramadh n, and must complete it on seeing the new moon of
Eid al-Fitr.
1. Seclusion is praiseworthy. It comprises remaining in
the mosque, with fast and the intention of seclusion.
2. Fasting is essential for Wajib and Sunnah Itikaf only.
Prohibited Acts during Seclusion:
It is prohibited for the secluded one:
to have sexual intercourse
to touch with lust
to kiss
If the secluded one has sexual intercourse or has an
orgasm as a result of kissing or touching with lust, by
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night or day, intentionally or forgetfully, his seclusion
is nullified.
When the Secluded One can Exit the Mosque?
1. He should not exit from the mosque except for a human
need (answering the call of nature, making Wudu',
ghusl and the like), or for Jumu`ah prayer. In addition,
one may leave the mosque because of necessity such as
collapse of the mosque, or if he is coerced by an
oppressor or because his family members have been
separated and he is required to attend them.
2. If he fears for himself, or for his belongings from a
rebel, then he is permitted to leave the mosque and
enter another mosque immediately.
3. A woman who observes Itik a f in her home is not
permitted to leave the place which has been fixed for
Itikaf, in the same way that a man is not permitted to
leave the mosque. She will perform Itikaf at the place
where she performs her daily prayer. (If the woman
does not have a place specified for prayer, she may
select any place that she will use as the place for prayer
and remain there for Itikaf purposes.)
4. If one exits the mosque for any duration of time without
a valid exuse, the Wajib and Sunnah Itikaf becomes
invalid and the voluntary type of Itikaf is deemed over.
Acts Permitted for the Secluded One:
1. For someone in Itikaf, there is no harm in eating,
drinking, sleeping, buying or selling in the mosque
without bringing the goods there.
2. He is permitted to form a contract for the purpose of
trade for himself or his family.
3. He should speak only well, and is to engage in
beneficial discussion and learning.
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Disliked Acts for the Secluded One:
1. Bringing items of trade to the mosque for the purpose
of trade
2. To form a contract for the purpose of trade
3. To maintain complete silence if one believes it is an act
that will bring him closer to Allah the Most High.
Obliging Oneself:
1. Whoever obligated upon himself seclusion for a
number of days is obliged to seclude himself for them
along with their nights, and the days are consecutive,
even if he did not stipulate consecutiveness.
2. One who vows two days in seclusion must also remain
for two nights
3. If a person forms an intention specifically for the days
without the nights, it is valid.
Itik a f is a spiritual retreat which is legal and permissible
through Quranic text and the tradition of the Prophet (Allah
bless him and grant him peace), so one should busy himself
with spiritual works, for example, reciting the Quran,
performing prayers, especially those which one must makeup
for, and learning Islamic Sacred Law (shariah). One should
also keep far away from vulgarity, and useless speech. Itikaf
is from the most honourable actions, provided it is performed
with sincerity to Allah the most High. From the benefits and
merits of Itikaf is the heart being separated from the worldly
matters while submitting to the Master of the whole universe.
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The Chapter of
Zakah
153
Zaka
t is obligatory subject to five conditions:
Being Muslim,
Be free (not a slave)
Having reached the age of puberty (not a minor)
Being sane (who is mentally sound)
Be in possession of the nisab (complete minimum
amount, with complete ownership) such as gold, silver,
merchandise for business, crops, cattle, etc.
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2.
3.
4.
5.
or currency
Livestock that graze on pastures (i.e. camels, cows,
buffalos, sheep and goats. According to Imam Abu
Hanifah (may Allah have mercy on him) Zakat is due in
horses
Merchandise, or trade stock that is equal to the value of
the nisab
Crops and fruit plants
Treasure troves (gas, oil, coal etc.)
Nisab:
Nisab refers to the minimum amount of wealth upon which
Zak t is due. If a person owns and possesses this minimum
amount for a complete lunar year, he is obliged to pay Zak t.
The Nis b of Gold, Silver & Currency:
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requires 2.5 % to be paid even if it is very little. The
two do not await the 4 additional mithqals for gold and
nor the 40 additional dirhams for silver.]
Zakat on Livestock:
Its conditions:
There are three conditions which obligate Zak t on livestock;
1. A year to pass over the cattle while they are in the
possession of their owner
2. The cattle to reach the nisab (nis b is calculated on
cattle in number and not in value)
3. The cattle must graze the whole year or most of it in
pastures. If the cattle graze or eat from what the owner
has grown or paid for (such as hay) then the Zak t is
not obligatory to paid
Zak t on Camels:
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producing offspring (if he acquires them to ride on or
to transport luggage on, there is no Zak t due upon
them)
Method of Paying Zak t:
The method of paying Zak t upon horses is the choice of the
owner; if he wants, he may give one din r for every horse, or
if he wishes, he may value them and pay five dirhams for
every two hundred dirhams of the total value of the horses.
(This works out to be 2.5 %). Imam Abu Yusuf and Imam
Muhammad (may Allah have mercy upon them) said that there
isno Zak t due on horses at all.
Zak t on Trade Stock:
All things that one uses for trade, even if they are pasturing
animals, crops or fruit, fall under this category.
The goods used for trade is to be evaluated at the end of every
lunar year. If their value reaches the nisab of gold or silver,
then one is required to pay 2.5 % of the value. It is valued
according to whichever of the two is more beneficial for the
poor, helpless and destitute (i.e. the nisab value of whichever
is less).
Zak t on Crops & Fruits;
Imam Abu Hanifah (may Allah be pleased with him) said that
any crop which the earth grows requires Zak t or Ushr (a
tenth of harvest) to be paid for it, except firewood, bamboo
and grass, whether it is a small or large amount, or whether it
was irrigated by flowing water or sky water, or whether it can
be stored in storage (such as seeds, cotton or saffron) or
cannot be stored (such as vegetables or fruit).
Imam Abu Yusuf & Imam Muhammad (may Allah have
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mercy one them) said that Zak t or Ushr is not due on crops
when two conditions are met:
That the crop is of such a nature that it can be stored
for a year
That the harvest reach the level of nisab
When the conditions are met, the Zak t for harvest is five
awsuq (950 kilogrammes) and one wasaq is equal to sixty sas
according to the sas of the Prophet (Allah bless him and grant
him peace).
It has been agreed upon that this is not a condition for a lunar
year to pass on harvest before paying the Zak t.
Likewise, all Imams agreed that if the vegetables and fruits are
grown from the sky water for the majority of the year, the ratio
of Zak t is 10% and if the crops are irrigated then the ratio of
Zak t is 5% on the total harvest.
Zak t on Treasure:
A quantity of precious metals, gems, or other valuable objects
is defined as treasure (such as gold, silver, etc.).
If a Muslim or non-Muslim citizen of a Muslim state finds
treasure in the land subject to tax or Ushr, an immediate Zak t
of 20% is due on it.
The Zak t from treasure is to be added with the war booty and
distributed for the general benefit of the Islamic country. This
Zak t is not to be spent on the poor and the destitute, or on the
other recipients of Zak t.
Zak t on debts
There are three types of debts:
1. Strong debt
2. Moderate debt
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3. Infirm/Weak Debt
1) Strong debt is that which a lender gives to a debtor on the
condition that he will receive back the same category of
wealth as the debtor borrowed; such as the debtor will pay
back in the form of currency if he has borrowed the
currency, likewise he will pay back the trade stock if he has
borrowed the trade stock etc. If the Lender declares that
the debtor owes a certain amount of debt but the debtor
denies that he owes that debt and the Lender has legal
witnesses of the debt then upon receiving the
quantum/zakatable amount (nisab) of the debt, the Lender
is obliged to pay the Zakat accordingly for the whole owed
time period. Likewise, the Lender is obliged to pay the
Zakat accordingly for the whole owed time period if the
debtor declares that he has borrowed the certain amount
from the lender. The quantum for Zakat in this category is
40 dirhams. So when the creditor receives 40 dirhams he is
to pay 1 dirham (2.5 %).
2) Moderate debt is that which is not from the kinds of trade
stock such as the price of wearing clothes, the price of
serving slaves, or the price of residential house etc. The
Zakat is not due on the lender until he receives the quantum
(zak a table amount) of the debt from one of the owed
categories. For this type of debt the creditor will also pay
Zakat for the whole owed time period according to the most
correct view.
3) Infirm/weak debt is that which has not been owed against a
valuable item or wealth such as that property which one
receives as a result of will, or the money which one
receives as a dowry or a ransom one receives from his wife
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for divorcing her (badl khula), or a retaliation
compensation for a murder (diyat) etc. In all these cases
the receiver will pay Zakat when a lunar year passes after
receiving it and this the view of Imam Abu Hanifah (may
Allah have mercy on him). Imam Abu Yusuf & Imam
Muhammad (may Allah have mercy on them) maintain that
one is to pay zak a t for all three types of debts upon
receiving it accordingly whether one receives the quantum
of debt or less or more.
Note:
A person is not obliged to pay zakat for the wealth which he
owns but is not in his possession such as a slave that has
escaped or property, a valuable which has been lost or a
treasure that was buried but now he has forgotten the place of
burial or a debt for which one has no witnesses.
The second division of debts
Again there are two kinds of debts.
1. One is a debt whose Lenders hope to receive back,
meaning debts on parties who are capable of payment.
Zakat is obligated on this category of debts yearly, as if
they were property under control.
2. Second kind of debts is doubtful or dead debts, which
are debts on individuals who are incapable of
repayment or are denied by debtors, the lender does not
owe any zakat whatsoever and the debt when paid back
starts a new year of zakatability, which is the view of
Imam Abu Hanifah and his two disciples Imam Abu
Yusuf & Imam Muhammad (may Allah have mercy on
all of them).
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Those Who May Receive Zak t:
Allah, the Exalted, says,
"Alms are only for the poor, the destitute, those who
collect them, those whose hearts are to be reconciled to
the truth, for (mukatab) slaves, debtors, and those in the
Path of Allah, and the wayfarer; an ordained obligation
from Allah. And Allah is all Knowing, all Wise."
