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Slide 1: ‫ا‬ ‫اا‬ In the Name of Allah, Most Gracious, Most Merciful Islaamic Sharia Law Based on Quraan, Sunnah and Ijtihaad A need for every single Muslim http://www.geocities.com/noor_ul_islaam For Free Download then Forward to as many as you can Islaamic_Sharia_Law.pdf Laws are NOT meant to be taken in one's own hand BUT meant for the state to establish Allah is One <---> Quraan is One <---> Siraat_ul_Mustaqeem is One One Ummah <---> One Islaam <---> One Voice <---> One Worshipping Method Revised-2006 Islaamic Sharia Law for the New Global World Those Rulers, Politicians or other persons having Authority, who don't take any interest on establishing Islaamic Sharia Law, based on Quraan and Authentic Sunnah may actually not be Believers in the view of Allah : … If any do fail to judge by (the light of) what Allah hath revealed, they are Unbelievers. (Al_Quraan_005.044) (You must need do the True Justice, at home, at work, in the court and in the assembly etc.) Islaamic_Sharia_Law.pdf Page 1 of 571
Slide 2: Table of Contents PREFACE ....................................................................................................................................................................... 6 COMPONENTS OF ISLAAMIC SHARIA LAW: ....................................................................................................... 7 1> 2> 3> 1> QURAANIC LAW ................................................................................................................................................... 7 FIQH-US-SUNNAH (AUTHENTIC HADEETH AND SUNNAH) ................................................................................... 7 IJTIHAAD (PROGRESSIVE REASONING BY ANALOGY), IJMAA (CONSENSUS), QIYAAS (ANALOGY) ........................ 8 QURAANIC LAW ................................................................................................................................................. 9 STATE AFFAIRS .......................................................................................................................................................... 12 1. SOVEREIGNTY / Command. ............................................................................................................................ 12 2. THE CODE OF LAWS IN AN ISLAMIC STATE is the Book of Allah (the Quraan). ....................................... 12 3. THE ENTIRE UMMAH SHALL TAKE PART IN THE GOVERNMENT. ......................................................... 13 4. SYSTEM BASED ON CONSULTATION........................................................................................................... 14 5. STANDARD FOR THE ASSIGNMENT OF RANKS. ........................................................................................ 14 6. THE STATE ADMINISTRATION...................................................................................................................... 14 7. THE DECISIVE WORD. ................................................................................................................................... 14 8. PARTY SYSTEM................................................................................................................................................ 14 9. RELIGIOUS HIERARCHY................................................................................................................................ 15 10. THE INGREDIENTS OF AN ISLAMIC STATE. ............................................................................................. 15 11. THE POSITION OF NON MUSLIMS IN AN ISLAMIC STATE. .................................................................... 16 12. INTERNATIONAL RELATIONS. .................................................................................................................... 17 13. TREATIES. ...................................................................................................................................................... 18 14. REBELLION.................................................................................................................................................... 18 GOVERNMENT AGENCIES ........................................................................................................................................... 21 INSTRUCTIONS FOR GOVERNMENT EMPLOYEES:....................................................................................... 21 JUSTICE....................................................................................................................................................................... 24 A> Basic orders about the enforcement of Justice................................................................................................ 25 B> Corporal punishment. ..................................................................................................................................... 28 C> Testimony (Evidence): .................................................................................................................................... 28 INJUNCTIONS .............................................................................................................................................................. 32 A> General injunctions for family life:................................................................................................................. 32 B> INJUNCTIONS - FAMILY LIFE (1): THE STATUS OF MAN AND WOMAN............................................... 32 C> INJUNCTIONS - FAMILY LIFE (2): RELATIONS BETWEEN HUSBAND AND WIFE............................... 33 REMOVAL OF A MISCONCEPTION .................................................................................................................. 48 INHERITANCE AND TESTAMENT.................................................................................................................................. 50 A> Testament:....................................................................................................................................................... 50 B> Inheritance: Revised by http://www.geocities.com/noor_ul_islaam ............................................................. 51 SEXUAL RELATIONS AND CRIMES .............................................................................................................................. 64 1. Adultery (Fornication). ..................................................................................................................................... 64 2. Sodomy and female to female manipulation...................................................................................................... 66 3. Preliminaries that incite adultery. .................................................................................................................... 66 4. Immodest actions............................................................................................................................................... 66 5. Pestering honourable women or spreading gossips about them....................................................................... 66 6. False accusation (Calumny). ............................................................................................................................ 67 7. Privacy. ............................................................................................................................................................. 67 8. Rebellious women. ............................................................................................................................................ 67 PROTECTION OF LIFE .................................................................................................................................................. 68 The importance of human life: .............................................................................................................................. 68 PROTECTION OF PROPERTY......................................................................................................................................... 70 1. Protection of property. ...................................................................................................................................... 70 2. Theft. ................................................................................................................................................................. 71 3. Loan. ................................................................................................................................................................. 71 4. Mortgage (Pledge). ........................................................................................................................................... 71 5. Riba (Interest on loan). ..................................................................................................................................... 72 Islaamic_Sharia_Law.pdf Page 2 of 571
Slide 3: 6. Trade (Selling). ................................................................................................................................................. 73 7. Breach of Trust.................................................................................................................................................. 73 TREATY (OBLIGATIONS)............................................................................................................................................. 75 THE PROHIBITED (FORBIDDEN (UN-LAWFUL) AND THE PERMITTED (LAWFUL) .......................................................... 76 INJUNCTIONS FOR SOCIAL LIVING .............................................................................................................................. 81 1. Moderation in expenses..................................................................................................................................... 81 2. Get-up. .............................................................................................................................................................. 81 3. Physical and Mental Capabilities. .................................................................................................................... 81 4. Conversation. .................................................................................................................................................... 81 5. Absurd and immodest talk................................................................................................................................. 81 6. Walking. ............................................................................................................................................................ 81 7. Thoughtfulness to ponder and to comprehend. ................................................................................................. 82 8. Spying................................................................................................................................................................ 82 9. Knowledge......................................................................................................................................................... 82 10. Social relations. .............................................................................................................................................. 82 11. Good behaviour............................................................................................................................................... 82 12. Co-operation (Mutual Assistance). ................................................................................................................. 83 13. Mutual Contacts.............................................................................................................................................. 83 14. Promise (Commitments).................................................................................................................................. 83 15. Visiting other people's homes.......................................................................................................................... 83 16. Etiquettes of assembly. .................................................................................................................................... 83 17. Jealousy........................................................................................................................................................... 83 18. Backbiting (Slandering). ................................................................................................................................. 83 19. Nicknaming others. ......................................................................................................................................... 83 20. Envy................................................................................................................................................................. 84 21. Jesting. ............................................................................................................................................................ 84 22. Public exposure of others................................................................................................................................ 84 23. Mistrust. .......................................................................................................................................................... 84 24. Ridiculing of Divine System. ........................................................................................................................... 84 25. Crooked reasoning.......................................................................................................................................... 84 26. Anger (Rage). .................................................................................................................................................. 84 27. Forgiveness. .................................................................................................................................................... 84 28. Self-Correction (Mending one's ways). ........................................................................................................... 84 29. Do not bully people with your virtues. ............................................................................................................ 84 RUMORS ..................................................................................................................................................................... 86 MISCELLANEOUS ........................................................................................................................................................ 87 A. Persecution. ...................................................................................................................................................... 87 B. Tyranny and excess........................................................................................................................................... 87 C. Conspiracy and secret counseling.................................................................................................................... 87 D. The mutual (Reciprocal) relations of individuals in the society....................................................................... 87 PERTAINING TO ECONOMY ......................................................................................................................................... 88 BASIC HUMAN RIGHTS ............................................................................................................................................... 92 THE RELATIONSHIP BETWEEN CRIME AND PUNISHMENT ........................................................................................... 95 Crime and Punishment.......................................................................................................................................... 95 2> FIQH-US-SUNNAH ............................................................................................................................................ 99 FIQH-US-SUNNAH, VOLUME 1: PURIFICATION.......................................................................................................... 101 FIQH-US-SUNNAH, VOLUME 1: ABLUTION (WUDU')................................................................................................. 112 FIQH-US-SUNNAH, VOLUME 1: GHUSL, THE COMPLETE ABLUTION........................................................................... 123 FIQH-US-SUNNAH, VOLUME 1: TAYAMMUM, THE DRY ABLUTION ............................................................................ 129 FIQH-US-SUNNAH, VOLUME 1: MENSTRUATION....................................................................................................... 132 FIQH-US-SUNNAH, VOLUME 1: PRAYER ................................................................................................................... 135 FIQH-US-SUNNAH, VOLUME 1: AZHAN, CALL TO PRAYER ........................................................................................ 144 FIQH-US-SUNNAH, VOLUME 1: PREREQUISITES OF THE PRAYER .............................................................................. 150 FIQH-US-SUNNAH, VOLUME 1: OBLIGATORY ACTS OF PRAYER ................................................................................ 154 FIQH-US-SUNNAH, VOLUME 1: SUNNAH ACTS OF PRAYER........................................................................................ 158 FIQH-US-SUNNAH, VOLUME 2: SUPEREROGATORY PRAYERS................................................................................... 176 FIQH-US-SUNNAH, VOLUME 2: NONSTRESSED SUNNAH PRAYERS (AS-SUNAN GHAIR AL-MU'AKKADAH).............. 181 FIQH-US-SUNNAH, VOLUME 2: THE WITR PRAYER .................................................................................................. 182 FIQH-US-SUNNAH, VOLUME 2: THE LATE NIGHT PRAYER, TAHAJJUD (QIYAM AL-LAYIL) ....................................... 187 FIQH-US-SUNNAH, VOLUME 2: THE SPECIAL PRAYERS DURING THE MONTH OF RAMADAN (TARAWIH) ................. 191 Islaamic_Sharia_Law.pdf Page 3 of 571
Slide 4: FIQH-US-SUNNAH, VOLUME 2: THE DUHA PRAYER .................................................................................................. 193 FIQH-US-SUNNAH, VOLUME 2: SALATUL ISTIKHARAH ............................................................................................. 195 FIQH-US-SUNNAH, VOLUME 2: SALATUL TASBIH..................................................................................................... 196 FIQH-US-SUNNAH, VOLUME 2: SALATUL HAJAH, THE PRAYER FOR NEED ................................................................ 197 FIQH-US-SUNNAH, VOLUME 2: SALATUL TAUBAH, THE PRAYER OF PENITENCE....................................................... 198 FIQH-US-SUNNAH, VOLUME 2: SALATUL KASUF, PRAYER OF THE SOLAR AND LUNAR ECLIPSE................................ 199 FIQH-US-SUNNAH, VOLUME 2: SALATUL ISTISQA, PRAYER FOR RAIN ...................................................................... 201 FIQH-US-SUNNAH, VOLUME 2: THE PROSTRATION DURING THE QUR'ANIC RECITATION ......................................... 203 FIQH-US-SUNNAH, VOLUME 2: THE PROSTRATION OF THANKFULNESS (SAJDAT USH-SHUKR) ................................ 206 FIQH-US-SUNNAH, VOLUME 2: PROSTRATIONS OF FORGETFULNESS DURING THE PRAYER ....................................... 207 FIQH-US-SUNNAH, VOLUME 2: CONGREGATIONAL PRAYER..................................................................................... 209 FIQH-US-SUNNAH, VOLUME 2: THE MOSQUES ......................................................................................................... 219 FIQH-US-SUNNAH, VOLUME 2: PLACES WHERE OFFERING PRAYER IS PROHIBITED ................................................... 223 FIQH-US-SUNNAH, VOLUME 2: THE SUTRAH OR PARTITION IN FRONT OF ONE WHO IS PRAYING............................... 224 FIQH-US-SUNNAH, VOLUME 2: WHAT IS ALLOWED DURING THE PRAYER................................................................. 227 FIQH-US-SUNNAH, VOLUME 2: ACTIONS WHICH ARE DISLIKED DURING THE PRAYER .............................................. 232 FIQH-US-SUNNAH, VOLUME 2: ACTIONS WHICH INVALIDATE THE SALAH ............................................................... 234 FIQH-US-SUNNAH, VOLUME 2: MAKING (QADA') FOR MISSED SALAH ...................................................................... 236 FIQH-US-SUNNAH, VOLUME 2: THE PRAYER OF A PERSON WHO IS ILL (SALATUL MARID) ....................................... 238 FIQH-US-SUNNAH, VOLUME 2: THE PRAYER DURING TIMES OF FEAR OR DANGER (SALATUL KHAUF) ..................... 239 FIQH-US-SUNNAH, VOLUME 2: THE PRAYER OF A TRAVELER ................................................................................... 242 FIQH-US-SUNNAH, VOLUME 2: COMBINING TWO PRAYERS ...................................................................................... 246 FIQH-US-SUNNAH, VOLUME 2: SALATUL JUMU'AH (THE FRIDAY PRAYER) .............................................................. 250 FIQH-US-SUNNAH, VOLUME 2: EID PRAYERS (SALATUL 'IDAIN).............................................................................. 262 FIQH-US-SUNNAH, VOLUME 3: ZAKAH IN ISLAMIC JURISPRUDENCE ........................................................................ 268 FIQH-US-SUNNAH, VOLUME 3: MONETARY HOLDINGS SUBJECT TO ZAKAH ............................................................. 274 FIQH-US-SUNNAH, VOLUME 3: ZAKAH ON PLANTS AND FRUIT ................................................................................. 278 FIQH-US-SUNNAH, VOLUME 3: ZAKAH ON ANIMALS................................................................................................ 286 FIQH-US-SUNNAH, VOLUME 3: ZAKAH ON BURIED TREASURE AND PRECIOUS MINERALS....................................... 290 FIQH-US-SUNNAH, VOLUME 3: ZAKAH ON WEALTH EXTRACTED FROM THE SEA .................................................... 292 FIQH-US-SUNNAH, VOLUME 3: THE RECIPIENTS OF ZAKAH ..................................................................................... 295 FIQH-US-SUNNAH, VOLUME 3: ZAKAT UL-FITR ....................................................................................................... 308 FIQH-US-SUNNAH, VOLUME 3: ZAKAT UT-TATAWWU OR VOLUNTARY SADAQAH .................................................. 313 FIQH-US-SUNNAH, VOLUME 3: FASTING (AS-SIYAM) ............................................................................................... 317 FIQH-US-SUNNAH, VOLUME 3: THE FAST OF RAMADAN .......................................................................................... 318 FIQH-US-SUNNAH, VOLUME 3: THE FORBIDDEN DAYS TO FAST .............................................................................. 324 FIQH-US-SUNNAH, VOLUME 3: VOLUNTARY FASTS ................................................................................................. 327 FIQH-US-SUNNAH, VOLUME 3: THE MANNERS OF FASTING ..................................................................................... 330 FIQH-US-SUNNAH, VOLUME 3: ACTS THAT ARE PERMISSIBLE DURING THE FAST.................................................... 332 FIQH-US-SUNNAH, VOLUME 3: ACTIONS THAT VOID THE FAST ............................................................................... 334 FIQH-US-SUNNAH, VOLUME 3: MAKING UP MISSED DAYS OF RAMADAN ............................................................... 337 FIQH-US-SUNNAH, VOLUME 3: NIGHT OF QADR....................................................................................................... 339 FIQH-US-SUNNAH, VOLUME 3: I'TIKAF OR SECLUSION IN THE MOSQUE ................................................................... 340 FIQH-US-SUNNAH, VOLUME 4: SICKNESS, EXPIATION OF SINS................................................................................. 345 FIQH-US-SUNNAH, VOLUME 4: CONTEMPLATION OF DEATH AND PREPARATION FOR IT BY GOOD DEEDS ................. 351 FIQH-US-SUNNAH, VOLUME 4: AL-KAFAN (THE SHROUD) ...................................................................................... 362 FIQH-US-SUNNAH, VOLUME 4: FUNERAL PRAYERS (SALATUL JANAZAH)................................................................ 364 FIQH-US-SUNNAH, VOLUME 4: BURIAL .................................................................................................................... 377 FIQH-US-SUNNAH, VOLUME 4: AZH-ZHIKR (REMEMBRANCE OF ALLAH) ................................................................. 398 FIQH-US-SUNNAH, VOLUME 4: SUPPLICATIONS........................................................................................................ 402 FIQH-US-SUNNAH, VOLUME 5: PILGRIMAGE: A GENERAL DEFINITION, ITS EXCELLENCE AND PREREQUISITES ......... 420 FIQH-US-SUNNAH, VOLUME 5: THE ABILITY TO PERFORM HAJJ - WHAT DOES IT IMPLY? ......................................... 423 FIQH-US-SUNNAH, VOLUME 5: THE HAJJ OF THE PROPHET (PEACE BE UPON HIM) ................................................... 428 FIQH-US-SUNNAH, VOLUME 5: MAWAQUIT: FIXED TIMES AND PLACES FOR IHRAM ............................................... 433 FIQH-US-SUNNAH, VOLUME 5: IHRAM...................................................................................................................... 435 FIQH-US-SUNNAH, VOLUME 5: TALBIYAH................................................................................................................ 439 FIQH-US-SUNNAH, VOLUME 5: WHAT IS PERMITTED TO A MUHRIM......................................................................... 441 FIQH-US-SUNNAH, VOLUME 5: RESTRICTIONS OF IHRAM ......................................................................................... 444 FIQH-US-SUNNAH, VOLUME 5: KILLING A GAME IN THE STATE OF IHRAM ............................................................... 450 FIQH-US-SUNNAH, VOLUME 5: SACRED PRECINCTS OF MAKKAH AND MADINAH (HARAM MAKKAH WA MADINAH)452 FIQH-US-SUNNAH, VOLUME 5: TAWAF OR CIRCUMAMBULATION AROUND KA'BAH ................................................ 455 Islaamic_Sharia_Law.pdf Page 4 of 571
Slide 5: FIQH-US-SUNNAH, VOLUME 5: SA'I BETWEEN SAFA AND MARWAH......................................................................... 463 FIQH-US-SUNNAH, VOLUME 5: STAYING AT MINA AND ARAFAT ............................................................................. 466 FIQH-US-SUNNAH, VOLUME 5: UMRAH .................................................................................................................... 482 3> IJTIHAAD - IJMAA - QIYAAS ........................................................................................................................ 491 APPENDIX.................................................................................................................................................................. 492 FIRST STEP TOWARDS PERFECT ISLAAM .................................................................................................................. 492 Islaamic_Sharia_Law.pdf Page 5 of 571
Slide 6: Preface Sharia is the Arabic word for Islamic law, also known as the Law of Allah. Islam classically draws no distinction between religious, and secular life. Hence Sharia covers not only religious rituals, but many aspects of day-today life, politics, economics, banking, business or contract law, and social issues. There are three major components of Islaamic Sharia Law: 1> 2> 3> Quraan Sunnah Ijtihaad Islaamic_Sharia_Law.pdf Page 6 of 571
Slide 7: Components of Islaamic Sharia Law: There are three major components of Islaamic Sharia Law (Quraan, Sunnah and Ijtihaad): 1> Quraanic Law "Remember! The command is for none but Allah" (12:40) In the Quraan there are certain laws (the details of) which have been determined (FIXED) and for others guidance has been provided only in principle (flexible according to time under the boundary limits). The determined laws shall be enforced as is. As far as those laws are concerned where only the principles are given, an Islamic State shall frame details thereof staying within the parameters of these principles according to the needs of their time. These principles shall remain immutable but the rules framed under their guidance shall be liable to change in accordance with the exigencies of advancing times. This is the expedience, on the basis of which Allah did not determine the by-laws Himself. If it had so happened, these laws could not remain consistent with the exigencies of time, and that could render the working of the way of life prescribed by Him, impracticable. The Book that was intended to remain a code of guidance for all times and for all the people, had to be thus, i.e. the principles should be immutable (variable) and detailed (fixed) applicatory by-laws changeable with the change of time. Only this blend of permanence and change could keep the system permanently practicable through all times. This reality has been clarified by saying: O you who believe! (What is necessary for the guidance of mankind has been given through revelation and is prescribed in the Quraan). Do not put questions about things which if declared (fixed not flexible according to time) to you may trouble you, and if you question about them when the Quraan is being revealed, they shall be declared to you; Allah pardons this, and Allah is Forgiving, Forbearing. O people before you indeed asked such questions, and then became disbelievers on account of them. (Al_Quraan_005:101-102) 2> Fiqh-us-Sunnah (Authentic Hadeeth and Sunnah) Allah already told us to Obey Rasool Allah as well. O ye who believe! Obey Allah and His Messenger (SAW), and turn not away from him when ye hear (him speak). Be not as those who say, we hear, and they hear not. Lo! The worst of beasts in Allah’s sight are the deaf, the dumb, who have no sense. (Al_Quraan_008.020 – 022) O you who believe! Obey Allah and obey the Messenger, and do not make your deeds of no effect (by disobeying Allah and his Messenger). (Al_Quraan_047.033) It is not fitting for a Believer, men or women, when a matter has been decided by Allah and His Messenger, to have any option about their decision: if anyone disobeys Allah and His Messenger (SAW), he is indeed on a clearly wrong Path. (Al_Quraan_033.036) And obey Allah and His Messenger and do not quarrel (fall into no disputes) for then you will be weak in hearts and your power will depart, and be patient; surely Allah is with the patient. (Al_Quraan_008.046) If you DIFFER in anything (Faith, Salaat, Sayaam, Zakaat, etc.) amongst yourself, then REFER to Allah and his Messenger, if you really believe in Allah and in the Last Day. That is better and more suitable for determinations. [Al_Quraan_004.059] Islaamic_Sharia_Law.pdf Page 7 of 571
Slide 8: 3> Ijtihaad (progressive reasoning by analogy), Ijmaa (consensus), Qiyaas (analogy) Allah also told us to Obey Those Who are in Authority (Leader / Leader of the House). O you who believe! obey Allah and obey the Messenger and those in authority (Leader) from among you; then if you differ about anything, refer it to Allah and the Messenger, if you believe in Allah and the last day; this is better and very good in the end. (Al_Quraan_004.059) And withhold yourself with those who call on their Lord morning and evening desiring His goodwill, and let not your eyes pass from them (always yes sir, till they follow the Quraan and Really Authentic Sunnah), desiring the beauties of this world's life; and do not follow him whose heart We have made unmindful to Our remembrance, and he follows his low desires and his case is one in which due bounds are exceeded. (Al_Quraan_018.028) Allah has promised to those of you who believe and do good that He will most certainly make them rulers in the earth as He made rulers those before them, and that He will most certainly establish for them their religion which He has chosen for them, and that He will most certainly, after their fear, give them security in exchange; they shall serve Me, not associating aught with Me; and whoever is ungrateful after this, these it is who are the. transgressors. (Al_Quraan_024.055) Men are the Leader (Manager, Maintainers, Protectors, Responsible, Taking Care) of women because Allah has made some of them to excel others and (also) because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded; and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them; then if they obey you, do not seek a way against them; surely Allah is High, Great. (Al_Quraan_004.034) And do not covet that by which Allah has made some of you excel others; men shall have the benefit of what they earn and women shall have the benefit of what they earn; and ask Allah of His grace; surely Allah knows all things. (Al_Quraan_004.032) The Quraan is the first and foremost source, followed by the Authentic Hadeeth and Sunnah, which do not contradict the Quraan, and FINALLY followed by the Ijmaa / Qiyaas / Ijtihaad according to the time and place, and may take benefits from modern sciences as well, of course, which do not contradict the Quraan and Authentic Hadeeth and Sunnah. Islaamic_Sharia_Law.pdf Page 8 of 571
Slide 9: 1> Quraanic Law http://www.tolueislam.com Chapter 1: State Affairs o Sovereignty / Command o The Code of Laws in an Islamic State o The Entire Ummah Shall Take Part in the Government o System Based on Consultation o Standard for the Assignment of Ranks o The State Administration o The Decisive Word o Party System o Religious Hierarchy o The Ingredients of an Islamic State o The Position of Non Muslims in an Islamic State o International Relations o Treaties o Rebellion Chapter 2: Government Agencies o Instructions For Government Employees. Chapter3: Justice o Basic orders about the enforcement of Justice o Corporal punishment o Testimony (Evidence) o Circumstantial Evidence Chapter 4: Injunctions o General injunctions for Family Life o The Status of Man and Woman o Relations Between Husband and Wife o Nikaah o Age for Nikaah o Mutual Consent o Ceremony for Nikaah (Marriage) o Forbidden for Marriage (Muharramaat) Polygamy o o Female Captives o Facilitations for Marriage o Sexual Intercourse o Object of Sexual Intercourse o Object of Matrimonial Life o Dower o Maintenance o Strained Relations o Divorce o Waiting Period for a Divorce (Iddat) o Suckling o Custody (of Children of Divorced Parents) o Progeny o Orphans o Removal of Misconception Chapter 5: Inheritance and Testament o Testament o Inheritance o The Inheritance of an Orphaned Grandson Chapter 6: Sexual Relations and Crimes o Adultery (Fornication) o Sodomy and Female to Female Manipulation Islaamic_Sharia_Law.pdf Page 9 of 571
Slide 10: o o o o o o Preliminaries that Incite Adultery Immodest Actions Presenting honorable Women or Spreading Gossips about them False Accusation (Calumny) Privacy Rebellious Women Chapter 7: Protection of Life o The Importance of Human Life Chapter 8: Protection of Property o Protection of Property o Easy Money (Maisir) o Raffle and Lottery o Theft o Loan o Mortgage (Pledge) o Riba (Interest on Loan o Trade (Selling) o Breach of Trust Chapter 9: Treaty (Obligations) Chapter 10: The Prohibited (Forbidden (un-lawful) and The Permitted (lawful) o The state of extreme helplessness o Intoxicants (Psychoactive Substances) Chapter 11: Injunctions for Social Living o Moderation in Expense o Get-up o Physical and Mental Capabilities o Conversation o Absurd and Immodest Talk o Walking o Thoughtfulness to Ponder and to Comprehend o Spying Knowledge o o Social Relations o Good Behavior o Co-operation (Mutual Assistance) o Mutual Contacts o Promise (Commitments) o Visiting other People's Home o Etiquettes of Assembly o Jealousy o Backbiting (Slandering) o Nicknaming others o Envy o Jesting o Public Exposure of Others o Mistrust o Ridiculing of Divine System o Crooked Reasoning Anger (Rage) o o Forgiveness o Self-Correction (Mending one's ways) o Do not Bully People with your Virtues Chapter 12: Rumors Chapter 13: Miscellaneous o Persecution o Tyranny and Excess o Conspiracy and Secret Counseling o The Mutual (Reciprocal) relations of Individuals in the Society Chapter 14: Pertaining to Economy Islaamic_Sharia_Law.pdf Page 10 of 571
Slide 11: Chapter 15: Basic Human Rights Chapter 16: The Relationship Between Crime and Punishment o Qisaas o Justice Islaamic_Sharia_Law.pdf Page 11 of 571
Slide 12: State Affairs 1. SOVEREIGNTY / Command. In an Islamic State, affairs are conducted within limits laid down by the Quraan. Nobody has the right to transgress these limits; in other words, the right to rule belongs to Allah alone. Say: Surely I have manifest proof from my Lord and you call it a lie; I have not with me that which you would hasten; the Decision (Command / Judgment) is only Allah's; He relates the truth and He is the best of deciders. (Al_Quraan_006.057) You do not serve besides Him but names which you have named, you and your fathers; Allah has not sent down any authority for them; the command is for none but Allah; He has commanded that you shall not serve aught but Him; this is the right religion but most people do not know: (Al_Quraan_012.040) Say: "Allah knows best how long they stayed: with Him is (the knowledge of) the secrets of the heavens and the earth: how clearly He sees, how finely He hears (everything)! They have no protector other than Him; nor does He share His Command with any person whatsoever (including Rasool Allah {saw}). (Al_Quraan_018.026) It is not meet for a mortal that Allah should give him the Book and the wisdom and prophethood, then he should say to men: Be my servants rather than Allah's; but rather (he would say): Be worshippers of the Lord because of your teaching the Book and your reading (it yourselves). (Al_Quraan_003:079) Then We gave the Book for an inheritance to those whom We chose from among Our servants; but of them is he who makes his soul to suffer a loss, and of them is he who takes a middle course, and of them is he who is foremost in deeds of goodness by Allah's permission; this is the great excellence. (Al_Quraan_035:032) The duty of the Ummah is to establish an Order according to this Book; thus an Islamic State is an agency that enforces the divine command: Surely We revealed the Taurat in which was guidance and light; with it the prophets who submitted themselves (to Allah) judged (matters) for those who were Jews, and the masters of Divine knowledge and the doctors, because they were required to guard (part) of the Book of Allah, and they were witnesses thereof; therefore fear not the people and fear Me, and do not take a small price for My communications; and whoever did not judge by what Allah revealed, those are they that are the unbelievers. (Al_Quraan_005:044) 2. THE CODE OF LAWS IN AN ISLAMIC STATE is the Book of Allah (the Quraan). Surely We revealed the Taurat in which was guidance and light; with it the prophets who submitted themselves (to Allah) judged (matters) for those who were Jews, and the masters of Divine knowledge and the doctors, because they were required to guard (part) of the Book of Allah, and they were witnesses thereof; therefore fear not the people and fear Me, and do not take a small price for My communications; and whoever did not judge by what Allah revealed, those are they that are the unbelievers. (Al_Quraan_005:044) (O Jamaa'atul Mu'mineen) Follow what has been revealed to you from your Lord (Allah alone) and do not follow guardians besides Him (The subservience to Divine Laws and not of any human being is the real freedom), how little do you mind. (Al_Quraan_007:003) O followers of the Book! indeed Our Messenger has come to you making clear to you much of what you concealed of the Book and passing over much; indeed, there has come to you Light and a Clear Book from Allah; (Al_Quraan_005:015) Islaamic_Sharia_Law.pdf Page 12 of 571
Slide 13: And certainly We have made the Quraan easy for remembrance, but is there anyone who will mind / learn? (Al_Quraan_054:017, 022, 032, 040) Why do they not study the Quraan (Free from contradictions or Error and have Capacity to stand as a Judge) carefully? If it were from other than GOD, they would have found in it numerous contradictions. (Al_Quraan_004:082) (All) people are a single nation; so Allah raised prophets as bearers of good news and as warners, and He revealed with them the Book with truth, that it might judge between people in that in which they differed; and none but the very people who were given it differed about it after clear arguments had come to them, revolting among themselves; so Allah has guided by His will those who believe to the truth about which they differed and Allah guides whom He pleases to the right path. (2:213) The word of your Lord is complete (perfect), in truth and justice; there is none who can change His words, and He is the Hearing, the Knowing: (6:115) In the Quraan there are certain laws (the details of) which have been determined (FIXED) and for others guidance has been provided only in principle (flexible according to time under the boundary limits). The determined laws shall be enforced as is. As far as those laws are concerned where only the principles are given, an Islamic State shall frame details thereof staying within the parameters of these principles according to the needs of their time. These principles shall remain immutable but the rules framed under their guidance shall be liable to change in accordance with the exigencies of advancing times. This is the expedience, on the basis of which Allah did not determine the by-laws Himself. If it had so happened, these laws could not remain consistent with the exigencies of time, and that could render the working of the way of life prescribed by Him, impracticable. The Book that was intended to remain a code of guidance for all times and for all the people, had to be thus, i.e. the principles should be immutable (variable) and detailed (fixed) applicatory by-laws changeable with the change of time. Only this blend of permanence and change could keep the system permanently practicable through all times. This reality has been clarified by saying: O you who believe! (what is necessary for the guidance of mankind has been given through revelation and is prescribed in the Quraan). Do not put questions about things which if declared (fixed not flexible according to time) to you may trouble you, and if you question about them when the Quraan is being revealed, they shall be declared to you; Allah pardons this, and Allah is Forgiving, Forbearing. A people before you indeed asked such questions, and then became disbelievers on account of them. (Al_Quraan_005:101-102) "Rather you wish to put questions to your Messenger, as Musa (pbuh) was questioned before; and (it is a warning, so be careful) whoever adopts unbelief instead of faith, he indeed has lost the right direction of the way. (Al_Quraan_002:108) Yet you it is who slay your people and turn a party from among you out of their homes, backing each other up against them unlawfully and exceeding the limits; and if they should come to you, as captives you would ransom them-- while their very turning out was unlawful for you. Do you then believe in a part of the Book and disbelieve in the other? What then is the reward of such among you as do this but disgrace in the life of this world, and on the day of resurrection they shall be sent back to the most grievous chastisement, and Allah is not at all heedless of what you do. (Al_Quraan_002:085) 3. THE ENTIRE UMMAH SHALL TAKE PART IN THE GOVERNMENT. The duty of an Islamic Ruler is: "To enforce what is lawful according to the Divine Law and prohibit what is unlawful." "They (True Muslim Leader of the Nation / State / House, etc.) are those who if we establish them in the land, establish the way of life consistent with the Divine Laws and provide nourishment to individuals, enjoin the right and forbid the wrong." (Al_Quraan_022:041) You (the Entire Muslim Ummah) are the best of the nations raised up for (the benefit of) men; you (the Entire Muslim Ummah) enjoin what is right and forbid the wrong and believe in Allah; and if the followers of the Book had believed it would have been better for them; of them (some) are believers and most of them are transgressors. (Al_Quraan_003:110) Islaamic_Sharia_Law.pdf Page 13 of 571
Slide 14: Then We gave the Book for an inheritance to those whom We chose from among Our servants; but of them is he who makes his soul to suffer a loss, and of them is he who takes a middle course, and of them is he who is foremost in deeds of goodness by Allah's permission; this is the great excellence. (Al_Quraan_035:032) 4. SYSTEM BASED ON CONSULTATION. And those who respond to their Lord and keep up prayer, and who (conduct) their affairs by Mutual Consultation, and who spend out of what We have given them. (Al_Quraan_042:038) And when Our clear communications are recited to them, those who hope not for Our meeting say: Bring a Quraan other than this or change it. Say: It is not for me, of my own accord, to change it; I only follow that which is revealed to me; surely I fear, if I disobey my Lord (even slightly), the punishment of a mighty day. (Al_Quraan_010:015) And if you obey most of those in the earth, they will lead you astray from Allah's way; they (majority) follow but conjecture and they (majority) only lie. (Al_Quraan_006:116) And should the truth follow their low desires, surely the heavens and the earth and all those who are therein would have perished. Nay! We have brought to them their reminder, but from their reminder they turn aside. (Al_Quraan_023:071) 5. STANDARD FOR THE ASSIGNMENT OF RANKS. And to all are (assigned) Ranks according to the deeds which they (have done), and in order that (Allah) may recompense their deeds, and no injustice be done to them. (Al_Quraan_046:019) Surely Allah commands you to make over trusts to their owners and that when you judge between people you judge with justice; surely Allah admonishes you with what is excellent; surely Allah is Seeing, Hearing. (Al_Quraan_004:058) O you men! surely We have created you of a male and a female, and made you tribes and families that you may know each other; surely the most honorable of you with Allah is the one among you most careful (of his duty); surely Allah is Knowing, Aware. (Al_Quraan_049:013) 6. THE STATE ADMINISTRATION. O you who believe! obey Allah and obey the Messenger and those in authority (Leader / Legal Administrative Center / Local Authorities) from among you; then if you dispute about anything, refer it to Allah and the Messenger (saw) (Central Authority), if you believe in Allah and the last day; this is better and very good in the end. (Al_Quraan_004.059) 7. THE DECISIVE WORD. And withhold yourself with those who call on their Lord morning and evening desiring His goodwill, and let not your eyes pass from them, desiring the beauties of this world's life; and do not follow him whose heart We have made unmindful to Our remembrance, and he follows his low desires and his case is one in which due bounds are exceeded. (Al_Quraan_018:028) And it is not right for a believing man and a believing woman that they should have any choice in their matter when Allah and His Messenger have decided a matter; and whoever disobeys Allah and His Messenger, he surely strays off a manifest straying. (Al_Quraan_033:036) 8. PARTY SYSTEM. According to the Quraan the entire Ummah, as compared to the non-Muslims, is one party. Within the Ummah itself the presence of parties, may it be religious parties or political parties, is 'shirk' (assigning partners unto Allah). The Divine Command is: Turning to Him, and be careful of (your duty to) Him and keep up prayer and be not of the polytheists. Those who split up their Religion, and become (mere) Sects,- each party rejoicing in that which is with itself! (Al_Quraan_030:031-032) Surely they who divided their religion into parts and became sects, you have no concern with them (Not Muslim any longer); their affair is only with Allah, then He will inform them of what they did. (Al_Quraan_006:159) Islaamic_Sharia_Law.pdf Page 14 of 571
Slide 15: And be not like those who became divided and disagreed after clear arguments had come to them, and these it is that shall have a grievous chastisement. (Al_Quraan_003:105) From these and several other similar verses of the Quraan, this reality becomes apparent that when the Ummah gets divided into parties and sects, neither the Deen (way of life prescribed by Allah) survives, nor an Islamic State can come into existence under such circumstances. Deen is another name for the Islamic State which has one code of guidance (Book of Allah), one Ummah as its upholder, and one central authority of the state. In this state, the entire Ummah, in the form of a compact body, revolves around the pivot of the Quraan. Look how clearly the Quraan explains this reality when it says: And hold fast by the covenant (rope) of Allah all together (Entire Ummah) and be not disunited, and remember the favor of Allah on you when you were enemies, then He united your hearts so by His favor you became brethren; and you were on the brink of a pit of fire, then He saved you from it, thus does Allah make clear to you His communications that you may follow the right way. (Al_Quraan_003:103) Surely Pharaoh exalted himself in the land and made its people into parties, weakening one party from among them; he slaughtered their sons and let their women live; surely he was one of the mischief makers. (Al_Quraan_028:004) 9. RELIGIOUS HIERARCHY. In an Islamic State there shall be no separate existence of religious institutions, nor a separate group of 'religious Ulama'. In Islam there is NO dichotomy of 'Deeni' and 'secular' affairs. Every single aspect of life is governed by Deen. The Quraanic Laws and Values shall encompass aspects of human life _ whether personal or public. These laws and values shall be taught in the government educational institutions; and the literature based on them shall be publicized amongst the people. 10. THE INGREDIENTS OF AN ISLAMIC STATE. The Book of Allah, the scales of justice and the power of enforcement are the ingredients, or the three basics, of an Islamic state. If any one of these basics is missing, it no more remains an Islamic State. The basic object of Deen, is described in Surah Al-Hadeed as follows: Certainly We sent Our messengers with clear arguments, and sent down with them the Book and the balance that men may conduct themselves with equity; and We have made the iron, wherein is great strength and advantages to men, and that Allah may know who helps Him and His messengers, on faith.; surely Allah is Strong, Mighty. (Al_Quraan_057:025) "In order to obtain this objective, Allah arranged His Messengers to be sent to different people with clear signs (proofs); and every Rasool also brought with him a code of laws. They established 'social orders' on the basis of this code so that the deeds of each person could produce the exact results and thus induce people to remain steadfast on justice and equity. In order to provide stability to that social order, Almighty Allah, along with the code of laws, also sent sword (iron) in which there is great strength. And because this strength is utilized for the maintenance of a system of justice, as well as for the protection of the oppressed, it becomes useful for mankind instead of being harmful. This also brings to light as to who are those faithful people who assist and aid this Divine System which was established by the Messengers of Allah. Before the successful results had appeared before them in a visible form, they made all sorts of sacrifices on the basis of this strong belief that a social order embodying supremacy and strength will most definitely be achieved by their tireless efforts." In Surah Al-Noor the aims and objects of an Islamic state (Caliphate) have been introduced as: Allah has promised to those of you who believe and do good that He will most certainly make them rulers in the earth as He made rulers those before them, and that He will most certainly establish for them their religion which He has chosen for them, and that He will most certainly, after their fear, give them security in exchange; they shall serve Me, not associating aught with Me; and whoever is ungrateful after this, these it is who are the. transgressors. (Al_Quraan_024:055) Islaamic_Sharia_Law.pdf Page 15 of 571
Slide 16: And to establish them in the earth, and to show Pharaoh and Haman and their hosts that which they feared from them. (Al_Quraan_028:06) And they shall say: (All) praise is due to Allah, Who has made good to us His promise, and He has made us inherit the land; we may abide in the garden where we please; so goodly is the reward of the workers. (Al_Quraan_039:074) For his sake there are angels following one another, before him and behind him, who guard him by Allah's commandment; surely Allah does not change the condition of a people until they change their own condition; and when Allah intends evil to a people, there is no averting it, and besides Him they have no protector. (Al_Quraan_013:011) 11. THE POSITION OF NON MUSLIMS IN AN ISLAMIC STATE. There is no compulsion in religion (non-Muslims have right to practice their faith); truly the right way has become clearly distinct from error; therefore, whoever disbelieves in the Shaitan and believes in Allah he indeed has laid hold on the firmest handle, which shall not break off, and Allah is Hearing, Knowing. (Al_Quraan_002:256) And say: The truth is from your Lord, so let him who please believe, and let him who please disbelieve; surely We have prepared for the iniquitous a fire, the curtains of which shall encompass them about; and if they cry for water, they shall be given water like molten brass which will scald their faces; evil the drink and ill the resting-place. (Al_Quraan_018:029) O you who believe! do not take for intimate friends from among others than your own people; they do not fall short of inflicting loss upon you; they love what distresses you; vehement hatred has already appeared from out of their mouths, and what their breasts conceal is greater still; indeed, We have made the communications clear to you, if you will understand (i.e. the non-Muslims, cannot be admitted to participate in the affairs of the state including the key posts. BUT they shall get all the justice. As the communality of ideas and objectives is the basic condition for unity and concord, it is apparent that a true relationship can never come into being with those who oppose this ideology. So, those who believe in the permanent values given by the Revelation and make the establishment of the Divine System the goal of their life, are the members of one group). (Al_Quraan_003:118) Lo! you are they who will love them while they do not love you, and you believe in the Book (in) the whole of it; and when they meet you they say: We believe (in your ideology), and when they are alone, they bite the ends of their fingers in rage against you. Say: Die in your rage; surely Allah knows what is in the breasts. (Al_Quraan_003:119) If good befalls you, it grieves them, and if an evil afflicts you, they rejoice at it; and if you are patient and guard yourselves, their scheme will not injure you in any way; surely Allah comprehends what they do. (Al_Quraan_003:120) O you who believe! do not take your fathers and your brothers for guardians (Even the relatives are not exempted) if they love unbelief more than belief; and whoever of you takes them for a guardian, these it is that are the unjust. (Al_Quraan_009:023) Say: If your fathers and your sons and your brethren and your mates and your kinsfolk and property which you have acquired, and the slackness of trade which you fear and dwellings which you like, are dearer to you than Allah and His Messenger and striving in His way, then wait till Allah brings about His command: and Allah does not guide the transgressing people. (Al_Quraan_0090:24) Indeed, there is for you a good (Role Model) example (of lifestyle, character and deeds) in Ibrahim (pbuh) and those with him (including Rasool Allah {saw}), when they said to their people: Surely we are clear of you and of what you serve besides Allah; we declare ourselves to be clear of you, and enmity and hatred have appeared between us and you forever until you believe in Allah alone-- but not in what Ibrahim said to his father: I would certainly ask forgiveness for you, and I do not control for you aught from Allah-- Our Lord! on Thee do we rely, and to Thee do we turn, and to Thee is the eventual coming. (Al_Quraan_060:004) Islaamic_Sharia_Law.pdf Page 16 of 571
Slide 17: The likeness of what they spend in the life of this world is as the likeness of wind in which is intense cold (that) smites the seed produce of a people who haw done injustice to their souls and destroys it; and Allah is not unjust to them, but they are unjust to themselves. (Al_Quraan_003:117) O you who believe! Be upright for Allah, bearers of witness with justice, and let not hatred of a people incite you not to act equitably; act equitably (non-Muslims shall get all the justice), that is nearer to piety, and he careful of (your duty to) Allah; surely Allah is Aware of what you do. (Al_Quraan_005:008) Allah does not forbid you respecting (an extension of the best treatment) those who have not made war against you on account of (your) religion, and have not driven you forth from your homes, that you show them kindness and deal with them justly; surely Allah loves the doers of justice. Allah only forbids you respecting those who made war upon you on account of (your) religion, and drove you forth from your homes and backed up (others) in your expulsion, that you make friends with them, and whoever makes friends with them, these are the unjust. (Al_Quraan_060:008-009). Those who have been expelled from their homes without a just cause except that they say: Our Lord is Allah. And had there not been Allah's repelling some people by others, certainly there would have been pulled down cloisters and Churches and Synagogues and Masjids in which Allah's name is much remembered (we need to protects the places of worship of the Muslims as well as non-Muslims); and surely Allah will help him who helps His cause; most surely Allah is Strong, Mighty. (Al_Quraan_022:040) And do not abuse those whom they call upon besides Allah, lest exceeding the limits they should abuse Allah out of ignorance. (This is likely to create disorder and chaos, therefore you do not treat their revered persons with insults, so you must respect others). Thus have We made fair seeming to every people their deeds; then to their Lord shall be their return, so He will inform them of what they did. (Al_Quraan_006:108) Being the citizens of Islamic State, Islamic laws shall be applied to them. In their personal affairs, they shall be allowed to take their own decisions, subject to the laws of the Islamic State. 12. INTERNATIONAL RELATIONS. (All) people are a single nation (a universal brotherhood); so Allah raised prophets as bearers of good news and as warners, and He revealed with them the Book with truth, that it might judge between people in that in which they differed; and none but the very people who were given it differed about it after clear arguments had come to them, revolting among themselves; so Allah has guided by His will those who believe to the truth about which they differed and Allah guides whom He pleases to the right path. (Al_Quraan_002:213) And people are naught but a single nation (one unified community), so they disagree; and had not a word already gone forth from your Lord, the matter would have certainly been decided between them in respect of that concerning which they disagree. (Al_Quraan_010:019) O you who believe! do not violate the signs appointed by Allah nor the sacred month, nor (interfere with) the offerings, nor the sacrificial animals with garlands, nor those going to the sacred house seeking the grace and pleasure of their Lord; and when you are free from the obligations of the pilgrimage, then hunt, and let not hatred of a people-- because they hindered you from the Sacred Masjid-- incite you to exceed the limits, and help one another in goodness and piety, and do not help one another in sin and aggression; and be careful of (your duty to) Allah; surely Allah is severe in requiting (evil). (Al_Quraan_005:002) He sends down water from the cloud, then watercourses flow (with water) according to their measure, and the torrent bears along the swelling foam, and from what they melt in the fire for the sake of making ornaments or apparatus arises a scum like it; thus does Allah compare truth and falsehood; then as for the scum, it passes away as a worthless thing; and as for that which profits the people, it tarries in the earth; thus does Allah set forth parables. (Al_Quraan_013:017) And when Musa prayed for drink for his people, We said: Strike the rock with your staff So there gushed from it twelve springs; each tribe knew its drinking place: Eat and drink of the provisions of Allah and do not act corruptly in the land, making mischief. (Al_Quraan_002:060) Islaamic_Sharia_Law.pdf Page 17 of 571
Slide 18: And surely We have honored the children of Adam, and We carry them in the land and the sea, and We have given them of the good things, and We have made them to excel by an appropriate excellence over most of those whom We have created. (Al_Quraan_017:070) You shall prepare (well-guarded by reinforced cantonments, equipped with all the steeds of war) for them all the power you can muster, and all the equipment you can mobilize, that you may frighten the enemies of GOD, your enemies, as well as others who are not known to you; GOD knows them. Whatever you spend in the cause of GOD will be repaid to you generously, without the least injustice. (Al_Quraan_008:060) 13. TREATIES. O you who believe! fulfill the obligations (in the maintenance of peace and the protection of human rights, treaties shall be set up with other nations). The cattle quadrupeds are allowed to you except that which is recited to you, not violating the prohibition against game when you are entering upon the performance of the pilgrimage; surely Allah orders what He desires. (Al_Quraan_005:001) And if you fear treachery on the part of a people (nation), then throw back to them on terms of equality; (first informing them, and if you do not agree to the renewal of treaty, that should also be communicated to the other party as well) surely Allah does not love the treacherous. (Al_Quraan_008:058) An ultimatum is herein issued from Allah and His messenger to the idol worshipers who enter into a treaty with you. So go about in the land for four months and know that you cannot weaken Allah and that Allah will bring disgrace to the unbelievers. And an announcement from Allah and His Messenger to the people on the day of the greater pilgrimage that Allah and His Messenger are free from liability to the idolaters; therefore if you repent, it will be better for you, and if you turn back, then know that you will not weaken Allah; and announce painful punishment to those who disbelieve. Except those of the idolaters with whom you made an agreement, then they have not failed you in anything and have not backed up any one against you, so fulfill their agreement to the end of their term; surely Allah loves those who are careful (of their duty). (Al_Quraan_009:001-004) And if they break their oaths after their agreement and (openly) revile your religion, then fight the leaders of unbelief-- surely their oaths are nothing-- so that they may desist. What! will you not fight a people who broke their oaths and aimed at the expulsion of the Messenger, and they attacked you first; do you fear them? But Allah is most deserving that you should fear Him, if you are believers. (Al_Quraan_009:012-013). Except those who reach a people between whom and you there is an alliance, or who come to you, their hearts shrinking from fighting you or fighting their own people; and if Allah had pleased, He would have given them power over you, so that they should have certainly fought you; therefore if they withdraw from you and do not fight you and offer you peace, then Allah has not given you a way against them. (Al_Quraan_004:090) Surely those who believed and fled (their homes) and struggled hard in Allah's way with their property and their souls, and those who gave shelter and helped-- these are guardians of each other; and (as for) those who believed and did not fly, not yours is their guardianship until they fly; and if they seek aid from you in the matter of religion, aid is incumbent on you except against a people between whom and you there is a treaty (even the Muslims will not be extended help), and Allah sees what you do. 14. REBELLION. The punishment of those who wage war against Allah and His messenger and strive to make mischief (creating dispersion, diminution of peace and to bring about lawlessness) in the land is only this, that they should be murdered or crucified or their hands and their feet should be cut off on opposite sides or will be expelled out of the land; this shall be as a disgrace for them in this world, and in the hereafter they shall have a grievous chastisement. (Al_Quraan_005:033) And whoever commits a sin, he only commits it against his own soul; and Allah is Knowing, Wise. (Al_Quraan_004:111) Except those who repent before you have them in your power; so know that Allah is Forgiving, Merciful. (Al_Quraan_005:034) Islaamic_Sharia_Law.pdf Page 18 of 571
Slide 19: Do they not know that whoever acts in opposition to Allah and His Messenger, he shall surely have the fire of hell to abide in it? That is the grievous abasement. (Al_Quraan_009:063) Surely those who act in opposition to Allah and His Messenger shall be laid down prostrate as those before them were laid down prostrate; and indeed We have revealed clear communications, and the unbelievers shall have an abasing chastisement. On the day when Allah will raise them up all together, then inform them of what they did: Allah has recorded it while they have forgotten it; and Allah is a witness of all things. Do you not see that Allah knows whatever is in the heavens and whatever is in the earth? Nowhere is there a secret counsel between three persons but He is the fourth of them, nor (between) five but He is the sixth of them, nor less than that nor more but He is with them wheresoever they are; then He will inform them of what they did on the day of resurrection: surely Allah is Cognizant of all things. Have you not seen those who are forbidden secret counsels, then they return to what they are forbidden, and they hold secret counsels for sin and revolt and disobedience to the Messenger, and when they come to you they greet you with a greeting with which Allah does not greet you, and they say in themselves: Why does not Allah punish us for what we say? Hell is enough for them; they shall enter it, and evil is the resort. O you who believe! when you confer together in private, do not give to each other counsel of sin and revolt and disobedience to the Messenger, and give to each other counsel of goodness and guarding (against evil); and be careful of (your duty to) Allah, to Whom you shall be gathered together. Secret counsels are only (the work) of the Shaitan that he may cause to grieve those who believe, and he cannot hurt them in the least except with Allah's permission, and on Allah let the believers rely. O you who believe! when it is said to you, Make room in (your) assemblies, then make ample room, Allah will give you ample, and when it is said: Rise up, then rise up. Allah will exalt those of you who believe, and those who are given knowledge, in high degrees; and Allah is Aware of what you do. O you who believe! when you consult the Messenger, then offer something in charity before your consultation; that is better for you and purer; but if you do not find, then surely Allah is Forgiving, Merciful. Do you fear that you will not (be able to) give in charity before your consultation? So when you do not do it and Allah has turned to you (mercifully), then keep up prayer and pay the poor-rate and obey Allah and His Messenger; and Allah is Aware of what you do. Have you not seen those who befriend a people with whom Allah is wroth? They are neither of you nor of them, and they swear falsely while they know. Allah has prepared for them a severe punishment; surely what they do is evil. They make their oaths to serve as a cover so they turn away from Allah's way; therefore they shall have an abasing chastisement. Neither their wealth nor their children shall avail them aught against Allah; they are the inmates of the fire, therein they shall abide. On the day that Allah will raise them up all, then they will swear to Him as they swear to you, and they think that they have something; now surely they are the liars. The Shaitan has gained the mastery over them, so he has made them forget the remembrance of Allah; they are the Shaitan's party; now surely the Shaitan's party are the losers. Surely (as for) those who are in opposition to Allah and His Messenger; they shall be among the most abased. (Al_Quraan_058:005-020) You shall not find a people who believe in Allah and the latter day befriending those who act in opposition to Allah and His Messenger, even though they were their (own) fathers, or their sons, or their brothers, or their kinsfolk; these are they into whose hearts He has impressed faith, and whom He has strengthened with an inspiration from Him: and He will cause them to enter gardens beneath which rivers flow, abiding therein; Allah is well-pleased with them and they are well-pleased with Him these are Allah's party: now surely the party of Allah are the successful ones. (Al_Quraan_058:022) The likeness of what they spend in the life of this world is as the likeness of wind in which is intense cold (that) smites the seed produce of a people who haw done injustice to their souls and destroys it; and Allah is not unjust to them, but they are unjust to themselves. (Al_Quraan_003:117) Indeed, there is for you a good example in Ibrahim and those with him when they said to their people: Surely we are clear of you and of what you serve besides Allah; we declare ourselves to be clear of you, and enmity and hatred have appeared between us and you forever until you believe in Allah alone-- but not in what Ibrahim said to his father: I would certainly ask forgiveness for you, and I do not control for you aught from Allah-- Our Lord! on Thee do we rely, and to Thee do we turn, and to Thee is the eventual coming: (Al_Quraan_060:004) O you who believe! be not unfaithful to Allah and the Messenger, nor be unfaithful to your trusts while you know (unfaithful is a crime against and Islamic Government). (Al_Quraan_008:027) Islaamic_Sharia_Law.pdf Page 19 of 571
Slide 20: And do not plead on behalf of those who act unfaithfully to their souls; surely Allah does not love him who is treacherous, sinful; (Al_Quraan_004:107) Surely We have revealed the Book to you with the truth that you may judge between people by means of that which Allah has taught you; and be not an advocate on behalf of the treacherous. (Al_Quraan_004:105) O you who believe! when you confer together in private, do not give to each other counsel of sin and revolt and disobedience to the Messenger, and give to each other counsel of goodness and guarding (against evil); and be careful of (your duty to) Allah, to Whom you shall be gathered together. (Al_Quraan_058:009) Islaamic_Sharia_Law.pdf Page 20 of 571
Slide 21: Government Agencies INSTRUCTIONS FOR GOVERNMENT EMPLOYEES: Although every law and code of an Islamic State shall be applicable to the government officials like the other individuals of society, but, in view of their special responsibilities, they shall have to be more circumspect in some particular aspects, for example:1. Allah's Law of Requital is cognizant not only of the human deeds that are manifest, but also of those which are concealed, such as an idea that flashes across one's mind or even the impurity of one's glances. Therefore, in the performance of their duty if they commit any carelessness, negligence, irresponsibility or breach of trust, but somehow escape the consequences of the law, yet they must remember that they cannot escape the grip of Allah's Law of Requital. Allah's Law of requital is such that: (40:19) "He knows the perfidy of the eye and that which the bosoms hide." 2. In each affair they shall have to ensure that they do not take a decision repugnant to Quraanic Teachings because "to enjoin what is right according to the Divine Laws and to forbid what is wrong", is their basic responsibility (22:41). Their decisions should not only fulfill the demands of justice but also that of Ihsaan. Thus it is said: (4:58) "Whenever you decide the disputed affairs of the people, always do it with justice." At yet another place it is said: (16:90) "Indeed Allah commands you to do justice and make good the deficiencies of others." Justice means that every individual in a human society gets what is his due and Ihsaan means making up the abatements of the individuals to restore the disturbed balance in the society. ADL and IHSAAN are the two basic terms of the Quraan which can be given a practical shape by pondering over the dayto-day affairs. For example a thief shall be punished according to law; this shall be a matter of justice. But the loss of one whose belongings have been stolen, is not compensated by this act. The Adl and Ihsaan demand that the loss of the victim should also be compensated. 3. You yourself must practice what you say to others; (61:2-3) "O you who believe! You ought to present a practical proof of your belief (in the Divine Commands) by your own acts. You should never say to others what you do not do yourself. It is grievously odious in the sight of Allah that you say what you do not do." Harmony in what you say and what you do is the visible proof of what you profess. 4. All that belongs to the State (even the secrets of the State) are a trust with you. Do not betray this trust: (8:27) "O you who believe! It is incumbent on you that you do not betray the trust placed in your hands by the Divine System (Allah and the Rasool) nor in the performance of the duties entrusted to you. You know what shall be the result of it." 5. Render back your trusts to whom they are due and fill up the vacancies in the government service on their merit. Both these concepts are present in the verse: (4:58) 6. Never let people's confidence (trust) in you be shattered. Let the trustee faithfully discharge his trust: (2:283) "If one of you places a thing in trust with another, let the trustee (faithfully) discharge his trust." Basically this command relates to properties entrusted to others but as a matter of principle this is applicable to all kinds of trusts. It means that no matter what is placed in your trust, you should always honor the trust reposed in you. Islaamic_Sharia_Law.pdf Page 21 of 571
Slide 22: 7. Do not take part in any type of intrigue and always stay conscious that: (35:43) "The evil plan besets none save its own authors." 8. You should co-operate with one another in constructive matters. Co-operate with each other in matters of benefit to humanity and in matters consistent with the Divine Laws, (5:2) "is the Divine Commandment; and "Be with those who are veracious" (true to their commitments)." (9:119) "Be with those who are true (in words and deed", is an emphatic commandment." 9. If one finds that another officer is handing out a wrong decision on account of his being ill-informed, he should convey to him correct information. This act shall be called SHAFAA'AT-E-HASANAH commendable intercession. (4:85) "If somebody stands in support of another person in a matter just and equitable (commendable intercession) he shall also share pleasant results. On the contrary, if one helps another person in matters of injustice and transgression (called evil intercession) he shall share its disastrous consequences." They shall neither take the side of those who are dishonest and betray the trust. (4:105) "So be not (used) as an advocate by those who betray the trust, and never indulge in bribery", is Allah's Directive. The following verse is a comprehensive guide on the matter: (2:188) "Do not eat up your property among yourselves by foul means, nor use it as a bait for the judges, with the intent that you may eat up wrongfully a part of (other) people's property, although you know its results." 10. Investigate all disputed matters yourself: never rely on hearsays: (17:36) "And pursue not that of which you have no knowledge (i.e. of which you have not made an investigation or personal enquiry) collecting relevant information employing your faculties of hearing and seeing, and then make the knowledge thus obtained the basis of your decisions, so as to reach the correct conclusion. If a single link of this chain is missing, your enquiry shall remain defective. Think what a great responsibility lies upon you, because Allah has endowed you with the power of discretion and determination; He has not made you a constrained machine. For the use of your discretion He has bestowed on you the mediums of knowledge and ascertainment. The one who does not make use of them, tries to escape from his responsibility." 11. Achieve prevention of evil with the beauty and proportion of your deeds. The principle is: (23:96) "Repel evil with that which is best." 12. If one does wrong by mistake and there is a possibility of his correction, he ought to be pardoned. Thus it is said: (6:54) "If there is an omission or negligence on somebody's part, thereafter he repents and makes amends in future, he ought to be given protection and forgiveness by the organization of the state." If anybody's guilt demands the fulfillment of justice, the punishment should not exceed his crime. In this respect the principle is: (42:40) "The recompense of an evil is punishment equal thereto". 13. They should exercise self-control (maintain their composure) and not get enraged easily: (3:134) "To control tempers and to forgive others" has been called trait of the believers. Self-restraint also implies talking in low and dulcet tones. (31:19) Islaamic_Sharia_Law.pdf Page 22 of 571
Slide 23: "Soft talking and moderation in walk (gait) are the symbols of trustworthiness and solemnity." During discussions they should not try to compel others to accept their version on the basis of their aweinspiring presence as an officer; but (16:125) "Argue with them in ways that are best and most gracious." 14. They should always fulfill their promise: (17:34) "And fulfill (every) commitment, for (every) commitment will be enquired into on the Day of Reckoning." 15. They should not throw their responsibility on others. The principle is: (53:38) "No bearer of burdens shall bear the burden of another." Everybody shall bear his own burden. 16. They should never wish to be praised for what they do not do. That is be not like those who like flattery and are thus the most dangerous enemies. The way of hypocrites is described as: (3:188) "They desire to be praised for what they do not do." Islaamic_Sharia_Law.pdf Page 23 of 571
Slide 24: Justice 1. To establish the rule of justice is a basic responsibility of an Islamic State. The demand for justice prevails in all walks of life, but here we shall talk only about the judicial justice (that which pertains to the domain of law). The Quraan also provides the required guidance for justice-dispensing agencies i.e. the courts of law. It is necessary to understand one basic principle about JUSTICE. According to the common concept of justice in the world, the duty of a law-court is to decide the disputed affairs according to the code of law that is prevalent; therefore a decision made accordingly shall be considered as based on justice. But, if the law itself is not based on justice, then the decision based on it can never be considered just. Thus the principle laid down by the Quraan is that the law of the land should also be based on justice. In this respect the Quraan does not indulge in a philosophical debate as to what is meant by "law on the basis of justice" and what is the definition of justice. It addresses the Islamic sovereign state decisively as follows: (5:44) "If any do fail to judge by what Allah has revealed, they are the infidels." It means that where the rule is based on Quraanic Laws, it shall be an Islamic government and if it is not based on Quraanic Law, it shall be a government of non-believers. Only that law shall be considered as based on truth which conforms to the Book of Allah; any law contrary to it shall be based on 'zulm' (injustice). Thus the judges are addressed as follows: (7:158) "They guide people towards the Truth (the Quraan), and dispense justice in accordance with what it dictates." The real justice, in fact, is the justice based on Truth. If the law is not based on Truth, then any judgment according to this law cannot be considered as meeting the requirements of justice. Truth is, in fact, another name for the Book of Allah. The same is the difference between an Islamic state and a secular state. In Surah 'Saad' it is said: (38:26) "O David! We did indeed gave you the rule on the earth, so decide between men in truth, and do not follow the lust of their hearts, for they will mislead you from the path of Allah." This makes clear two issues: firstly that the law of the land ought to be based on Truth (the Book of Allah); secondly, that the court of law should remain above its personal sentiments that is it should remain neutral. That is what is called 'a just decision'. 2. For a system of justice the Quraan has ordained: (4:58) "And when you decide between man and man, you must do so with justice." Even when you make peace between parties, do so with justice (49:9) In Surah Al-Hujuraat it is ordained that if two factions of Muslims develop a dispute (and wage war against each other) "Sort out their mutual conflict with justice". 3. Even enmity with a nation should not incline you to act unjustly. (5:8) "Let not the enmity of others make you swerve from justice; be just, that is only nearer to (Taqwa) piety." 4. Not only the cases of Muslims, but the cases of non-Muslims also should be decided with justice. The Rasoole was ordained: "Even if the non-Muslims come to you for the judgment of their cases: (5:42) "Judge between them with equity". 5. The Rasool was told: "We have sent this Book to you with the truth": (5:48) "So judge between them as Allah has revealed and follow not their vain desires." 6. Al-Kitaab (The code of Divine Laws), power to enforce this code and scales of justice are the basic ingredients of an Islamic government as stated earlier. The various aspects of the subject are thoroughly discussed in Surah Al-Hadeed: (57:25) "For this purpose Allah has so arranged that He sends His Messengers to different people (nations) with clear, unambiguous arguments and each one of the messengers brings with him a code of law. He establishes an Order in accordance with this Code wherein every-body's deeds produce their Islaamic_Sharia_Law.pdf Page 24 of 571
Slide 25: designated results and thus people adhere to the rule of justice and equity. For the stability and strength of such a society We have sent, along with the code of laws, steel (to provide the enforcing power) in which there is much of stiffness (strength); because power provided by (the strength of) this steel becomes instrumental in establishing an order based on justice and equity and providing protection to the oppressed. Therefore, instead of being harmful, it becomes greatly beneficial to mankind. The establishment of this Order also brings into open those faithful and loyal persons who contribute towards achieving this goal (the establishment of the Order) which takes practical shape through the efforts of Allah's Messengers. Although the refulgent results of the establishment of this Order have not, as yet become visible, these faithful and loyal people, on the strength of their conviction only, offer every type of personal sacrifice and thus establish the system ordained by Allah, wherein lies inherent Power and Sovereignty." 7. During the course of justice, do not make any distinction between relatives and non-relatives or between your people and those of the other factions, neither the status of rich and poor, nor even your personal benefits, should affect your judgment. The judgment must be based on justice, even if it goes against yourself. Thus it is ordained: (6:153) "When you say something, say it according to justice, even if the concerned person is your relative." Justice depends on evidence and for evidence the Holy Quraan has set up such a high standard the like of which you may not find elsewhere. Thus it is said: (4:135) "In order to establish this system in which you find pleasures of the present life as well as of the future, the basic condition for justice is that you stand as a witness, neither from the plaintiff, nor defendant, but present your own evidence in all truth and equity, even if it goes against yourself or your parents or your other relatives. Do not differentiate between rich and poor in this respect: for Allah can best protect both, so much so that you must do justice even to your enemy (5:8). Do not favour anyone after swerving from what is just, as Allah Almighty himself takes care of them. Keep it in your mind that your sentiments may not come in the way of justice. Do not talk in a crooked manner, nor try to avoid being a witness. Remember that Allah's law of requital is well acquiantal with what you do. He knows the inclination of your mind as well as your sentiments." 8. As said earlier, Allah ordains both 'Adl' and 'Ihsaan' [(7:20); (16:90)]. To punish the criminal for his crime is 'Adl' (justice) and making good the loss of the claimant is Ihsaan. This is the basic responsibility of an Islamic state. A> Basic orders about the enforcement of Justice. 1. To punish the criminal according to law is the duty of the government. This is called 'Qisaas'. In this lies the secret of the life of people. There shall be no distinction between small or big. Thus it is said: (2:178) "O you who believe! As regards punishment, it has been made incumbent upon you that the murderer must be punished. (It means that the crime should be considered as a crime against society or against the system itself and not against the victim only). Thus while giving punishment, the basic principles of justice and equality must be kept in mind, which means that there should be no distinction between big and small. It is not a question of the position of the murderer or the murdered; the real question is the enforcement of justice according to which every human life is of equal value. For example if the murderer is a free man he alone shall be punished for his crime; likewise if she is a woman she shall not be spared because of her sex. She will have to undergo punishment. Murder can be of two types _ murder by intent, or murder by mistake. In the case of willful murder, the punishment is death (not ransom money) or any other punishment proportionate to the nature of the crime, i.e. anything less than the capital punishment (4:93). But the punishment should not exceed the nature of the crime [(42:40); (17:33)]. "But if it is not a willful murder but a murder by mistake, the punishment according to verse (4:92) is ransom money (blood money). But if a remission is made by the heirs of the slain out of their own goodwill, they are allowed to do so (17:33). In such a case it is incumbent on the murderer to abide by what has been settled and pay it in a commendable manner. In determining the punishment of murder by mistake, Allah has provided facility for relaxation, so that the potentialities of all of you may keep developing. But if anybody transgresses after the settlement has taken place, he shall be punished heavily." Thus it is clear that a compromise can take place only in case of unintentional murder, not in willful Islaamic_Sharia_Law.pdf Page 25 of 571