(Surat at-Tawbah, 9:60)
These, then, are eight categories, out of which:
1. The Poor: is one who has the least of things which do
not amount to a nis b.
2. The Destitute: is one who has nothing. So the
circumstances of a destitute person are worse than that
of a poor person.
3. The State Zak t-Worker: is paid by the Imam in
proportion to his work, if he worked.
4. Those whose hearts are to be reconciled to the truth
(i.e. new Muslims) this category is no longer
applicable for Zak t, from the time of the caliphate of
Sayyiduna Abu Bakr Siddique (may Allah be pleased
with him), because Allah has granted honour to Islam
and has freed it of their need.
5. Slaves: the mukatabs are assisted in freeing themselves
(the mukatabs are the slaves who make an agreement
wtih their masters, in that if they pay a fixed amount of
wealth to their master, they will be freed).
6. The Debtor: is one on whom a debt is incumbent and
is unable to settle it.
7. Striving in the Path of Allah: is a soldier cut off from
his troop or a pilgrim cut off from his group.
8. The Wayfarer: is one who has money in his homeland, but is in a place in which he has nothing.
These, then are those entitled toof Zak t.
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Conditions for the Recipients:
The above-mentioned are the eight categories of recipients of
Zak t if they meet with these conditions:
One is a Muslim
One is not to be the father, grandfather, however high
One is not to be thechild, grandchild, however low
One is not to be his own wife
One is not to be his mother, grandmother, however high
The wife is not to pay it to her husband, according to
Imam Abu Hanifah (may Allah have mercy on him) but
Imam Abu Yusuf & Muhammad (may Allah have
mercy on them) said that she may pay it to him.
The possessor may pay some to each of them, or he may
restrict himself to one category.
Those Not Eligible for Receipt of Zak t:
1. It is not permissible for one to give Zak t to a dhimmi,
(non-Muslim citizen of a Muslim state)
2. Nor may a mosque be built with it,
3. Nor may a dead person be shrouded with it,
4. Nor for the debt of the deceased,
5. Nor may a slave be bought with it to be freed,
6. Nor may it be payed to the slave of a rich person,
7. Nor the son of a rich person if he is minor,
8. Nor his slave in his ownership,
9. One does not pay Zak t to the Banu H shim and they
are;
The descendants of Ali
The descendants of Abb s
The descendants of Jafar
The descendants of Aqil
The descendants of H rith ibn Abdul Muttalib
The freed slaves of the Banu H shim
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Miscellaneous Rules:
1. There is no Zak t obligatory upon a child, nor an
insane person, nor a muk tab (a slave who has
contracted to buy his freedom).
2. There is no Zak t obligatory upon anyone who has a
due debt encompassing the money he owns. But, if his
money is more than the debt, he pays Zak t on the
excess if it reaches nis b.
3. It is valid for one to pay the Zak t in advance before
the year has passed over it, ifhe possesses nis b.
4. Zakat is waived if thewealth is destroyed after the
obligation of Zak t has become due.
5. Zak t is due (in various proportions) on: gold, silver,
cash, trade-goods, freely-grazing livestock kept for
milk, breeding or fattening: camels, cows, sheep and
goats, produce (excluding firewood, reeds and grass),
buried treasures and metals.
There is no Zak t due on:
residential homes,
clothes to wear,
household furniture,
riding-beasts,
slaves in service,
weapons of use.
6. It is not valid to offer Zak t without an intention
coinciding with the payment, or coinciding with the
settingaside of the obligatory portion.
7. One who gave all of his wealth in charity without
intending the payment of Zak t, its obligation is waived
from him.
8. Imam Abu Hanifah and Imam Muhammad (may Allah
have mercy on them) said: If one pays Zak t to a man
whom one thinks to be poor, and then it transpires that
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he is rich, or a Hashimi, or an unbeliever, or if one paid
it in darkness to a poor person, and then it transpired
that he was his father or his son, then repeating it is not
obligatory upon him.
Imam Abu Yusuf (may Allah have mercy on him) said:
Repetition is obligatory upon him.
If one paid it to a person, and then he learned that he is
his slave or his mukatab, it is not valid according to the
verdict of them all.
9. It is not permissible to pay Zakat to anyone who
possesses the nisab of whatever type of wealth it may
be. It is permissible to pay it to anyone who possesses
less than that, even if he is healthy and earning.
10. It is disliked to transfer Zak t from one land to another;
rather the alms of each people should be distributed
amongst them, unless a person transfers it to his
relatives, or to a people who are more in need than the
people of his own land.
Sadaqat al-Fitr:
Obligation:
1. Sadaqat al-Fitr (or fitrah) is W jib on the free Muslim,
if he is in possession of the quantity of nisab in excess
of his dwelling, clothing, furnishings, horse, weapons
and slaves of service.
2. He gives it out on behalf of himself, his minor children
and his slaves. He does not pay it on behalf of his wife,
or his adult children, even if they are in his household.
He does not pay it on behalf of his muk tab slave, or
his slaves who were acquired for trade. There is no
fitrah due on either of the two co-masters of a slave . A
Muslim master pays the fitrah on behalf of his
unbelieving slave.
3. The obligation of the fitrah is attached to the rise of the
dawn on the Day of Eidal-Fitr. So, whoever dies before
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that, his fitrah has not become W jib. Whoever accepts
Islam, or is born, after the rise of the dawn, his fitrah
has not become W jib.
Payment:
The fitrah is:
half a sa of wheat, or one sa of dried dates or raisins
or barley. The sa according to Imam Abu Hanifah and
Imam Muhammad (may Allah have mercy on them) is
8 Iraqi ritls.
[1 sa is a volume of 2.03 litres, and corresponds to
approximately 3,261.5g. (1 sa ~ 4 mudd; 1 mudd ~ 2
ratl; 1 ratl ~ 20 istar; 1 istar ~ 4 mithqal)
so half sa is equall to 1.63 kg while one sa is equal to
3.2615 kg.
It is permitted to pay Sadaqat al-Fitr in cash in the
currency of and according to the value of the country
one generally resides in.
The Time of Payment:
It is recommended for people to pay the fitrah on the
Day of Eid al-Fitr before going out to the place of
prayer. If they pay it in advance before the Day of Eid
al-Fitr, it is valid, and if they delayed it beyond the Day
of Eid al-Fitr, it is not waived, and it is still an
obligation upon them to pay it.
The Recipients of Sadaqah:
The recipients of Sadaqat al-Fitr are the same recipients as
those of Zak t (the poor, the destitute, those who
collect Zak t, those whose hearts are to be reconciled to the
truth, for (mukatab) slaves, debtors, and those in the Path of
Allah, and the wayfarer).
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A person may restrict the total Sadaqah to one of these
categories even if all the other types of recipients are present,
or he may spread out his payment to all the categories.
Likewise, everyone may pay the same person, or they may
spread it out to all the categories.
Note:
It is disliked to transfer the collected wealth (of Zak t &
Sadaqah) to another city even if the distance between the two
cities is less than that which one needs to become a traveller,
unless ones relative resides in the other city, people who are in
greater need, one who is stricter in adherence to the religion or
one who is more beneficial to the Muslims through teaching.
The best manner is to pay Zak t and Sadaqah to ones closest
relatives, followed by the next closest relative and so on. After
that, it is the neighbours, then the people of his area, then those
who are in the same profession as him and then the people of
his state (i.e. fellow citizens).
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The Chapter of
Hajj
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Pilgrimage (Hajj)
Definition;
Linguistically, Hajj means to intend something great. In the
Shariah, it means to visit a specified place, and to perform
specific actions in a specified manner at a specific time. The
specified places are the sacred House of Allah (Kabah in
Makkah) and the Mount Arafah, while the specific actions are:
the circumambulation (tawaf) of the Kabah, the circuits
between the Safa and Marwah and the Standing at Arafah. As
for the specific time, it is the month of Hajj (Dhul-Hijjah).
Obligation of Hajj:
Hajj is obligatory once in a lifetime upon a person who
meets six conditions:
1. Islam one who wants to perform Hajj must be a
Muslim
2. Maturity - it is not obligatory on a child
3. Sanity - one must be of sound mind
4. Freedom - the slave and prisoner is not obliged to
perform Hajj
5. Capability of affording provision and transportation, in
excess of ones dwelling, of that which is essential, and
the maintenance of ones family (wife, children,
servants) until his return
6. Having knowledge that Hajj is obligatory this
condition is for those new Muslims who accept Islam in
the land of the enemy (Dar al- Harb)
The obligation of Hajj is based on the verses of the Quran, the
Sunnah of the Prophet (Allah bless him and grant him peace)
and the Ijma (consensus) of the scholars.
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Conditions for Performance:
A person wanting to perform Hajj must meet three conditions:
1. Sound health one must be free from illness, such as
chronic illness, physical disability or old age,
(however, they are required to send others to perform
Hajj on their behalf if its performance is due on them)
2. Safety of the route the route to Makkah be safe
3. The female must be accompanied by her husband or a
mahram (a person whom a woman cannot marry at
anytime in her life whatsoever such as her father,
brother, son, etc.). If the mahram does not agree to
accompany her unless she covers his expenses, then she
must afford his expenses.
Note: If a youth attains maturity, or a slave is freed, after
entering Ihr m, and they continue thus, it does not suffice them
for the Hajj of Islam.
Conditions for the Validity:
There are three conditions which make the Hajj valid and they
are:
1. State of Ihr m; that is the combination of the intention
and the uttering of the Talbiyah
2. Performing the Hajj in the specified time (the time of
Hajj is the month of Shawwal, Dhul-Qadah and the
first ten days of Dhul-Hijjah, and it is prohibitively
disliked to enter the state of Ihr m for Hajj before this
time)
3. To not indulge in sexual intercourse prior to the
standing at Arafah
Pillars of Hajj:
There are two pillars of Hajj:
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1. The Standing at Arafah, even for a moment (the time of
Standing at Arafah begins when the sun declines from
midday on 9th Dhul-Hijjah until the dawn of 10th
Dhul-Hijjah)
2. To perform the Taw f al-If dah (az-Ziy rah) after the
Standing at Arafah. (If one performs the majority of the
seven circuits, it suffices as a completion of the pillars)
Fard Rites in Hajj:
The following are obligatory for Hajj:
1. Ihr m, before any of the other rites.
2. Standing at Arafah, for at least a moment, any time
between the declining of the sun on 9th Dhul-Hijjah,
and the dawn of the 10th.