Slide 26: murder. In willful murder the murderer shall be punished. This is the law of QISAAS about which it has been ordained: (2:179) "O you men of understanding! In the Law of Qisaas (Retribution) there is (saving of) collective life to you". It means that if you think over it dispassionately, the reality shall come to the surface that in the Law of Qisaas (Retribution) there is a secret of individual as well as collective life, so that society can be saved from the dangers inherent in lawlessness. 2. Only the criminal _ and not any other person in his place _ shall receive punishment, nor shall any innocent person be prosecuted in place of a guilty person. Everybody shall bear his own burden: (6:165) "Every person draws the meed of his acts on none but himself; no bearer of burdens shall bear the burden of another." 3. The system of justice ought to be such that nobody might provide any benefit to the criminal, nor the recommendation of any person be accepted, nor the criminal be released through bribery, nor anybody could help him to escape punishment by any other means. Thus it is said: (2:48) "Then guard yourself against a day when one person shall not avail of another, nor shall the intercession be accepted for any person, nor any compensation be taken from somebody, nor shall anyone be helped (against the law)." [This will happen when the Quraanic System of Justice is established in this world; and in the life. Hereafter, all affairs shall be settled subject to the Law of Requital]. 4. The punishment of a criminal shall be proportionate to, and not exceed his crime. In this respect the principle is (42:40) "The recompense of an evil is punishment like it". This has been explained further in [(2:194); (10:27); (16:126); (22:60); (40:40)]. 5. If there exists possibility of mending one's self, he can be forgiven. (42:40) "But if a person forgives and makes reconciliation, his reward is due from Allah." 6. Before an offence is proved, the accused ought to be considered innocent. Thus during investigation he should not be treated with excess. To consider him guilty at this stage is against the Islamic Code. In Surah 'An-Noor' there is a tale about a woman during the time of Rasoole. It is said that some evilmonger brought about a false accusation against a virtuous woman and gave it publicity. The Quraan took strong notice of it and said: Evil-mongers had given publicity to a false accusation but what had happened to you that you accepted it as true, without any investigation When you had heard about it, you ought to have a favorable opinion about her and your first reaction ought to have been (24:12) "It is an obvious lie"; (This is an obvious lie) and (24:16)"This is most serious slander". From this the principle is deduced that unless a crime is proved against a person, he should not be considered guilty, i.e. an accused should not be considered a criminal, but a favorable opinion should be formed about him until such time that he is proved guilty. 7. When a legislation is passed none shall be held accountable for what he has done before its enactment. (4:23) "What has been done before (the enactment of a law) shall not be dealt with in accordance with this law." [Also see (2:275) and (5:95)]. 8. Only a willful act shall be considered a crime. Thus it is said (33:5) "There is no blame on you if you make a mistake: what counts is the intention of your hearts". i.e., only an act committed intentionally is accountable; if someone commits an offence on account of ignorance and thereafter repents and amends (his conduct), he can be excused for it. (6:54) But that does not mean that people may become careless about the law. Carelessness itself should be considered a separate offence. For example the punishment for willful murder is death and the punishment for murder by mistake is ransom money (4:92-93). It means that carelessness is also a crime but not as serious as a willful act. 9. If one is forcibly made to commit a crime he shall not be considered a criminal (16:106). The use of force may be of varied types; however, this is not the place for giving details about them. 10. A small mistake by those who always avoid big crimes may be considered excusable. About Mumineen it is said: (53:32) "These are the people who avoid major crimes, though they may fall into small slips". 11. Anybody who puts another on the wrong path, he becomes a partner in crime. About such people it is said: (16:25) "Let them bear on the Day of Judgment their own burden in full and also (something) of Islaamic_Sharia_Law.pdf Page 26 of 571
Slide 27: the burdens of those without knowledge, whom they misled. Alas! How grievous are the burdens they will bear!" Likewise is the one who commits a crime and throws it on another; he commits a double crime: (4:112) "And if any one commits a mistake or a crime himself and then foists it on to the innocent, he carries (on himself) (both) the burden of a calumny and a flagrant sin." 12. While declaring a judgment, the circumstances, upbringing, mentality and psychological condition of the criminal must be kept in mind. That is why the punishment, for a slave woman who commits adultery (zina), is laid down as half of that for a free woman (4:25); and double for the consorts of the Rasoole (33:30). It should be clearly understood that this commandment pertains to that period of Arab history when slavery was still rampant. Since the Quraan closed the door of slavery, the question of the captive women, or of the consorts of Rasoole does not arise. However, principles can be deduced from such verses which could be applied to present-day society. 13. Remove evil by doing good. It means to create such an atmosphere in society that people shall avoid crime automatically. (28:54); (23:96); (11:114) is a universal principle of the Quraan. It means that bad deeds ought to be countervailed by doing good. This principle serves as a means to bring about a pleasant and comprehensive resolution. Thus while declaring punishment for a crime, the prevailing conditions in the society ought to be kept in mind. 14. The object of justice is not only to punish the offenders but also to compensate the loss of the oppressed. In this connection the example of the crime of murder as laid down in the Quraan, can be presented. The one who is murdered leaves this world but the compensation for the loss that his heirs suffer is also necessary. Thus it is said: (17:33) "If anyone is slain wrongfully, We have given his heirs the right to demand (QISAAS) or to forgive.)" From this example you can draw a principle which can be applied to other occurrences like this. As far as the compensation of the loss of the oppressed is concerned, the oppressed shall be the plaintiff and the government shall be the defendant in such a case. Thus it shall be incumbent upon the government to protect the life, property, honor of all who live within its territory. Moreover, except for the loss suffered by a person on account of his own neglect or carelessness, its compensation shall lie on the government and this loss includes not only life and property but also mental torture, because the government guarantees to the people to provide for them an atmosphere wherein (2:38) "on them there shall be no fear nor shall they grieve". In fear the physical loss, is included and in grief, mental torture is included. 15. The government shall be answerable to the judiciary for each of its responsibilities, like other individuals. Even the Rasoole who was the first head of an Islamic state, was made to declare: (6:14) "I am the first to submit to Divine Law; and If I disobey Divine Command, I indeed fear the penalty of the Mighty Day." Therefore none is exempt from this law _ neither the government, nor its functionaries, nor even the head of state. 16. The Quraanic philosophy concerning crime is as under: a) Every crime leaves an effect on the offender himself (as well), so that, to begin with, the offender inflicts injury on his own person: (4:111) "If anybody earns a sin, he earns it against his own self". It means that the first effect of committing wrong is on the personality of the offender and this effect cannot be erased by punishment from the court. b) The effect of some offences is limited to the personality of the offender; it does not affect another person e.g. the treachery of the eyes and evil intentions of the heart (40:19). These offences do not normally come under the jurisdiction of the courts of law: yet even such offences which affect only the personality of the offender (for example addiction to narcotics) if declared as crimes by the law, shall come under the jurisdiction of the court. c) Only those offences come under the jurisdiction of a court which the offender has actually committed. For example if one intends to commit theft but does not find an opportunity to do it, although the effect of his intention shall be imprinted on his own 'self', he shall not be considered as an offender in the eyes of the law. The Quraan says that Allah's Law of Requital takes account of even the ideas that pass in your mind. It means that such a person shall not be an offender in the eyes of the law-court, yet he shall be an offender according to Allah's Law of Requital. That is why the Quraan lays stress on the Islaamic_Sharia_Law.pdf Page 27 of 571
Slide 28: reformation of human ideas and intentions. If the human intentions are rectified, the crimes cannot occur. Thus it is the duty of an Islamic state to give wide publicity to educate its citizens on the philosophy of crime, so that the individuals of the society begin to comprehend the eventual loss for wrongdoing and the violation of law. Verses (4:107-112) are an eye-opener and provide effective guidance for eradication of crimes from society. As a matter of fact Eemaan on Allah's Law of Requital and the life Hereafter, substantiated by reason and argument is a great rectifying force. 17. In matters relating to punishment, it ought to be kept in mind that the punishments prescribed by the Holy Quraan itself, are the maximum punishments and were proposed according to the socio-economic conditions that prevailed during the days of its revelation. These punishments shall be ordered only under similar conditions. If the conditions change, an Islamic Rule can make changes in them. An example of it is found in the Quraan itself. The punishment for revolt against the Islamic Rule is: • • • • Beheading, Crucification, Cutting off hands and feet, or Banishment (or detention) - (5:33) The object of prescribing a number of punishments is that these should be enforced according to the prevalent conditions. These punishments are neither abrogated, nor can they he annulled but these are conditional to the prevailing circumstances. On the other hand the Islamic Government itself shall determine punishments that have not been prescribed by the Quraan, the Islamic Government shall also decide as to which of the social laws can be included in the list of penal laws. B> Corporal punishment. The Holy Quraan has prescribed corporal punishments for crimes. Imprisonment as punishment is nowhere mentioned in the Quraan. (For general immodest behavior on the part of women which leads towards adultery, the punishment prescribed is "confinement to houses"): (4:15) "If any of your women are guilty of an immodesty (which can result in leading towards adultery) take the evidence of four reliable witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them or the law of Allah creates a situation which takes them away from such shameful acts; such as she gets married". [Punishment for fornication is mentioned in (24:2) and punishment for making a false accusation in (24:4)]. Internment can also be imposed as a punishment in crimes relating to disorder and rebellion as has been previously explained (5:33-34). In Surah "Ahzaab" (33rd chapter of the Quraan) a verse points towards banishment also. It starts with address to the Nabie: (33:59) "O Nabi! Tell your wives and daughters and the believing women, that they should cast (a loose) outer garment over their persons when going out, (24:31). It is necessary for their recognition as honorable women, so that no vulgar people may molest them. According to the Divine Law this shall serve as a means of their protection as well as training. (33:60-61) "So (You be careful to this extent but if after this) the hypocrites, whose hearts are diseased with wickedness and those who stir up sedition in the city desist not, then force shall have to be used against them; thus after a while they shall not be able to stay amongst you. They shall be deprived of all the privileges (they received, on account of their being the citizens of an Islamic State). In case they still persist in their rebellion, they shall be prosecuted and put to death." In the above passage the words points to the possibility of their banishment. C> Testimony (Evidence): 1. In evidence be just. In Surah Al-Maa-idah (5th Chapter of the Quraan) it is said: (5:8) "O you who believe! Stand out firmly as witnesses to maintain and perpetuate justice and do not do it for personal gain but merely for the sake of Allah." The singularity of believers has been described as: (70:33) "Those who stand firm in their testimonies." Islaamic_Sharia_Law.pdf Page 28 of 571
Slide 29: 2. Always come forward with just narration even if it goes against you or your parents or other relatives, in your testimony do not differentiate between the rich and the poor, nor should your sentiments be allowed to prevail upon you. Never speak in a crooked way. Do not evade standing as a witness. Stand not as a witness for the plaintiff or for the respondent, but do so for Allah alone. (4:135) "In order to establish a system in which you can receive the pleasant things of the present, as well as of the future, the basic condition is that you should become the custodians of justice in this world (5:8); and for justice the basic element is truthful evidence. Therefore stand out firmly for justice as witnesses for Allah, even as against yourself, or your parents, or your kins, and whether it be (against) rich or poor; do not become their well-wishers at the cost of leaving the course of truth, for Allah can best look after them. Follow not the behest of your passions lest you swerve. Nor say anything deceitful or refuse to present your testimony; verily Allah is well acquainted with what you do (even with your passions and inclinations)." 3. Do not conceal testimony; (2:283) "And do not intermix truth with falsehood in your evidence".(2:42) "Nor present untrue (false) testimony". The singularity of the believers has thus been stated: (25:71) "They never present false (untrue) testimony." 4. You should present your testimony only on matters that you personally know: Allah ordains: (17:36) "And pursue not that of which you have no personal knowledge, for every act of hearing, or of seeing or of feeling in your mind, will be questioned into. It means that you reach conclusions through personal enquiry by the use of your sense and mind. If any link of this chain is broken, your enquiry shall remain defective. This is a great responsibility that Allah has laid upon you. Allah has endowed you with "discretion and choice, so that you can choose between right and wrong; you are not a helpless machine, and with this, He has provided you with means to investigate; and not to use such means is to avoid your responsibility." 5. Witnesses should not refuse to attend when called for: (2:282) On the other hand stress has been enjoined upon: (2:282) "Let neither scribe nor witness be harmed." 6. If the testimony of certain witnesses is doubtful, the court can call other witnesses: (5:107-108) "If it is found that the witnesses are guilty of perjury, let two others (from the party against which the wrong evidence has been presented) stand forth in their places and swear by Allah that their testimony is truer than those who appeared earlier and that they will not exceed (beyond the truth); and if they do so they shall become guilty. (In the Divine Law, testimony over and above the first testimony is allowed because) therein lies the possibility of witnesses giving true evidence for fear of contradiction in which case they shall be considered as criminals and this shall bring them a bad name in society. Now it is necessary for you, therefore, to remain conscious of the Divine Law and listen carefully that if you leave the right path and take up the wrong instead, it would never lead you to your destination." 7. Witnesses ought to be from amongst your own people except where it is not possible to do so: (5:106) "O you who believe! When death approaches any of you, take witnesses amongst yourselves while making a will, because making a will has been made incumbent upon you (2:180) _ Take two just men as witnesses of your own (brotherhood), or others from outside if you are journeying through the land (or where your own people are not available) and the probability of death befalls you. Then at the time when their testimony is needed, if you doubt their truth, let your judges detain them both, after prayers (in the mosque) and let them both swear by Allah: We wish not in this for any worldly gain; even though our (beneficiary) be our near relatives; and that we shall hide not the true evidence. If we do that, then the sin will be upon us, i.e. we shall be considered as offenders." 8. In transacting financial matters take two male witnesses and if two male witnesses are not available, take one male and two females. The Holy Quraan has even given the bylaws in this respect to the minutest details for the reason that it gives utmost importance that matters of financial transactions should be clear and firm. We, therefore consider it necessary to append below complete guidance given by the Quraan in this regard: (2:282) "O you who believe! When you borrow money for a fixed period, reduce the agreement to writing. Let a scribe write down this mutual transaction faithfully: let the scribe not refuse to write; as Allah has given him the knowledge; but he should keep the Divine Law before him and not make any alterations in it (nothing more or less). If the one who takes the loan is mentally deficient or weak or is unable himself to dictate, let his guardian dictate faithfully; and take two witnesses out of your own men and if there are Islaamic_Sharia_Law.pdf Page 29 of 571
Slide 30: not two men, then a man and two women such as both parties agree to: the purpose behind taking two women in place of one man, so that if one of them errs or is confused, the other can remind her. The witnesses should not refuse when they are called on (for evidence), disdain not to reduce to writing your contract whether it be small or big, it is closer to the demands of justice in the sight of Divine Laws. This is the best method to make the testimony firm and free of any doubts among yourselves. But if it be a transaction which you carry out on the spot among yourselves (which you do normally), there is no blame on you if you reduce it not to writing, but even then take witnesses whenever you make such a deal; and let neither scribe nor witness suffer harm. If you do (such harm) it would be tantamount to flouting the Divine Law. So guard Allah's Law well, for it is He Who makes these laws known to you. And Allah is well-acquainted with all things. And after this it is said: (2:283) "If you are on a journey and cannot find a scribe, a pledge with possession (may serve the purpose). And if one of you deposits a thing on trust with another, let the trustee (faithfully) discharge his trust and thus abide by the Law of the One Who is his Sustainer. Conceal not evidence, for whoever conceals it, his heart gets tainted with sin. Even if other people do not know of it and he continues to be a reliable person among others, his 'self' does get injury and its nurturing forces do diminish and get weakened; because nothing can remain hidden from Allah's Law of Requital." As far as the question of two women in lieu of a man is concerned, the Quraan itself has explained the reason; i.e., if one woman forgets or is confused, the other shall remind her. This clarifies two points: i) Firstly that in that period the women were such (due to illiteracy) that they were not able to describe their own case properly (43:18) and that it was seldom that a chance arose for them to take part in the collective affairs; it was not unexpected of them to get confused before a court of law. ii) Secondly the need for a second woman arose only when the first one got confused and forgot. If the first woman remained free of confusion and forgetfulness, the second woman could neither interfere nor her testimony was needed. This fully explains that, in fact, two women are not appearing as separate witnesses; one would suffice provided she does not suffer confusion in the court. It makes clear that women are not considered unreliable as against men on the basis of being women. It is only the special conditions that are kept in view. When such conditions remain no more, the testimony of one man and one woman shall be considered equally trustworthy. 9. As explained in item (7), at least two witnesses are required while making a will (5:106). 10. For acts of immodesty (leading towards adultery or fornication) at least four witnesses are required: (4:15) "Remember! This testimony is for cases of general shameless acts (leading towards adultery) and not for adultery itself." 11. In cases of calumny against chaste woman, (at least) 4 witnesses are required (24:4) "And those who make an accusation against chaste women and provide not four witnesses (to support their accusation), scourge them eighty times and reject their evidence ever after; for such men are wicked transgressors. (Also deprive them of such privileges that are available to the citizens of an Islamic State, and if they still continue with their nefarious designs inflict upon them a more grievous penalty (24:23) because these people go astray leaving the right path. But if the charge (of adultery) is against one's own wife and other witnesses are not available, it is sufficient to take an oath. Thus it is said; (24:6-9) "And for those who raise a charge (of adultery) against their spouses and have (in support) no evidence but their own _ the solitary evidence of the husband (can be received) if he bears witness four times (with an oath) by Allah that he is solemnly telling the truth. And the fifth (oath should be) that he solemnly invokes the curse of Allah on himself if he tells a lie. But it would avert the punishment from the wife, if she bears witness four times (with an oath) by Allah that (her husband) is telling a lie. Again the fifth (oath) should be that she solemnly invokes the imprecation of Allah on herself if (her accuser) is telling the truth. With this she shall be acquitted." 12. Two witnesses for the last stage of divorce: (65:2) "When they complete their Iddat (term of counting) _ ('Iddat' shall be discussed in detail under injunction 12 of the family laws) _ either take them Islaamic_Sharia_Law.pdf Page 30 of 571
Slide 31: back on equitable terms or part from them on equitable terms and take for witness two persons from among you, endued with justice who stand as witnesses (to this last stage of divorce) as a duty towards Allah." The detailed injunctions about divorce shall be described later on; the issue described here is regarding 'Evidence'. 13. Circumstantial Evidence: Testimony can be deduced from circumstantial evidence; like it was done in the accusation against Joseph. Here the witness was not an eye-witness, but he argued: (12:26-28) "If it be that his shirt is rent from the front, then her tale is true and he is a liar, but if it be that his shirt is torn from the back, then she is the liar and he is telling the truth; so when he saw his shirt torn at the back, (her husband said) Behold! It is the guile of you women; how deep are your treacheries and how dangerous are your deceptions." (It should be understood clearly that the Quraan has described it only as an incident). Islaamic_Sharia_Law.pdf Page 31 of 571
Slide 32: Injunctions A> General injunctions for family life: The injunctions for family life are given in more details than any other subject in the Holy Quraan. In the social life of man 'home' is of utmost gravity. What is it that we call Society The doors of different homes open daily and the individual dwellers get dispersed in different directions; that is what makes a society. In the evening the same people, return to their respective homes. These very homes keep developing the future community. The upbringing of children depends upon their internal atmosphere. The fate of the future of nation is thus directly connected with the way children are brought up. The concept of Nizaam-e-Rabubiyyat (the economic system laid down in the Quraan) is based on the principle that every earning member of the society shall work according to his capacity and all that is gained by their collective efforts, shall be spent in fulfilling the needs of all the individuals of the society. In a miniature form, this system takes shape within the four walls of a home. The earning member of the family does not keep to himself what he earns, nor does he give priority to his own needs over the needs of the other members of the family. His earnings are spent by all the members of the family. In so doing, the earner does not bestow a favor upon the recipient, nor does the recipient receives it as charity. The donor considers it to be his responsibility and the recipient considers it to be his right. Based on the principle of the division of labor, all keep themselves busy in the performance of their respective duties. From this arises the feeling of mutual co-operation and thus a pleasant atmosphere prevails. The result of this delightful prevalence produces the occurrence of deep relationship of love and attraction which lasts for the rest of their lives. Thus a good home presents an example for the good society. That is why the Holy Quraan has accorded such great importance to family life and has provided detailed injunctions to make it exemplary: and this aspect takes precedence in our order of priority too in connection with Quraanic injunctions. B> INJUNCTIONS - FAMILY LIFE (1): THE STATUS OF MAN AND WOMAN. Basically, according to the Holy Quraan, there is no difference or distinction between one child and another by virtue of his birth: (17:70) "We have made every human being equally worthy of respect" is the ground rule. It is apparent that both men and women are included in "humanity" and both of them are equally worthy of respect. In pre-Islamic Arabia, a girl was considered inferior to a boy, and sadness, depression and anger of spirits prevailed on the birth of a girl. The Holy Quraan has forcefully condemned this mentality and has described it as follows: (16:58-59) "When news is brought to one of them of the (birth) of a female (child), his face darkens and he is filled with inward grief. The birth of a girl is considered such a disgraceful event that he hides himself with shame from the people because of the bad news announced to him. He begins to think whether he should keep her alive with disgrace or bury her in the dust, in order to save himself from this ignominy. Ah! What an evil (choice) he decides on her." The result of this degraded status of girls in the Arab society of that era, was that they were kept devoid of literacy and art. They were considered foolish and ignorant. There was no value of their opinions and they were considered unworthy of consultation in settling affairs. It is apparent that when they are kept in this position in successive generations, their intellect would gradually degenerate. These were the women whom the Quraan describes as: (43:18) "One brought up among ornaments and unable to give a clear account in a dispute". This was the abatement in a woman, on the basis of which the Quraan had advised that when a woman has to appear before a court of law, a second woman shall stand by her side to remind her if she forgets or is confused. (See under the heading "Evidence"). (2:282) "If one of them gets confused or forgets, the other may remind her." The Quraan raised woman from this level and with proper education and upbringing brought her to the level of man in all walks of life. Men were instructed not to look down on women because: (3:194) The one of you is from the other". However, in relation to certain natural functions, like 'childbirth' and the nurturing and upbringing of children, there is their own distinct 'division of labor'. From this point of view, in the 'allocation' of labor, men are superior to women in some affairs, and women are superior to men in others. This is what is meant by: (4:32;34) "Allah has made some of them excel others". In order to fulfill their natural obligations, a woman's major part of life is spent in the giving birth to and in upbringing of children. During this period she is not capable of earning her own livelihood. Thus (as is stressed by Islaamic_Sharia_Law.pdf Page 32 of 571
Slide 33: the Quraan) in a family life, man is responsible for fulfilling the needs of the woman: (4:34) "Men are the maintainers of women". This has been made clear so that men may not think that women consume their earnings, while sitting at home, with no effort on their part. Thus taking them as 'needy', men may consider them despicable and abject. The Quraan has explained to man that family life is a mutual affair; in it the duties performed by woman are not within your reach; as such it is your duty to provide for her and the children. This does not mean that the Quraan considers woman a disabled person entirely dependent on man. What has been said relates only to distribution of work in family life; otherwise a woman can also earn her livelihood and be its owner. It is said in Surah An-Nisa: (4:32) "Men shall have what they earn and women shall have what they earn." Since in family life the fulfillment of the needs of the wife and children is the responsibility of man, in the inheritance of the property of parents a daughter's share is half that of a son. (Details will be found in the chapter of Inheritance). Besides the difference described above, the status of men and women is equal in all affairs of daily life; equal to the extent that the Quraan has used the word Zauj for them. If two parts of a certain object are such that one remains incomplete without the other, each one of these two parts is called Zauj i.e. one serves as a means to complement the other, e.g. the two wheels of a cart: if one is missing, or is weak, or comparatively smaller, the other shall become useless. That is the relationship between a wife and her husband and their positions in the vehicle of life. As far as belonging to different sexes is concerned, there in no special competency that men possess and women do not. Observe how the Holy Quraan has described their qualities as parallel to one another when it is said; (33:35) "It is a fact that as men can bow down to the Divine Laws so can women; as men can be the believers in truth, so can women; as men are capable of attesting and verifying their 'belief' by their personal acts, so are women; as men possess the capability of not losing heart in the event of trials, so are women; as men can go on submitting to the feelings of their responsibilities, so do women possess this capability; as men are equipped with the quality of self-sacrifice, so are women; as men can keep complete control over themselves, so can women; as men possess the capability of keeping themselves subservient to the Divine Laws, so do women. As men and women both possess all the above qualities, the fruits of their deeds should also be similar for each other. For the same reason Allah has prepared protection and reward for both." It can thus be seen from the above that there is no aspect of life in which men are competent but the women are not. The Quraan says: (4:124) "If having professed Eemaan, any does deeds of righteousness (constructive and positive), whether male or female, both shall get the life of paradise and not the least injustice will be done in their recompense." At another place the Quraan states: (3:194 ; 16:97) "Never shall We deprive any of you of the fruits of your efforts _ whether male or female. You are the individuals belonging to the same kind: so why should there be any distinction or classification between you " To enjoin what is lawful according to the Divine Laws and prohibit what is unlawful is the basic duty (function) of an Islamic State; and men and women both can take part in the performance of this duty: (9:71) "The believing men and women, are friends and associates (companions) of one another on account of their sharing the motto of life, they enjoin what is just and forbid what is evil; they establish the System of 'Salaat' and provide means of nourishment to humanity, and obey Allah and His Rasoole - (the Divine Order). These are the people who shall benefit from the means of nourishment provided by Allah and the whole world shall witness the power and wisdom of the Divine Laws." Thus a woman cannot be declared ineligible for taking part in state affairs merely on account of her being a woman. It is apparent from the principles laid down in the Quraan that any law that discriminates between men and women only on the basis of sex, is repugnant to the Quraan (Except in those matters where the Quraan has specifically said so, e.g., share in inheritance). C> INJUNCTIONS - FAMILY LIFE (2): RELATIONS BETWEEN HUSBAND AND WIFE 1. NIKAAH - (MARRIAGE CONTRACT). Nikaah is a mutual contract between a man and a woman. It appears in Surah An-Nisa: (4:21) "Your wives have taken a firm covenant from you". By virtue of this contract a man and a woman pledge to Islaamic_Sharia_Law.pdf Page 33 of 571
Slide 34: accept the rights and obligations laid down by the Quraan in respect of their being husband and wife in order to lead a life of companionship. 2. AGE FOR NIKAAH. According to the Holy Quraan, the age for Nikaah is the age of puberty. The Quraan has specifically mentioned: (4:6) "You should, as their guardians, keep monitoring the orphans till they reach the age of Nikaah." However, the Quraan has not determined as to what can be the age of puberty besides other factors, as it differs in different climatic conditions. At yet another place it is stated as age of adolescence: (6:153) : (17:34) "until they reach the age of adolescence." What this age is, has been explained by the Quraan at another place while pointing towards the different stages of human life. It is said: (40:67) "Then He brings you forth as an infant, then lets you reach the age of adolescence, then lets you become old." Keeping the above verses in view, the matter becomes quite clear. In Surah An-Nisa (4:6) was said i.e., till they reach the age of Nikaah (adolescence) and in Surah An'aam has been said (6:153) ' till they reach the age of adolescence and in (40:67) this age has been interpreted as an age (6:153) between childhood and old-age i.e. the adolescence; it thus becomes evident that according to Quraan, the age of Nikaah is the age of puberty (adolescence). Thus the Quraan has laid down the age of marriage as the age of puberty both for the boy and the girl. Therefore the question of marriages of immature people (before they reach adolescence) does not arise. It is up to the Islamic Government to determine this age (according to its environmental circumstances). 3. MUTUAL CONSENT. Just as the age of puberty of both boy and girl is essential for the contract of marriage, likewise their mutual consent is also mandatory: without it the contract of marriage cannot take place. About men it is said: (4:13) "Marry the woman of your liking." About women it is said: (4:19) "It is not lawful for you to bring women into your wedlock forcibly (without their consent)." Since the Nikaah cannot be solemnized in childhood, the question of appointing a guardian does not arise. However if the woman so desires she can appoint an attorney in order to settle affairs on her behalf. The statement in Surah Baqarah, (2:237) "In whose hands is the marriage tie", means the attorney appointed by the woman, or the court itself having the power of dissolution of marriage. 4. CEREMONY FOR NIKAAH (MARRIAGE). The Quraan has not laid down any specific ceremony for marriage. There is not even a mention of any special person who solemnizes Nikaah. Since this is a contract, whatever laws are laid down by the government for the ratification of contracts, this contract should also be ratified (confirmed) according to the prevalent laws. It is essential for the government to make definite laws for the purpose. Moreover, it is equally important to proclaim the solemnization of Nikaah. A marriage kept secret is not tenderized by the Quraan. (5:5) 5. FORBIDDEN FOR MARRIAGE (MUHARRAMAAT). The Holy Quraan has declared in detail those men and women who cannot marry each other. The list is as follows: a) Marriage between a Muslim man or woman (monotheists) and polytheist man or woman is unlawful. It is said: (2:221) "Do not marry unbelieving woman (idolaters) until they profess Eemaan. A captive Muslim man is better than a free Mushrik man regardless of how pleasing he may appear; it is because marriage between persons of different ideologies makes family life a veritable hell. This is why Allah's Law prevents you from such a union. On the other hand, marriage between spouses with a similar ideology creates a paradisiacal family life. Divine Law wants to bestow on you the contentments of paradisiac life and protects you from various pitfalls. Allah explains to mankind His Laws clearly so that they may see the truth laid open before them." Islaamic_Sharia_Law.pdf Page 34 of 571
Slide 35: At another place it is said: (5:5) "Chaste Mu'min women", which means that it is necessary for the woman to be a Muslimah. b) Muslim men can marry women from amongst the people of the Book:(5:5) "Chaste women from amongst the people of the Book are also made lawful to you" under conditions laid down for marrying the Muslim women. But a Muslim woman cannot marry a non-Muslim man (5:5). It clarifies the issue that Muslim men can marry woman from the people of the Book but Muslim women cannot marry their men. It therefore implies that: i) Muslim men can marry Muslim women or women from people of the Book, and ii) Muslim women can marry only Muslim men. Remember that marriage between a Muslim man and a woman from the people of Book is only permitted; it is not an injunction. An Islamic State can suspend this permission for a period for the sake of social exigencies or those pertaining to 'Deen'. However, it cannot repeal this injunction (it can only suspend it for a period); for example, the prohibition of selling meat for two days every week as it is practiced in Pakistan these days. c) According to verses (4:20-24) the following women are declared unlawful for marriage (with Muslim men): "Mothers (real or foster, those who have suckled you), daughters, sisters, father's sisters, mother's sisters, brother's daughters; sister's daughters, women who have suckled you and girls with whom you have shared the suck, (your foster sisters); your wives mothers; your step daughters under your guardianship, born of your wives to whom you have gone in _ no prohibition if you have not gone in: (those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same times, except for what is past; for Allah is oft-forgiving, most merciful." [The word Muhsanah means pious and chaste women, it also means 'married women'. The latter meaning is applicable here]. The Holy Quraan has not given the details of (breast feeding) itself i.e. as to how the condition of suckling is fulfilled; neither has it laid down how the condition of being a foster sister (sharing one mother's milk with you) is satisfied. Its details shall be ascertained by the Islamic State. Remember that only that woman shall be unlawful to you who has suckled you or the girl who has shared the suck. It has been said above that those women who are already married are also unlawful, yet the Quraan did make an exception in it. The women who had migrated from Makkah and their husbands were present (it is apparent that those husbands were non-Muslims, otherwise they could also have migrated) were also permitted for marriage (6:10); an Islamic State can issue special orders in the light of this exception, if such circumstances re-occur in any country. Note: Adopted relations do not become real: thus it is said: (33:4) "Nor has He made your adopted sons as real sons". (It shall be applicable to all adopted sons as real sons). (It shall be applicable to all adopted relations). It shows that the Quraan gives no legal status to adopted relations. In Surah An-Noor, a verse says: (24:3) "A man guilty of adultery or fornication marries only a woman similarly guilty or a Mushirkah woman; and a woman guilty of adultery or fornication can be married only by a man similarly guilty or by a Mushrik man, that is unlawful for Mu'mineen." But we do not consider this purport as true. The ensuing results from this are apparent. In our view, the word Nikaah in this verse has been used for cohabitation which is its basic meaning. Thus the verses mean as follows - If any of the believing man or a believing woman is determined to remain chaste, adultery or fornication cannot occur. It can occur only by their mutual consent. [the question of Zina bil jabr (rape) is different]; only those people commit this crime who do not believe in the Divine Laws; believers cannot act as such. Thus this verse emphasizes and vividly explains the abomination of the act of fornication. That is why we have not given it in the list of "Muharramaat" ( ) (persons between whom marriage is unlawful). As stated before, in the early days of Islam there were such women in Makkah as had embraced Islam themselves but their husbands did not and they had migrated to Madina leaving their husbands; Islaamic_Sharia_Law.pdf Page 35 of 571
Slide 36: believing men should marry them (60:10). From this it can be deduced that by abandoning Islam, the marriage automatically gets dissolved. But its legal decision lies with the Islamic Government. 6. POLYGAMY. The Quraan has prescribed monogamy (one wife at a time), as a matter of rule. In case of constancy becoming extremely difficult with the wife, (details shall be discussed under the heading 'Divorce'), a second wife is allowed in her place: (4:20) "And if you decide to take a wife in the place of another..." Let it be made clear immediately that it does not mean that you are free to divorce your wife any time you like and bring another one in her place. The conditions under which divorce can be resorted to are being described in a separate chapter. Monogamy; is the principle laid down by the Quraan. But if any particular circumstances crop up in society (for example on account of war) when the number of widows and young girls increases and there is no satisfactory remedy for it is in view, the Islamic Government can allow a man to marry more than one woman (up to four) making an exception in the 'one wife' rule. But there are two essential conditions under which it can be allowed: firstly, that the man doing so can do justice with his wives; and secondly, that he is capable of supporting this large family. If any of these two conditions cannot be fulfilled, the second marriage is not allowed. Surah An-Nisa states: (4:3) "If ever such circumstances occur (for example on account of a war) that in the society men are lost (perished) and widows and orphans (boys and girls) increase, especially women without husbands (4:127) and an equitable and just solution cannot otherwise be found; under such circumstances it is allowed, for the sake of protection of these widows and orphans, that you can marry out of these women whom you like [those who are willing to marry you (4:19)]. For this purpose exception is given in the principle of 'one wife at a time'. In such an event, as the circumstances require and as the society decides, two or three, or four wives at a time, can be taken in marriage. But if you feel that in so doing you shall not be able to keep the scales of justice balanced amongst the different family members, then one man and one wife shall remain the law or the female slaves that you already possess (have brought in your Nikaah). After the advent of Islam, the custom of acquiring captives was abolished. In respect of possessing female captives, the words "you already possess", are to be taken special note of. Limiting to one wife is a much better course to avoid injustice in the family and to avoid additional encumbrance due to abundance of progeny. This is the only verse in the Quraan that allows polygamy and, as can be observed, it is conditional: "if you fear that you shall not be able to deal justly with the orphans, then only one wife is allowed". Without the occurrence of this condition, polygamy is disallowed. Let it be made clear that the word is not limited to mean only orphan boys and girls; the unmarried girls and women are also included in it. (see Lughatul-Quraan). In the Quraan itself you find the word (4:127) i.e. orphan (widow) women. As regards the condition of maintaining 'justice' it is not possible in this respect. Here justice means that you do not become so deeply inclined towards one wife that the other is left unattended to and uncured for! (4:129) "Remember that under the circumstances explained in verse (4:3), when you marry more than one wife you shall have to deal with them justly. As far as love and affection is concerned, it is impossible to deal with different wives equally. You will not be able to dos so, no matter how much you desire it, because such things are related to emotions and equality in sentiments is just not possible. Here the 'justice' which is aimed at and which is possible, is that you do not become so much devoted to one wife that the other remains totally neglected. However, in social matters deal with them on the basis of equality. This shall meet the demand of justice according to the Divine Law; and by so doing you shall be protected against the pernicious effects of emotional inbalance. The Divine Law in this manner makes room for your protection and nourishment." Remember that when a nation feels the urgency to solve the problem of widows and orphans, the women also shall take equal part in this decision; men alone shall not decide it. It shows that even under the extraordinary circumstances the consent of the first wife shall be mandatory, otherwise the home shall turn into a hell. Except under the circumstances described above a second wife is not allowed. 7. FEMALE CAPTIVES. During the period when the Quraan was revealed, the slaves (captives), both men and women, were part of the Arab society. The Quraan closed the door of slavery, and captive women who were part of the household, were either made a part of the respective families (were taken into wed-lock) or were Islaamic_Sharia_Law.pdf Page 36 of 571
Slide 37: gradually freed. The words whenever they occur in the Quraan, mean 'those captive women who were present in those days.' Now the question of slave women does not arise. 8. FACILITATIONS FOR MARRIAGE. The society ought to provide facilities to those who possess competence for marriage. The Quraan addresses the Islamic society by saying: (24:32) "Make proper arrangement for the marriage of those men or women who have not got the adequate facilities for marriage." But to get married is not an injunction; it is not necessary that men or women "must" get married. Those who wish to lead an unmarried life and for whom the means to get married are not available, should control their passions (abstain): (24:33) "Those who prefer a celibate life or have not the wherewithal for marriage, should exercise self-control." During a state of extreme hunger, the Holy Quraan has allowed the eating of unlawful things (according to need), but has not allowed fornication or adultery to satisfy one's sexual passions. Obviously man does not possess control over hunger, but on the other hand sexual urges are purely thought-motivated. Therefore the question of sexual constraint (helplessness) does not arise. An Islamic Society creates an environment in which sexual stimulations are least liable to occur. 9. SEXUAL INTERCOURSE. Sexual intercourse is prohibited under the following conditions: a) During menstruation; b) While fasting, however, it is permitted during nights, in the month of Ramadaan (before the start and after termination of the "fast"); c) While one is "in retreat" (I'tikaaf) in the mosques. (during the month of Ramadaan). 10. OBJECT OF SEXUAL INTERCOURSE. The Quraan says: (2:223) "Your wives are as a tilt unto you, so approach your tilts when you so desire." This brings forth an important fact: one goes to the tilt in order to sow the seeds, therefore the object of sexual intercourse ought to be the augmentation of human race, not pleasure alone. This augmentation ought to be thoughtfully planned; it should not only meet personal requirements but also collective social exigencies. 'Approach the tilt' means, that you have sexual intercourse when you desire to have a child. This system (of controlled mating) prevails in nature. At yet another place the words (4:24) have been used for it; which means that the object of marriage is fortification of your procreative energies within the bounds of wedlock and not the mere satisfaction of your lust (not to let your semen flow out purposelessly). However, this is our deduction from the verses of the Quraan. 11. THE OBJECT OF MATRIMONIAL LIFE. The object of matrimonial life is that a husband and a wife cultivate love and companionship, so as to make life tranquil at home (life of peace and solace); thus it is said: (30:21) "Among His signs is that He created for you mates from among yourselves, that you may dwell in tranquility with them and as such He has created such a deep relationship between yourselves, as a means of actualization of potentialities for both of you. Verily in that are signs for those who reflect." As to how much concord is present in the relationship between husband and wife, the Quraan has beautifully described a metaphor, when it is said: (2:187) "They are an apparel for you, and you are an apparel for them." As far as the mutual rights and obligations are concerned, the Quraan has condensed it in one comprehensive sentence when it said: (2:228) "The obligations of women shall be equal to their rights, one obligation against each right*." It has been described earlier that in view of the duties incumbent upon women, on account of their biological structure, the responsibility of earning sustenance for them rests upon men (4:34). Islaamic_Sharia_Law.pdf Page 37 of 571
Slide 38: The relationship also expand through marriages Relationships of marriage (in-laws) come into existence in addition to the relationship of lineage: (25:54) "In it are included both relationships of lineage and of in-laws." 12. DOWER. a) In Surah An-Nisa, after giving the details of those between whom marriage is unlawful, it is said: (4:24); (5:5) "Except such women, others are lawful provided you seek (them in marriage) with gifts from your property." The term "Mahr" (dower) is used for these gifts in Fiqh (jurisprudence). The word "Mahr" does not occur in the Quraan, instead the words "Ajoor" or "Saduqaah" have been used. The Quraan has explained it further that (Mahr) is not a compensation for anything. This is a gift, without the concept of remuneration or reward. The Quraan has also used the word "Nihlah" for it: (4:4) "And give the women (on marriage) their dower as free gift". In giving a "gift" is no concept of gain or compensation. b) No amount for 'dower' has been stipulated by the Quraan. Anything decided by mutual consent is "Mahr" but because its payment is essential, it has also been termed a 'duty' (Divine Command) (2:236237), therefore it ought to be proportionate to one's economic status. In this connection guidance is also available in (2:236). It might expand to a heap of gold (4:20), In this verse Qintaar means a heap of gold. c) The payment of dower ought to be made soon after Nikaah at the time of marriage. But it is evident from the verse (2:236) of Surah Al-Baqarah that an (Occasion may arise when the amount of dower could not be fixed at the time of marriage, In this verse it has been explained) (2:236) "There is no blame on you if you divorce women before consummation or the fixation of their dower." It means that if for some reason the amount of dower could not be fixed at the time of marriage, it can be determined later on. d) Dower is the property of the woman; no one has the right to deprive her of this amount. However, a woman can remit a part thereof if she so desires. (4:4) "Pay the dower of your wives without any notion of a reward, like the honeybee giving her honey (there is no concept of reward in it). Since dower is a gift and not an exchange, woman cheerfully remits a part of it, you can by all means use it for yourself." A little later in the same Surah has been said that the amount of dower can be altered by mutual consent. In the words of the Quraan: (4:24) "But if you agree mutually to vary the dower after it has been prescribed, there is no blame on you." e) After marriage if divorce occurs before consummation, then: i) If dower has not been fixed, then the man ought to pay something according to his economic status. Surah Al-Baqarah says: [(2:236; 33:49)] "There is no blame on you if you divorce women before consummation or the fixing of their 'dower', but bestow on them (a suitable gift), the wealthy according to his means: and the poor according to his means (so that the loss she has thus suffered may be made good to a certain extent); gift of reasonable amount is due form those who wish to do the right thing." ii) If dower was fixed, half of it shall have to be paid; but if the woman or her agent so agrees, or if the court of law thinks it necessary under certain circumstances, it can also be remitted fully: (2:237) "And if you divorce them before consummation, and the dower had been fixed, half of the dower (is due to them) unless they forgo it willingly; or it is remitted by him in whose hands is the marriage tie. And to forgo what is due to you is more near to Taqwa (adherence to Allah's Law). And forget not that you have to act with grace towards one another. Surly Allah sees all what you do." Verse (2:237) should be kept in mind: "In whose hands is the marriage tie". It is often deduced from this that the marriage tie is in the hands of the husband, keeping in mind the common concept that only the man has a right to divorce. But in our viewpoint this deduction is not correct. We shall elaborate on that Islaamic_Sharia_Law.pdf Page 38 of 571
Slide 39: later. According to the Holy Quraan the right to divorce belongs equally to the man as well as to the woman. Here the meaning of the words can mean the woman's agent in the court of law, or the court of law itself. (See also chapter on 'Talaaq'-Divorce). f) If a woman is guilty of immodesty, something can be deducted from her dower: (4:19) "O you who believe! (As has been said in (4:3), that a man should exercise his choice in marrying a woman likewise the consent of woman is also necessary for marriage). You are forbidden to become masters of women forcibly (against their will, nor is it justifiable for you to keep them against their will with the intent of bargaining to recover a part of what you have paid them; this is not permitted except where they have been guilty of open immodesty". (In such a case the court can allow you a part of it). It is apparent that a case like this can only be decided by the law-court. g) If a woman demands divorce (and the court of law agrees), she shall have to pay something for it (2:229); it may not necessarily be out of the dower money. (This is only for reference sake; details shall come under the heading 'Divorce'). Note: (Dowry __ the paraphernalia of a bride __ is merely a custom which has not been ordained by the Quraan. It is extremely unfair on the part of man to demand 'Jahez' (dowry). The Quraan has ordained man to give something; not to take anything from the woman. (This is a HINDU custom which Muslims have appropriated!). 13. MAINTENANCE. a) As has been stated earlier, the provision of sustenance of the wife is the responsibility of her husband (4:34). Therefore as long as she remains in his wedlock, he shall be responsible. This includes the place of residence as well. b) During the waiting period of a divorced woman i.e. during Iddat, the above stated responsibility shall lie on the husband [(2:241); (65:1); (65:6-7)] except when she is guilty of immodesty (65:1). (Details shall be found under the heading "Iddat" _ waiting period of a divorced woman). c) As regards a widow, the responsibility for her maintenance still lies on the man for a period of one year. Therefore he ought to leave a will for her; but this responsibility remains no more if and when she leaves the home of the deceased husband of her own free will. (Details shall be given under the heading 'Inheritance'). 14. STRAINED RELATIONS. i) As described earlier, the object of marriage is to lead a life full of love and tranquility; thus a careful selection of partners is an utmost necessity. Yet circumstances may arise when mutual relations become strained. In some events unpleasantness may be temporary, owing to tempers being volatile; for example, a person, while angry, begins to talk absurdly or on account of ignorance, calls his wife "mother", or anything like that; this is termed "Zihaar" in technical terms; and when the rage cools down he feels ashamed. The Quraan says that such foolish talk an oaths should not be taken seriously. (2:225) "Allah will not call you to account for absurd oaths, but you will be accountable for such oaths that are taken with the intention of your hearts. (Also 5:89) By calling your wife 'mother', she does not actually become your mother: (33:4) "Nor has He made your wives, when you express so by 'Zihaar', your mothers". Such foolish behavior makes family atmosphere venomous. The Quraan, therefore, considers it necessary to penalize such behavior. In such cases before the resumption of sexual relations, the Quraan ordains (a) freeing a slave (this relates to the period when slaves were present); (b) if slaves are not found, fasting for two months; (c) if one lacks endurance (for fasting for two months), them feeding sixty indigents. In Surah 'Mujaadilah' it is said: (58:3-4) "But those who call their wives mothers (or something like that), then wish to go back on the words they had uttered, (it is ordained that such a one should free a slave, before they copulate. To this you are exhorted; and Allah is well acquainted with (all) that you do. And if anyone who has not the means, he should fast for two months consecutively, before he copulates. But if one is unable to do even that, he should feed sixty indigent ones: this is to ensure that you do profess (Eemaan), a firm belief in the Divine System which has been established by the Rasoole." It is essential for a believer to keep himself bound by the limits laid down by Allah. (In case one makes a mistake, its compensation lies in the steps described above). But the people who reject these limits are non-believers and there is a tormenting chastisement for them. Islaamic_Sharia_Law.pdf Page 39 of 571
Slide 40: ii) The above relates to absurd oaths while in a state of anger. But if someone willfully takes an oath, not to go to his wife (the term EELA is used for it in Arabic). Such a state cannot be allowed to continue indefinitely. The Quraan has ordained that such a person should decide within four months whether he wants to keep his wife in wedlock or not: (2:226-227) "For those who take an oath of abstention from their wives, a waiting period of four months is ordained (because a woman cannot be left in this condition for an unlimited period). If then they return (to their ordinary life), they are allowed, because a room has been left for forgiveness and protection in such falterings [(95:89); (33:4); (58:3)]; i.e. like penalty for breaking an oath. But if their intention is firm for divorce, they should proceed in accordance with the Divine Law, which is from Allah Who is All-Hearing, All-Knowing. He knows that separation is the better course in such cases." An Islamic state can formulate necessary laws for those who do not want to keep their wives with them or for those whose whereabouts become unknown. The aim is to provide protection to the rights of a woman and not to leave her entirely at the mercy of her husband. 15. DIVORCE. 'Nikaah' is a contract between a sensible and mature man and woman to lead a married life. The Quraan provides such instructions under which this contract is fulfilled with beauty and proportion, because the social life of a nation depends on agreeable and favorable environments within the home itself. This forms the basis for the proper up-bringing of a nation. But if in spite of all that, occasion arises when it becomes impossible for them to live together, the Quraan allows separation, after the dissolution of the contract of marriage. This act is called Divorce. (Keep in mind this meaning of the word divorce). The case of marriage was left to the mutual consent of both parties on account of its being a personal affair, but the dissolution of marriage remains no more a personal affair because it affects the opposite party as well as their offsprings in most cases. Thus it becomes a collective society affair, for which instructions have been laid down by the Quraan. There is one thing in this case which is important and which needs clarification: whereas mutual discretion of both parties was essential for marriage, as such the dissolution of marriage cannot take place by the consent of one party alone. The husband cannot be allowed to declare "Divorce, Divorce, Divorce" of his own free will whenever he so likes and turn his wife out from the house; while on the other hand the other party (wife) be made so helpless that she is compelled to bear many hardships in order to be able to get rid of this commitment. The Quraan has ordained equal rights and obligations for a husband and a wife; their position is equal in this respect also. Let us look at the instructions it gives to society. It says: (4:35) "If you fear a breach between them (the couple), the concerned authority should constitute a board of arbitration consisting of two members, one from his family and the other from hers. Thus if the husband and the wife make up their minds for reconciliation, the two arbiters should attempt to bring them close to each other. The Divine Law shall bring about reconciliation because the law is based on Allah's Knowledge, Who is acquainted with all things." The term includes both man and woman. The complainant may be the man or the woman; in both cases it is the duty of society to appoint an arbitration board. If the woman feels an excess or disinclination from her husband, even then they try to patch up their differences amongst themselves or ask for a board of arbitration to be appointed. Thus it said: (4:128) "And if a woman fears ill-usage from her husband or desertion, no blame is on them if they effect a reconciliation between them for amicable settlement is always good", (or otherwise ask for the appointment of a board of arbitration). In Surah 'Al-Mujaadilah' (58th Chapter of the Quraan) it is said: (58:1) "Allah has indeed heard the woman who was disputing with you concerning her husband, and complaining to Allah (about the maltreatment she was receiving at the hands of her husband) and Allah was hearing the contentions of both of you. Surely Allah hears and sees (all things)." This also makes it clear that a woman can take her case to a court of law and has full right to apply for divorce; however, the first priority of the court of arbitration shall be to bring about reconciliation between them. Remember, the Quraan has used the term "Talaaq" (Divorce) both in respect of the husband and the wife. The term "Khul'ah" (divorce obtained by a wife against a ransom by herself or through an attorney) is nowhere to be found in the Quraan. Moreover, when it is said that a husband has delegated his right Islaamic_Sharia_Law.pdf Page 40 of 571
Slide 41: of divorce to his wife this is not correct; according to the Holy Quraan because husband and wife have equal rights of divorce. Delegating the right of divorce by husband ("Tafweez" in juristic terminology) makes no sense. If reconciliation cannot be brought about, the court which has convened the board of arbitration shall declare dissolution of marriage. This shall be known as Divorce. It is said in Surah At-Talaaq (65th Chapter of the Quraan): (65:1) "O Rasoole! When you pronounce decisions on divorce cases, tell the people concerned that after this (the divorce) the issue of 'counting period' (Iddat) is a matter of great importance and must be completed." The Rasoole has been addressed in the verse (65:1) by the words : "When you divorce women". Here the word used is "Tallaqtum" which is plural. Thus the matter does not concern the divorce of any wife of the Rasoole himself. Such a question never arose. As a matter of fact it is the status of the Rasoole as a judge that is being addressed. Thus the word "Tallaqtum" means: "When you decide the divorce cases of women". It makes clear that divorce is not an individual affair allowing a man to divorce his wife any time he likes. Such decisions shall only be announced by duly authorised courts. The court first appoints a board of arbitration and if reconciliation fails, then it decrees the divorce. Because the calculation of the period of Iddat defends upon the number of menstrual periods, the execution of divorce ought to take place after the last menstrual period is over. In the above said verse (65:1) after the words come the words meaning 'to count (accurately)'. The court shall make this point clear in its decision. If the court finds that the husband does not want a reconciliation, it shall grant a divorce, without taking anything back (of the dower money) from the wife. It is thus said in Surah An-Nisa (4th Chapter of the Quraan): (4:20-21) "If you intend to take another woman in place of your present wife (it does, in no way, mean that the desire to bring in a new wife can become a reason for divorce ___ it only means that if, according to the conditions laid down which were mentioned earlier _ the matter reaches the stage of divorce) and you have given the latter a whole treasure (heap of gold) as dower, you should not take back even a portion of it. (However, if the demand for a divorce was initiated by the wife (2:229) or the wife is guilty of immodesty (4:19), a part can be retrieved from her. In case no such conditions prevail, then you should not slander her or accuse her of open wrong in order to compel her to surrender a part of her dower. How can you do such a thing when your wives have taken a solemn covenant from you, and you also have enjoyed marital relations with each other." But if the woman is guilty of a shameful act which leads to adultery or fornication, then: (4:19) "It is not lawful for you to try to detain them forcibly so that you may fraudulently take away part of the dower that you have given them, except when they have been guilty of open immodesty." Or if she herself is unwilling to live with her husband, the court can order some compensation to be paid to the husband. (2:229) "(In case of dissolution of marriage), it is not lawful for you (men) to take back any of your gifts (from your wives), except when a situation arises that this money is blocking the way to the finalisation of divorce; and on the other hand on account of strained relations, in case of the continuation of their marital relationship both parties fear that they would not be able to safeguard the limits ordained by Allah (in faithfully discharging their obligations) and the society's judicial system also reaches the same conclusion, there is no blame on either of them if she gives something for her freedom from the bonds of marriage." Such conditions may arise that a woman gets married with ill intentions, and having received the dower money, takes steps to seek divorce. In such cases, forgiving a part of the dower shall serve as a deterrent against such nefarious designs. After the court declares divorce, the period of 'Iddat' shall begin. 'Iddat' means the prescribed period before the end of which the woman cannot marry again (Details are given under the heading 'Iddat'). It may be termed as "waiting period". During this period (of Iddat), the divorced woman shall continue to reside in her ex-husband's house and he is responsible of her maintenance. What the Quraan has said further, in this regard, needs careful attention. It is said in Surah At-Talaaq (65th Chapter of the (65:2) Quraan): "Then when they (the divorced women) complete their appointed term, either take them back in the recognised manner or part from them according to the law." Islaamic_Sharia_Law.pdf Page 41 of 571
Slide 42: In Surah 'Al-Baqara' (2nd Chapter of the Quraan) It is said: (2:229) "After that either keep them according to the law or separate them with benevolence." Again it is said: (2:228) "And their husbands have a better right to take them back in that period, if they wish for reconciliation." It is apparent from the above that during the period of 'Iddat' a chance is given to rebuild the marital relationships. This clarifies two issues: (a) If the wife is the one to initiate the divorce, then this means she does not want to live with her husband and he then cannot keep her back forcibly. However it is a different thing if she changes her mind. (b) If it is the husband who initiates the divorce, although she wants to live with him, the relationship can be re-established if he changes his mind. In such an event, the Quraan has warned the husband not to keep the wife back with the intention of vexing her: (2:231) "Do not take them back with the intention of causing them harm or to transgress the limits (imposed by Allah). If any one does so, he only wrongs his own self." The question now arises: is a renewal of the contract of marriage needed, or the previous contract shall be considered sufficient In this respect the Quraan has used the term "Bil-ma'roof" which means a procedure recognised by the Islamic Society in the light of the Quraanic Guidance. Thus if the Islamic Society thinks that a renewal of the contract of marriage is unnecessary, it shall be the correct decision. And if it decides that a renewal is called for, that too shall be a correct decision. After all, 'Nikaah' (the contract of marriage) is nothing more than the recognition of the consent of a husband and his wife. However, in verse (2:232) the Quraan has used the word 'Nikaah', when it is said: (2:232) "When you divorce women, and they are near the completion of the term of their 'Iddat' and both man and the wife are desirous to resume their matrimonial life, O Members of the society! Do not prevent them from marrying their (former) husbands, if they mutually agree. Here again the world "Bil-ma'roof" is used: which means 'according to the way recognised by the system of the state'. However, the government ought to keep it in mind that the renewal of marriage during the period of 'Iddat' ought to be carried out in a way which may be considered a contract of marriage. If they have made up their minds to live together again, it shall be carried out according to the above procedure; but if they decide on separation, two witnesses shall be required: (52:2) "Then, when they approach the end of the term appointed (look at the whole issue in a cool, dispassionate manner and if constancy appears possible, why resort to separation). Get united in a recognised manner; (but if constancy is not possible), part from them on the recognised terms: and take for witness two persons from among you imbued with justice i.e. those who are not inclined to any one party, and establish evidence as a duty ordained by Allah." After this the facilities available to them (the women) in the period of 'Iddat' shall come to an end. Thus the husband and the wife may reunite during the period of 'Iddat' or may get separated. This shall be counted as ONE DIVORCE. If this couple again becomes husband and wife (during or after the period of 'Iddat') but again decide to separate, its procedure shall be the same as described above. This shall be the SECOND divorce. After this second divorce if they once again decide reunion but this also results in THIRD divorce, they cannot become husband and wife again, neither during the period of 'Iddat', nor any time thereafter because: (2:229) "A divorce is only permissible twice; after that the parties should either hold together on the recognised terms or separate with kindness." That is, after the third divorce, remarriage is not permissible. However, if after the third divorce the woman gets married to some other person but here also the union ends in divorce (or if she becomes a widow), she can again establish the contract of marriage with the first husband. This has been explained as such in the verses (2:229) and (2:230) (2:229-230) Islaamic_Sharia_Law.pdf Page 42 of 571
Slide 43: "Remember! During the married life of a husband and wife, it is possible only twice to either hold together on the recognised terms or separate with kindness. [But if the divorce between them takes place the third time, they shall not be able to remarry _ (2:230)] In case of dissolution of marriage, you are not permitted to take back anything of what you have given to the wife. However, if an occasion arises that this very factor becomes an impediment in the way of dissolution of marriage and at the same time there is an apprehension that in case of living together as husband and wife they shall not be able to keep the limits laid down by the Divine Law, on account of their deranged relations; and also the society's system of justice reaches the same conclusion that the husband ought to get some recompense, in that case there is no harm that the wife may agree to forego a part of what is rightfully hers and get herself rid of the martial contract. These are the limits imposed by Allah; do not transgress them, and whosoever does so, would be held guilty by the Divine Order. "So if a husband divorces his wife (irrevocably) he cannot, after that, remarry her until after she has married another husband and he has divorced her. In that case, there is no blame on either of them, if they reunite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes plain to those who possess the knowledge of the exigencies of social life." These are the verses which are produced as an evidence to prove that if somebody says 'Divorce, Divorce, Divorce', three times, they shall have to go through the process of 'Halaalah'. This interpretation of the above verse is against the Quraan. As explained earlier, divorce means freedom from the contract of marriage. The dissolution of marriage can take place only by following the details described above. Divorce does not become valid by the verbal utterance of the word 'Divorce' whether it is repeated once, thrice or a hundred times. Three divorces mean the dissolution of Nikaah between a husband and his wife, three times during their married life spread over a period of time. After two dissolutions there still remains a chance for reunion; but after the third dissolution there is no chance: it is final, except under the condition described above. Even in that case marriage with another husband does not mean sexual intercourse for one night (Halaalah); it means to live the life of a husband and wife in a regular normal way. As it has been said earlier, the dower ought to be paid during the process of marriage contract. But if the wife ha postponed its receipt for a later period, it shall now become an urgent recovery after the dissolution of the marriage. (See heading 'Dower') 16. WAITING PERIOD FOR A DIVORCEE (IDDAT). (a) 'Iddat' is the name given to a period in which a divorced woman or a widow cannot remarry. In fact it is meant to make sure if she is pregnant; and in case of pregnancy, the would-be child shall be the legitimate offspring of the former husband. There is no 'Iddat' for man. The Quraan says: (2:228)"Women have the right relative to their obligations, but men have an advantage over them". The advantage is that there is no 'Iddat' for man. He can marry another woman immediately after divorce. b) The 'Iddat' for a divorced woman is three menstrual periods (2:228). The divorce comes into effect after the menstrual period comes to an end. This is for the sake of certainty in the counting of 'Iddat' (65:1). c) For old women who have reached menopause or for those who do not menstruate on account of a disease, 'Iddat' shall be three months:(65:4) [As stated in verse (2:228) __ the period of Iddat, normally, is three menstruations, but] "such of your women as have attained the age of menopause, for them the prescribed period is three months; and for those who have no courses, (on account of disease) it is the same". d) 'Iddat' for a pregnant woman is until the termination of pregnancy. (65:4) "For those who are pregnant, 'Iddat' is until they deliver (their burdens)." They should declare, in the event of divorce, that they are pregnant: (2:228) "Nor is it lawful for them to hide what Allah has created in their wombs." e) There is no 'Iddat' for a woman who is divorced before sexual intercourse: (33:49) "O You who believe! When you marry believing women and then divorce them before you have touched them, it is not required of you to count the Iddat in respect of them (during which period the responsibility of their sustenance lies with you and the women cannot marry any other husband), so give them suitable provision and part from them in a goodly manner". [Marriage is a contract. When you find it difficult to Islaamic_Sharia_Law.pdf Page 43 of 571
Slide 44: carry out the contract, end it in a lawful manner. There is no need to create bitterness __ (2:228-236); (65:1-4)]. f) 'Iddat' for a widow is four months and ten days. (2:234) "If any of you dies and leaves his widows behind, they shall wait for four months and ten days (for second marriage). When the 'Iddat' ends, they are free to make a decision about themselves according to law. They have the right to do so. There shall be no blame on them that they have done this way or that way. Remember, Allah knows all that you do." In case she is pregnant, there is no separate injunction in the Quraan for it. But it can be deduced from the injunctions regarding divorced (pregnant) women, that their Iddat shall also be until they give birth. g) During the period of 'Iddat' the responsiblity for providing daily requirements and shelter shall be on the man and its standard shall be the same as during normal life. It is said in Surah At-Talaaq (65th Chapter of the Quraan): [(65:6-7); (2:241)] "Let the women live (during 'Iddat' period) in the same style as you live, according to your means; annoy them not so as to tease them. And if they are pregnant, you have to provide their sustenance until their delivery, and if they suckle your (offspring) for your sake [i.e., if you cannot make any arrangement for the suckling and by mutual consent it is settled that she herself shall suckle], give them their due recompense, and enjoin one another to do good; and if you disagree, another will suckle for him." In determining the scope of providing sustenance to divorcees or compensation for suckling, be considerate of the financial status of the husband. Let the man of means spend according to his means: and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what he has been given. If a difficulty arises for the man on account of the extra expenses, a relief can be obtained according to the Divine Law. (The court shall keep this in view). But if during this period the woman commits an act of immodesty, the man then, is no more responsible. (65:1) "O Nabi! When you decide the cases of divorce, tell the people that the matter of 'Iddat' is of great importance. It must be accomplished adequately. For this, it is necessary that an accurate count of the prescribed period be kept, so as to submit totally to the injunctions laid down by your Sustainer (2:228236; 33-49). During this period do not turn out the divorced women from your houses (65:2)." During the period of 'Iddat' these are still their own homes. Nor shall they (themselves) leave without a proper excuse. However, in case they are guilty of some open immodesty, they can be turned out of the house. These are the limits laid down by Allah, and any one who transgresses the limits of Allah, besides doing wrong to others, he also wrongs his own self. As stated above, the woman should not leave home and go to some other place during Iddat. But if conditions are not favourable to stay there, she can stay at some other place by permission of the court. This is our deduction from the Quraanic verse, in which it is said: (4:130) "And if they separate, Allah will render them both free from want out of His ampleness". Allah shall make arrangement for the fulfillment of their needs, i.e. the society (established under the Divine Order) shall shoulder this responsibility. h) For one year's provision of daily needs and residence, the husband should leave a testament. But if before this, the widow leaves, of her own choice to some other place, this responsibility (of the late husband) comes to an end: (2:240) "Those of you who die and leave widows, should make a bequest for their widows for a year's maintenance and residence, but if they leave (the residence) of their own and make some other arrangement for themselves according to the law, there is no blame on you for what they do with themselves. Remember! The Divine Law is exalted in power and is based on wisdom." i) During 'Iddat' a widow is not allowed to marry another person but there is no restriction on discussing the possibility of marriage in the meantime: (2:235) "There is no blame on you if you make an offer of betrothal or hold it in your hearts. Allah knows that you would fancy to marry them: but do not take any hidden promise of marriage from them, negotiate with them in a recognised manner, but do not resolve on marriage during the period of Iddat: and always remain conscious of the fact that Allah is aware of the ideas that flash across your mind. You should know that Allah does not want to inflict any hardship on you by means of these limitations. The object of these restrictions is to protect your society from the injuries of wrong attitudes. He does not get angry by your mistakes, so as to entangle you in strict laws. This is done by tyrant rulers, not by Allah. Islaamic_Sharia_Law.pdf Page 44 of 571