3. Taw f of Visiting (al-If dah or az-Ziy rah), after the
Standing at Arafah, with intention.
4. Maintaining the order between the Fard acts (Ihr m,
then the Standing at Arafah, and then the Taw f)
5. Keeping away from sexual intercourse before the
Standing at Arafah.
W jib Acts in Hajj:
1. Standing at Muzdalifah, for at least a moment after
dawn on the 10th of Dhul-Hijjah.
2. Say (Running between Saf and Marwah)
3. Pelting the Jamar t
4. Farewell Tawaf (al-Wid or as-Sadr), for other than
menstruating women and the residents of Makkah.
5. Cutting or shaving the hair of the head within the
Haram, within the Days of Sacrifice (Qurb ni or Nahr).
6. Not delaying Ihr m beyond the Miq t
7. Keeping away from transgressions beyond the
restrictions of the Ihram (i.e. sexual intercourse after the
Standing, wearing sewn garments, covering the head or
face).
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8. Prolonging the Standing at Arafah until after sunset and
after the Imam has begun issuing forth.
9. Delaying Maghrib and Isha until one reaches
Muzdalifah
10. Not delaying the Taw f of Visiting (az-Ziyarah)
beyond the Days of Sacrifice
11. Beginning Taw f from the Black Stone (al-Hajar alAswad)
12. Performing Taw f counter-clockwise
13. Performing Taw f around the Hatim
14. Walking in Taw f, for one who has no excuse to not
walk
15. Being in a state of purity during Taw f
16. Covering the nakedness during Taw f
17. Performing two rakahs after Taw f
18. Beginning Say from Saf
19. Walking in Say, for one who has no excuse not to walk
20. Performing Say after a valid Taw f
21. Slaughtering a ewe (a female sheep) or similar, for one
performing Tamattu or Qir n
22. Maintaining the order between pelting, slaughtering and
cutting hair
Sunnah Acts in Hajj:
The following acts are Sunnahin Hajj;
1. To take a bath before entering the state of Ihr m
2. To wear two new clothes (known as izar- waistwrapper] and rida (upper garment)
3. To utter the Talbiyah frequently with an audible voice
4. The Taw f of Arrival (al-Qudum)
5. To start the Tawaf from the Black Stone
6. To perform Ramal in Taw f al-Qudum and Tawaf azZiy rah (Ramal is known as walking defiantly, taking
short steps and moving shoulders in the first three
circuits around the Kabah)
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7. To run between two green pillars during the Say of
Saf and Marwah
8. To invoke blessings upon the Holy Prophet (Allah
bless him and grant him peace after wearing Ihr m
9. To recite Allahu Akbar and la ilaha illaLlah at the
first sight of the Kabah
10. To drink the water of Zamzam and to pour it over the
head and body
11. To cling to the Multazam (a place between the Black
Stone and the door of the Kabah) placing ones chest
and cheeks on it, crying and supplicating to Allah
(Most High)
12. To perform voluntary Taw f as often as possible
13. It is Sunnah for the imam to deliver a sermon in
Makkah on the 7th of Dhul-Hijjah, in Araf t on 9th
Dhul-Hijjah, and in Mina on 11th of Dhul-Hijjah
14. To leave Makkah for Min after sunrise on 8th DhulHijjah and to stay there overnight
15. To spend the nights at Min during the stay at Min
16. To leave Mina for Arafat on the morning of 9th DhulHijjah
17. To take a bath for the Standing at Arafah
18. To spend two nights in Mina after the 10th and 11th
nights of Dhul-Hijjah
19. To descend from the mount in the valley of Muhassab
20. To slaughter an animal (one who performs the Ifr d
Hajj)
The Sites (Maw qit) of Ihr m:
1. The Maw qit (Singular: Miqat) are the specified sites
which it is not permissible for a person to pass except in
the state of Ihr m, and they are:
for the people of Madinah and those who passing
through Madinah: Dhul-Hulayfah
for the people of Iraq, Iran, Khurasan, etc and those
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2.
3.
4.
5.
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Permissible Acts in Ihr m:
There is no harm in:
1. performing ghusl
2. entering a bath-house
3. taking shade under a house, or a canopy
4. tying a money-belt around his waist.
Recommended Acts inIhr m:
One should recite the Talbiyah abundantly, after Sal h, and
whenever one climbs an elevated place, or descends into a
valley, or meets riders, and in the last part of the night.
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6. One touches the Black Stone whenever he passes by it,
if he is able to, and he ends the Tawaf with touching it.
7. Then, he proceeds to the Maq m (Station) of Prophet
Ibrahim and prays two rakahs at it, or wherever he is
able to in the Mosque.
This is the Taw f of Arrival (Taw f al-Qudum). It is Sunnah
and not obligatory.
There is no Taw f of Arrival due upon the people of
Makkah.
If the one in Ihr m did not enter Makkah, and instead
set out for Arafat directly, and stood there according to
what we shall mention, the Taw f of Arrival is waived
for him, and he is not liable to do anything for having
omitted it.
The Say:
1. Then, one sets out to Saf . He climbs onto it, faces the
Qiblah, pronounces takbir and tahlil, invokes blessings
on the Holy Prophet (Allah bless him and grant him
peace), and supplicates to Allah for his needs.
2. Then, he descends calmly in the direction of Marwah.
3. Then, when he reaches the middle of the valley, he runs
between the two green posts.
4. He proceeds until he comes to Marwah, and then he
climbs onto it and does as he did on Saf .
This is one round, and he performs seven such rounds, such
that he begins at Saf and ends at Marwah at the end of his
seventh round.
Then, if performing Ifr d, he stays in Makkah in the state of
Ihr m, performing Taw f whenever one desires.
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Going Out to Min :
1. Then, when it is one day before the Day of Tarwiyah,
the imam delivers a sermon in which he teaches the
people the details of going out to Mina, Salah in Arafat,
the Standing, and the Ifadah.
2. Then, when one has prayed Fajr on the Day of
Tarwiyah (8th of Dhul-Hijjah) in Makkah, he goes out
to Mina and stays there until he prays Fajr on the Day
of Arafah (9th of Dhul-Hijjah).
3. Then, one sets out to Araf t, and stays near the
Mountain of Mercy (Jabal ar-Rahmah).
Arafah:
1. Then, when the sun declines on the Day of Arafah, the
imam leads people in Zuhr and Asr prayers, starting
with a sermon in which he teaches people the details of
the Standing at Arafah and Muzdalifah, the Pelting
Stones at the Jim r, the Sacrifice and the Taw f of the
Visit (Ziy rah).
2. The imam leads the people in Zuhr and Asr prayers in
the time of Zuhr, with one Adh n and two Iq mahs.
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180
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Stoning the Jamar t:
1. Then, one returns to Mina and stays there.
2. When the sun has declined from the middle of the sky
on the second day of Sacrifice, one pelts the three
Jamar t,
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2. Then, performs Taw f of the House, seven circuits, not
performing ramal in them.
3. This is the Taw f of Leaving, and it is W jib, except
for the residents of Makkah.
4. Then, one returns to his family.
Special Regulations for Women:
The woman is, in all of the above, the same as the man, except
that:
1.
2.
3.
4.
5.
6.
7.
Hajj Qir n
Qira n means to merge both Hajj and Umrah with the one
Ihram.
Qiran, according to us, is better than both Tamattu and Ifrad.
The manner of Qiran is as follows:
Umrah Components:
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1. That one pronounces the Talbiyah for both Umrah and
Hajj from the Miqat, performing after ones two cycles
of Sal h: Allahumma inni uridul-Hajja wal-umrata
fa-yassirhuma li wa-taqabbalhuma minni.
2. Then, when one enters Makkah, heproceeds to perform
Taw f of the House, seven circuits, performing ramal
in the first three of them.
3. One performs say after that, between Saf a and
Marwah.
These are the actions of Umrah.
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camel, or one seventh of a camel. This is the sacrificial
animal of Qiran.
2. If one does not have anything to slaughter, he fasts
three days in the Hajj, the last of them being the Day of
Arafah.
If he has missed the fasting by the time the Day of
Sacrifice arrives, nothing but the sacrificial animal
suffices him.
Then, one fasts seven days when he returns to his
family, but if he fasts them in Makkah after he has
completed the Hajj, it is valid.
Hajj Tamattu
Linguistically, Tamattu means comfort and luxury. In the
Shariah, Tamattu means to wear Ihr m exclusively for
Umrah from the Miq t in the time of Hajj and upon completion
of Umrah, one adopts Ihr m for Hajj.
1. Tamattu, according to us, is better than Ifrad.
2. There are two methods of performing Tamattu:
Tamattu in which one sends a sacrificial animal, and
Tamattu in which one does not send a sacrificial
animal.
3. The residents of Makkah do not perform Tamattu, or
Qiran; they specifically only perform Ifrad.
4. Whoever entered Ihr m for Umrah before the Months
of Hajj, and performed less than four circuits for it, and
then the Months of Hajj entered, such that he then
completed it, and then entered Ihram for Hajj, is in the
status of Tamattu. However, if he performed four
circuits or more of the Taw f for his Umrah before the
Months of Hajj, and then performed Hajj that same
year, he is not in the status of Tamattu`.
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The method of Tamattu is as follows:
Components of Umrah:
1. That one starts at the Miq t, and entersIhr m for
Umrah.
2. One enters Makkah, and performs Taw f for Umrah.
One ceases the talbiyah when he begins the Taw f.