Slide 45: If (during 'Iddat' or afterwards) a woman intends to re-marry her former husband, do not stand in her way: (2:232) "When you divorce women and they are nearing the completion of their Iddat do not prevent them form marrying their former husbands if they mutually agree to do so in the recognised manner." Note: This does not apply after the third divorce). 17. SUCKLING. The Holy Quraan does not specify the period during which the mother should suckle the child. The husband and the wife can mutually take a decision subject to the requirements of the child's health. However, the Quraan has said that it takes two and a half years for a mother to keep the foetus in her womb followed by the suckling of the child. (46:15) "We have enjoined upon man to be gracious to his parents: in pain did his mother bear him and in pain did she give him birth. The carrying of the (child) to his weaning is a period of thirty months." Even animals take part in the upbringing of their offsprings; but later on, their grown up offsprings do not even recognise their parents. Thus the man is asked to rise above the animal level during his life. "One of the demands of human life is that he should treat his parents with benevolence. His mother bore him and gave him birth with difficulty which she experienced day and night. This continued not for a day or two but it took at least thirty months from pregnancy to weaning. [(2:233); (13:14)]. At another place the suckling period is described as two years: (31:14) As regards a divorced woman who carries a child in her lap, the Quraan says: i) The father of the child shall give the mother recompense for suckling the child. (65:6) "And if they suckle the offspring for you, give them their recompense and take mutual counsel together according to what is just and reasonable. If any of you feels that the arrangement is heavy on him/her, arrange for some other woman to suckle the child." ii). Though the period of suckling is two years, but if by mutual consent they want to reduce this period they are allowed to do so. During the period of suckling, the expenses of food and clothing shall be provided for the woman by the father of the child. The standard of this maintenance shall be according to the financial position of the father. For so doing, it ought to be kept in mind that neither the father nor the mother are put in to difficulty for the sake of their child. If it is thought advisable that the suckling be given by some other woman in place of the mother, it is permitted: (2:233) "If, in the case of a divorce the wife is suckling a child, the mothers should give suck to their offspring for two whole years, if the father desires to complete the term. But he shall bear the cost of their food and clothing on the prescribed terms. No person shall have a burden laid on him greater than he can bear. (The court ought to keep this mind): the mother shall neither be treated unfairly on account of her child nor the father. (If however, the father dies in the meanwhile), his heir shall be incharge in the same way as had been decided by both of them. On the matter of weaning; if you both agree on premature weaning and make alternative arrangements, there is no blame on them provided the husband pays the settled compensation to the mother." (Anyhow) you should always adhere to the Divine Law and keep this reality in mind that Allah's Law of Requital oversees what you do. (For this' neither observe the law as a mere custom, nor try to evade it). 18-a. CUSTODY (OF CHILDREN OF DIVORCED PARENTS). There is no specific injuction in the Holy Quraan as to who will have custody of the underage children after the separation of their parents. The court can decide on it according to the prevailing circumstances. The principle that ought to be observed in this case is that neither the father nor the mother shall be put to unnecessary hardships. An inference can be drawn for this rule in the light of verse (2:233) described above. To achieve this objective the Islamic Government shall also decide as to who shall bear the expenses of the children, till they reach the age of maturity. 18-b. Comments on Custody: If Father does not want, baby can not be under Mother's Custody Reference: (2:233) and (65:6-7) Islaamic_Sharia_Law.pdf Page 45 of 571
Slide 46: And the mothers should suckle their children for two whole years for him who desires to make complete the time of suckling; and their maintenance and their clothing must be-- borne by the father according to usage; no soul shall have imposed upon it a duty but to the extent of its capacity; neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child, and a similar duty (devolves) on the (father's) heir, but if both desire weaning by mutual consent and counsel, there is no blame on them, and if you wish to engage a wet-nurse for your children, there is no blame on you so long as you pay what you promised for according to usage; and be careful of (your duty to) Allah and know that Allah sees what you do. (Al_Quraan_002:233) Lodge them where you lodge according to your means, and do not injure them in order that you may straiten them; and if they are pregnant, spend on them until they lay down their burden; then if they suckle (your baby) for you, give them their recompense and enjoin one another among you to do good; and if you disagree, another (woman) shall suckle (the baby) for him. Let him who has abundance spend out of his abundance and whoever has his means of subsistence straitened to him, let him spend out of that which Allah has given him; Allah does not lay on any soul a burden except to the extent to which He has granted it; Allah brings about ease after difficulty. (Al_Quraan_065.006-007) 19. PROGENY. a) Besides mutual companionship the basic object of married life is the augmentation of the human race. Even animals increase their progeny, but the case is different with man. A young animal needs nourishment, after which it becomes what it is destined to become. But a human child, in addition to sustenance, needs education and upbringing which lifts him from the stage of animal life to the stage of human life. Thus the parents undertake a dual responsibility. It is the duty of an Islamic State to frame laws for the purpose and make such arrangements that no child is deprived of sustenance, as well as education and upbringing. The Islamic State shall issue necessary guidance to the parents as to what extent their co-operation is required. The objective is that no child is left without the development of his human potentialities on account of negligence, ignorance, laziness, or mismanagement on the part of parents or an incompetent system of government. Every child shall be provided with an equal opportunity for upbringing. The Quraan says: (17:31); (6:152) "Do not kill your offsprings for fear of being reduced to poverty." Here killing does not actually mean putting to death. (Murder in itself is a crime, even if it is of one's own children). Here killing children means depriving them of proper education and upbringing. In this regard an Islamic State shall furnish surety that: (6:152) "We are responsible for your sustenance as well as that of your children." Remember in an Islamic Social Order, providing the mans of sustenance is the foremost duty of the State. b) A healthy, sound and sturdy child is a bounty from Allah (7:189-90) and an intelligent and a chaste youth, with a loving heart and subservient to the Divine Laws, is a 'Rahmat' from Him (19:12-14). In Surah 'As-Shoora' (42nd Chapter of the Quraan) it is said: (42:49-50) "Allah is the Supreme Sovereign in the heavens and the earth, and the whole system of the universe functions under His Laws only; so much so that even the physical life of man is not excluded from its ambit. The astonishing Order of Creation including creation of man is controlled by His Laws. According to this Law He bestows some with girls, while others with boys and yet some with both boys and girls and some remain childless. All this takes place according to His Laws. He is replete with knowledge and full of power to control the destinies according to His measures and standards." Thus whereas the creation of sex is controlled by the Divine Laws, to consider a girl inferior to a boy was a mentality peculiar to the Arabs of pre-Islamic days. Islam eradicated this. The Quraan criticises it as follows: (16:58-59) "When news is brought to one of them of (the birth of) a female (child), his face darkens and he is filled with grief. (He thinks the birth of a female child so disgraceful that) he hides himself from his people because of the bad news he received. He begins to think whether he should suffer this contempt or bury the new born alive in the dust Ah! What an evil choice they decide on their innocent girls!" c) Wives and children have been made means of elegance in life by Allah; thus they are worthy of the parents' kind attention: (3:13) "Love for women and children has been made fair-seeming for people." Yet one must not commit any act for their sake, which goes against the Divine Laws and the Permanent Values ordained by Allah. (See 63:4; 8:28; 64:14-15). If one does that it becomes a sedition for him. Islaamic_Sharia_Law.pdf Page 46 of 571
Slide 47: Thus whenever there is a tie between a particular benefit for the wife and children on the one hand, and a Quraanic Value on the other, the Quraanic Values shall be given preference: It is said in Surah "At-Taubah" (9th Chapter of the Quraan); (9:24) "(O Rasool)! Say unto these people that if it be that your fathers, your sons, your brothers, your spouses or your kindred, or the wealth which you have gained, the commerce in which you fear a slump, or the dwellings in which you delight, are dearer to you than Allah and His Rasool (i.e. dearer than the establishment and maintenance of the Divine System); wait until the results of such a behaviour become manifest unto you according to the Divine Law. Remember Allah guides not those who, leaving aside the right path, go astray." It is so, because offsprings relate only to the physical life of man, they have no value against the Divine Law: (58:17) An unrighteous offspring is not even considered a member of one's family by the Quraan. This has been explained in the story of Noah in (11:45-46). d) As long as the children are under the care and upbringing of their parents, they should act under the parents' guidance, but when they are capable of deciding their own affairs they should begin to act as such. The maxim "To obey the parent is a duty" that has not been ordained by the Quraan. The Quraan has repeatedly asked only to do good to the parents (4:36). The Quraan states: (36:68) "If We grant long life to any, We reduce him to an abject state in creation". Man begins to forget what already was in his knowledge. (16:70) As such his condition becomes pitiable. Therefore he shall be treated gently and not rebuked. Thus it is said in Surah Bani-Israel (17th Chapter of the Quraan): (17:23-24) "Thy 'Rabb' has decreed that you should be subservient to none but Allah: (be subservient only to the Divine Law). Further it is ordained that you be kind to parents, whether one or both of them attain old age in your life. Say not to them a word of contempt, nor repel them, but address them in terms of honour. When they were youthful and active, they provided you with sustenance (in addition to their own); now they have become old and are not capable of earning. It is your duty to make good their deficiency." Give them protection with all the affection (as they did when you were young) and say: my Rabb! Enable me to provide them with means of nourishment as they had cherished me in my childhood. (To look after the young is even practised by the lower animals, but the practice of looking after the parents in old age is peculiar only to a human being. That is why he has been instructed as such.) But if the parents are following a wrong path, it must be brought to their notice. This has been made clear in the story of Abraham: (19:41-45) e) It is essential for an Islamic Government neither to leave the small children at uncared for the mercy of their parents, nor to leave the aged parents uncared for and dependent on their offsprings to the extent that they become the object of scorn and degradation. For this an Islamic State ought to provide proper guidance and make the necessary arrangements. 20. Orphans. The basic meaning of the word "Yateem" (orphan) is the one who somehow or other is left alone and helpless in society; he may be of any age. But in the context of the subject under discussion, "Yateem" shall mean the children whose father (or both parents) have died. The provision of sustenance, education and upbringing of such children is the responsibility of an Islamic State. But the question is not of upbringing alone: the real problem is that they should be brought up in such a manner that the dignity of their 'self' does not get injured. To keep such children in orphanages, fed on charity, is the destruction of their human 'self'. This leads to the downfall of nations. In Surah 'Al-Fajr' (89th Chapter of the Quraan) it is said that one of the reasons for the destruction of nations in that they do not treat orphans with honour: (89:17) . Thus the real question is the cultivation of their self-respect. They should not be brought under undue pressure: (93:9). A satisfactory arrangement for their proper nurturing is essential. They should be treated as your own brethren: (2:220) "They ask thee about orphans. Say: settling their problems is a deed that produces 'good'. Hence you live together and if during the period of mutual living you have but to conduct their affairs with your own, always keep in mind that they are your brethren. Allah knows which of you means their good and which of you creates mischief. You are being given such instructions because without it you could have fallen into difficulties; but Allah wants to make things easy for you." Islaamic_Sharia_Law.pdf Page 47 of 571
Slide 48: This provision of facilities does not mean that you go on doing what you like without any hindrance. Allah's Law of Requital is exalted in power, yet it is based on wisdom. Their wealth and property, if there be any, must be protected with utmost care. The one managing their affairs, if he is wealthy enough, should not take any remuneration; but if he is needy, he can take a compensation for it. When they reach the age of maturity and they become capable of handling their own affairs, their wealth and property should be handed over to them in the presence of witnesses: (4:56) "Remember! Allah has made wealth, the mainstay of a nation's economy, therefore place it not in the custody of those who are weak of understanding; feed them and clothe them therewith and speak to them words f kindness and justice." Also make arrangements for the upbringing of orphans; and keep checking as to how far their potentialities are developed, until they reach the marriageable age. (6:153; 17:34; 40:67). If then you find them of sound judgement, deliver their property over to them. [But if they are not fit for it yet, act according to (4:5)]. But in the meantime do not consume their property wastefully, nor in a haste, fearing that they shall demand it when they become grown up. If the guardian is well off, let him claim no remuneration, but if he is poor, let him have what is just and reasonable. When you release their fortune to them, take witnesses. While counting, keep it in mind that you are submitting the account to Allah who knows what is hidden as well as manifest; therefore He is the Best of all those who take account. This point has been emphasised further in (6:153) and (17:37). Do not take a single pence from their wealth unlawfully. It has been ordained in Surah An-Nisa (4th Chapter of the Quraan): (4:2) "According to this law no difference remains between your own children and the orphans, therefore take care of their rights and benefits like those of your own offsprings. Keep their property safe with utmost care; do not exchange (your) worthless things for their good ones; do not eat up their assets, keep their assets separate from yours; embezzlement in their substance (by mixing it up with your own) is most unjust. One who is left alone in the society, he ought to be helped rather than his rights usurped." It is said further: (4:10) "Those who unjustly eat up the property of the orphans, they are filling their bellies with fire which leaves their passions of greed ablaze". They being always dissatisfied, run after unlawful wealth like a lunatic and thus put their own potentialities into a blazing fire. If widows and orphans are left behind in society, marrying more than one wife may be allowed by making exception to the law of monogamy, in order to give them a respectable place in society. (Details were given earlier). For an Islamic State it is essential to frame necessary laws under the guidance of the Quraan. According to the Arabic dialect, a boy is called "Yateem" (orphan) till he reaches the age of maturity; and a girl continues to be called an orphan till she gets married. Even widows can be included in the category of orphans. (4:127). REMOVAL OF A MISCONCEPTION The injunctions and guidance for family life as stipulated in the Quraan have been stated, but the conventional meaning of a verse in Surah 'Nisa' (4th Chapter of the Quraan) remains yet to be corrected. The verse is as follows: (4:34) It is usually translated thus: "Men are the masters of women because Allah has given superiority to one over the other; for the reason that they spend their money. Then those women who are pious and thus obedient, look after what Allah has protected in them in the absence (of their husbands) with the protection of Allah, but those who are feared to be of bad temper, you advise them, keep their beds separate and beat them. After this if they obey you, do not seek a way to accuse them. Allah is indeed the Greatest". (Translation by late Maulana Mahmood Al-Hasan). By virtue of this translation the following is deduced: • • • Men are the masters of women. Pious women are those who are obedient to their husbands. If a women is not obedient to her husband: i) the husband shall advise her and if she is still disobedient, ii) keep her separate from his bedroom (which means discontinuation of conjugal relations); and if she is still disobedient, Islaamic_Sharia_Law.pdf Page 48 of 571
Slide 49: iii) beat her. It is obvious that this sort of relationship between a husband and his wife goes against the very grain and purpose of the teachings of the Quraan which have been explained in the previous pages. As a matter of fact, the purport of this verse is as follows: "As far as the natural duties of men and women are concerned, some of their capabilities are different from each other. In some of them men have the superiority, and in others, the women. As a result of the execution of these duties, for a major portion of her time a woman becomes incapable of earning her livelihood and thus it becomes the duty of her husband to provide her means of the necessary sustenance. This is what is meant by the words . After such arrangement, the women can give full time, satisfactorily, to their own duties (such as bearing the children and their upbringing) so the women are required to take care of their latent potentialities. But if an occasion arises that in spite of all this a woman revolts and refuses to carry out her specific functions without any sufficient cause, it shall not remain a personal affair. It shall become a collective national issue, because it concerns the protection and augmentation of the (human) race. Thus society should first admonish such a woman. But if this procedure remains ineffective, her husband should be asked to terminate copulation with her for a while so that its psychological effect may bring about a change in her attitude. But if that also remains ineffective, a court can order even physical punishment for her". You must have noticed that this matter concerns the collective life of a nation and it is of great importance. In this respect if women refuse to co-operate and thus rise against the collective benefit of humanity, it becomes imperative for society to take adequate steps to put a check on this revolt. It is a social crime for which even punishment can be given. But that does not mean that men are free to beat the women on account of being their masters. This concept is utterly un-Quraanic. * In this verse it is said that the right of man is superior. For this see the heading "Iddat". Islaamic_Sharia_Law.pdf Page 49 of 571
Slide 50: Inheritance and Testament A> Testament: 1. It is enjoined upon every Muslim to make a testament as regards his bequest before he dies. The last will ought to cover the entire property and all persons to whom he wants to give something without any distinction of heir or non-heir: (2:180) "It has been enjoined upon you that when you approach death and you are leaving behind your personal property, make a testament according to law for your parents and others close to you. This has been enjoined upon Muttaqeen as a duty from Allah. (The distribution of left-over property shall take place after the provisions of the 'will' have been fulfilled (4:11)." Note that this verse starts with the words "you are commanded" and ends with the words "that it has been made incumbent upon those who guard the Divine Law". Moreover the 'will' shall be for the entire property. The verse also clarifies that the 'will' can also be made for parents and near relatives and also for non-relatives; whom the testator considers nearer to himself. 2. The Quraan has given so much importance to the making of will that even (minute) details for it have been prescribed. The following verses of Surah Al-Maaidah (5th Chapter of the Quraan) invite pondering: (5:106-108) "O you who believe! When death approaches any of you, take witnesses amongst yourselves while making testament; two just men of your own (brethren); or others from outside, if you are journeying through the land and your own men are not available and the chance of death befalls you. Afterwards when witnesses are needed, your judges shall detain them (in the mosque) after prayers (because mosques are your court-rooms). If you doubt their truth, let them both swear by Allah: we wish not to take in this any worldly gains, even if the beneficiary be our near relative; we shall not hide evidence before Allah; if we do, we shall become censurable. If after the witnesses have been recorded, it is found that they have deviated from the truth, two witnesses from among those against whom the witness has been given should come forward and upon an oath in the name of Allah, state that their statement is truer than the previous witnesses and that they shall not deviate a bit from the truth and if they do, they shall be liable to censure. In Divine Law witness over witness is allowed, so as to make certain that they speak the truth. By so doing, the first two witnesses shall fear that in case they give false evidence, the other two witnesses shall prove it to be wrong and thus they shall become guilty of the perjury and this shall also bring them shame in society. It is necessary for you to remain conscious of the Divine Laws and do not forget that, deviating from the course set out by Divine Laws and treading upon some other course, it shall not lead you to the goal. It has been strongly emphasised that the witnesses shall not make a change in the contents of the testament: (2:181) "If any one changes the content of the will after hearing it, such people shall be guilty in the eyes of law and they ought to know that Allah hears and knows everything." It is further stated that: (2:182) "But if any one fears partiality or wrongdoing on the part of the testator, and thinks that he is inclined towards someone unjustly, he should advise the testator to do the right thing and bring about compromise between (the parties concerned) so as to protect those whose rights are being encroached. There is no wrong in doing so. To make a room for it in the Divine Law is clemency (Rahmat) from Allah." But it is obvious that this shall only be an attempt for making compromise, otherwise the final word shall be that of the testator. 3. In the case of a widow, in addition to her share in the bequest, it is necessary that providing of maintenance for a year be included in the will: (2:240) "Those of you who die leaving widows behind should bequeath that their widows be provided a year's maintenance and not turned out of their houses. But if the widows leave (the residence) and make some other lawful arrangements for themselves, there is no blame on you for what they do. Remember that the Divine Law is very powerful, yet it is based on wisdom." Islaamic_Sharia_Law.pdf Page 50 of 571
Slide 51: B> Inheritance: Revised by http://www.geocities.com/noor_ul_islaam Death is imminent and can come any time. It can come during childhood, or when grown up or after becoming old. One may be married or may be not, he or she has to die on one day and most probably leaving heirs behind. Since the stages change according to the time, a person’s responsibility also gets change. Men have their responsibilities and women have their. So it is necessary to find the right dividends for the right heirs. BUT it is extremely hard to determine these dividends without the help of Allah. Allah already mentioned in the Quraan dealing with all these issues categorically and in great detail. … You know not which of them is the nearer to you in usefulness; this is an ordinance from Allah: Surely Allah is Knowing, Wise. (Al_Quraan_004.011) Islaamic Sharia Law stipulates how the estate of a Muslim is to be dealt with and distributed after his or her death. The rules described here reflect the Commandments of Allah according to the Quraan; some differences or variations may be adopted under the Hanafi, Maliki, Shafi and Hanbali schools. Knowledge of Mathematics: To understand these calculations, you must know the middle school mathematics, which are not complex as of university level or even as of high school level mathematics. E.g. one of the bases of inheritance is male gets 2/3 and female gets 1/3. Although 2/3 + 1/3 = 1 looks PERFECT, BUT you cannot exactly divide 100 or 50 Dollars equally among the males and females. There are many cases in which you may need to deal with the prime numbers (e.g. 89), which are only divisible by 1 or by itself. Islaamic Inheritance Law are based on complete Quraan and are NOT limited to few verses only, and answers PERFECTLY to deal with all those cases. Presently with the help of science and specially the computers, it became more easier to search many things and find the answers more easily ever than before. Hold the division of the Inheritance in case, the wife of the deceased could be pregnant. And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs, if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. (Al_Quraan_002.228) From the above Ayah, it very clear that the main perpose of the Iddat is to wait and see if she is pregnent or not. Waiting is variable according to cases. Also it is advised that people shoud hold the division of the Inheritance in case, the wife of the deceased could be pregnant. In this way we also will come to know if she delivers the boy/s or girl/s. To understand the logic of Islaamic Inheritance Law, we need to keep in our mind the following Ayaat from the Quraan: If one gets Booty, pay a fifth of shares to relatives and orphans etc.: And know that out of all the booty that you may acquire (in war), a fifth share is assigned to Allah, and to the Messenger, and to near relatives, orphans, the needy, and the wayfarer, if you do believe in Allah and in the revelation We sent down to Our servant on the Day of Testing, the Day of the meeting of the two forces. For Allah hath power over all things. (Al_Quraan_008.041) If one gets produced of gardens / farm pay the Due: Islaamic_Sharia_Law.pdf Page 51 of 571
Slide 52: And He it is Who produces gardens, trellised and un-trellised, and palms and seed-produce of which the fruits are of various sorts, and olives and pomegranates, like and unlike; eat of its fruit when it bears fruit, and pay the due of it on the day of its reaping, and do not act extravagantly; surely He does not love the extravagant. (Al_Quraan_006.141) If one earns pay the Due: O you who believe! spend (benevolently) of the good things that you earn and or what We have brought forth for you out of the earth, and do not aim at what is bad that you may spend (in alms) of it, while you would not take it yourselves unless you have its price lowered, and know that Allah is Self-sufficient, Praiseworthy. (Al_Quraan_002.267) How much to spend: … And they ask you as to what they should spend. Say: that which is superfluous (in excess). Thus does Allah make clear to you the communications that you may ponder. (Al_Quraan_002.219) WILL: A Muslim must make a will in favor of his Specified as well as non-Specified Heirs, when death approaches. In case of accidental death or the remainder of the estate after WILL, should be divided among the heirs according to the Quraan: ... If any do fail to judge by (the light of) what Allah hath revealed, they are Unbelievers. (Al_Quraan_005.044) It is decreed that when death approaches, you shall write a will for the benefit of the parents (Specified Heir) and relatives (Specified as well as Non-Specified Heir), equitably. This is a duty upon the righteous. (Al_Quraan_002.180) And those of you who die and leave wives behind, (make) a bequest in favor of their wives (Specified Heir) of maintenance for a year without turning (them) out, then if they themselves go away, there is no blame on you for what they do of lawful deeds by themselves, and Allah is Mighty, Wise. (Al_Quraan_002.240) Close Relatives from where you can eat and vice versa: If you can eat from someone’s house, then they can do so: There is no blame on the blind man, nor is there blame on the lame, nor is there blame on the sick, nor on yourselves that you eat from your houses, or your fathers' houses or your mothers' houses, or your brothers' houses, or your sisters' houses, or your paternal uncles' houses, or your paternal aunts' houses, or your maternal uncles' houses, or your maternal aunts' houses, or what you possess the keys of, or your friends' (houses). It is no sin in you that you eat together or separately. So when you enter houses, greet your people with a salutation from Allah, blessed (and) goodly; thus does Allah make clear to you the communications that you may understand. (Al_Quraan_024.061) You must give due to your relatives as well: And give to the relatives his due and (to) the needy and the wayfarer, and do not squander wastefully. (Al_Quraan_017.026) Then give to the near of kin his due, and to the needy and the wayfarer; this is best for those who desire Allah's pleasure, and these it is who are successful. (Al_Quraan_030.038) We must need to think of Orphans: And let those fear who, should they leave behind them weakly offspring, would fear on their account, so let them be careful of (their duty to) Allah, and let them speak right words. (Al_Quraan_004.009) It is advised to announce the day of distribution of the heirs among closed as well as far relatives. If any of them are not present without any valid reason or have no interest in getting some from the inheritance then we may proceed without them and there shares may be excluded. One of the great wisdom in the following Ayaat that it did not mentioned any exact figure of share for the other relatives Islaamic_Sharia_Law.pdf Page 52 of 571
Slide 53: or charity, could be that we might need to deal with the prime numbers or other number which are not divisible among the heir. So choice is totally left upon us so that we can balance it: And when there are present (alive) at the division the (far) relatives and the orphans (among relatives as well) and the needy (among relatives as well), give them (something) out of it and speak to them kind words. (Al_Quraan_004.008) Woe to Prayers who neglect the Charity: So woe to the worshippers, who are totally heedless of their prayers. They only show off. But refuse (to supply) (even) neighborly needs. (Al_Quraan_107.004-007) Below are the Ayaat which mentions about inheritance in more detail and are the limits imposed by Allah: It is decreed that when death approaches, you shall write a will for the benefit of the parents (Specified Heir) and relatives (Specified as well as Non-Specified Heir), equitably. This is a duty upon the righteous. (Al_Quraan_002.180) And those of you who die and leave wives behind, (make) a bequest in favor of their wives of maintenance for a year without turning (them) out, then if they themselves go away, there is no blame on you for what they do of lawful deeds by themselves, and Allah is Mighty, Wise. (Al_Quraan_002.240) Men shall have a portion of what the parents and the near relatives leave, and women shall have a portion of what the parents and the near relatives leave, whether there is little or much of it; a stated portion. (Al_Quraan_004.007) And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it and speak to them kind words. (Al_Quraan_004.008) And let those fear who, should they leave behind them weakly offspring, would fear on their account, so let them be careful of (their duty to) Allah, and let them speak right words. (Al_Quraan_004.009) Those who consume the orphans' properties unjustly, eat fire into their bellies, and will suffer in Hell. (Al_Quraan_004.010) Allah enjoins you concerning your children: The male shall have the equal of the portion of two females; then if they are more than two females, they shall have two-thirds of what the deceased has left, and if there is one, she shall have the half; and as for his parents, each of them shall have the sixth of what he has left if he has a child, but if he has no child and (only) his two parents inherit him, then his mother shall have the third; but if he has brothers, then his mother shall have the sixth after (the payment of) a bequest he may have bequeathed or a debt; your parents and your children, you know not which of them is the nearer to you in usefulness; this is an ordinance from Allah: Surely Allah is Knowing, Wise. (Al_Quraan_004.011) And you shall have half of what your wives leave if they have no child, but if they have a child, then you shall have a fourth of what they leave after (payment of) any bequest they may have bequeathed or a debt; and they shall have the fourth of what you leave if you have no child, but if you have a child then they shall have the eighth of what you leave after (payment of) a bequest you may have bequeathed or a debt; and if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have the sixth, but if they are more than that, they shall be sharers in the third after (payment of) any bequest that may have been bequeathed or a debt that does not harm (others); this is an ordinance from Allah: and Allah is Knowing, Forbearing. (Al_Quraan_004.012) These are Allah's limits, and whoever obeys Allah and His Messenger, He will cause him to enter gardens beneath which rivers flow, to abide in them; and this is the great achievement. (Al_Quraan_004.013) They ask you for a decision of the law. Say: Allah gives you a decision concerning the person who has neither parents nor offspring; if a man dies (and) he has no son and he has a sister, she shall have half Islaamic_Sharia_Law.pdf Page 53 of 571
Slide 54: of what he leaves, and he shall be her heir she has no son; but if there be two (sisters), they shall have two-thirds of what he leaves; and if there are brethren, men and women, then the male shall have the like of the portion of two females; Allah makes clear to you, lest you err; and Allah knows all things. (Al_Quraan_004.176) Basic Logic of Distribution after paying all the debts including funeral expenses and wills: Case-1:> Ref: Al_Quraan_004.011 The Deceased Person was married and leaving behind children only, since spouse might already had passed away or were separated. And when there are present at the division the relatives and the orphans and the needy, give them (something) out of it as well. Case -2:> Ref: Al_Quraan_004.011 The Deceased Person was married and leaving behind children and parents, since spouse might already had passed away or were separated. And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. Case -3:> Ref: Al_Quraan_004.012 The Deceased Person was married and leaving behind spouse without any children and may or may not have parents. And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. Case -4:> Ref: Al_Quraan_004.012 The Deceased Person was married and leaving behind spouse and children. And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. Case -5:> Ref: Al_Quraan_004.012 The Deceased Person was un-married or married and leaving behind parents and brothers and sisters, without any children or spouse. And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. Case -6:> Ref: Al_Quraan_004.176 The Deceased Person was un-married or married and leaving behind brothers and / or sisters only (no ascendants - no descendents and no parents - no spouse - no children). And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. Because a male is responsible for the maintenance of the family, not the female, Male gets 2/3 and Female gets 1/3. And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. Other Relatives and Charity:> Islaamic_Sharia_Law.pdf Page 54 of 571
Slide 55: Do not neglect other relatives and charity. Also we need to keep in mind, if only daughter or only sister is the heir, where could she feel comfortable to live with, either state need to look after her or she will feel more comfortable with her uncle and aunt. So uncle and aunt should also get some shares as well as. Under the light of the list of above Ayaat, if I don’t forget any, it is my suggestion to be in the middle and pay to other relatives as well as charity which may be around 10 percent upon the consult of all the specified heirs if they agree. Now we can realize why Allah did not fix the shares for other relatives and charity in Ayaat Al_Quraan_004.008, since in dividing shares we may come up with dealing of prime numbers or other numbers which do not perfectly divide among heir. Division of dividends for simple case (Male 2/3 and Female 1/3): Because a male is responsible for the maintenance of the family, not the female, Male gets 2/3 and Female gets 1/3. Remember: If any of the specified heirs is not alive BUT his / her descendents are alive. He or she will be treated as alive and later his / her shares will then be divided among his or her heirs. Example 1:> 1000 dollars may be divided as follows: Male heir + Female heir + (Other Relatives & Charity) = Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 1000 600 + 300 + 100 = 1000 100 dollars may further be divided among Other Relatives and Charity as follows: Paternal Relatives + Maternal Relatives + Charity = around 10 % of Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 100 60 + 30 + 10 = 100 60 dollars may further be divided among Male and Female Paternal Relatives and Charity as follows: Male heir + Female heir + Charity = 60 2/3 of 90% + 1/3 of 90% + Remainder = 60 36 + 18 + 6 = 60 30 dollars may further be divided among Male and Female Maternal Relatives and Charity as follows: Male heir + Female heir + Charity = 30 2/3 of 90% + 1/3 of 90% + Remainder = 30 18 + 9 + 3 = 30 Example 2:> 500 dollars may be divided as follows: Male heir + Female heir + (Other Relatives & Charity) = Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 500 300 + 150 + 50 = 500 50 dollars may further be divided among Other Relatives and Charity as follows: Paternal Relatives + Maternal Relatives + Charity = around 10 % of Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 50 30 + 15 + 5 = 50 30 dollars may further be divided among Male and Female Paternal Relatives and Charity as follows: Male heir + Female heir + Charity = 30 2/3 of 90% + 1/3 of 90% + Remainder = 30 18 + 9 + 3 = 30 15 dollars may further be divided among Male and Female Maternal Relatives and Charity as follows: Male heir + Female heir + Charity = 15 2/3 of 90% + 1/3 of 90% + Remainder = 15 8 + 4 + 3 = 15 Example 3:> Islaamic_Sharia_Law.pdf Page 55 of 571
Slide 56: 997 dollars which is a prime number may be divided as follows: Male heir + Female heir + (Other Relatives & Charity) = Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 997 600 + 300 + 97 = 997 97 dollars may further be divided among Other Relatives and Charity as follows: Paternal Relatives + Maternal Relatives + Charity = around 10 % of Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 97 58 + 29 + 10 = 97 58 dollars may further be divided among Male and Female Paternal Relatives and Charity as follows: Male heir + Female heir + Charity = 58 2/3 of 90% + 1/3 of 90% + Remainder = 58 36 + 18 + 4 = 58 29 dollars may further be divided among Male and Female Maternal Relatives and Charity as follows: Male heir + Female heir + Charity = 29 2/3 of 90% + 1/3 of 90% + Remainder = 29 18 + 9 + 2 = 29 Priority of payments: Before the estate of the deceased can be distributed to his/her heirs, all the debts owing by the deceased, all prior claims against him/her and all the wills must first be paid. In order of priority, payments from the estate are as follows: a> Payment of funeral expenses. b> Payment of ALL the DEBTS owing by the deceased. c> Satisfaction of all Zakaat payments that are unpaid; d> Making donations of the specified amount to redeem fast days unobserved; e> Payment of legacies under a valid will. Wills could be for those how are heirs as well, so they should get both Wills and heirs on top of Wills. f> Distribution of net estate among Specified Heirs according to the Quraan and Authentic Sunnah (described below). Specified heirs: Heirs entitled to share in the net estate of the deceased in accordance with Islaamic Sharia Law. These Specified Heirs include the following: a> MALES who are entitled to succeed are: 1> Son of the deceased. 2> Grandson of the deceased how low so ever. 3> Father of the deceased. 4> Grandfather of the deceased how high so ever. 5> Brother of the deceased. 6> Son of the brother of the deceased. 7> Uncle, i.e. brother of the parents of the deceased. 8> Son of Uncle, i.e. Son of brother of the parents of the deceased. 9> Husband of the deceased. b> FEMALES who are entitled to succeed are: 1> Daughter of the deceased. 2> Granddaughter of the deceased how low so ever. 3> Mother of the deceased. 4> Grandmother of the deceased how high so ever. 5> Sister of the deceased. Islaamic_Sharia_Law.pdf Page 56 of 571
Slide 57: 6> Daughter of the Sister of the deceased. 7> Aunt, i.e. sister of the parents of the deceased. 8> Daughter of Aunt, i.e. Daughter of sister of the parents of the deceased. 9> Husband of the deceased. c> Other close relatives. d> Charity. These heirs are entitled to certain prescribed shares which are intended to effect an equitable distribution of the estate. For instance, males are given 2 shares of the estate to every share given to his female counterpart because they are expected to assume financial responsibility for the women. In addition, female heirs are allocated a specified portion of the estate (e.g. half or one sixth) which means they will always be entitled to a portion of the estate, regardless how small, while male heirs are often residuary heirs who are only entitled to what is left of the estate after the claims of female heirs have been met. It may happen that a residuary heir is left with nothing or a very tiny portion after claimants with specific shares have been paid off. Specified Heirs forfeit their claim under the following circumstances: a. he caused the death of the deceased, whether deliberately or unintentionally; or b. he is not a Muslim (the deceased may be a Muslim convert, or the heir may have renounced Islam). Making of Wills: A Muslim can make a will in favor of his Specified Heirs as well as non-Specified Heirs, such as his adopted children, paternal relatives, maternal relatives, or third parties such as close friend. It is decreed that when death approaches, you shall write a will for the benefit of the parents (Specified Heir) and relatives (Specified as well as Non-Specified Heir), equitably. This is a duty upon the righteous. (Al_Quraan_002.180) Sharia Court administration: The first step is for a beneficiary to apply to the Syria Court for a Certificate of Inheritance to be issued. The Certificate will identify the surviving Specified Heirs, state their relationship to the deceased, and specify his precise share to the estate. Computation of shares of specified heirs: We must try our best to do the justice in dividing the shares among the heirs for the case where there is no wills or there is some leftover after the payment of wills. It is decreed that when death approaches, you shall write a will for the benefit of the parents (Specified Heir) and relatives (Specified as well as Non-Specified Heir), equitably. This is a duty upon the righteous. (Al_Quraan_002.180) … If any do fail to judge by (the light of) what Allah hath revealed, they are Unbelievers. (Al_Quraan_005.044) Followings are six main categories of the deceased person. Remember: If any of the specified heirs is not alive BUT his / her descendents are alive. He or she will be treated as alive and later his / her shares will then be divided among his or her heirs. Category-1 :::>>> Ref: Al_Quraan_004.011 The Deceased Person was married and leaving behind children only, since spouse might already had passed away or were separated. And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. Islaamic_Sharia_Law.pdf Page 57 of 571