3. One performs say, and then shaves or shortens his hair.
4. He now comes out of the state of Ihram of his Umrah.
He remains in Makkah, outside the state of Ihram.
Components of Hajj:
1. Then, when it is the Day or Tarwiyah (8th DhulHijjah), one enters Ihram for Hajj from the Mosque (of
the Haram).
2. One does as the pilgrim of Ifrad does.
The Sacrificial Animalof Tamattu:
1. The sacrificial animal of Tamattu is obligatory upon
him.
If he does not find the means to sacrifice then he fasts
three days in the Hajj and seven days when he returns
from Hajj.
2. If the one performing Tamattu desires to send a
sacrificial animal, he enters Ihram and sends the
sacrificial animal. If it is a camel, he garlands it with a
haversack, or leather.
He marks the camel, according to Imam Abu Yusuf
and Muhammad (may Allah have mercy on them), in
the following manner: he rends its hump from the
right side. According to Imam Abu Hanifah (may
Allah have mercy on him), one does not rend it if it
will be harmful to the animal.
186
3. Then, when one enters Makkah, eperforms Taw f and
say, but does not come out of Ihr m. He remains in
Ihr m until he enters Ihr m for Hajj on the Day of
Tarwiyah, although if he entered Ihram before that it is
valid but a sacrificial blood is then obligatory upon him.
4. Then, when he shaves his head on the Day of
Immolation, he has thereby freed himself from both
Ihr ms.
5. If the one performing Tamattu returned to his family
after his completion of Umrah and had not sent a
sacrifical animal, his Tamattu` is invalidated.
i.
ii.
187
2. If he wore a sewn garment, or covered his head
If it was for a complete day, then a sacrificial blood
is due upon him.
If it was less than that, then sadaqah is due upon him.
3. Shaving or cutting hair
If he shaved one fourth or more of his head, then a
sacrificial
animalis
due
upon
him.
If he shaved less than one fourth then sadaqah is due
upon him.
If he shaved the areas of bloodletting then a
sacrificial animalis due upon him, according to Imam
Abu Hanifah (may Allah have mercy on him). Imam
Abu Yusuf and Imam Muhammad (may Allah have
mercy on them) said: sadaqah is due upon him.
4. Clipping the nails
If he clipped the nails of both his hands and both his
feet, then a sacrificial animalis due upon him.
If he clipped them from one hand or one foot, then
still a sacrificial animalis due upon him.
If he clipped less than five nails, distributed between
his hands and his feet, then sadaqah is due upon him
according to Imam Abu Hanifah and Imam Abu
Yusuf (may Allah have mercy on them). Imam
Muhammad (may Allah have mercy on him) said: a
sacrificial animalis due upon him.
5. If he applied perfume or shaved hair or wore sewn
garments due to some excuse, then he has the choice :
If he wishes, he may slaughter a ewe (a female
sheep), or
If he wishes, he may give 3 sa`s of food as sadaqah to
sixty destitute people, or
If he wishes, he may fast 3 days.
188
Sexual Transgressions:
1. If one kissed, or touched with lust, then a sacrificial
animalis due upon him.
2. Whoever had intercourse in either of the two passages
before the Standing at Arafah,
his Hajj is nullified, and
sacrifice of a ewe is due upon him, and
he continues the Hajj in the same manner as one
who has not nullified his Hajj,
a making up of the Hajj is due upon him.
He is not required to part from his wife when he makes
up the Hajj.
3. Whoever has intercourse after the Standing at Arafah,
his Hajj is not nullified, but the sacrifice of a she-camel
is due upon him.
4. If he had intercourse after shaving the head on the Day
of Sacrifice then the sacrifice of a ewe is due upon him.
5. Whoever has intercourse in Umrah before performing 4
circuits of Taw f
189
Transgressions in Taw f:
1. Whoever performed the Taw a f of Arrival inhadith
(minor ritual impurity), sadaqah is due upon him.
If he performed this Taw f in janab h (major ritual
impurity) then sacrifice of a ewe is due upon him.
2. Whoever performed the Taw f of Visiting with hadath,
the sacrifice of a ewe is due upon him.
If he performed this Taw fin jan bah then sacrifice
of a she-camel is due upon him.
It is better for him to repeat the Taw f, as long as
he is still in Makkah, and there is no slaughter of a
ewe due upon him in that case.
3. Whoever perfomed the Farewell Taw f in hadath,
sadaqah is due upon him.
If
he performed this Tawaf in jan bah, then the
sacrifice of a ewe is due upon him.
4. Whoever omitted 3 circuits or less from the Taw f of
Visiting, the sacrifice of a ewe is due upon him.
If
he omitted 4 circuits or more he remains in the
state of Ihram indefinitely, until he performs them.
5. Whoever omitted 3 circuits of the Farewell Taw f,
sadaqah is due upon him
190
1. Whoever omitted the say between Saf and Marwah,
sacrifice of a ewe is due upon him, but his Hajj is
complete.
2. Whoever left Arafah before the imam, a sacrificial
animal is due upon him.
3. Whoever omitted the Standing at Muzdalifah, a
sacrificial animal is due upon him.
4. Whoever omitted the Pelting of the Jamar t on all the
days, a sacrificial animal is due upon him.
191
2. The recompense, according to Imam Abu Hanifah and
ImamAbu Yusuf (may Allah have mercy on them), is
that he determines the price of the game in the place
where he killed it, or in the closest of places to it if it
was in the wilderness.
The price is determined by two upright people.
3. Then, one has the choice concerning the price:
If
he wishes, he may buy a sacrificial animal with
the amount and slaughter it, if it reaches the price of
a sacrificial animal, or
If he wishes, he may buy food with it, and give it as
sadaqah; to every destitute person half a sa of
wheat, or one sa of dates or barley, or
If he wishes, he may fast one day in lieu of each
halfsa` of wheat and one day in lieu of every sa of
barley.
4. Then, if there remains less than a halfsa of the food, he
has the choice:
If he wishes he may give it as sadaqah, or
If he wishes, he may fast a full day in lieu of it.
5. Imam Muhammad (may Allah have mercy on him)
said: For game, an equivalent is obligatory for that
which has an equivalent. So,
for the gazelle, a ewe is due,
for the hyena, a ewe,
for the rabbit, a she-kid,
for the ostrich, a she-camel, and
for the jerboa, a four-month old kid.
6. Whoever killed game whose meat may not be eaten,
such as carnivorous animals and the like, recompense is
due upon him, andits price does not exceed a ewe.
7. If a carnivorous beast attacked one in Ihr m, such that
he killed it, then there is nothing due upon him.
8. If one in Ihr m was compelled to eat the flesh of game,
such that he killed it, then recompense is due upon him.
192
9. There is no harm if the one in Ihr m slaughters a ewe,
cow, camel, chicken, duck or tame Kaskari duck.
10. If he killed a trousered-pigeon, or a tamed gazelle, then
recompense is due upon him.
11. If one in Ihr m slaughters game, his slaughtered meat is
carrion; it is not permissible to eat it.
12. If one in Ihram sells game, or buys it, the sale is void.
13. There is no harm if one in Ihr m eats the flesh of game
hunted and slaughtered by someone not in Ihr m,
provided the one in Ihr m neither directed him to it and
nor ordered him to hunt it.
Other Hunting Transgressions:
1. Whoever wounded game, or plucked out its hair, or cut
a member from it, is liable for that which he has
diminished from it.
But, if he plucked out the feathers of the wings of a
bird, or cut the legs of a game, such that it became
incapacitated, then its entire price is due upon him.
2. Whoever broke the egg of a hunted bird, its price is due
upon him.
If a dead chick emerged from it, then its price is due
upon him as if it was alive.
3. There is nothing due for killing a crow, kite, wolf,
snake, scorpion or rat.
4. There anything due for killing a gnat, mosquito or tick.
5. Whoever kills a louse gives as sadaqah whatever he
wishes.
6. Whoever kills a locust gives in charity whatever he
wishes, and a date is better than a locust.
193
194
someone who will take it on a particular day on which
to slaughter it, and then he leaves the state of Ihr m.
If he was performing Qiran, he sends two sacrificial
animals.
3. It is not permissible to slaughter the sacrificial animalof
Ihsar anywhere other than in the Haram, according
toImam Abu Hanifah (may Allah have mercy on
him). ImamAbu Yusuf and Muhammad (may Allah
have mercy on them) said: It is not permissible for the
one prevented from Hajj to slaughter any time other
than in the Days of Sacrifice, but he who is prevented
from Umrahmay slaughter whenever he wishes.
Make-up Requirements:
1. A Hajj and Umrah are due upon the one prevented from
Hajj when he leaves the state of Ihr m.
2. One prevented from Umrah is required to make up for
one Umrah.
3. A Hajj and two Umrahs are due upon the prevented one
who was performing Qir n.
Removal of the Prevention:
If the one prevented sent a sacrificial animal, and arranged with
them to slaughter it on a particular day, and then the prevention
was removed, then:
If he is able to reach the sacrificial animal and the Hajj,
it is not permissible for him to come out of Ihr m, and
he is obliged to continue.
If he is able to reach the animal, but not the Hajj, he
leaves the state of Ihr m.
If he is able to reach the Hajj, but not the sacrificial
animal, it is permissible (by istihs n) for him to come
out of Ihr m.
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Faw t:
1.
2.
3.
4.
Umrah
1. Umrah is valid throughout the year, except for five days
in which performing it is disliked (Makruh) :
the Day of Arafah (9th Dhul-Hijjah),
the Day of Sacrifice (10th Dhul-Hijjah), and
the Days of Tashriq (11th, 12th, 13th of DhulHijjah).
2. Umrah is Sunnah.
3. It is made up of:
Ihr m
Taw f
Say
Shaving or cutting the hair.