Slide 58: Category-2 :::>>> Ref: Al_Quraan_004.011 The Deceased Person was married and leaving behind children and parents, since spouse might already had passed away or were separated. And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. Category-3 :::>>> Ref: Al_Quraan_004.012 The Deceased Person was married and leaving behind spouse without any children and may or may not have parents. And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. Category-4 :::>>> Ref: Al_Quraan_004.012 The Deceased Person was married and leaving behind spouse and children. And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. Category-5 :::>>> Ref: Al_Quraan_004.012 The Deceased Person was un-married or married and leaving behind parents and brothers and sisters, without any children or spouse. And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. Category-6 :::>>> Ref: Al_Quraan_004.176 The Deceased Person was un-married or married and leaving behind brothers and / or sisters only (no ascendants - no descendents and no parents - no spouse - no children). And when there are present (alive) at the division the relatives and the orphans and the needy, give them (something) out of it as well. =============== Details of Inheritance with Examples =============== Remember: If any of the specified heirs is not alive BUT his / her descendents are alive. He or she will be treated as alive and later his / her shares will then be divided among his or her heirs. Details of division of the shares among all the heirs after paying all the debts and wills: It is my suggestion to be in the middle and pay to other relatives as well as charity upon the consult of all the specified heirs if they agree. Category-1 :::>>> Ref: Al_Quraan_004.011 The Deceased Person was married and leaving behind children and / or parents, since spouse might already had passed away or were separated: Category-1_Example-1 :> Only sons are the specified heirs 1000 dollars may be divided as follows: Sons + (Other Relatives & Charity) = Total Shares All of 90% + Remainder = 1000 900 + 100 = 1000 100 dollars may further be divided among Other Relatives and Charity as follows: Islaamic_Sharia_Law.pdf Page 58 of 571
Slide 59: Paternal Relatives + Maternal Relatives + Charity = around 10 % of Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 100 60 + 30 + 10 = 100 60 dollars may further be divided among Male and Female Paternal Relatives and Charity as follows: Male heir + Female heir + Charity = 60 2/3 of 90% + 1/3 of 90% + Remainder = 60 36 + 18 + 6 = 60 30 dollars may further be divided among Male and Female Maternal Relatives and Charity as follows: Male heir + Female heir + Charity = 30 2/3 of 90% + 1/3 of 90% + Remainder = 30 18 + 9 + 3 = 30 Category-1_Example-2 :> Only Daughter (1/2 shares) is the specified heir 1000 dollars may be divided as follows: Daughter heir + (Other Relatives & Charity) = Total Shares 1/2 + Remainder = 1000 500 + 500 = 1000 500 dollars may further be divided among Other Relatives and Charity as follows: Paternal Relatives + Maternal Relatives + Charity = 500 2/3 of 90% + 1/3 of 90% + Remainder = 500 300 + 150 + 50 = 500 300 dollars may further be divided among Male and Female Paternal Relatives and Charity as follows: Male heir + Female heir + Charity = 300 2/3 of 90% + 1/3 of 90% + Remainder = 300 180 + 90 + 30 = 300 150 dollars may further be divided among Male and Female Maternal Relatives and Charity as follows: Male heir + Female heir + Charity = 150 2/3 of 90% + 1/3 of 90% + Remainder = 150 90 + 45 + 15 = 150 Category-1_Example-3 :> Two or more Daughters (2/3 shares) are the specified heirs 1000 dollars may be divided as follows: Daughters heirs + (Other Relatives & Charity) = Total Shares 2/3 + Remainder = 1000 666 + 334 = 1000 334 dollars may further be divided among Other Relatives and Charity as follows: Paternal Relatives + Maternal Relatives + Charity = 334 2/3 of 90% + 1/3 of 90% + Remainder = 334 200 + 100 + 34 = 334 200 dollars may further be divided among Male and Female Paternal Relatives and Charity as follows: Male heir + Female heir + Charity = 200 2/3 of 90% + 1/3 of 90% + Remainder = 200 130 + 65 + 5 = 200 100 dollars may further be divided among Male and Female Maternal Relatives and Charity as follows: Male heir + Female heir + Charity = 100 2/3 of 90% + 1/3 of 90% + Remainder = 100 60 + 30 + 10 = 100 Category-1_Example-4 :> Mixed number of Sons (2/3 shares) and Daughters (1/3 shares) are the specified heirs 1000 dollars may be divided as follows: Sons heir + Daughters heir + (Other Relatives & Charity) = Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 1000 Islaamic_Sharia_Law.pdf Page 59 of 571
Slide 60: 600 + 300 + 100 = 1000 100 dollars may further be divided among Other Relatives and Charity as follows: Paternal Relatives + Maternal Relatives + Charity = around 10 % of Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 100 60 + 30 + 10 = 100 60 dollars may further be divided among Male and Female Paternal Relatives and Charity as follows: Male heir + Female heir + Charity = 60 2/3 of 90% + 1/3 of 90% + Remainder = 60 36 + 18 + 6 = 60 30 dollars may further be divided among Male and Female Maternal Relatives and Charity as follows: Male heir + Female heir + Charity = 30 2/3 of 90% + 1/3 of 90% + Remainder = 30 18 + 9 + 3 = 30 Category-2 :::>>> Ref: Al_Quraan_004.011 The Deceased Person was married and leaving behind children and parents, since spouse might already had passed away or were separated. Category-2_Example-1 :> Parents (1/6 + 1/6) and children (Sons 2/3 of Remainder + Daughters 1/3 of Remainder) are the specified heirs 1000 dollars may be divided as follows: Father + Mother + Children + (Other Relatives & Charity) = Total Shares 1/6 of 90 % + 1/6 of 90% + Remainder + 1/10 = 1000 166 + 166 + 568 + 100 = 1000 Children may get from 568 dollars according to the case mentioned in the above examples Category1_Example-1 to Category-1_Example-4, depending upon the case of only sons, or only daughter, or two or more daughters, or mix number of sons and daughters. Also Other Relatives and Charity may get from 100 dollars according to the case mentioned in the above examples Category-1_Example-1 to Category-1_Example-4. Category-2_Example-2 :> Only Parents (Mother gets 1/3, Father gets Remainder) are the specified heirs. 1000 dollars may be divided as follows: Father + Mother + (Other Relatives & Charity) = Total Shares 2/3 of 90 % + 1/3 of 90% + Remainder = 1000 600 + 300 + 100 = 1000 Also Other Relatives and Charity may get from 100 dollars according to the case mentioned in the above examples Category-1_Example-1 to Category-1_Example-4. We already know the basic formula for sons and daughters as well as brothers and sisters, which gives the same concept i.e. common in both for Males and Females heirs. We may apply the same logic for only Father (all shares), for only Mother (1/2 shares) as well. Category-2_Example-3 :> Parents and only one brother or sister are the specified heirs 1000 dollars may be divided as follows: Father + Mother + Brother or Sister + (Other Relatives & Charity) = Total Shares Remainder + 1/6 of 90% + 1/6 of 90% + 1/10 = 1000 568 + 166 + 166 + 100 = 1000 Also Other Relatives and Charity may get from 100 dollars according to the case mentioned in the above examples Category-1_Example-1 to Category-1_Example-4. Islaamic_Sharia_Law.pdf Page 60 of 571
Slide 61: Category-2_Example-4 :> Parents and more than one brothers and / or sisters are the specified heirs 1000 dollars may be divided as follows: Father + Mother + Brothers and / or Sisters + (Other Relatives & Charity) = Total Shares Remainder + 1/6 of 90% + 1/3 of 90% + 1/10 = 1000 402 + 166 + 332 + 100 = 1000 Brothers (1/2 of 332) and sisters (1/2 of 332) may get from 332 dollars equally divided among them. Also Other Relatives and Charity may get from 100 dollars according to the case mentioned in the above examples Category-1_Example-1 to Category-1_Example-4. Category-3 :::>>> Ref: Al_Quraan_004.012 The Deceased Person was married and leaving behind spouse without any children and may or may not have parents. Category-3_Example-1 :> Only Husband (1/2 shares) is the specified heir 1000 dollars may be divided as follows: Husband heir + (Parents, Brothers, Sisters, Other Relatives & Charity) = Total Shares 1/2 + Remainder = 1000 500 + 500 = 1000 Parents, Brothers, Sisters, Other Relatives and Charity may get from 500 dollars according to the case mentioned in the above example Category-2_Example-1 to Category-2_Example-4 or Category5_Example-1 to Category-5_Example-4. Category-3_Example-2 :> Only Wife (1/4 shares) is the specified heir 1000 dollars may be divided as follows: Wife heir + (Parents, Brothers, Sisters, Other Relatives & Charity) = Total Shares 1/4 + Remainder = 1000 250 + 750 = 1000 Parents, Brothers, Sisters, Other Relatives and Charity may get from 750 dollars according to the case mentioned in the above example Category-2_Example-1 to Category-2_Example-4 or Category5_Example-1 to Category-5_Example-4. Category-4 :::>>> Ref: Al_Quraan_004.012 The Deceased Person was married and leaving behind spouse and children. Category-4_Example-1 :> Husband (1/4 shares) and Children are the specified heir 1000 dollars may be divided as follows: Husband heir + (Parents, Children, Other Relatives & Charity) = Total Shares 1/4 + Remainder + 100 = 1000 250 + 750 = 1000 Parents, Children, Other Relatives and Charity may get from 750 dollars according to the case mentioned in the above example Category-1_Example-1 to Category-1_Example-4. Category-4_Example-2 :> Only Wife (1/8 shares) is the specified heir 1000 dollars may be divided as follows: Wife heir + (Parents, Other Relatives & Charity) = Total Shares 1/8 + Remainder = 1000 125 + 875 = 1000 Parents, Children, Other Relatives and Charity may get from 750 dollars according to the case mentioned in the above example Category-1_Example-1 to Category-1_Example-4. Category-5 :::>>> Islaamic_Sharia_Law.pdf Page 61 of 571
Slide 62: Ref: Al_Quraan_004.012 The Deceased Person was un-married or married and leaving behind parents and brothers and sisters, without any children or spouse. Category-5_Example-1 :> Parents and only one brother or sister are the specified heirs 1000 dollars may be divided as follows: Father + Mother + Brother or Sister + (Other Relatives & Charity) = Total Shares Remainder + 1/6 of 90% + 1/6 of 90% + 1/10 = 1000 568 + 166 + 166 + 100 = 1000 Also Other Relatives and Charity may get from 100 dollars according to the case mentioned in the above examples Category-1_Example-1 to Category-1_Example-4. Category-5_Example-2 :> Parents and more than one brothers and / or sisters are the specified heirs 1000 dollars may be divided as follows: Father + Mother + Brothers and / or Sisters + (Other Relatives & Charity) = Total Shares Remainder + 1/6 of 90% + 1/3 of 90% + 1/10 = 1000 402 + 166 + 332 + 100 = 1000 Brothers (1/2 of 332) and sisters (1/2 of 332) may get from 332 dollars equally divided among them. Also Other Relatives and Charity may get from 100 dollars according to the case mentioned in the above examples Category-1_Example-1 to Category-1_Example-4. Category-6 :::>>> Ref: Al_Quraan_004.176 The Deceased Person was un-married or married and leaving behind brothers and / or sisters only (no ascendants - no descendents and no parents - no spouse - no children). Category-6_Example-1 :> Only Brother are the specified heirs 1000 dollars may be divided as follows: Brothers + (Other Relatives & Charity) = Total Shares All of 90% + Remainder = 1000 900 + 100 = 1000 100 dollars may further be divided among Other Relatives and Charity as follows: Paternal Relatives + Maternal Relatives + Charity = around 10 % of Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 100 60 + 30 + 10 = 100 60 dollars may further be divided among Male and Female Paternal Relatives and Charity as follows: Male heir + Female heir + Charity = 60 2/3 of 90% + 1/3 of 90% + Remainder = 60 36 + 18 + 6 = 60 30 dollars may further be divided among Male and Female Maternal Relatives and Charity as follows: Male heir + Female heir + Charity = 30 2/3 of 90% + 1/3 of 90% + Remainder = 30 18 + 9 + 3 = 30 Category-6_Example-2 :> Only sister (1/2 shares) is the specified heirs 1000 dollars may be divided as follows: Sister heir + (Other Relatives & Charity) = Total Shares 1/2 + Remainder = 1000 500 + 500 = 1000 500 dollars may further be divided among Other Relatives and Charity as follows: Paternal Relatives + Maternal Relatives + Charity = 500 2/3 of 90% + 1/3 of 90% + Remainder = 500 300 + 150 + 50 = 500 Islaamic_Sharia_Law.pdf Page 62 of 571
Slide 63: 300 dollars may further be divided among Male and Female Paternal Relatives and Charity as follows: Male heir + Female heir + Charity = 300 2/3 of 90% + 1/3 of 90% + Remainder = 300 180 + 90 + 30 = 300 150 dollars may further be divided among Male and Female Maternal Relatives and Charity as follows: Male heir + Female heir + Charity = 150 2/3 of 90% + 1/3 of 90% + Remainder = 150 90 + 45 + 15 = 150 Category-6_Example-3 :> Two or more Sisters (2/3 shares) are the specified heirs 1000 dollars may be divided as follows: Sisters heirs + (Other Relatives & Charity) = Total Shares 2/3 + Remainder = 1000 666 + 334 = 1000 334 dollars may further be divided among Other Relatives and Charity as follows: Paternal Relatives + Maternal Relatives + Charity = 334 2/3 of 90% + 1/3 of 90% + Remainder = 334 200 + 100 + 34 = 334 200 dollars may further be divided among Male and Female Paternal Relatives and Charity as follows: Male heir + Female heir + Charity = 200 2/3 of 90% + 1/3 of 90% + Remainder = 200 130 + 65 + 5 = 200 100 dollars may further be divided among Male and Female Maternal Relatives and Charity as follows: Male heir + Female heir + Charity = 100 2/3 of 90% + 1/3 of 90% + Remainder = 100 60 + 30 + 10 = 100 Category-6_Example-4 :> Mixed number of Brothers (2/3 shares) and Sisters (1/3 shares) are the specified heirs 1000 dollars may be divided as follows: Brothers heir + Sisters heir + (Other Relatives & Charity) = Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 1000 600 + 300 + 100 = 1000 100 dollars may further be divided among Other Relatives and Charity as follows: Paternal Relatives + Maternal Relatives + Charity = around 10 % of Total Shares 2/3 of 90% + 1/3 of 90% + Remainder = 100 60 + 30 + 10 = 100 60 dollars may further be divided among Male and Female Paternal Relatives and Charity as follows: Male heir + Female heir + Charity = 60 2/3 of 90% + 1/3 of 90% + Remainder = 60 36 + 18 + 6 = 60 30 dollars may further be divided among Male and Female Maternal Relatives and Charity as follows: Male heir + Female heir + Charity = 30 2/3 of 90% + 1/3 of 90% + Remainder = 30 18 + 9 + 3 = 30 Islaamic_Sharia_Law.pdf Page 63 of 571
Slide 64: Sexual Relations and Crimes 1. Adultery (Fornication). a) Sexual relations with a woman other than the wife (who came under marriage bond) is called 'adultery'. Regarding the singularities of believers it is said: (23-5:6) "They are those who abstain from sexual indulgence; except with those joined to them in the marriage bond or captive females, (who, before the revelation of the Quraanic injunctions, regarding the prevention of the institution of slavery), came into their possessions (47:4) and who, after coming under the marriage bond were given equal status with the wives). There is no reproach in conducting husband-and-wife relations with them." After this it is said: (23:7); (70:29-31) "But those who indulge in any extra-marital sex, are transgressors, and that is a serious crime under the Divine Law (24:2)." b) Adultery (fornication) is a crime and except in the case of rape, both man and woman are equally guilty. Thus it is said in Surah An-Noor (24th Chapter of the Quraan): (24:2) "The woman and the man guilty of adultery, inflict on each of them one hundred lashes. Let not compassion move you in their case because it has been prescribed by Allah, if you believe in Allah and the life Hereafter (i.e. on the fact that since these are Allah's Commandments, their results are bound to appear forth) and let a party of the believers witness their punishment (so as to make sure that the punishment has been given according to Law)." Nowhere in the Quraan is it indicated that four eye witnesses, who have observed the act of fornication, are required to testify. For this, see under the heading "Acts of immodesty" (shameful acts leading towards 'zina') which shall be described later on. c) The punishment for 'zina' is flogging with hundred stripes each for both man and woman. The punishment of 'stoning' is nowhere to be found in the Quraan. Adultery: Punishment for illegal Sex: It is matter of giving life NOT taking life, and a baby may be born because of this adultery (Rape): The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment. (AL_Quraan_024.002) Punishment for False Blame on Sex: And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors; Unless they repent thereafter and mend (their conduct); for Allah is Oft-Forgiving, Most Merciful. (Al_Quraan_024.004-005) Stoned to Death or 100 Lashes: It is matter of giving life NOT taking life, and a baby may be born because of this adultery (Rape): We point on other Religions about the contradictions, What Will be your Answer?, when others will point on our Religion Islaam that we also have contradiction. 1> Punishment for Adultery is stoned to death. In the Year 2003 a Nigerian women was stoned to death on the basis of Hadeeth. 2> BUT according the Quraan it is 100 lashes, regardless of men, women, married or un-married. Please also read my article on “Responsibilities of Rasool Allah (saw)”. We are supposed to do judgment according to the Quraan & no one including Rasool Allah (saw) has right to change it. Please read my article on “Responsibilities of Rasool Allah (saw). To understand this we need to understand the punishments for Murder or Wounds. Punishments for Murder or other wounds: Islaamic_Sharia_Law.pdf Page 64 of 571
Slide 65: And We prescribed to them in it that life is for life, and eye for eye, and nose for nose, and ear for ear, and tooth for tooth, and (that there is) reprisal in wounds; but he who foregoes it, it shall be an expiation for him; and whoever did not judge by what Allah revealed, those are they that are the unjust. (Al_Quraan_005.045) In the above ayaat Allah clearly mentioned about the justified punishment i.e., is Here is life for life, and eye for eye, and nose for nose, and ear for ear, and tooth for tooth, and (that there is) reprisal in wounds. Now we need to analyze that, does Adultery fall in any of the above categories, of course NOT. Allah prescribed us on retaliation in the matter of the slain: O you who believe! retaliation is prescribed for you in the matter of the slain, the free for the free, and the slave for the slave, and the female for the female, but if any remission is made to any one by his (aggrieved) brother, then prosecution (for the bloodwit) should be made according to usage, and payment should be made to him in a good manner; this is an alleviation from your Lord and a mercy; so whoever exceeds the limit after this he shall have a painful chastisement. (Al_Quraan_002.178) Even Allah told us that there is life for you in retaliation (Qisaas): And there is life for you in (the law of) retaliation (Qisaas), O men of understanding, that you may guard yourselves. (Al_Quraan_002.179) We need to remember that Saving a Life is like Saving the Whole World. (Ref. Al_Quraan_005.032). So Adultery does not fall in any of the Murder case, even for which Allah told us about the law of retaliation (Qisaas). Do justice according to the Quraan: We have sent down to thee the Book in truth, that you may judge between people, as guided by Allah: so be not (used) as an advocate by those who betray their trust; (Al_Quraan_004.105). But when our CLEAR SIGNS are rehearsed unto them, those who rest not their hope on their meeting with Us, say: bring us reading other than this, or change this, say: it is not for me, of my own accord, to change it: I follow Naught but what is revealed unto me (as is): if I were to disobey my Lord, I should myself fear the Penalty of a great day (to come). Say: If Allah had to willed, I should not have rehearsed it to you, nor would he have made it known to you. A whole lifetime before this have I tarried amongst you: will ye not then understand? (Al_Quraan_010.015 – 016). And recite (and teach) what has been revealed to thee of the Book of thy Lord: none can change his words, and none wilt thou find as a refuge other than him. (Al_Quraan_018.027). d) If a 'captive' woman commits adultery, her punishment is half as compared to a free believing woman: (4:25) "After slave women enters into wedlock and then become guilty of immodesty (adultery), her punishment is half that of a free woman; (24/4) because they were not brought up under circumstances conducive to a high character and thus, such acts were not considered blamable in their previous life; a high standard of behaviour therefore cannot be expected from them as in the case of a woman of nobility. It is necessary to keep such factors in view while handing out punishment." An important principle can be inferred from it that while proclaiming judgement for a crime, the circumstances, the upbringing, and! the mental calibre etc. of the criminal ought to be kept in mind. That is what is meant by giving half punishment to a captive woman. On the other hand it has been said that if the wives of the Nabi commit a crime, their punishment shall be double: (33:30) "O consorts of the Nabi! If any of you were guilty of evidently unseeming conduct, your punishment would be doubled. There shall be no difficulty in doing so, in view of its being a Divine Law, because your life has got to serve as a model for other women. e) Do not create such circumstances that those under your protection are compelled to commit adultery. Thus it is said in Surah 'An-Noor' (24th Chapter of the Quraan): (24:33) "Those of your grown-up girls (maids or slave women) who intend to get married, do not stop them from doing so, for the sake of making any worldly gain. This way they might be compelled to commit adultery. If anybody forces them Islaamic_Sharia_Law.pdf Page 65 of 571
Slide 66: to such conditions, there is provision in the Divine Law which protects them from this compulsion and provides them means of sustenance. (It is the duty of an Islamic State to provide them such protection)." 2. Sodomy and female to female manipulation. If two men (or two women) are guilty of lewdness, give them suitable punishment. (The punishment has not been prescribed by the Quraan). But if there exists a possibility of their correction, the court in its own opinion can forgive them. (4:16) Those two men who commit such shameful act, should be suitably punished; but if they show penitence, reform and mend their ways, they should be forgiven. There is room for forgiveness in the Divine Law (which in most cases becomes a blessing in checking crimes)." The word in this verse is a masculine gender (i.e. two men) but by deduction it can also be "two women"; that is why we have included it in the heading above (which means two lesbian women. The Holy Quraan has described homosexuality as the most hateful act in verses (7:81) and (27:55). This highlights the fact that such sexual acts are a crime. 3. Preliminaries that incite adultery. a) Those women who commit such shameful acts which lead towards adultery, and four eye witnesses are available for this act, such woman shall be forbidden to leave their homes: (4:15) "If any of your women are guilty of shameful acts (which lead towards adultery) take the evidence of four reliable witnesses from amongst you against them; and if they testify and the crime is proved, confine them to houses, until death claims them, or Allah ordains for them some (other) way, (for example they get married, if they are unmarried)." The punishment for adultery is mentioned in verse (24:2) and punishment for slandering (false accusation) in verse (24:4). The word in this verse is often translated as 'adultery', but we do not consider it correct because the Quraan has ordained 'a hundred lashes' as punishment for adultery (24:2) and here the punishment is 'confinement in the homes'; and thus it does not mean adultery. It means such immodest acts which, if not constrained, can result in adultery. That is why we have described it under the heading 'Preliminaries leading to adultery'. It is nowhere given in the Quraan that witnesses are required to prove the commission of adultery. b) If a married woman commits an act of lewdness, some amount can be reduced from her dower (at the time of divorcing her consequent to such an act). It has been described earlier under the heading 'DOWER'. (4:19). 4. Immodest actions. a) Do not go near lewdness (immodesty), open or hidden; (6:152) and (7:33). Do not ever get close to immodesty either in thought or in action, be it open or secret. b) The circulation of talks regarding acts of immodesty is prohibited. It is a crime to do so: (24:19) "Remember! Those who wish to propagate talks of lewdness among the believers, will have a grievous penalty in this life and in the life Hereafter. Allah knows (how destructive are such acts,) and you know not." This includes all acts and means which cause diffusion of actual immodesty or thoughts about it. c) There is room for forgiveness if those who commit such acts and mend their ways: (3:134) "Those of the believers, who commit an indecency, or having wronged themselves (or others) due to oversight or a slip, do not persist with it and earnestly revert to Allah for forgiveness: by so doing they save themselves from the harmful effects of their wrongdoings. As a matter of fact, nothing can save them from the harmful effects of wrongdoings except turning towards the Divine Law." 5. Pestering honourable women or spreading gossips about them. This is a heinous crime for which the punishment extends from withdrawal of their citizen's rights to death sentence. In Surah Ahzaab (33rd Chapter of the Quraan) it is said:(33:59) "O Nabi! Tell your wives, daughters and the believing women that they should let down upon them overgarments (when they come out of their homes) This is more proper so that they may be recognised (as noble women) and Allah is ever forgiving, merciful." Islaamic_Sharia_Law.pdf Page 66 of 571
Slide 67: After this it is said: (33:60-61) "You take this precaution and if even after this the hypocrites and those in whose hearts is a disease and those who stir up sedition in the city, desist not, force shall certainly be used against them; then they will not be able to stay in as your neighbours for any length of time. They shall have a curse on them, wherever they are found; their rights of citizenship shall be confiscated. If even then, they do not mend their ways, they shall be seized and put to death mercilessly." 6. False accusation (Calumny). a) One who makes a false accusation against honourable women, must produce four witnesses. If the accusation is proved to be false, his punishment is eighty stripes and after this his evidence shall not be accepted. However, if there is possibility of his correction, he can be excused. (24:4-5) moreover (24:23) and (60:12) Chastity is an invaluable asset and a Permanent Value, therefore it must be firmly protected. Thus it is ordained: "Those who make a false accusation against chaste woman and produce not four witnesses in support (of their allegation), flog them with eighty lashes, and reject the evidence of such untrustworthy people; (confiscate their human rights) thereafter, if still they do not come to the right path, give them more severe punishment (24/23) _ for such men are wicked transgressors. However, if they discard their erroneous ways thereafter and mend (their conduct), they can be excused because in the Divine Law there is room for forgiveness and excuse, (with this, the casual criminal not only gets protection but also is not deprived of the means of sustenance)". b) Anybody who raises a charge against his own wife (accuses her of adultery) and fails to produce witnesses, he should take an oath upon Allah four times and in the fifth oath invoke a curse of Allah. But if the wife takes a similar oath five times for her exoneration, she shall not be considered a criminal: (24:6-9) "And for those who raise a charge against their spouses and have (in support) no evidence except their own, the matter will be decided thus: they should bear testimony four times (with an oath) by Allah that they are solemnly telling the truth, and the fifth (oath) should be that they solemnly invoke the curse of Allah upon themselves, if they are telling a lie." With this the wife shall be considered guilty. But it would avert the punishment from the wife, if she bears witness four times (with an oath) by Allah that (her husband) is telling a lie. And the fifth oath should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth. c) If a person commits a crime and blames it on some other person, it shall be considered a double crime (on account of his own and that of false allegation on others): (4:112) "If any one falls into error or commits a crime and throws it on to one who is innocent, he carries (on himself both) a falsehood and a flagrant sin. As such he has loaded himself with a double crime (with the load of his own crime and the load of the false allegation)." 7. Privacy. One should not enter other people's houses without permission. (24:27-29) "O you who believe! Enter not houses other than your own, until you have sought permission from and complimented those in them. This upkeep of social etiquette is best for you, so that your society may observe the highest principles of social living. If you find none in the house, enter not until you have been permitted to do so: if you are asked to go back, go back without any feelings of displeasure. It will lead you to decency and Allah knows well all that you do. However, there is no restriction on you if you enter houses not used for living, which serve some (other) use for you (for example such houses in which is kept the common goods.) You may enter such a house but without any bad-intention. Remember that Allah's Law of Requital knows what you reveal and what you hide." 8. Rebellious women. For this, first of all attempt should be made to make them realise their erroneous attitude. But if they are adamant, separate their beds temporarily and if they still do not mend their conduct, the court can give them corporal punishment [i.e. beating - (4:34)]. This has been described earlier under the heading 'Divorce'. Islaamic_Sharia_Law.pdf Page 67 of 571
Slide 68: Protection of Life The importance of human life: 1. The Israelites were ordained that if they killed a single person unjustly, it would be taken as if they had destroyed the whole of mankind and if they saved a single person's life, it would be as if they had saved the whole of mankind. This verse is very important: (5:32) (The story of the two sons of Adam which was on everybody's lips among the Israelites, in fact represented their own emotional state of being _ ever-ready to kill one another). "That is why We ordained that if anyone slew a person, unless it be life for life in case of a murder, or it be as a punishment for spreading mischief in the land, it would be as if he slew the whole of mankind; and if anyone saved a life, it would be as if he saved the whole mankind". The believers are ordained not to kill one another: (4:29) 2. Allah has sanctified human life, it is therefore a crime to take a life except for a just cause (Haq), i.e. for being subject to the dictates of the Divine Law. (25:68); (17:33); (6:152) (Allah has made the life of a human being sacred) _ "Nor should one take a life except for its being subject to the Divine Law". 3. It is the duty of an Islamic State to pursue the crime of murder and punish the offender: (2:178-179) "O you who believe! You are ordained to pursue the case of a murderer and punish the criminal according to law. (It means that it should not be taken as a personal case between the murderer and the relatives of the murdered; it should be considered a crime against the society or the system which should take it into its own hands. As regards its punishment, the principles of justice and equity must be kept in mind, so that there should be no difference between big or small. The real issue is that of justice, according to which every human life is equally valued (the individual human beings are equal) For example: if the murderer is a free man, the same free man shall get punishment; and if the murderer is a slave, the same slave shall be punished; if she is a woman, her being a woman cannot save her: she must get punishment. The crime of murder can be of two kinds: (i) willful murder, or (ii) murder by mistake. The punishment for willful murder is death (not blood-money or compensation) or anything less than the maximum punishment (4:93); in any case the punishment should not exceed the extent of crime. (42:40; 17:33). But if the murder is not by intent or premeditated, but the result of a mistake (inadvertent), the punishment shall be blood-money (compensation) according to (4:92). If the heir of the person slain willfully wants to give a remission in the amount settled, he can do so. In such a case it is necessary for the guilty to abide by what has been settled and make payment in a commendable manner. (In the fixing of the punishment for an inadvertent murder) your Sustainer has given a relief, so that your capabilities may continue to flourish. But if anybody commits excess after the settlement of the case, he shall receive grievous punishment. Leaving aside superficial emotionalism, if one ponders deeply and dispassionately, this reality shall come to the surface that in this law of pursuing the case of a murder, the secret of your collective life is hidden. This saves you from the dangers of lawlessness." At yet another place it is said: (17:33) "Allah has declared the life of an innocent one as sacred: (5:32). "Nor take life which Allah has made sacred except when it is required by law (2:178). And if anyone is slain wrongfully, the murderer should not assume that he cannot be taken to account because there is nobody to help or stand by the heirs of the slain person; We have made the Divine Order powerful and authoritative for the support and help of his heirs. Therefore this Order would provide them patronage (stand by them) and pursue and punish the crime but it is important for the Social Order not to exceed bounds, it shall execute the punishment within the bounds of the law. (6:152; 42:40)." 4. The Israelites were ordained 'life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, also wounds for wounds,' yet room was left for pardon: (5:45) In the case of Israelites "We ordained therein for them: life for life, eye for eye, nose for nose, ear for ear, tooth for tooth and for other wounds like for like. But if the plaintiff forgives, it shall become the atonement for the crime". Islaamic_Sharia_Law.pdf Page 68 of 571
Slide 69: This was the law of retaliation (punishment) which was given in their books; they ought to have made decisions accordingly, because those who fail to judge (in the light) of what Allah has revealed, do not act justly and are the ones who transgress the Divine limits. 5. As it has been said before, premeditated murder and inadvertent or unintentional murder are two separate cases. For murder without intent it is said: (4:92) "Never should a believer kill a believer, except when by mistake: if one (so) kills a believer, it is ordained that he should free a believing slave and pay compensation to the family of the deceased (2:178), unless they forgive it as an act of grace. If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is enough). If he belonged to a people with whom you have a treaty of mutual alliance, compensation should be paid to his family, along with freeing a believing slave. For those who find this beyond their means, it is prescribed for them that they should fast for two months running; this shall be considered sufficient cause for forgiveness by the Divine Law, for Allah is All-knowing, All-Wise." And for willful murder it is said: (4:93) "If one kills a believer with intent, punishment for this unjust killing is death (5:32), but after death, he shall also go to hell to abide therein (for ever) and the wrath and curse of Allah shall be upon him and a dreadful penalty is prepared for him; he shall be deprived of the rights of citizenship* and shall be given severe punishment**. Thus it is clear that blood money is allowed only in an unintentional murder, not in willful murder, punishment for willful (premeditated) murder is death. 6. Killing the offspring is prohibited. But as has been said earlier, here murder may mean "to deprive them from education and proper nurture as well as actual killing. (6:52) see also (6:141; 17:31; 60:12). 7. The destruction of crops and cattle or human race is a sedition. For despotic rulers it is said: (2:2.5) "When these people get sovereignty and rule in the land, they aim at destruction and desolation all around, and destroy crops and human race (also cattle). Neither the system of economy, nor the political system remains intact. They only seek self-interest and do not care if the country goes to hell. Allah, Whom they invoke at every step, does not like destruction or desolation. Note: As it has been said earlier, it is not only sufficient to punish such persons as are guilty of these crimes, it is incumbent upon the government to compensate the affected people for the loss of life and property. It is the duty of the government either to compensate the loss by itself or make the offenders pay; it is of no concern to the heirs as to who pays. For them the government becomes the respondent because it takes the responsibility for the protection of life, wealth, chastity, honour and property of the peaceful citizens. If any of these things is lost (except when it is due to the carelessness, negligence and apathy of the owner himself), it shall mean that the government has not fulfilled its responsibility. Thus the claim for loss shall be against the government and not directly against the culprits. * The word "Lanat" (curse) means to 'deprive somebody'. Legally it means to deprive of rights which were available to him as a citizen. ** It is apparent from the above that even in willful murder punishment less than capital is allowed. For example if one kills somebody, on being suddenly enraged by the sudden attack on his honour, one can be given some other punishment less than the capital punishment. Islaamic_Sharia_Law.pdf Page 69 of 571
Slide 70: Protection of Property 1. Protection of property. a) To eat up 'one another's property' unlawfully is a crime: (2:188) "Do not eat up your property among yourselves unlawfully" has been ordained by Allah. b) As regards the property of orphans, it has been said emphatically not to eat it up in a wrong way: (4:6) (Also 17:34 ; 6:153) "And provide proper nurturing to the orphans and keep monitoring as to how far their potentialities are developing, until they reach the age of marriage (or maturity) (6:153; 17:34; 40:67); if then you find maturity or intellect in them, release their property to them but, if they are not yet mature, do not consume it wastefully, nor in a haste against their growing up. As far as the protection of their property and the compensation for their upbringing is concerned, if the guardian is well off, let him claim no remuneration. But if he is indigent, let him take what is just and reasonable. When you release their property to them, take witnesses to the transfer. And while accounting for it, keep it in mind that you are presenting the account to Allah Who knows what is hidden as well as manifest." c) The way the religious leaders eat up the property of the people is also a crime: (9:34) "O you who believe! There are indeed many among the priests and monks who, in falsehood, devour the substance of men and hinder them from the way of Allah (because if people started following the Divine Laws, their leadership would come to an end)." As a matter of fact those (except the disabled) who eat up other's property without putting in labour, eat it up wrongly. The priests and monks are on the top of such list. They do not earn their livelihood by putting in labour but lead their life on what others earn. Next to the priestly class, on the list, are the Capitalists who on the basis of their wealth usurp the outcome of others' labour. Thus in the first part of verse (9:34) the priestly class is mentioned and in the later part the capitalists are mentioned . If you ponder over it deeply the priest-craft is the worst form of capitalism, because a capitalist, after all, spends something in order to increase his capital, but the priests eat up others' property without spending a penny, and thus the Holy Quraan has ordained that it is an unlawful method of earning livelihood. d) Do not obtain decision in your favour by means of bribery. The first part of the verse (2:188) has been described earlier, the complete verse is as follows: (2:188) "And do not eat up your property among yourselves wrongfully, nor use it as a bait for the judges (if the case lies with the court), with intent that you may eat up wrongfully a part of what rightfully belongs to others. You know what results it would produce." e) Keep your measures and weights proper and just. Thus it has been said as a matter of principle: (6:152) also (17:35); (7:85) "Give measures and weights with full justice." This has been explained further by saying: (83:1-3) "The result of wrongful business-mindedness and capitalist mentality can be nothing but destruction. People of such attitude, when they are on the receiving end, take by full measure, but when they have to give to others, they give short of weight. They take full work from the workers, but pay them less and themselves earn more. They not only deal with the property in this manner; their mentality remains the same even in evaluating humans in order to keep their potentialities suppressed so that their full growth is restrained and only allowed to develop so far as it is beneficial for the capitalist's interests, they do not permit them any more freedom." f) Easy Money (maisir): The term is commonly used for gambling, but it is a comprehensive term which includes all means of earning easy money. According to the Holy Quraan, the loss inherent in such earning is more than the gain: (2:219) "O Rasool! They ask thee about khamr (psycho-active substances which put them in an altered state of mind) and maisir (acquiring easy money), tell them that the long-term adverse effects of both are far more than their temporary and short-term benefits." (5:90-91) "O you who believe! Intoxicants and gambling, dedication to stones and (divination by) arrows which have been described in (2:219) and (5:3) are abominations of Satan's handiwork, which suppress human faculties of intellect and vision; eschew such (abominations) so that they do not become an obstacle in the way of your success. If you become accustomed to such habits as wine and gambling, in order to satisfy your baser passions, (in addition to its bringing about your personal debility), it shall cause enmity and hatred Islaamic_Sharia_Law.pdf Page 70 of 571