Obligatory Acts in Umrah:
Ihr m
Taw f
196
W jib Acts in Umrah:
Say
Shaving or trimming the hair
Procedure of Umrah:
One adopts Ihr m before entering the Miq t and perform two
rakats of Sunnah for the Ihr m. One then makes the intention
of Umrah and pronounce Talbiyah. Then he departs towards
Makkah reciting the Talbiyah. He enters the Holy Sanctuary
(al-Masjid al- Har m), with the right foot through the gate
(preferably through B b as-Sal m) first, reciting the Talbiyah.
He performs Taw f with Idtiba and ramal. He performs two
rakahs behind Maq m Ibrahim. He visits Maq m alMultazam and drinks Zamzam water. He performs say
between Saf and Marwah and shave or trim the hair of his
head.
197
A lame animal, such as cannot walk to the place
of sacrifice.
5. A ewe is permissible for everything, except in two
cases:
One who performed the Tawaf of Visiting in
jan bah, and
One who had sexual intercourse after the
Standing at Arafah.In these two cases, only a
she-camel suffices.
6. A she-camel and cow each suffice for seven people, if
each one of the partners intends devotion. So, if one of
them intended only to obtain meat through his share, it
does not suffice the remaining six.
Benefitting from Sacrificial Animals:
1. It is permissible to eat from the meat of the sacrificial
animals of extra reward, Tamattu` and Qir n. It is not
permissible to eat from the remaining types of
sacrificial animals.
2. One should give its covering and halter in charity, and
not pay the butchers fee from it.
3. One who sends a camel, and then is forced to ride it, he
rides it, but if one can do without that, then one does
not ride it.
4. If it has milk, one does not milk it. One sprinkles cold
water on it udders so that the milk ceases from
dripping.
Preparation and Slaughter:
1. It is not permissible to slaughter supererogatory,
Tamattu` or Qir n sacrificial animals at any time except
on the Day of Sacrifice. It is permissible to slaughter
the remaining types of sacrificial animals at any time
one wishes.
198
2. It is not permissible to slaughter sacrificial animals
anywhere except in the Haram.
3. It is permissible to give it in charity to the destitute of
the Haram and others.
4. It is not obligatory to take the sacrificial animals to
Arafah.
5. Supererogatory, Tamattu and Qiran sacrificial animals
are garlanded, but the sacrificial animal of Ihs r and the
sacrificial animalof transgressions are not garlanded.
6. The best method of slaughtering camels is to pierce the
base of their necks (nahr), while for cows and sheep the
best is to slaughter them across the throat (dhabh).
7. The most appropriate is that a person take care of
slaughtering the animal himself, if he knows how to.
Replacement:
1. One who sends a sacrificial animal, which then dies :
If it was supererogatory, then another is not due
upon him.
If it was in compensation for a W jib, then he must
set another in its place.
2. If it is afflicted with a severe defect, one sets another in
its place, and does as one wishes with the defective one.
3. If a she-camel dies on the way :
If
it was supererogatory, he pierces the base of its
neck, daubs its collar with its blood, and strikes with
it one of its sides. He does not eat from it himself,
nor do other well-off people.
If it was obligatory, one sets another in its place, and
does as he wishes with the first.
199
200
Sacrifice (Udhiyah)
Obligation:
Sacrificing an animal is Wajib on every free, resident,
well-off Muslim, on the Day of Sacrifice, for himself
and on behalf of his minor children.
1. He slaughters on behalf of each of them a ewe, sheep,
goat or he slaughters a camel, a cow or buffalo on
behalf of 7 people.
2. There is no sacrifice due upon the poor, or the traveller.
3. The time for sacrificeenters with the rise of dawn on the
Day of Sacrifice, except that it is not permissible for the
inhabitants of cities to slaughter until the imam has
performed the Eidprayer. As for the inhabitants of rural
areas, they may slaughter after Fajr. It is permissible to
slaughter on three days: the Day of Sacrifice, and two
days immediately thereafter.
Slaughter:
1. One does not sacrifice :
a blind animal
a one-eyed animal
a lame animal such as cannot walk to the place of
sacrifice
An emaciated (thin and weak) animal.
An animal that is missing most of its ear or tail.
An animal missing most of its teeth such that it
cannot eat properly.
2. The preferable slaughter is in the neck and upper chest.
3. The best is that one slaughter ones sacrificial animal
with ones own hand, if one knows how to slaughter.
4. It is disliked for one of the People of the Book
(monotheistic Jew, Christian or Sabian) to slaughter it.
201
5. If two men made a mistake, such that each of them
slaughtered the sacrificial animal of the other, it
suffices them both, and there is no liability on either of
them.
Benefitting from the Sacrifice:
1. One may eat from the meat of the sacrifice, feed the
rich and poor, and also store.
2. It is recommended that the portion given in charity is
not less than one third.
3. One gives its skin in charity, or makes from it some
item to be used in the house.
Slaughtering
Conditions for Slaughtering:
1. The slaughter of a Muslim or a Kit bi (monotheistic,
Jew, Christian or Sabian) is permissible to eat.
202
them) said: it is essential to cut the trachea, the
oesophagus and one of the two jugular veins.
203
Methods of Slaughter:
1. Domesticated animals must be slaughtered, and wild
livestock may be wounded as in hunting.
2. The recommended technique for camels is piercing,
but if one slaughters them, it is valid but disliked.
3. The recommended technique for cows and sheep is
slaughtering, but if one pierces them, it is valid but
disliked.
Hunting
Permissibility:
1. The game of a Zoroastrian, apostate or idolater may not
be eaten.
2. It is permissible to hunt those animals whose meat may
be eaten, and also those which may not be eaten.
If one slaughters that whose meat may not be
eaten, its flesh and skin become pure, except for the
human and the pig-slaughter does not have any effect
on the human or the pigfor the purpose of usability.
Use of Animals:
1. It is permissible to hunt with a trained dog, panther,
falcon, or any other trained predatory animal or bird.
The training of a dog is: that it refrains from eating
three times.
The training of a falcon is: that it returns when you
call it.
2. If one sends his trained dog, falcon, or hawk, and
mentions the name of Allah, the Exalted, upon it at the
momentof sending, and then the animal seizes the prey
204
and wounds it, such that it dies, it is permissible to eat
it.
If the dog eats from it, it may not be eaten, but if the
falcon eats from it, it maybe eaten.
If the dog strangles (squeezes or constrict the neck
of, especially so as to cause death) the prey and
does not wound it, it may not be eaten.
If an untrained dog - or a Zoroastrians dog, or a
dog on which the name of Allah, the Exalted, was
not mentioned - participated with the trained dog in
the hunt, it may not be eaten.
3. If the sender reaches the prey alive, it is obligatory
upon him to slaughter it, and so if he refrains from
slaughtering it until it died, it may not be eaten.
Shooting:
1. If a man shoots an arrow at prey, and mentions the
name of Allah at the time of shooting, he may eat what
he strikes, provided the arrow wounded it so that it died
as a result. But, if he reaches it alive, he must slaughter
it, and so if he refrains from slaughtering it until it died,
then it may not be eaten.
If the arrow strikes and the animal struggles and
moves so that it disappears from him, but he
continues to pursue it until he findsit dead, it may
be eaten. But, if he refrained from pursuing it, and
then came upon it dead, it may not be eaten.
If he strikes quarrywhich then falls into the water
and dies, it may not be eaten.
Similarly, if it falls on an inclined surface or mountain,
and then tumbles down to the ground, it may not be
eaten, but if it falls to the ground initially, it may be
eaten.
205
If someone shoots a quarry, and strikes it without
incapacitating it or preventing it from escaping, and
then someone else shoots it and kills it, it is his and
may be eaten. But, if the first one incapacitates it
and then the second one kills it, it may not be eaten,
and the latter must reimburse the former for its price
less its wound .
2. That which a featherless arrow strikes with its breadth
may not be eaten, but if it wounds the quarry it may be
eaten.
That which is struck by a pebble may not be eaten if
it dies from that.
3. If one shoots at quarry and severs a piece from it, the
animal may be eaten, but the severed piece may not be
eaten. But, if he cuts it in thirds, and the major portion
is adjacent to the rump, then it may all be eaten. If the
major portion is adjacent to the head, the larger portion
may be eaten, but the lesser one may not.
Marriage (Nik h)
The Oral Form of Nikah:
1. The marriage is contracted by proposal and acceptance,
in two statements,
206
2. Marriage is contracted by the words of marriage,
wedding, and transfer of possession, gift, or charity.
Witnesses:
1. The marriage of Muslims is not contracted without the
presence of two free, adult, sane, Muslim male
witnesses, or one man and to women, whether they be
morally upright or non-upright, or even inflicted with
the prescribed punishment for afalse accusation of
unlawful sexual intercourse.
207
3. His sons or grandsons wife
4. Whoever commits fornication with a woman, her
mother and daughter become unlawful to him.
5. His triple-divorced ex-wife unless she has since
consummated her marriage with another husband after
him.
Prohibition by Suckling:
1. His fostermother
2. His foster sister
Prohibition of Combination:
1. He may not combine two sisters in marriage, nor as
slave-girls for intercourse;
If a man divorced his wife with an irrevocable
divorce, it is not permissible for him to marry her sister
until his wifes waiting period is over.
2. He may not combine a woman with her paternal or
maternal aunt, and nor with her niece (sisters daughter
or brothers daughter).
3. He may not combine two women who are such that, if
one of them was a man, it would not be permissible for
her to marry the other.
4. There is no objection to combining a woman with a
daughter a husband she had previously.
5. A free man may marry 4 free women or slave-girls, and
not more than that. If a free man divorces one of the
4wives with an irrevocable divorce, it is not permissible
for him to marry a new fourth wife until the waiting
period of the divorced wifeis over.
Prohibition by Religion:
1. It is permissible but disliked for a Muslim man to marry
women of the People of the Book, but it is not
208
permissible to marry Zoroastrian women and nor
idolatrous women.
2. It is permissible to marry Sabean women if they believe
in a prophet and affirm a scripture, but if they worship
the planets, and have no scripture, then it is not
permissible to marry them.
209
2.
3.
4.
5.