Slide 71: amongst you and hinder you from the establishment of the system of 'Salaat' Will you not, then, abstain (after such a lucid explanation)." The Holy Quraan has not ordained the punishment for intoxicants and gambling, but it has been left for the Islamic State to determine them according to its own circumstance. g) Raffle and lottery: This is also included in easy money. The word divination by arrows in (5:90) and (5:3) means lottery. 2. Theft. The punishment for stealing is amputation of hands whether the thief is a man or a woman: (5:38) "Thief, may it be a male or a female, are both equally guilty; there is no discrimination in their punishment. However, a way should be devised in which the thieves themselves abstain from stealing, and which also becomes an obstacle in the way of violating the Divine Law; it means that it serves as a curative for the offender and as a preventive for others. But if you find that the matter has reached the extreme and the thefts have become rampant, the extreme punishment can be to cut off the thief's hand. Anyhow the aim is to check the crime, either by force or by planning; these are both included in the words. But the following has also been said along with the above: (5:39) (As the objective is to check the crime, thus) "if the thief is repents after his crime and assures to mend his conduct, a provision has been made in the Divine Law, to protect such a person from punishment and deprivation from the common privileges of life". This words not only mean amputation of hands, it also means (i) to inflict wounds on the hands (as you find in the story of Joseph in (13:31), or (ii) to cause obstruction in some working as for example (cutting the tongue) means to check from unnecessary talk. Even in (5:38) it has been called i.e. an obstruction caused by Allah Himself. Note: The last note under the heading 'Murder' also applies to cases of theft, i.e. it shall be the responsibility of the Government to make good the loss by theft. 3. Loan. The dealings of giving or taking loan ought to be reduced to writing. The Holy Quraan has provided guidance about the nature of writing and the way it should be written. [However, it is not required to put hand to hand transactions (over the counter transactions) into writing]: A.: • It should be written by a scribe; • Loanee or his guardian should dictate; • There should be two male witnesses. If two males are not available, then one male and two females; • The scribe or witnesses should not be harmed in any way. • All these details are given in (2:282) which has been explained earlier. (In our view these details come under 'directives' rather than under 'laws'). B. The loanee ought to be provided facility for the payment of loan; and if he is so poor that he is unable to pay back the loan, he ought to be excused for it. The relevant verse (2:280) shall appear under the heading 'Usury'. 4. Mortgage (Pledge). In case the loan transaction is made during a journey and no scribe is available for writing, a pledge with possession (of some article that belongs to the loanee) is allowed. But in case the loanee is a reliable person, writing is not necessary. Thus it is said: (2:283) "If you are on a journey and cannot find a scribe, a pledge with possession may serve the purpose, but if trust exists between the parties, pledge is not necessary. (In case when neither the transaction has been reduced to writing, nor a pledge has been taken, then) the loanee should honestly and faithfully return the loan and thus exhibit his submission to the Divine Law." Islaamic_Sharia_Law.pdf Page 71 of 571
Slide 72: 5. Riba (Interest on loan). As it shall be described under the heading 'economic system', according to the Holy Quraan a return is only due on one's labour, not on capital. The return on capital is usury, be it in any form. The capital alone can only be paid back in place of capital and not any interest on it. In view of the importance of this issue, the verses pertaining to it shall be described in a sequence. To begin with look at the effects and the dangerous results of usury: (2:275) "On one side are the people who by cutting down their own needs to the minimum, fulfil the necessities of others (59:9), and on the other side are those who give loans to others but taking advantage of their indigence, take back more than what they had loaned. The state of such people who have this mentality, is like the one who has been stung by a snake and is violently running about hither and thither (i.e. the greed for money sets fire in their chest which keeps them uneasy all the time). The reason, they produce for this act of theirs, is that usury (taking more than what they had spent) is like trade; there is no difference between the two. As in trade, a shopkeeper takes from the purchaser more than he had spent, similarly in usury the one who uses his capital for loaning, receives more than his principal amount. This is a lame excuse. In trade a man spends his capital and in addition to it he puts in labour. Thus anything surplus that he takes is not a profit on the capital, rather it is a return for his labour, and this is exactly the right way. On the contrary in usury where no labour is put in, it is only a surplus gain on money loaned by him, this is unlawful. (Remember the principle in this respect, that it is only the return of labour that is right (53:39) but to gain profit on other people's labour simply by investing capital alone, is unlawful. This is what is called 'Riba' (or interest). But anybody who, after receiving this Divine Commandment, puts an end to his earlier ways, then that which he has received earlier belongs to him and according to the Divine Law he shall not be called to account. But those who do not desist from their previous practice and persist in such dealings, these are the people whose deeds shall meet destruction; they will find no way out of the chastisement." After the above description let us take up the comparison between usury and deeds of charity: (2:276) "Remember! that what a man thinks, increases his capital, in fact, it deprives him of all blessings, and it causes destruction not only to himself but also to his nation. On the contrary whatever he spends for the nourishment of others and which appears to decrease his wealth, in fact, not only provides nourishment to himself but also provides means of nourishment to his nation. In usury it becomes a common mentality to keep the necessaries of sustenance hidden from others, so that the people always remain needy and compelled to take loans and those who extend loans, on the other hand keep enjoying the benefits on the produce of those who put in actual labour and hard work. This paralyses man's productive energies and he becomes incapacitated to keep progressing further in life. Hence a capitalist society is doomed to destruction." At another place it is stated: (30:39) "That which you lend out to others so that you can recover something over and above your principal amount, you may, as per your trading norms, receive some profit, but according to the Divine Law it is not an increase. This appears to be an increase in your assets because you make the calculations on the basis of your personal gains, but if you think over it, keeping in view the benefit of humanity, you shall find that it is indeed no increase. On the contrary whatever you spend for the nourishment of others, without an intent for your personal gain or compensation, but with the intent of bringing your life in consonance with the Divine Laws, then you shall really make an increase in your wealth. (2:275-276; 3:129; 74:6)." After declaring usury unlawful, previous transactions of the kind are explained: (2:278) "O you who believe! Stay conscious of the Divine Laws and guard them and what remains due against the loans, write them off, if you are indeed Mu'mineen (believers)." Here writing off' the outstanding balances due against loanees has been laid down as a prerequisite to one's Eemaan (belief). Following this it has been stated that those who do not do this: (2:279) "If you are not prepared to do it, consider it an ultimatum (of war) from the Divine System (Allah and His Rasool) and be prepared for it (because the Divine System is an open enemy of capitalism and there can be no compromise between the two on this issue). But if you retract from this practice of yours, you will be allowed to recover your principle sums, so that you neither commit an excess on the loanees, nor are you dealt with unjustly." Islaamic_Sharia_Law.pdf Page 72 of 571
Slide 73: From above the severity of this crime (usury) can be perceived. Here the usury has been declared as a rebellion against the Islamic order and the two are declared incompatibilities that cannot exist together. After this it is said: (2:280) "If the debtor is in difficulty, grant him time till it is easy for him to repay. But if you forgive it completely it would be an act of benevolence on your part if you comprehend with farsightedness what great collective benefits it contains." A verse of Surah 'al-e-Imraan' (3rd Chapter of the Quraan) deserves particular attention where it has been said that: (3:129-130) In this verse as stated above the usual translation of the words is taken as doubled and multiplied and from this compound interest is inferred. This inference is against the basic teachings of the Holy Quraan. As a matter of fact, it means that an increase on the capital alone is unlawful, be it in any form. One who provides loan can only take back his principal sum and nothing more than that. Thus the verse (3:129-130) actually means: "O you who believe! Usury plays the main role in causing collapse of a social system (i.e., to gain profit on the capital alone). People think that it increases wealth. Individually it seems so, but in reality it weakens the economic system and reduces national wealth. Thus O believers! Never adopt this capitalistic system of usury; always keep in mind the Divine Laws, that is the only way to success. If you, instead of increasing the wealth by putting in hard labour, take to exploitation of the produce of the worker, you will be doomed to the fire of destruction like those who reject the Divine System." The Holy Quraan says that one of the causes which brought about the destruction of the Jews was the system of usury. Thus it has been said in Surah An-Nisa (4th Chapter of the Quraan): (4:160-161) "It was the result of such of their excesses and insurrection that the pleasantries which were lawful for them, were ordained as unlawful as a punishment (6:147). The list of their crimes is very long but briefly stating these people always put hindrances in the way of enforcement of Divine Order which is a path of bringing beneficence to humanity; they, instead of helping the indigent, exploited their needs; while giving loans to them they took back more than what they had spent (charged interest on their capital) although they were prohibited to do so, and thus they used these tactics and others in order to eat up other people's property by foul means; they do the same even now. These are the crimes which are the cause of their miserable suffering." According to the above definition of usury, sleeping partnership in business known as mudarabat, or giving land on sharing contract known as are all included in usury. 6. Trade (Selling). a) Usury is unlawful and trade is lawful as has already been explained under the verse (2:275). At yet another place it is said: (4:29-30) "O you who believe! Eat not up your assets amongst yourselves unlawfully. In social living there is exchange of necessities (called trading). This should be conducted through mutual agreement. Under this principle everybody shall get the return of his labour (54:39), not that one exploits the other by virtue of his capital (2:275). If you do so, you are destined to face destruction. Allah wants everyone of you to get his part of the nourishment, as such an economic system wherein this objective is lost, cannot be a just system. After such a clear emphasis, any nation that conducts its dealings in a manner that every individual aims at causing reduction in other people's rights and as such transgresses his limits, is doomed to a speedy destruction. Any system established against the universal beneficence, contains inherent means of its destruction." b) Hand to hand trading transactions need not be reduced to writing (2:282) Note: We have seen above under the heading 'Usury' that the return is only justified against labour and not against capital. As such the profit in trade should not exceed the labour put in by the trader. It is for the Islamic Order to enforce the requisite guidelines.) 7. Breach of Trust. a) Render back the trusts to whom they are due: (4:58) b) Betray not the trusts; it also includes the trusts of the government which include all the responsibilities entrusted to you by the state, or the secret affairs which you have known on account of your being the members of the state organisation. Thus it is said: (8:27) "O you who believe! Betray not either the Divine Order (Allah and His Rasool) or the trusts reposed in you. You know what shall be the result of such betrayal (4:58)." Islaamic_Sharia_Law.pdf Page 73 of 571
Slide 74: c) Do not plead the cause of the cheats (those who betray the trusts). It has been described in detail as under: (4:105-109) "(O Rasool)! We have sent down to you the Book (code of laws) so that you may judge the disputed affairs of men according to the knowledge with which Allah has provided you. And be not one advocating the cause of the dishonest. The matter of 'awarding judgements' between people is the grave responsibility of government and justice is a very sensitive affair; (human inclinations do tend to affect these decisions). One can escape this situation only if one remains conscious of the Divine Law and keeps seeking its protection. The Divine Law is fully equipped with means to provide such protection and nurture. Again take note of it that you must not become an advocate on behalf of those people who betray each other or their own selves; one who betrays the trust, thinks that one has gained something but, on the other hand, it creates such a debility in his personal character that his human capabilities become infirm. (That is what it means, when we say that he betrays himself). How can the Divine Law approve of such people? These people think that they can hide their crimes from others, but how can these remain hidden from Allah, Who watches over them even when they secretly counsel by night in matters that He will not approve. Allah's Law of Requital encompasses all human actions (40:19). Remember! Allah's Law of Requital is not such as it concerns only this world and if one arranges to get himself acquitted from the grip of law by foul means, he is still not acquitted of its accountability. Every human action leaves its imprint on the human 'Self' (17:14); and his 'Self' does not end with physical death _ it goes on to the life Hereafter. As such the results of human action also appear after death. Therefore if you contend on behalf of such persons or even get them acquitted from the grip of law by telling lies, say who will contend with Allah on their behalf on the Day of Judgment and who will be able to become their advocate". d) The believers pay special attention to their trusts and covenants: (23:8) and (70:8) Islaamic_Sharia_Law.pdf Page 74 of 571
Slide 75: Treaty (Obligations) A. It is necessary to fulfil obligations: (5:1) "O you who believe! Fulfil obligations." The word includes personal contracts as well as treaties. (17:34) "Fulfil (every) obligation, for every obligation will be enquired into". It means the breaking of an obligation is accountable. B. The fulfillment of obligations is the sign characteristic of believers: (23:8) "Those who faithfully observe their trusts and their covenants." Also (70:32); (3:75); (3:177), (70:32) C. The Quraan presents a comprehensive guidance when says: (61:2-3) "O you who believe! Why do you say which you do not. Grievously odious it is in the sight of Allah that you say that which you do not do. A man's act must coincide with he says." D. To fulfil your covenant with Allah is also a necessity. (16:91); (6:152) "And fulfil the covenant of Allah." Covenant with Allah also includes those responsibilities which man takes upon himself with his belief in Allah. In those who break their obligations with the Islamic state, it is said: (13:25) "Those who break the covenant with Allah after ratifying it and cut asunder the human relationship which Allah has commanded should be joined, and make mischief on earth; for them is the curse; theirs is the terrible abode." At yet another place it is called "selling of obligations": (16:95) also (3:76), (2:41) "Nor sell the covenant of Allah for a miserable price for the sake of worldly gains". In our opinion it also includes the conspiracies against an Islamic state, which the intriguers bring about in league with the enemy." The biggest and the basic covenant between man and Allah which makes the man a 'believer' is, that the sells his life and property to Allah: (9:111) "It is a reality that Allah purchases of the believers their persons and their wealth, and gives them a heavenly life is return". Note that it is not a matter of belief alone; it is meant to be brought into practice. Its practical shape is that it is a contract between an Islamic state and the believers, in the name of Allah. (This is not the place for its explanation. For contacts with other states, see under the leading "STATE AFFAIRS"). Islaamic_Sharia_Law.pdf Page 75 of 571
Slide 76: The Prohibited (Forbidden (un-lawful) and The Permitted (lawful) 1. The prohibited articles of food are: a) Carrion; b) Blood; c) Flesh of swine; and d) That which is dedicated to anyone other than Allah: (2:173) and (6:146): (5:3)(2:173) "Lo! He has forbidden for you carrion, blood, the flesh of swine and that which has been dedicated to any other name besides that of Allah." If at any time a situation arises in which no article of food is available and you are compelled to save your life, the prohibited articles of food are allowed to be taken, under the condition that you are really constrained to do so and do not intend to transgress the law or to satisfy your lust. Under such conditions of stress, the bad effects on your personality of eating prohibited articles of food shall be counteracted by your feelings of respect for the Laws of Allah and your personality shall continue to receive nourishment". Such conditions of helplessness cannot be decided by law; the man concerned can only decide for himself. However, for a believer taking such a decision it is not difficult. 2. The food of the people of the Book is admissible; it appears in Surah Al-Maaidah (5th Chapter of the Quraan): (5:5) (Have you noticed to what extent the Quraanic laws on the 'permitted' and the 'prohibited' have brought about a pleasant revolution in human life Before this a multitude of restrictions were imposed by the man-made codes of the so called Sharia (the religious laws) which had strangulated human freedom. The Quraanic laws, after laying down prohibition on certain articles of food, allowed all other agreeable articles for eating). "The food of the "people of the Book" is also made lawful to you provided (it does not contain anything that has been prohibited for you) and they also partake of your eatables." It is obvious that in accepting the eatables of the "people of the Book", the decisive factor will be that they do not contain anything which is forbidden by the Quraan. From the latter part of the verse it ensues that its aim is to promote social intercourse. But those people of the Book who are not desirous of creating social intercourse with the Muslims, such contacts with them cannot be allowed. 3. Killing an animal for hunting on land while in the sacred precincts (in the pilgrim's garb) is prohibited, but water game is permitted: (5:95-96) "O you who believe! Kill not game while (in the sacred precincts of Ka'bah) in the pilgrim's garb [We have declared Ka'bah a place of peace and tranquillity (3:96)], as such exigency of Our surety not only provides such atmosphere to men entering these precincts, but to animals also. If any person intentionally kills an animal within its bounds, the atonement for this act is an offering brought to the Ka'bah, of a domestic animal, like the one he has killed; [so that it may be used as food by the needy (22:28)]. In order to decide as to which animal is equivalent to the one killed, it shall be adjudged by two just men of relevant knowledge among you, or its atonement is feeding the poor, the extent being equal in value of the animal killed; or fasting equivalent to the guilt, its measure has been given in (5:89) i.e. fasting for 3 days or the feeding of ten indigent people, so that he may taste the penalty of his violating the confines. This is ordained as from now, because Allah forgives what you have been doing in the past, but whosoever repeats the offence, will be punished because a law which can be violated without fear of punishment, it becomes a sermon. As such the Divine System while prescribing the punishment for law-breaking also possesses the strength for its enforcement." Lawful to you is the pursuit of water game and its use for food, for your benefit and those who travel. This is applicable to water game, as well as to water animals thrown ashore or those left on the dry land Islaamic_Sharia_Law.pdf Page 76 of 571
Slide 77: after the water recedes. But forbidden is the pursuit of land game as long as you are in the sacred precincts or in the pilgrim's garb. Thus you guard the Divine Laws which is the purpose of your getting together in this centre from all sides. 4. Eating the meat of such permitted animals on whom Allah's name has been invoked is allowed, but the meat of animals on whom Allah's name is not invoked is forbidden. Thus it is said: (6:118) "So eat of (meats) on which Allah's name has been pronounced, if you believe in the Divine Laws." After this it is said: (6:119) "Why should you not eat of (meats) of the animals that are lawful for you on which Allah's Name has been pronounced, when He has explained to you in detail what is forbidden and of those too which are allowed to be taken under compulsion of necessity." This is followed by: (6:121) "Eat not of (meats) on which Allah's Name has not been pronounced. This is, no doubt, digression from the path ordained by Allah." It is clear from the above commandments that: i) Even from the lawful animals only those are allowed to be eaten on which Allah's Name has been pronounced. ii) Those on which the name of other than Allah is pronounced, are prohibited; likewise those on which no name is pronounced. 5. When Allah has defined lawful animals, the condition of their being (Tayyib) has also been added to it. (2:168). (Tayyib) means things which are agreeable to your taste, sight and smell, or those which are good from a nutritional point of view. It is not necessary that a man must eat every lawful thing. Eating of lawful things is not prohibited, yet from amongst the lawful things eat only what you like; you are not forced to eat what you dislike. The things which you dislike do not become unlawful if disagreeable to your taste. 6. As nobody has the right to declare 'lawful' what has been declared 'unlawful', similarly none has the right to declare unlawful that which has been legitimate. The Holy Quraan has clarified this point at several places. Thus it is said in Surah Al-Maaidah (5th Chapter of the Quraan): (5:87-88) "Make not unlawful the pleasant things which Allah has made legitimate for you and commit no excesses in violating the limits imposed on you __ exuberance as well as diminution, both are equally harmful." The right way is that you remain within the limits laid down by the Quraan and benefit from the good things of life; and as such whatever Allah has provided for you as means of sustenance, eat it in a lawful and agreeable manner and thus obey the laws of Allah in Whom you have professed Eemaan. It is said in Surah 'Yunus' (10th Chapter of the Quraan): (10:59) "Say: See what Allah has sent down for you of sustenance, then you make (a part) of it unlawful and (a part) lawful. Say: Has Allah commanded you or do you forge a lie against Allah". In Surah 'An-Nahl' (6th Chapter of the Quraan) it is said: (16:116) "And say not any fake things that your tongues may put forth and start declaring at random: this is lawful and this is forbidden, so as to ascribe false things to Allah. For they who ascribe false things to Allah will never prosper." In Surah Al-A'raaf it has been forcefully proclaimed: (7:32) "Say: who dares forbidding the adornments (gifts) of life which Allah has produced for His devotees, and the things, clean and pleasant (which He has provided) for sustenance" Islaamic_Sharia_Law.pdf Page 77 of 571
Slide 78: Those who do so, make themselves partners unto Allah; nobody can be given this authority. Say: whatever was intended to be unlawful, Allah has explicitly explained in His Book, other than those, everything is legitimate and nobody has the right to forbid any of them. As explained earlier, if anything out of the lawful foods is not agreeable to somebody's taste, he may not take it; but that does not mean that it has become unlawful for him. For example, if Islamic Government orders a restraint on the consumption of certain articles of food in response to exigencies of a time, they do not become unlawful. That shall be called a temporary restraint. But those who are great in ranks, their difficulties are also great; the Rasool was ordained not to put even a temporary restraint upon himself. When on a certain occasion he had done so, he was told: (66:1-2) "O Nabi! Why did you hold to be forbidden that which Allah has made lawful to you, just for the sake of pleasing your consorts" This is an admonition to you, so that no diminution takes place in the means of sustenance and protection for you and also because the effects of your deeds do not remain confined to your person; in as much as if you leave a certain article of food on account of your dislike, your followers may think that it is a bad thing in reality. That is why you should be careful. If you have sworn not to take a particular thing there is no harm, because Allah has allowed dissolution of such oaths against atonement (2:25; 5:89). Allah is your Protector; He has provided such facilities in His Laws so that one could easily get absolved, of the consequences of his 'slips' or omissions, He knows the weaknesses of human nature and as such has based His Laws on wisdom. It was so ordained because the Rasoole had forbidden a certain thing upon himself for personal reasons but, there was a possibility of his followers accepting that thing as unlawful. Thus as a precautionary measure, the Rasoole was prevented from such acts. Such a thing had already happened when Jacob the Messenger of Allah had forbidden something for himself and the Israelites made it unlawful for themselves. It is apparent from the foregoing that the issue of lawful and unlawful is of such a great importance that, leaving aside the question of holding unlawful a thing declared as lawful by Allah, even to create such circumstances under which it may be taken as unlawful, is not allowed. It was not allowed even to the Rasoole himself. To declare a certain thing as unlawful means a restraint on human freedom. It is obvious that according to the basic teachings of the Quraan, none except Allah holds this right. The state of extreme helplessness. [A state of hunger wherein a person fears death on account of the non-availability of permitted (lawful) items of food]. To clarify one particular point at this juncture is extremely important. After giving a list of the forbidden (unlawful) articles of food, it has been said in the Holy Quraan that one can partake anything out of them proportionate to one's need, and under the state of extreme helplessness. This means that if circumstances are such that a person is approaching death on account of hunger and a lawful article of food is not available, then in order to save his life, an unlawful thing can be partaken proportion in to his need. This is the only exception the Quraan has allowed to take an unlawful article of food. The Quraan does not recognise such a state of helplessness in any other aspect of life. But if one adopts a principle that any unlawful thing can be held lawful according to need or any forbidden act can be regarded as legitimate under certain needs, the differentiation between "lawful and unlawful" or between "forbidden and permitted" comes to an end. In this respect two clear examples are before us: a) Sayed Abul A'la Madoodi has said that: "According to Islam, honesty and truthfulness is one of the important doctrines of Islam and falsehood (lying) is the worst evil, but in practical life there are certain needs under which not only that lying is allowed but it has even been decreed obligatory" (decreed by the religious hierarchy). ('Tarjmaanul Quraan' May 1985 issue) Islaamic_Sharia_Law.pdf Page 78 of 571
Slide 79: We are not aware as to who are such authorities that have issued this decree (FATWA) but we know for sure that Allah has never allowed the telling of lies. If we admit that lying is obligatory under certain conditions, then neither falsehood nor crime shall remain an evil, because nobody tells lies unless it is necessary for him. When one accuses somebody of telling a lie he immediately replies "Why should I tell a lie" Not only for telling lies does every criminal offer 'necessity' as the reason for his committing a crime the 'necessity' may be material or emotional. Thus to hold every unlawful thing as lawful under the pretext of "permission to partake of forbidden items of food, is an open rebellion against the Quraan. After this, all limits laid down by Allah become unnecessary. b) When the late Miss Fatima Jinnah stood for election as a candidate for the Presidency of Pakistan during the reign of late Muhammad Ayub Khan, the Jamaat-e-Islami decided to support her. But sometimes before this occasion Mr. Maudoodi had given a decision that Islam does not allow a woman to take part in politics. Thus the question arose as to how far it was permissible from the Islamic point of view to get Miss Fatima Jinnah elected as President of the country and how far it was right for Jamat-eIslami to support it. The following was its reply: "After prolonged deliberations, the Jamaat has reached the conclusion, that amongst the things declared unlawful by the Islamic Law, there are certain things the unlawfulness of which is eternal and final, i.e. which cannot be changed under any circumstances; but the unlawfulness of certain other things is such as under conditions of acute necessity it can be changed into 'permission' to the extent of the need. Thus it is clear that the matter of unlawfulness of making a woman the head of a state, is not one of those which are final and eternal, but it can be counted as belonging to the other category. (Pamphlet published by Jamaat-e-Islami) This distinction of (Hurumaat) 'the forbidden acts' some of them being final and eternal and some being alterable under conditions of utmost necessity is totally against the Quraan. No such distinction has been made anywhere in the Quraan. According to the Holy Quraan each type of unlawfulness is final and eternal. The allowance of eating unlawful things under conditions of extreme helplessness (to save one's life) does not mean that the forbidden category gets changed into lawfulness, even if they remain unlawful. This allowance is only for a person who is under extreme condition of stress; and this allowance is made by Allah Himself. An Islamic Government can also put a temporary restraint on the use of admissible things, considering them unsuitable or harmful under certain circumstances; for example, prohibiting the use of certain fruits during the rainy season or during outbreak of epidemics but it has no right to declare as lawful a thing that has been ordained unlawful by Allah. We thought it necessary to elaborate on this issue because on the basis of decisions made by Mr. Maudoodi, the concept of lawful and unlawful is undergoing a change amongst the common men; and by such interpretations the people who dislike Divine restraints get an open license for remissions. Intoxicants (Psychoactive Substances). A). Intoxicants are not included in the category of food, and as such they are not included in the list of 'unlawful' things. Their use however, has been very strongly condemned because the addiction to the drugs cannot be eradicated in a day or so. The proclamations in this regard were gradual. At the beginning it was said: (4:43) "O you who believe! Approach not prayers with a mind befogged (in a state of intoxication) until you can understand all what you say". One ought to be vigilant and attentive during prayers. After this it was said: (2:219) "They ask thee (O Rasool) concerning intoxicants (psychoactive substances) and gambling. Say: In them is a great sin and some profit for man: but their sin far outweighs their gains." And in the end it is said: (5:90-91) "O you who believe! Intoxicants and gambling (easy money) dedication to stones, and (divination by) arrows are an abomination of Satan. It causes disintegration of society and the human qualities of intellect and the vision gets afflicted (suppressed) (10:100). Thus eschew such abominations so that you may prosper." Islaamic_Sharia_Law.pdf Page 79 of 571
Slide 80: If in order to satisfy your baser passions, you get habituated to intoxicants and gambling, these things, in addition to your personal debility, shall create mutual enmity and rancour and shall put in obstacles in your subservience to Divine Laws and in the establishment of the system of 'Salaat'. Will you not then refrain from these things after such a clear warning. After this last proclamation by the Holy Quraan, intoxicants became prohibited. From this stage by stage methodology of proclamations a principle is deducted that the enforcement of laws shall be carried out according to the existing circumstances of the society and this also includes the prevailing mental and psychological condition of the individuals. B). The word 'Khamr' (psychoactive substance) includes all those psychoactive substances that put a person in an altered state of mind (which put a lid on the human intellect); commonly it is used for wine, but other intoxicants may also be included in it. In the code of laws prescribed for the state, the word 'intoxicants' shall have to be clearly defined so as to give it a legal form. Islaamic_Sharia_Law.pdf Page 80 of 571
Slide 81: Injunctions for Social Living Social injunctions are not generally included in the category of LAWS. But if any social evil becomes rampant in society, an Islamic Government can make them statutory. Some social injunctions are described as under _ [Their details can be found in my book "Islami Mua'sharat" _ "Islamic way of living"]. 1. Moderation in expenses. i) "Eat and drink but waste not by excess." (7:31) ii) Do not spend without reason (need). Those who do so are the brethren of Satan. (17:26-27) 2. Get-up. a) Use of things that produce beauty and elegance is lawful. None can proclaim them as unlawful. Details have already been given under the heading 'Lawful and Unlawful'. (7:32) b) Apparels provide cover for body as well as elegance for a person. (7:26) 3. Physical and Mental Capabilities. Knowledge (mental capability) and physical strength, are both necessary. When Taloot was made commander of Israelites, they had objected to it for his not being a wealthy person and asked: "What are his qualifications for which he has been made a commander" The reply was as follows: (2:247) "Allah has chosen him above you and has gifted him abundantly with knowledge and bodily prowess". That is why he is chosen as your commander. 4. Conversation. a) Always converse in clear, straightforward and decisive language, which contains no ambiguity: (33:70) b) Use language, which is recognised by society and commonly used. (4:5) "Speak to them in words that are commonly recognised and used." Also adopt an elegant manner for speech: (2:83) "And speak to men in a charming way." c) (22:30) "And shun the words that are deceitful and showy". d) (6:153) "When you say something, say with justice and equity, even if it goes against your relatives." "Do not shout, a shrieking voice is disliked by others". (31:19) "Speak softly, for the harshest of sounds, without doubt, is the braying of any ass." 5. Absurd and immodest talk. Avoid all absurdities. One of the qualities of the believers has been stated as (23:3) "They avoid vain talk". The word "Laghw" means vain as well as meaningless. In Surah Al-An'aam (6th Chapter of the Quraan) it is said: (6:151) this includes all sorts of immodesties __ even an immodest talk __ as it arouses lewd passions. 6. Walking. i) Do not walk in haughtiness, be moderate (31:18-19) also (17:37) "Do not be haughty while walking, adopt moderation in your gait." ii) When you go out, do not allow your gaze to become bold and daring. This has been ordained both for men as well as women. For men: (24:30) And for women: (24:31) Islaamic_Sharia_Law.pdf Page 81 of 571
Slide 82: 7. Thoughtfulness to ponder and to comprehend. i) Do not follow a thing without an inquiry into it. (17:36) "Remember! Pursue not that of which you have no knowledge (which you have not inquired personally). Personal inquiry means that you gain knowledge of it through your senses of hearing and sight and on this basis, decide by your own intellect. If any link of this manner is broken, your inquiry shall remain incomplete. Look! How great is your responsibility in this matter, because Allah has given you 'will' and the faculty of 'choice'; you are not a inanimate machine. For the use of this faculty, He has provided you means of investigation. One who does not make use of them, shirks his own responsibility. This is an important injunction which if acted upon properly, turns all conspiracies and the intrigues into a complete failure and a peaceful atmosphere prevails in society." ii) Always ponder over things: see, hear, comprehend and then make decisions intellectually. For those who do not do so, it is said: (7:179) Many are (amongst) the people (both) civilised and uncivilised whom We have made for hell. "They have mind wherewith they understand not, eyes wherewith they see not, and ears wherewith they hear not; they are like cattle, _ nay more astray, (because cattle, at least, follow their natural instincts). These people are heedless of warning". iii) When you hear a good thing, act upon it; and when you hear an absurd one keep yourself away from it. (2:285) "We hear and we obey", has been called the believers way. And also (28:55) "And when they hear vain talk, they turn away therefrom". 8. Spying. "Do not spy on other people's affairs that concern you not". (49:12) 9. Knowledge. i) A learned person and an illiterate one cannot be at par: (39:9) "Say: Are those who know and those who do not know, equal to each other" ii) Never think that you have reached the final stage of knowledge and nobody knows more than yourself. Remember! (12:76) "And above everyone endowed with knowledge is another endowed with more knowledge." Nor say that my cup of knowledge is full and I do not want to know any more. Such mentality has been attributed to the non-believers. (2:88) "They say: our hearts do not need any outside information nor is there room in them for anything more to enter". Not to speak of others, in this respect even the Nabie was asked to keep praying. (20:114) "O My sustainer! Advance me in knowledge." 10. Social relations. When you meet each other, offer good wishes and blessings for safety. Thus it is said: (4:86) "One who conveys to you a message of safety and security and also when a courteous greeting is offered to you, meet it with a greeting still more courteous or (at least) of equal courtesy." When you enter your own house or the house of somebody else, compliment the inmates. (24:61) "As has been said earlier (24:27) enter not houses other than your own until you have sought permission; and then greet the inmates and wish them a life of blessing, purity and pleasure from the grace of the Almighty Allah." 11. Good behaviour. i) Extend kind and good behaviour to your parents kinsfolk, orphans, neighbours, friends, travellers and those serving under you: (4:36) The words in this verse do not mean slave men and women only but also include those serving under you. Islaamic_Sharia_Law.pdf Page 82 of 571
Slide 83: ii) Do not expect a return for your good behaviour, not even thanks. Tell them: (76:9) "No reward do we desire from you, nor thanks". (because it has been prescribed by the Divine Law; and thus the question of thankfulness does not arise). 12. Co-operation (Mutual Assistance). "Co-operate with one another in good and virtuous matters consistent with the Divine Laws and do not co-operate in evil and bad matters."(5:2) 13. Mutual Contacts. "Do not behave bitterly when you meet each other". (31:18) 14. Promise (Commitments). Always fulfill your promise (and commitments); (17:34) "Fulfil your commitments; remember! You will be questioned about them." 15. Visiting other people's homes. Do not go to other people's home without permission. The Holy Quraan has given detailed instructions in this respect: (24:27-29) "O you who believe! Enter not houses other than your own until you have sought permission and when you go in, extend your salutations to the inmates, wishing their safety and security. Observing these social etiquettes is best for you so that your society always manifests the finest. If you find no one in the house, enter not. In any case never enter until you have sought permission; if you are asked to go back, go back without feeling any displeasure. Keeping up such manners will keep improving your associations. Allah knows all that you do. There is, however, no restraint on you to enter houses not used for living, those which serve some (other) use for you (and if these are common godowns, enter not with bad intention). Always keep in mind that Allah has knowledge of what you reveal and what you conceal." 16. Etiquettes of assembly. a) Observe assembly etiquettes while sitting in and leaving. (58:11) "O you who believe! These hypocrites when they come to your assemblies, sit close to each other for the sake of whispering together. Thus if you are asked to make room in the assemblies (spread out), do make room, (so that the hypocrites shall also have to spread out and you will not have to suspect that they are conspiring against you. This ought to be a routine in the assemblies). Thus Allah shall make way for broadmindedness amongst you. And when you are told to rise up, do so. (These are small matters but their effects are far-reaching; and if you obey these injunctions), Allah will raise those of you to suitable ranks (and degrees) who believe in such things wholeheartedly and are acquainted with the wisdom and purpose hidden in it. Remember! Allah's Law of Requital is well-acquainted with what you do." b) When you are invited for a meal, do not go there before time and do not indulge in unnecessary talk, such things may cause inconvenience to the host: (33:53) "O you who believe! Do not go to the house of the Nabie, until he invites you to a meal (and then) not (so early) as to wait for its preparation; and when you have taken your meal, disperse without seeking familiar talk. Such behaviour causes annoyance to the Nabie: he will feel shy in asking you to depart, but Allah is not hesitant to tell you the right course." Just imagine! The society in which the Quraan was revealed to the Nabie, its level of civilisation was so low that they had to be taught etiquettes even in small matters of everyday occurrence. But after a few year's training by the Nabie they were in a position of bringing about improvement not only in the Roman and Persian civilisations but also taught ways of living to European nations. 17. Jealousy. Do not be jealous of others. This attitude has been condemned, when it was said: (4:54) "They feel jealous of what Allah has bestowed on others out of His bounties." 18. Backbiting (Slandering). (49:12) "Do not slander each other". 19. Nicknaming others. Do not call others by nicknames, nor stigmatise them. (49:11) Islaamic_Sharia_Law.pdf Page 83 of 571