6.
210
7. If a woman marries and keeps her mahr (dowry) lower
than her peers then the wali has the right to object to
that, according to Imam Abu Hanifah (may Allah have
mercy on him), until the husband makes up the mahr of
her peers or separates from her.
8. If a father marries off his minor daughter and keeps her
mahr lower than her peers, or marries off his minor son
and exceeds in the mahr of his wife, it is valid for them,
but it is not permissible for other than the father and
grandfather.
9. It is valid for a paternal uncles son to marry the
daughter of his paternal uncle to himself.
If the woman gives permission to a man to marry her to himself
in the presence of two witnesses, the contract is valid.
lineage
religion
211
condition that the man marryoff his sister or
daughter to him, such that one of the contracts is in
exchange for the other, then both contracts are
valid, but each of the women is entitled to the mahr
of her peers.
2. The minimum mahr is 10 dirhams, and so if he named
less than 10, she is entitled to 10.
If a Muslim marries a woman for the mahr of wine
or pork, then the marriage is valid, but she is entitled
to the mahr of her peers.
If he marries her for the mahr of an undescribed
animal, the mentioning of such mahr is valid, and
she is entitled to a medium sized animal. The
husband has a choice: if he wishes, he may give her
that, or if he wishes, he may give her its value in
money.
If he marries her for the mahr of an undescribed
garment then she is entitled to the mahr of her peers.
If a free man marries a woman for the mahr of
service to her for a year, or for teaching her the
Quran, then she is entitled to the mahr of her peers.
3. The mahr of her peers is reckoned by consideration of
her sisters, paternal aunts and paternal uncles
daughters. It is not reckoned with reference to her
mother and maternal aunt if they are not of her tribe.
That which is taken into account in ascertaining the
mahr of her peers is :
that the two women are equalin age, beauty,
modesty, wealth, intelligence, religiousness, country
and time.
4. If he added to the amount of her mahr after the contract,
he is obliged to pay the additional amount, but it is
waived in the event ofdivorce before consummation.
If she waived some of her mahr from him, the waiver is valid.
212
Entitlement:
1. If a man is secluded with his wife, and there is no
hindrance from intercourse, and then he divorces her,
then she is entitled to the complete mahr this is a valid
seclusion. But, if one of them is ill, fasting in
Ramadh a n, in the state of Ihram for obligatory or
supererogatory Hajj or Umrah, or she is menstruating,
then it is not a valid seclusion.
If a castrated man is in seclusion with his wife, and
then divorces her, then she is entitled to the
complete mahr, according to Imam Abu Hanifah
(may Allah have mercy on him).
2. Whoever names a mahr of 10 dirhams or more, is
obliged to pay the named amount if he consummates
marriage with her or dies leaving her.
If he divorces her before consummation and
seclusion, then she is entitled to a half of the
named amount.
3. If he marries her and does not name a mahr, or he
marries her on the condition that she will have no mahr,
then she is entitled to the mahr of her peers if he
consummates with her or dies leaving her.
If he divorces
213
6. If the wali guarantees the mahr, his guarantee is valid,
and the woman has a choice between demanding it
from her husband or from her wali.
7. If a man marries a woman on a mahr of one thousand
being less than the mahr of her peers on condition that
he will not take her out of the country, or on condition
that he will not marry over her, then if he fulfills the
condition she is entitled to the named mahr. But, if he
marries over her, or takes her out of the country, then
she is entitled to the mahr of her peers.
Termination of a Marriage
Invalidation of a Marriage:
1. It is valid for a man and woman in Ihram to marry one
another in the state of Ihram.
2. Mutah marriage and marriage limited by time, are
invalid.
3. If the judge separates the two spouses of an unsound
marriage before consummation, then she is not entitled
to the mahr, and similarly after seclusion. But, if he
consummated the marriage with her then she is entitled
to the mahr of her peers, but it may not exceed the
named mahr. The waiting period is due upon her, and
the lineage of her child is established.
4. Whoever marries two women in one contract, one of
them not being lawful forhim to marry, the marriage of
the one who is lawful for him to marry is valid, and the
marriage of the other is invalidated.
Physical Defects:
1. If the wife has a defect, then her husband has no power
of choice.
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2. If the husband is afflicted with insanity, or white or
black leprosy, then the wife has no power of choice,
according to Imam Abu Hanifah (may Allah have
mercy on him) and Imam Abu Yusuf (may Allah have
mercy on them). Imam Muhammad (may Allah have
mercy on him) said: she has the power of choice.
3. If he is impotent, the judge adjourns him for a year, and
then if he reaches her during that time, the marriage
continues otherwise he separates them if the woman
requests that. The separation is an irrevocable divorce.
She is entitled to the full mahr if he had been in
seclusion with her.
The castrated man is adjourned just as the impotent one
is adjourned.
4. If the husband is a man with dissevered genitals then
the judge separates them immediately, and does not
adjourn him.
Acceptance of Islam:
1. If a woman accepts Islam and her husband is an
unbeliever, the judge offers Islam to him. Then, if he
accepts Islam, she is still his wife, but if he refuses the
judge separates them, and that is an irrevocable divorce
according to Imam Abu Hanifah and Imam Muhammad
(may Allah have mercy on them). Imam Abu Yusuf
(may Allah have mercy on him) said: it is a separation
without divorce.
2. If a husband accepts Islam with a Zoroastrian woman
under him, the judge offers Islam to her. Then, if she
ccepts Islam, she is still his wife, but if she refuses, the
judge separates them. This separation is not a divorce,
but if he had consummated the marriage with her, she is
entitled to the mahr. If he had not consummated
marriage with her then there is no mahr for her.
215
3. If a woman embraces Islam in Dar al-Harb, separation
does not take effect on her until she has menstruated
three menstrual periods. Then, when she has
menstruated thrice, she becomes separated from her
husband.
4. If the husband of a Kitabi (monotheistic Jew, Christian
or Sabian) woman embraces Islam, they continue upon
their marriage.
5. If one of the two spouses comes out to us from Dar alHarb as a Muslim, separation takes effect between
them.
6. If a woman comes out to us as an emigrant, it is
permissible for her to marry, and there is no waiting
period due upon her, according to Imam Abu Hanifah
(may Allah have mercy on him). But, if she is pregnant,
she may not marry until she delivers her baby.
7. If an unbeliever married without witnesses, or in the
waiting period of an unbeliever, and that is legitimate
according to their religion, and then they both
acceptIslam, they continue in it. But if a Zoroastrian
married his mother, or his daughter, and then they both
acceptIslam, they are separated.
Apostasy:
1. If one of the two spouses apostatises from Islam,
separation occurs between them without divorce. Then,
If the apostate is the husband, and he has
consummated with her then she is entitled to the
entire mahr.
If the woman is the apostate before consummation
then there is no mahr for her. But, if the apostasy is
after consummation, she is entitled to the mahr.
If they both apostatise together and then accept Islam
together then they continue upon their marriage.
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2. It is not permissible for an apostate to marry a Muslim
woman, an unbelieving woman, or an apostate woman.
Similarly, an apostate woman may not be married by a
Muslim man, or an unbeliever or an apostate.
3. If one of the spouses is Muslim then the child continues
upon his religion. Similarly, if one of the two spouses
embraces Islam and has a minor child, his child
becomes Muslim by his parentsIslam. If one of the two
spouses is a Kitabi and the other Zoroastrian then the
child is a Kitabi.
TREATMENT OF WIVES
1. If a man has two wives who are free-women, it is
obligatory upon him to be fair with them in the division
of nights, clothing, food and companionship, whether
they were both virgins, or both non-virgins, or one a
virgin and the other a non-virgin.
2. They have no right to division in travel. The husband
may travel with whomever of them he wishes, but the
more appropriate procedure is that he draws lots
between them, and then travel with whichever wife has
her lot drawn.
3. If one of the wives consents to forgo her share for her
co-wife, it is valid, andshe is entitled to revoke that.
Divorce (Tal q)
With the marriage, a woman becomes bounded to and under
the command of her husband, and the revocation or withdrawal
of this bondage makes the woman free from her husband; this
is called Tal q (Divorce).
Divorce is of three types;
)
1. The best form of divorce
(
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2. Sunnah form of divorce
(
)
3. Innovated divorce
( )
218
However, the Sunnah according to time is established only in
respect of the woman whose marriage was consummated; that
is when he divorces her once in the period of purity in which
he does have intercourse with her. That woman whose
marriage was not consummated after marriage may be divorced
in the stare of purity or menstruation.
Divorce of a Non-Menstruating Woman:
Miscellaneous Rules:
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2) Implicit Divorce
( )
1. Explicit Divorce (
)
The explicit divorce is when one uses clear and
unambiguous words such as:
You are divorced
You are a divorced woman
I have divorced you
By saying the above words, one revocable divorce takes
effect. With these words, an intention is not required
because only one divorce takes place, even if one intends
more than one.
If one says;
You are the personification of divorce ( )
()
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If he does not make a specific intention, it is one
revocable divorce and if he had intended two divorces,
only one divorce will take effect, and if he intended
three divorces by these words, then all three divorces
will take effect because the word Talaq refers to the
whole genus of the divorce and the maximum number
of divorce is three.
2) Implicit Divorce ( )
The implicit divorce is when one uses unclear, implied and
ambiguous words. Divorce only takes effect by these kinds
of words with the intention or with immediate indication.
This method of divorce is of two types;
i. Only one revocable divorce takes place if he uses the
following three wordings;
go into the waiting period
get to keep your womb free
you are single
ii. With all other unclear and ambiguous words, when one
intends to divorce with them, then only one irrevocable
divorce (Bainah) takes place. And if he intends all
three divorces, then all three take place. But if he
intends two divorces then only one takes effect. Some
unclear and ambiguous wordings are as follows:
You are free
I separate from you
Cover yourself
Seek out husbands for yourself
Join your relatives
You are Har m for me
If one has no intention of divorce, divorce does not take
place with these wordings, unless both implied divorces are
pronounced in a discussion of divorce. If both implied
divorces are not under discussion, but they are in a state of
anger and quarrel, divorce will take place with every
wording which is not meant for insult and abuse. The
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divorce will not take effect if the husband aims insult and
abuse with these wordings.
When someone divorces her by mentioning her entire body
or a part which is meant in entirety, then divorce takes
effect, like one says;
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Designation of Divorce:
The right of divorce belongs, in principle,to the husband. The
right of divorce, however, can be handed over to the woman
according to Islamic Law.
If one says to his wife, Choose yourself and by that he
intends divorce, or he says to her, Divorce yourself then she
may divorce herself as long as she is in the same session of
conversation. If she moves away from the session or she
begins doing something else, she loses her right of divorce.
If he says to her, Divorce yourself whenever you want then
she may divorce herself during that session or after it.
Retraction of Divorce:
In helping a couple to stay together to promote strong family
bonds, Islam gives the solution of retraction.
When a man divorces his wife with one or tworevocable
divorces, he may take her back during her iddah (waiting
period), whether the woman consents to that retraction or does
not consent.
The method of retraction is that when:
He says to her: I have taken you back, or
He says: I have taken my wife back, or
He has sexual intercourse with her
He kisses her
He touches her with lust
He looks at her vagina with lust
It is recommended for him to make two male witnesses for the
retraction, but if he does not make witnesses, the retraction is
still valid.
When the third menstrual period ceases in ten days, the
retraction period lapses and her iddah ends, even if she does
not take a bath. If, however, the bleeding ceases in less than
ten days, the retraction period does not end until she takes a
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bath, the duration of one prayer passes over her, or she
performs Tayammum and prays.
Revocable divorce does not prohibit sexual intercourse.
If it was a final divorce (B inah) of less than three divorces,
then he may marry her again during her waiting period (iddah)
or after the completion of her iddah.
Remarriage after the Third Divorce (Hal lah);
If one pronounces the divorce thrice for the free woman, or
twice for the slave woman, then she is not lawful for him until
she marries a husband other than him in a valid marriage who
comsummates the marriage with her and thereafter divorces
her or dies leaving her as his widow.
When someone marries her with the condition of rendering
her lawful for her former husband it is disapproved.
If an adolescent boy marries the irrevocably divorced woman,
consummates the marriage with her, then divorces her or dies,
she is free to marry her former husband.
Suckling
Period of Suckling:
1. A little and a lot of suckling is the same as far as
regulation is concerned. If it occurs in the period of
suckling, the ruling of prohibition is attached to it.
2. The period of suckling, according to Imam Abu
Hanifah (may Allah have mercy on him), is thirty
months. Imam Abu Yusuf and Imam Muhammad (may
Allah have mercy on them) said: two years.
3. Then, when the period of suckling has ended, no
prohibition is attached to suckling.
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4. In suckling, the testimony of women alone is not
accepted. Suckling is only established by the testimony
of two men, or a man and two women.
Mixing of the Milk with Other Substances:
1. If milk is mixed with water, and the milk is
predominant, prohibition is attached to it, but if the
water is predominant, prohibition is not attached to it.
2. If milk is mixed with food, prohibition is not attached
to it, even if the milk is predominant, according to
Imam Abu Hanifah (may Allah have mercy on him).
3. If milk is mixed with medicine and the milk is
predominant, prohibition is attached to it.
4. If milk is mixed with the milk of a ewe, and the human
milk is predominant, prohibition is attached to it, but if
the ewes milk is predominant, prohibition is not
attached to it.
5. If the milk of two women is mixed, prohibition is
attached to the predominantof the two, according to
Imam Abu Hanifah and Imam Abu Yusuf (may Allah
have mercy on them). Imam Muhammad (may Allah
have mercy on him) said: It is attached to them both.
Source of the Milk:
1. If milk is extracted from a woman after her death, and
an infant is fed with it, prohibition is attached to it.
2. If milk comes forth from a virgin, and she then suckles
an infant with it, prohibition is attached to it.
3. If milk comes forth from a man, and he then suckles an
infant with it, prohibition is not attached to it.
4. If two infants drink the milk of a single ewe, cow,
buffalo, or of anything other than a human, there is no
relationship of suckling between them.
225
Prohibitions through Suckling:
1. Suckling makes prohibited all that kinship makes
prohibited, except for
The
real mother of his foster-sister, and so he may
marry her, although he may not marry the mother of
his sister by kinship, and
The sister of his foster-son; he may marry her,
although he may not marry the sister of his son by
kinship.
2. The wife of his foster-son he may not marry, just as he
may not marry the wife of his son by kinship.
3. The wife of his foster-father he may not marry, just as
he may not marry the wife of his father by kinship.
4. A man may marry the sister of his foster-brother, just as
he may marry the sister of his half-brother by kinship.
That is, for example, like a paternal brother, if he has a
maternal sister; it is permissible for his paternal brother
to marry her.
5. Prohibition is attached to the milk due to a man, which
is that the wife suckles a girl, and so then this girl is
prohibited to the husband of her foster mother, and to
his fathers and sons. The husband from whom the milk
is derived becomes a foster-father to the suckled girl.
6. For any two infants that share a breast, it is not
permissible for one of them to marry the other.
7. It is not permissible for a suckled girl to marry any one
of the sons of the woman who suckled her, nor the sons
of her sons.
8. A suckled boy may not marry the sister of the fostermothershusband, because she is his foster-aunt.
9. If a man marries an infant girl and an adult woman, and
then the woman suckles the infant, they both become
prohibited to the husband. If he had not consummated
with the woman, then there is no mahr for her, but the
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infant is entitled to half the mahr. The husband may
claim it from the woman if she had deliberately used
that to invalide the marriage. If she had not done it
deliberately then there is nothing due upon her.
Oaths
Types of Oath:
Oaths are of three varieties:
1. A false oath
()
2. An enacted oath
()
3. A mistaken oath
( )
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Enactment of the Oath:
1. The deliberate and the coerced are equal in the
enactment of an oath.
2. Oaths are sworn
by Allah, the Exalted, or
by one of His names, such as Ar-Rahman or ArRahim. or
by one of His attributes, such as the Might of Allah,
His Majesty or His Grandeur and the like, except
for ones saying, "By Allahs Knowledge!" for that
is not an oath. If one swore by one of the Attributes
of Action, such as the Wrath and Displeasure of
Allah, he is not considered to have sworn an oath.
3. Whoever swears by other than Allah is not considered
to have sworn at all, such as if he swore by the Prophet,
the Quran, or the Ka`bah.
4. Swearing is affected by use of the letters of swearing,
and they are :
The w w, such as ones saying, "WaLl hi"
The b , such as ones saying, "BiLl hi"
The t , such as ones saying, "TaLl hi"
The letters may be concealed, in which case one is still
considered to have sworn.
5. If one says :
"Uqsimu" (I take an oath),or "Uqsimu BLllahi" (I
takes an oath by Allah), or
"Ahlifu" (I swear), or "Ahlifu BiLl hi" (I swear by
Allah),
then he is considered to have sworn. And, similarly
by his saying,
"Wa`AdiLlahiwa-Mith qih" (by the Covenant of
228
Allah and His Pact!), or
"Al Nadhr" (Upon oath!), or "Nadhrun LiLlahi"
(An oath to Allah!), or
"IfI do such a thing then I am a Jew, or a Christian,
or an unbeliever,"
1. then it is considered an oath.
6. If one says, "If I do such-and-such then upon me be the
Wrath of Allah!" or "I am an adulterer," or "A drinker
of wine," or "A consumer of interest," then he isnot
considered to have sworn an oath.
7. If one swore an oath but said, "If Allah wills," joined to
his oath, then no penalty for breaking it is due upon
him.
8. If one swore that he will not do such-and-such, then he
must refrain from it forever. But, if one swore that he
will surely do such-and-such, and then does it once, he
is freed from his oath.
Expiation of a Broken Oath:
The Form of the Expiation:
1. The expiation of an oath is:
Freeing a slave. There suffices for it that which
suffices in the expiation of Zih r, or
If one wishes, he may clothe 10destitute people,
giving each of them one garment or more, the
minimum of each being that in which Sal a h is
valid,or
If hewishes, he may feed 10destitute people, like the
feeding in the expiation of Zih r.
2. If one is not capable of any of these three things, one
fasts three consecutive days.
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When the Expiation becomes Due:
1. If one payed the expiation before the breaking of the
oath, it does not suffice him.
2. Whoever does the sworn actionunder coercion or
forgetfully is equal in the requirement for expiation to
one who did it deliberately and willingly.
Expiation Being Binding:
1. Whoever swore to commit an act of disobedience to
Allah, such as swearing that he would not pray, that he
would not speak to his father, or that he would certainly
kill so-and-so, it is essential that he break his oath and
expiate it.
2. If an unbeliever swore and then broke the oath in his
state of unbelief, or after his acceptance of Islam, there
is no penalty of breaking the oath upon him.
3. Whoever prohibited something upon himself which he
possesses, it does not become inherently prohibited, but
he must expiate the oath if he takes it permissible.
4. Whoever swore that he will surely ascend into the sky
or that he shall surely turn this stone into gold, his oath
is enacted, and he should expiate it thereafter.
Vows:
1. One who makes an unrestricted vow must fulfill it.
2. If one attached his vow to a condition, and then the
condition occurred, then he must fulfill the vow. But, it
has been narrated that Imam Abu Hanifah (may Allah
have mercy on him) revoked this verdict and said: If he
said, "If I do such-and-such then obligatory upon me is
a Hajj,fasting a year," or "giving what I own in
charity," then expiation suffices him for that, and that is
230
also the verdict of Imam Muhammad (may Allah have
mercy on him).
231
232
4. There is no objection to preparing juice in gourds,
earthenware, pitch-coated vessels, or hollowed wooden
vessels.
5. When wine turns to vinegar, it becomes permissible,
whether it turned to vinegar on its own, or because of
something cast into it. It is not repugnant to make it
into vinegar.
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After extensive research, the jurists have listed 22 parts that are
unlawful (prohibitively disliked - Makruh Tahreeman) to be
eaten. They are as follows:
1. the blood from veins
2. the gall bladder
3. the bladder
4. the flowing blood
5. the penis & vagina
6. the testicles
7. the glands
8. the spinal marrow
9. the two nerves/muscles between neck and shoulders
10. the liver blood
11. the spleen / milt blood
12. the blood from the meat after slaughter
13. the blood of the heart
14. the yellowish matter that exits the gall bladder
15. the flowing mucus from the nose
16. the anus
17. the stomach
18. the intestines
19. the sperm
20. the sperm that has turned into blood (Alaqah)
21. the sperm that has become a lump of flesh (Mud-ghah)
22. the foetus that was born dead or died after birth without
being slaughtered
The following books can be consulted on this issue for further
reference;
Al-Hidayah
Tanweer al-Absar
234
Ad-Durr al-Mukhtar
Ar-Radd al-Muhtar
Al-Fatawa al-Hindiyyah
Hashia at-Tahtawi alaad-Durr al-Muhtar
Al-Bahr al-Muheet
Hilyat al-Mahalli Sharh Munyat al-Musalli
235
Supplications
Supplications forRelieving Oneself:
Supplications in Wudu
While rinsing the mouth:
While washing the nostrils:
While washing the face:
While washing the right arm:
While washing the left arm:
While wiping the head:
While wiping the ears:
While wiping the neck:
While washing the right foot:
236
While washing the left foot:
Upon completion of Wudu:
): ( For the call to prayer of Fajr, one adds the following after
For the call to commencement of prayer (iqamah), one adds the following
): (
after
237
Ritual Prayer
The opening Glorification (Thana):
;)Seeking refuge with Allah from Satan (Taawwuz
Tasmiyah:
Opening Chapter (Surat al-Fatihah):
Surat al-Ikhlas (any other Surah can be recited):
;In the Bowing (Ruku) Position
;Qawmah
In the Prostration (Suj d):
;)Testimony of Faith (Tashahhud
238
Invoking Blessings:
Final Supplications:
Ending Salutation:
239
240
241
Glossary
Adhan
Arafah
Asr
Awrah
Ayah
Al-Baqi
Bait al-mal
Dhikr
Dhul Hijjah
Dirham
Eid
Eid al-Adha
Eid al-Fitr
Fard
Fasiq
Fatwa
Faqih
Fidyah
Fiqh
Ghusl
Hadath
Hadd
Hady
Hajj
Hajj al-Ifrad
Hajj al-Qiran
Hajj at-Tamattu
Halal
Haram
Haid
242
Hijaz
Ihram
Imam
Iqamah
Iqtida
Itikaf
Izar
Jamarah
Janabah
Mina
Miqat
Mahram
Marwah
Muhrim
Mushrik
Muzdalifah
Nafl
Najasah
Najis
Nisab
Prostration
Qiblah
Qunut
Rakah
Ramadhan
Ruku
Sadaqah
Safa
Sajdah
243
Salah
Say
Shaban
Shahadah
Shaheed
Shariah
Sujud
Sunnah
Sutrah
Tahajjud
Takbir
Talbiyah
Tarawih
Tashahhud
Tawaf
Tayammum
Umrah
Wali
Witr
Wudu
Zakat
Zakat al-fitr
ritual prayer
going between Safa and Marwah
the eighth month of Islamic calendar
to testify that there is no deity but Allah and
Muhammad is the messenger of Allah
a martyr
Islamic law
the position of prostration
the tradition of the prophet
a barrier placed in front while one prays
voluntary prayer at night
the saying of Allahu akbar
the calling of labbayk
the night vigil in the month of ramadhan
to testify the oneness of god and the prophet hood
of Muhammad in the last sitting of prayer
encircling the Kabah
dry ablution with the categories of the clean earth
the lesser pilgrimage
a guardian granted authority by the law
the three units of prayer offered after the isha
prayer
ablution
obligatory charity
charity paid on the day of Eid al-fitr
244
245
him) began to join the gatherings of lmam Hammad (may Allah have
mercy on him), (student of Anas bin Malik may Allah be pleased
with him), disposing of his works as a debater. For the next ten
consecutive years he remained the student of Imam Hammad (may
Allah have mercy on him). After two years, for a period of two
months Imam Hamma d took a sudden leave to Basra (due to his
relatives death) leaving Imam Abu Hanifah (may Allah have mercy
on him) to continue his works in Kufa. Imam Abu Hanifah (may
Allah have mercy on him) remained Imam Hammads student for a
further 8 years. He acquired 4000 Ahadeeth of the Holy Prophet
(blessing and peace be upon him) in which 2000 Aha deeth were
from Imam Hammad (may Allah have mercy on him) alone.
Im a m Abu Hanifah (may Allah have mercy on him) accepted
Ahadeeth upon 3 prominent principles;
1) Since the initial day of hearing the Hadith it is remembered
in its correct form to the very time of narration.
2) The Hadith must have been projected by the Holy Prophet
(blessing and peace be upon him) and narrated onwards via
wholly reliable persons.
3) Any Hadith which contradicted the Quran or other famous
Ahadeeth were unacceptable.
Kufa, at that time, was the greatest centre of Ah a deeth and
knowledge.
Thousands of Companions of the Holy Prophet
(blessing and peace be upon him) had resided there; more than one
thousand jurists were born in Kufa of which one hundred and fifty
were Companions of the Holy Prophet (blessing and peace be upon
him). Kufa, was where the ranked companion Abdullah ibn
Masud and Abu Hurairah (may Allah be pleased with both of them)
had previously resided. Imam Abu Hanifahs education was
achieved in such a reputed educational centre.
Imam ash-Shafi'i (may Allah have mercy on him) is recorded to have
stated: "All men of fiqh are Abu Hanifah's children" and "I would
not have acquired anything of knowledge had it not been for my
teacher. All men of knowledge are children of the scholars of Iraq,
246
who were the disciples of the scholars of Kufa, and they were the
disciples of Abu Hanifah."
His Dream:
Im a m Abu Hanifah (may Allah have mercy on him) frequently
dreamt that he was digging the Grave of the Holy Prophet (blessing
and peace be upon him). He asked Imam Muhammad ibn Sireen (a
great dream interpreter) about his dream. Imam ibn Sireen replied,
You will cause life to dead knowledge.
His Teachers:
He learnt from the prominent teachers of his time; i.e. Amir Ibn
Shurahbeel, Amir Shaabi Kufi, Alqama Ibn Marthad, Ziy a d Ibn
Ilaqa, Adi Ibn Thabit, Qat a da Basri, Muhammad Ibn Munkadir
Madni, Simak Ibn Harb, Qays Ibn Muslim Kufi, Mansoor Ibn Umar
etc. He also learnt from Ata bin Ribah in Makkah al-Musharrafah
who was a prominent student of Imam Baqir (may Allah be pleased
with him) and Imam Baqair learnt from Imam Jafar as-Sadiq (may
Allah be pleased with him). He travelled to Haramain Sharifain
many times.
His Students:
His prominent students include; Qadi Abu Yusuf, Muhammad Ibn
Hasan, Zufar Ibn Huzayl, Hammad Ibn Abu Hanifah, Abu Ismat
Mugheera Ibn Miqsam,Yunus Ibn Isha q, Abu Bakr Ibn Ayya sh,
Abdullah Ibn Mubarak, Ali Ibn Asim, Ja far Ibn Awn, Ubaydullah
Ibn Musa etc.
Literary Works:
Kit b-ul- th r narrated by Im m Muhammad al-Shayb ni
247
Musnad Im m al A'zam
Kit b ar-Rad alal Q diriyah
J mi al-Mas need
Characteristics:
The great Imam was as matchless and unique in character and
behaviour as he was in knowledge and education. His high moral and
great character gave pride and greatness to human character in the
same way as his upright thinking and vast knowledge has given a
line of action to the people up to the Day of Judgment.
For 40 consecutive years Imam Abu Hanifah (may Allah have mercy
on him) observed a nocturnal practice of performing Fajr prayer with
the ablution of Isha. Likewise, he used to complete 60 Qurans in
the month of Ramadha n. Even before observing sala h, he would
weep and supplicate before Allah. He never accepted a favour from
anyone and so was never indebted to anyone. On seeing Imam Abu
Hanifah (may Allah have mercy on him) a passerby avoided him
and took a different path. When Ima m Abu Hanifah (may Allah
have mercy on him) questioned as to why he did so, he replied that
he was ashamed of himself as he was Imam Abu Hanifahs debtor of
10 000 Dirhams. The mans humbleness over took the Imam and so
he forgave the repayment of the debt.
Trials:
During the reign of Ibn Hubaira Ima m Abu Hanifah rejected his
request of the post of Chief Justice as he did not want to collaborate
with the corrupt. As a result he was tormented by passing through
the city mounted upon a horse, whereby he was whipped 10 times a
day for eleven consecutive days.
During the reign of Abu Jafar Mansoor again the above request was
pledged, yet the Imam again rejected. So he was imprisoned and
violently beaten.
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Caliph Abu Jafar Mansoor again urged that the Im a m should
reconsider the request. Finally, the Ima m swore by Allah that he
would not accept. So he was lashed, shirtless 30 times, drawing
blood that seeped to his heels. He was again imprisoned, with
restricted rations for 15 days, after which he was forcefully made to
drink a poison that led to his martyrdom.
Departure:
In the last moment of his life he prostrated and passed away in the
state of prostration in Rajab 150 AH. Hassan ibn Amma rah the
judge of the city bathed him and remarked, You were a great
worshiper and jurist. You have disappointed the descendants to
achieve your position.
So many people attended his funeral prayer that the prayer was
repeated six times for more than 50,000 people. He was so popular
that for full twenty days people went on performing funeral prayer
for him. His shrine is visited in Baghdad (Iraq).
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