Slide 84: "Do not defame each other; nor be sarcastic to each other; nor call each other by (offensive) nicknames. When after having professed Eemaan (belief) in Allah, you are determined to become the bearers of graceful manners, then why nickname each other" 20. Envy. (4:54) "Do not envy mankind for what Allah has given them of His bounty." 21. Jesting. Do not laugh at others: (49:11) "O you who believe! Let not one party among you laugh at others, may be they are better than those of your lot; nor let some women laugh at others, it may be that the latter are better than the former. Neither men nor women should do it." 22. Public exposure of others. Unless you have been subjected to an excess, do not publicly expose others. (4:148) "Allah loveth not that evil should be made public, except when injustice has been done to somebody." 23. Mistrust. Avoid suspicion and mistrust. (49:12) "O you who believe! Avoid suspicion as far as possible; because some suspicion becomes sin." When differences arise between you, some evil-mongers taking advantage of it, begin to create suspicion among you. Be careful about it. Always have a favourable opinion about others and avoid suspicion; some suspicions reach the degree of crime and sin. 24. Ridiculing of Divine System. Deen (the Divine System) is a very important as well as sensitive matter. Those who do not take it seriously forsake their company: (4:140) "Friendly relations with the non-believers aside, Allah has ordained in the Book that when you hear the signs of Allah (verses of the Quraan) held in defiance and ridicule you are not to sit in their company, unless they stop doing this and turn to a different subject. If you join them in such a congregation you would become the like of them, although there is nothing common between them and you." Forsake the company of such people. (6:70) "Leave such people alone who, not to speak of the Divine System, do not give any importance to the Divine code of their own life which they have adopted and consider it as mere play and amusement." 25. Crooked reasoning. Do not indulge in absurd reasoning. Present your case with clear arguments, reasons, wisdom and exhortation. (16:125) "Invite people to the way of your Sustainer with wisdom and exhortation; talk to them in an elegant manner, keeping before yourselves the aims and objects of the Divine Laws and of the moral values." 26. Anger (Rage). Do not get into fits of extreme anger (3:133) "to control oneself when enraged" has been described by the Holy Quraan as a virtue of the believers. 27. Forgiveness. If anybody acts wrongfully in ignorance but regrets afterwards, if you think that if forgiven he shall mend himself, forgive him. Allah in most forgiving and merciful. (6:54) 28. Self-Correction (Mending one's ways). a) You should try correcting others, but give preference to your own correction. The Jews were admonished:(2:44) "Do you enjoin right conduct on others and forget to practise it yourselves" b) Your own correction includes correction of your own families as well. (66:6) "O you who believe! Save yourselves and your families from the fire (of hell)". 29. Do not bully people with your virtues. Do not try to impress and bully people on account of self-proclaimed virtues. Islaamic_Sharia_Law.pdf Page 84 of 571
Slide 85: Do not ascribe purity to yourselves. (53:32) "Do not keep calling yourself virtuous. He only knows best who it is who guards against evil." Incompatibility of words and thought (something in the mind and another thing on the tongue), is the worst habit. The state of hypocrites is described as follows: (3:167) "They say with their mouths what is not in their hearts." Islaamic_Sharia_Law.pdf Page 85 of 571
Slide 86: Rumors 1. Don't spread rumors. Whenever you hear something which concerns your collective life, communicate it to the appropriate authorities so as to make them reach a correct conclusion after proper investigation:(4:83) "When there comes to them some matter touching (public) safety or fear, they divulge it, although their attachment and obedience to the (Divine) System requires that they had only referred it to the Rasool (central authority) or those charged with authority amongst them (officers of the lower ranks); in case they refer it to them, the specialists could verify and ascertain the truth." At yet another place it is said:(49:6) "O you who believe! If a mischief-maker comes to you with any news, ascertain the truth, lest you should harm people unknowingly, and afterwards have to feel ashamed for what you have done." 2. When you hear a rumour against somebody, your first reaction ought to be that it is a calumny. In Surah "An-Noor" (24th Chapter of the Quraan) an event has been mentioned concerning a noble, chaste lady, about whom somebody started a rumour which got spread in the society. (24:12) "When you heard it, why did you not react with a favourable view and declare it as a clear calumny Why did not believers __ men and women __ when they heard of the affair, thought good of your own fold and said: It is a manifest calumny." It was further said: (24:15-16) "When you received it on your tongues and spoke with your mouths that of which you had no knowledge, and you deemed it a trifle, while with Allah it was serious. And why did you not, when you heard it, say: It beseems us not to talk of it. Glory be to Thee! This is a great calumny" Islaamic_Sharia_Law.pdf Page 86 of 571
Slide 87: Miscellaneous A. Persecution. Unlawful persecution is a crime: (33:58) "Those who molest believing men and women undeservedly, bear (on themselves) a calumny and a glaring sin." At yet another place it is said: (85:10) "Those who persecute (or draw into temptation) the believing men and women and retract not from their practice, will have a burning chastisement (of hell), the chastisement that will burn everything they possess to ashes." It is apparent that persecution includes both physical as well as mental molestation. The mental vexation is even more worse than the physical torture. B. Tyranny and excess. A comprehensive list of all that can by called tyranny or oppression cannot be prepared. (As a matter of principle, it may be said that, anything against the Divine Law comes under oppression. In fact, this word means "To put a thing at a place where it does not belong". This makes the purport of this word much wider). It is the duty of an Islamic State to provide protection for the oppressed and take upon itself the responsibility of the redress of their grievances. It is said in Surah "Bani-Israel" (17th Chapter of the Quraan). (17:33) "If anyone is slain wrongfully, the murderer should not think that there is nobody to stand by the heirs of the one murdered and therefore he shall not be called to account for the crime. To provide protection for the heirs, We have made the Islamic Rule authoritative and prevailing". This Rule itself shall provide protection to the heirs of the slain person. Although this verse is related to 'murder', it shall be applicable to all sort of oppressions. If the government itself is the oppressor, the redress of grievances should be arranged through the judiciary. Justice ought to be provided cost for free because providing redress of grievances is a duty of the State and as such the State cannot ask for remuneration from the oppressed in providing him the redress of his grievances. C. Conspiracy and secret counseling. Secret counsels for unlawful matters and conspiracies are a crime: (58:9) "O you who believe! When you hold counsels, do it not for criminal activities against the Divine Order, but always do it to achieve ends in conformity to the Divine Law. In short, in whatever you do, your aim should be obedience of the Divine Law; because the Divine System should always remain the focus of all your activities." D. The mutual (Reciprocal) relations of individuals in the society. Believers are a single brotherhood: (49:10) "The believers are but a single brotherhood, so reconcile between your two contending brothers. While doing so, do not forget that both of them are your brethren and your decision should be according to the Divine Laws, without any favour or bias. This shall enable your society to become worthy of Allah's favours." If at anytime, conflict between any two factions of the Mu'mineen reaches a stage of actual fighting, even then make peace amongst them, and if one commits excesses, call him to account. (49:9) "If (unfortunately, at any time) two parties among the believers start fighting each other, intervene to bring them to make peace, but if one of them transgresses bounds against the other, then you should all fight against the one who transgresses, until it reverts to abiding by the decision made in accordance with the Divine Law. So if he complies, then make peace between them with justice and be fair, for Allah loveth those who are fair (and just)." Islaamic_Sharia_Law.pdf Page 87 of 571
Slide 88: Pertaining to Economy 1. The basic duty of an Islamic State, as ordained in the Holy Quraan is provision of 'ZAKAAT'. Thus it is said: (22:41) "Those Mu'mineen are the people who if We grant them rule in the land, establish the way of life consistent with the Divine Laws and provide 'Zakaat'", means to provide 'Zakaat'. Thus the providing of Zakaat is the duty of an Islamic State. 'Zakaat' means the providing of the means of nourishment. As such it becomes incumbent upon the Islamic State to provide means of nourishment to the individuals, which includes both nourishment of the body as well as of the human potentialities. Thus it becomes the duty of an Islamic State to make such arrangements that the fulfillment of the basic necessities of life of each individual shall keep going, and also that their potentialities may develop. This is called 'Rabubiyyat' (providing of sustenance). The 'Rabubiyyat' of the entire universe is an attribute of Allah. The words (1:2) make the beginning of the Quraanic text. But the practical application of this attribute of Allah, in the human world, takes its practical manifestation through the agency of an Islamic State. Thus all the responsibilities, in this respect, which Allah has taken upon Himself, are fulfilled by the Islamic State. 2. Based on this principle, it becomes the responsibility of an Islamic State that no living object (human beings; may also include animals, [Lughat-ul-Quraan Root: Ray-Bay-Bay] in its domain, remains devoid of nourishment. (11:6) is Allah's commandment, which means that there is no moving creature* on earth, but its sustenance is the responsibility of Allah. In this respect the State becomes responsible to its individuals and their progeny for the fulfillment of their daily necessities of life; and tells them: (17:31) "We are responsible for your sustenance and that of your offsprings." 3. The Islamic social order takes shape by means of a contract between the State and the individuals living in its domain. In this contract, the life and property of the believers are placed at the disposal of the state and in lieu of it, becomes the responsibility of the state to provide a life of peace and plenty (life of Jannat) to the individuals: (9:111) "The Mu'mineen (those who profess Eemaan-belief in Allah) and the Divine Order enter into a treaty; the Mu'mineen place their persons and their wealth at the disposal of the Divine Order (sell them) and the Divine Order guarantees a life of peace and plenty (life of Paradise) for them in return." In this life of Paradise are included all the basic necessities of life, food, clothing, shelter etc. The Quraan has introduced to us the paradisiacal life as follows: (20:118-119) "There is therein (enough provision) for you not to go hungry, nor to go naked, nor to suffer from thirst from the sun's heat". (Everything mentioned above is available without any undue labour). 4. In this society every individual retains for himself the proceeds of his labour according to his needs and gives over the rest of it for fulfilling the needs of others: (2:219) "(O Rasool!) They ask you as to how much (of their earnings) should they keep open for fulfilling the needs of the others; tell them whatever is over and above their (genuine) needs (16:71)". This system shall be established through the agency of the State; because the Rasoole has been ordained: (7:199) "Get the surplus from them". (This is the natural result of the above said treaty covenant _ therefore the question of taking by force does not arise). Those who earn less than their needs, or those who are not capable of putting in labour, do not take it by way of charity but they claim it as a matter of their right, from the collected surplus: (51:19) "In their wealth and possessions is the recognised right of the needy and the disabled." Islaamic_Sharia_Law.pdf Page 88 of 571
Slide 89: 5. According to the Economic System of the Quraan, wealth cannot be accumulated. A severe warning has been given against accumulating wealth: (9:34-35) "O Rasool! These priests and monks, and their followers who (in the guise of their self-made 'Shariat') consider the system of capitalism as the will of Allah, and thus hoard heaps of gold and silver and do not make them available to the usage of humanity, announce unto them a grievous penalty. During the period of Divine System, these will be heated in the fire of Jahannam (hell), heat will be produced out of that wealth and with it their foreheads will be branded, their flanks and their backs: and this fire shall mount to their hearts (104:6-7): They shall be told, this is the treasure you had hoarded for yourself, so now taste (the treasure) you had buried. Wealthy cannot be allowed to circulate wealth amongst themselves alone: (59:7) 6. To meet emergent needs, it is necessary for the people that whatever they have retained for their own requirements, they shall also donate something out of it. This is known as 'Sadaqaat'. This will also not be an individual affair; it shall be carried out under the System of the State. Thus the Rasoole was ordained: (9:103) "Take their donations (out of their earnings) and in association with other members, make arrangements for their education which would purify them (by removing all doubts from their minds) and nourish them. As they grow in their qualities, you should applaud them because your applause will certainly bring them peace of mind. Allah is All-Hearing and All-Knowing." In some cases the avenues of usage of such emergency needs have been prescribed by the Quraan itself, when it is said: (9:60) "About 'Sadaqaat' i.e. wealth which the state spends for public welfare, it ought to be understood that its distribution shall not mean personal benefit or satisfaction of the individual emotions, but it is the right of those: a) Who depend on others for their nourishment i.e. those who, for some reason, are not able to earn themselves b) Whose business somehow or other comes to a standstill. c) For the remuneration of those who are entrusted with the duty of collecting 'Sadaqaat' (the source of state revenue). d) Whose consolation of hearts' is required. It means that those people who are prepared to join the Divine System but some impediments do not allow them to take this course; they should be helped in the removal of these impediments. e) To get freedom for those fastened to the chains of other's captivity (subjugation). f) To help those who are under the enemy's debt or penalty, and cannot manage to pay it off on their own. g) Also the wayfarers who are in need of money. h) In addition to the above, anything conducive and helpful to the general welfare of humanity by the Divine System. Described above are the codes laid down by Allah based on knowledge and wisdom. In this verse the item of 'in the Divine Cause' is very comprehensive. It includes all other avenues of usage, which the Islamic State deems necessary. Note: Amongst us the above items are known as items of Zakaat expenditure. This is not correct. The Quraan has clearly described them as item of 'Sadaqaat' and not of 'Zakaat'. Even the prevalent concept of 'Zakaat' itself is different from the Quraanic concept. 7. Earth (Land) is the basic source of production. Because an Islamic State has the momentous responsibility of provision of 'Zakaat' to fulfil, therefore this basic source of production (the land) cannot remain in the ownership of individuals. Land remains under the charge of the State, so that the needs of Islaamic_Sharia_Law.pdf Page 89 of 571
Slide 90: the individuals may get equally fulfilled. In Surah Haa-Meem Sajdah (41st Chapter of the Quraan) it is said: (41:10) "He set on the earth mountains standing firm, standing high above its surface, (which serve as means of water supply) and gave it the capability to produce different items and with the change of four seasons standardised** its produce correctly, for feeding its inhabitants. (39:67) and (56:73-74). Note: It has been clarified at several places in the Quraan, that the earth has been created to fulfil the requirements of humanity. As an all-encompassing explanation of this topic is not intended in this book, therefore it is not considered quoting all the relevant references, however, see verses (55:10); (56:6373). 8. In the Economic System of Islam (except those who are disabled) only that person has the right to receive who puts in labour: (53:39) "That a man can have nothing, but what he strives for", is its basic principle. As described earlier under the heading 'usury', any profit on the capital is totally unlawful and amounts to declaration of war against Allah and the Divine System of His Rasool. As a matter of fact, the question of profit on capital does not arise when nothing surplus to the needs is left with anybody." 9. As said earlier in item (4) above, in the Islamic Order surplus wealth is not left with any person. Thus the question of raising personal property does not arise, which includes land, wealth, industry, trade, etc. Everything remains in the custody of the State, so that the needs of every individual get fulfilled and their standard of living goes on rising, and then eventually this system, surpassing its boundaries, extends to embrace humanity at large. 10. It shall be the duty of an Islamic State to establish such an economic system in the light of this basic guidance of the Holy Quraan which can satisfy all the requisites of 'Rabubiyyat', so that nourishment is neither held back from anybody, nor his dignity is injured. This system shall gradually come into force. The Quraanic injunctions relating to charity, inheritance, etc. are of transitory nature for the period in which this system is still taking shape and is not yet finalised. This also ought to be kept in mind that this system shall be established by those who consider it a part of their belief and yearning of their hearts. This is the motive force for its establishment and stability. In the absence of such a driving force, a system of this kind can neither get established, no can it survive. * It happens doubtful to assume that an Islamic State can take up the responsibility of providing nourishment to moving creatures, such as dogs and reptiles in its domain. (Abdul Wadud). ** To interpret the word as (Arba' Ayyaam) change of four seasons is not comprehensive. Following is the full explanation. The terms (Arba' Ayyaam) and (Umeen) are specific Quraanic terms. They represent the Six Eras of Evolution in the creation of heavens and the Earth. (2 ERAS [Umain in Arabi translation] "So He completed them as several heavens in 2 Eras (41:12)" Thus (Umain) 2 ERAS -- includes the evolutionary period involved in the Creation of the heavens and the earth. On earth the period without life lasted for 3000 million years and science calls it the Azoic Period. [4 ERAS (Arba-e-Ayyaam)] "He made on the earth mountains standing high above it and bestowed blessings on it and measured therein all things to give them nourishment in due proportion in four Eras" (41:10) In these four Eras, life began on earth and gradually got evolved and this has lasted for 2000 millions years: (a) Precambrian Eras 1500 million years (b) Paleozoic Era or Ancient life -- 300 million years Islaamic_Sharia_Law.pdf Page 90 of 571
Slide 91: (c) Nezozoic Era or Middle life -- 130 millions years (d) Cainozoic or Modern life -- started 75 million years ago. Islaamic_Sharia_Law.pdf Page 91 of 571
Slide 92: Basic Human Rights These are the rights which every human being, on account of his belonging to the human race, is entitled to without any discrimination of sex, colour, race, religion, abode (land) and nationality. An Islamic State guarantees these rights to every individual living in its territory. And if the state fails to provide such a surety, the individuals can acquire those rights through the court of law. The prominent rights are as follows: 1. Every human child is equally worthy of respect, thus on account of one's genesis there can be no discrimination; there is no difference between one man and the other: (17:70) "We have honoured the humanity as a whole" has been ordained by Allah. 2. In the Islamic Social Order, criterion of determining status of its people shall be their personal deeds and merit: (46:19) "And to all are (assigned) degrees according to their deeds." 3. No human being can be subservient to another. Nobody can have the right to rule other people (3:79) "No human has the right, even though Allah may have given him a 'code of laws' or the power to enforce it or even Nabuwwah that he should say unto mankind: 'Be subservient to me instead of Allah'. (Subservience can only be to the Divine Injunctions. Its details have already been given under the heading 'State Affairs'). It is apparent that when nobody can be subservient to another, how can he be a slave to others. The Quraan closed the door of slavery for good. 4. None shall seize the labour of another person by force, every worker shall get the full recompense of his labour; (39:70) "To every person shall be paid in full (the fruits) of his deeds". Recompense does not mean wages. The concept of wages is a product of the capitalist system; the Quraan has cut at its very roots. Compensation means the fulfillment of needs. Anything surplus to ones needs, shall be willingly handed over to others (with complete promptness of his heart). Take for example a peasant who puts in labour for one full year and produces one hundred maunds of wheat; that wheat certainly belongs to him, none can seize it forcibly; but on the basis of his Eemaan (conviction) he shall give to others all that is surplus to his needs. This shall happen in the social order of the Mu'mineen (the believers). (See details under the heading 'Economics') 5. Everyone shall be treated justly: (16:90) "Indeed Allah commands justice and benevolence." (Details of what is meant by justice have been given under the heading 'Justice') So much so that justice shall be meted out even to the enemy: (5:8) "Let not the enmity of others to you, make you deviate from the path of Justice". Always do justice (with friends as well as foes). This shall bring you nearer to that mode of life, which Allah desires, for you. 6. Not only justice, if someone lags behind in spite of his best efforts, his deficiency has to be made good by others to restore the disturbed balance in society. That is called 'Ihsaan'. That is why it is said: (70:24-25) "Those who are indigents or are incapacitated, have a recognised right in the wealth of society". 7. The right of sustenance: To provide means of sustenance to every individual is the responsibility of the system raised on Divine Injunctions: (6:151). Such system shall proclaim: Islaamic_Sharia_Law.pdf Page 92 of 571
Slide 93: "We are responsible for your needs as well as the needs of your offsprings." 8. Security and safety of life. (Details already described in the chapter on protection of life). (See 6:151) 9. Protection of Wealth. Everything that a person has gained and has been lawfully acknowledged as his property, shall be protected. (Details already given in the chapter on Protection of Property). See (4:29). 10. Protection of dwellings. To expel people from their places of residence has been declared a crime (2:85). 11. Protection of chastity. Details have been given in the chapter on 'Zina' (Adultery). 12. Protection of aesthetics. It means the right to satisfy one's taste for the beauties of this life remaining within the limits of the law. The Holy Quraan lays down in a challenging manner: (7:32) "Say to them, O Rasool: who dares forbidding the adornments and elegance of life (beautiful gifts of Allah) which He has produced for His obedient people (the humans) and the agreeable and wholesome things (which He has provided) for their sustenance" (See also 7:26 and 18:31) The Holy Quraan has presented 'life of Paradise' as the ideal life. This also includes the beautiful gifts of life. The details are as under: (76:12-16) "This life of Paradise is the result of their perseverance and constancy. Therein they lead a life of tranquillity and authority; in Gardens 'ever succulent'; atmosphere of ardour and emancipation. They shall be reclining therein on raised thrones (of authority and discretion). They will find therein neither the sun's (excessive heat), nor excessive cold of the winter _ an everlasting spring _ thick shady trees stooping over them with fruit-laden branches; no means of sustenance or comfort shall be beyond their reach _ they shall get them without soul-exhausting efforts; food will be served to them in utensils of silver and drinks in beakers (as) of glass i.e. bright as glass but made of silver. Those utensils would have been made according to the most proportionate measures." Let it be clearly understood that in an Islamic Order, the above mentioned things shall be available to all, and not to any one particular rank or class. In the life of paradise there shall be no separate ranks of the rich and the poor. 13. Right of the freedom of religion. There is the freedom to adopt or forsake whatever religion one likes (2:256) "There is no compulsion in following the way of life based on the Quraanic fundamentals". (Details already given, under the heading 'STATE AFFAIRS' __ sub-heading 'Position of non-Muslims in an Islamic State' and the protection of their places of worship.) In Surah Hajj (22nd Chapter of the Quraan) it is said: (22:40) "Had Allah not restrained one set of people through another, (and given a free hand to the transgressors to do what they willed), there would surely have been pulled down monasteries, churches, synagogues and mosques in which the name of Allah is remembered much." Be it clear that according to the Holy Quraan there is no punishment for 'Murtad' (i.e. one who abandons Islam for any other religion -- an apostate). When freedom of religion is the basic principle, then why should there be a punishment for change of religion. 14. Right of redress of grievances to the oppressed. (4:148) Islaamic_Sharia_Law.pdf Page 93 of 571
Slide 94: "Allah loves not, public exposure of the evil, except by a person who has been wronged." 15. The right of a person not to bear the burden of another. (6:164) "Every soul draws the meed of his own acts on none but himself: NO bearer of burden can bear the burden of another." This is the basic principle. In addition to it there are certain rights which do not come under 'Laws'. These were described under different headings. These rights mean that any law which deprives people of these rights shall be repugnant to the Quraan; also that if any society does not fulfil these rights, it can be sued in the court of law. (Details in my collection of articles in the book titled [Nau] 'Bahare-e-Nau'). Islaamic_Sharia_Law.pdf Page 94 of 571
Slide 95: The Relationship Between Crime and Punishment The details of the Quraanic Code of Laws have all been stated but often it is being asked, "What is the relationship between crime and punishment and what is the Quraanic philosophy of punishment" In reply to this question I had published a short treatise in the monthly 'Tolu-e-Islam'. I deem it proper to include in this book the relevant parts of that article, so that this topic may become complete from this angle of vision as well. Crime and Punishment. 1. In the Holy Quraan one finds two kinds of injunctions; (i) Moral, and (ii) Punitive. Punitive means those laws, the violation of which becomes a social crime and Moral means those laws which cannot be categorised as a social crime. For example (17:37) "do not walk arrogantly on the earth." The Quraan ordains that he non-observance of this injunction is not a social crime. On the other hand there is injunction in which it is said: (17:32) "Do not go near adultery or fornication". It is apparent that the non-observance of this injunction is a social crime. However, the above said division is arbitrary only to understand the question under view, otherwise the basis of every Quraanic Injunctions aims at correction and importance of the morals and 'morals' encompasses all the means of nurture of human personality. 2. The Punitive injunctions are also of two kinds: (i) those in which the punishment has also been prescribed by the Quraan, and (ii) those, the punishment of which is left to the Islamic Government to determine as per exigencies of particular circumstances. For example, in the case of intoxicants (wine), its prohibition is ordained, but the punishment has not been prescribed for its non-observance. It is an issue which warrants deep pondering that out of those injunctions for which the punishment has not been prescribed by the Quraan, which ones can be included in the list of Punitive laws. It is apparent that no single person can answer this question nor it is the right of any single person to declare a person liable to punishment on the basis of the non-observance of a Quraanic Injunction; its decision rests with the Islamic State. This also must be kept in mind that such decisions made by the Islamic State shall be liable to change as and when needed, based on the exigencies of the changing circumstances. This is not applicable to injunctions alone; even those issues described by the Quraan as principles or in the matter of limitation [Hudood] laid down, by the Quraan; it is only the Islamic State that can declare unlawful their violation in various forms. I have not used the word 'limitations' in the sense of punishment, rather, I mean by it the sphere of freedom to act, the trespassing of which is disallowed. The limits and the principles are the two facets of one reality. 3. It is the duty of an 'Islamic Order' to create such an atmosphere within the society, in which an individual considers each of his basic rights and each of his means of living perfectly safe in such a manner that he may not have the least anxiety or fear about it. Creation of such an atmosphere is the necessary result of the Quraanic Social Order. The Quraan says that in this order the state of the individuals shall be such that: (2:38) "On them there shall be no external fear nor shall they have any internal grief." Such an atmosphere comes into existence by educating the people and freeing them from the worries of meeting the basic necessities of life, according to the Permanent Values of the Quraan. But in spite of all this, there can exist such people in society as are psychologically unsound and their insanity can take away the sense of comfort and satisfaction from the society. Such a sick person has to be treated and unless he does not recover completely from this condition, it is necessary to protect the society from the dangers created by his insanity. A majority of them can be treated by improvement in Islaamic_Sharia_Law.pdf Page 95 of 571
Slide 96: their psychological correction, but in some cases fear of punishment has to be resorted to as a final measure. There are many psychological patients who can be treated by putting in them the sense of fear. This type of treatment is called 'punishment'. Its objective on the one hand, is the correction of the criminal, and on the other, the rectification of those in whose subconscious mind the germs of crime are festering. The concept of punishment for revenge is un-Quraanic. The above described is one objective of punishment. The other objective is the compensation for the loss suffered by the person inflicted on by the criminal. For example, a person has committed theft in somebody's house, and the court has punished him with ten years imprisonment; this shall not compensate the loss suffered by the victim. Justice demands that the loss be returned to the owner. If recovery could not take place, let the Social System itself compensate the loss in kind or by paying its cost. According to the Quraanic concept of "Crime and Punishment", the plaintiff is not in fact the complainant against the criminal, he is rather a complainant against the government or Social System. It is the Social Order that had contracted to protect his property and if somebody has laid his hands on his property, it shall mean nonfulfillment of the contract on the part of the Social System; and as such the offender is the Social System and not that particular person who had committed theft. It is up to the Social System to decide whether it compensates the loss by itself or gets it done by the offender; it is not the concern of the plaintiff. It is the duty of the Social System to stand by the victim or his heirs and to become the protector of the plaintiff and his heirs: (17:33) If the Social Order does not compensate the loss of the offender, how can it become his protector and how can it claim to be his helper It is true that every loss cannot be compensated by the payment of money, yet the Social Order has got to provide compensation in any possible way, (except when the loss is the result of one's own negligence or carelessness). In addition to providing compensation, it shall be the duty of the Social System to make arrangements that such things do not happen again. 4. It has been stated above that the object of penal punishments is the treatment of the psychologically sick people. But the foremost condition for the success of the psychological treatment is that the patient develops a realisation that he has done a wrong. The Quraan explains that if he does develop a feeling of reproach, you can expect that he shall mend his ways. In such an event the Quraan forgives him instead of inflicting punishment, and the authorities shall keep a watch that he corrects himself and shall help him in his self-rectification. This is the reason that the Quraan has made provision for forgiveness (and thus correction) before the punishment. It proposes punishment only when no possibility of correction is left in the criminal except through punishment. 5. The Holy Quraan proposes corporal punishments. It does not send the thief to prison, in which case the offender himself goes on getting his food and clothings but his wife and children die of hunger i.e. members of his household suffer instead of him. As a matter of fact, the fear, which can cause the habitual offenders to mend their ways, or which can keep the potential offenders away from committing crime, can only be aroused by corporal punishments. 6. Now look at the principle which, according to the Quraan, are basic in this respect: a) QISAAS _ It does not mean to inflict punishment on the offender, rather it means to pursue the criminal in such a way that he does not remain unpunished. It means that in the Quraanic System, no crime shall remain untracked. The Quraan calls a flawless and firm system of investigation, a means of providing security and safety of the social living. (2:179) b) JUSTICE _ It means that while deciding a case, the status of the criminal should not affect the demand of justice in any way; (2:178) "Free for the free and slave for the slave" shall remain its principle. c) The punishment for a crime should be proportionate to the nature of the crime, not more. (42:40) and that too, in case where there is no chance of the offender's correction. d) Until a crime has been established, the accused should be taken as innocent and the society ought to have a favourable opinion about him. An incident in Surah 'An-Noor' (24th Chapter of the Quraan) sums it up as follows "Some people in Madina brought an allegation against a chaste woman which the people spread it further. On this, the Quraan instructed that after hearing this scandal your first reaction ought to have been that (24:12-16) it is a fabrication, an open and grievous calumny". It provides a permanent guidance, not to have an adverse opinion about the accused. Islaamic_Sharia_Law.pdf Page 96 of 571
Slide 97: e) If a crime has been committed prior to promulgation of a law declaring it as such, it should not be considered a crime. It other words the application of a law cannot be made retrospectively; this shall be applicable only after its enforcement. Regarding many such injunctions the Quraan has said: (4:22) "Except what has foregone". i.e., what happened before the enforcement of law, shall not be accountable. f) An act not committed willfully shall not be considered cognisable. It is said in Surah 'Ahzaab' (33rd Chapter of the Quraan): (33:5) "There is no blame on you if you make a mistake therein: (what counts) is the intention of your hearts." But carelessness (inattention) is also a crime in itself and punishable, that is why the Quraan has also prescribed punishment in case of murder by mistake; although it is not as severe as for premeditated murder; rather it is by way of atonement. g) Some small mistakes on the part of people who always avoid big crimes are pardonable. In Surah An-Najm, (53rd Chapter of the Quraan) it is said: (53:32) For those who avoid major sins and shameful deeds, falling into small errors, is pardonable. h) While prescribing punishment, the offender's intellectual level, education and upbringing, and social environments must be kept in mind. It is on this account that the Quraan had ordained punishment for fornication with women (of that period) half that of the free believing women (4:25), because in view of the circumstances under which they were brought up, high morals could not be expected from them. On the contrary the wives of the Rasoole were told that if any one of them commits a crime, their punishment should be twice that of an ordinary believing woman. (33:30) i) The kind of Social Order that the, Quraan establishes, and the way in which its individuals are brought up, it expects of them to come forward voluntarily and accept their slips if ever they occur, and to tell the truth, even if it goes against themselves (4:135). In this verse, the Holy Quraan has presented such a lofty principle regarding evidence, in the presence of which there remains no difficulty in the administration of justice. (See chapter on 'Testimony'). 7. The Holy Quraan aims at correction of the criminal: therefore it adopts all possible means to stir up in his mind the sense of contempt for crime; and in this connection presents an extraordinary (and strange) principle. It says: (4:111) "And if anyone commits an excess or an oppression, he does so against his own self". That is, if anyone commits crime or excess against anybody, he thinks in his own mind that he has harmed somebody else, but in reality he commits the crime against his own person and thus harms his own self. Here it is said that it is the criminal's own personality that is affected and that it cannot be made good by an external punishment. It also means that if the criminal, somehow or the other, escapes punishment, even then he cannot escape the harm which he has inflicted on his own personality; because Allah's Law of Requital is such that: (40:19) "He knows the dishonesty of the eyes and that which the bosoms hide." Such are the teachings which make a criminal feel guilty and by so doing provide him means for selfrectification. Yet another question arises here and it is, that after a criminal gets punishment by a court of law, does he escape accountability in the life Hereafter For this we ought to comprehend what is meant by accountability in the Hereafter The effect of every human action (even an idea) is engraved on his 'Self'; and his life Hereafter takes shape on the basis of these accumulated effects. One effect of crime falls on the society and the other on his own 'self'. Punishment by the court of law can annul the crime against the society, but it cannot obliterate the effect of the crime on his own personality. He himself shall have to make it good. For it, the first step is the feeling of guilt which results into Tauba _ or his determination to keep away from the crime. The second step is that of correction; which means to perform such constructive deeds which can compensate the loss which resulted from the crime he had committed: (11:114) Islaamic_Sharia_Law.pdf Page 97 of 571
Slide 98: "Those deeds that are good, remove the effects of those that are evil." The is the basic principle of the Quraanic Law of Requital. As a matter of fact, one who firmly believes in Allah's Law of Requital seldom commits a crime. Islaamic_Sharia_Law.pdf Page 98 of 571
Slide 99: 2> Fiqh-us-Sunnah http://www.usc.edu/dept/MSA/law/fiqhussunnah First Priority Allah and Quraan (FARD) Second Priority Rasool Allah and His Sunnah/Authentic-Hadeeth Third Priority Ijtihaad (progressive reasoning by analogy), Ijmaa (consensus), Qiyaas (analogy) And whatever the Messenger (Rasool Allah {saw})gives you, take it, and whatever he forbids you, leave it. And fear Allah: truly Allah is severe in punishment. [Al_Quraan_059:007] Rasool Allah (SAW) already warned about coming of Hadeeths after him and set the CRITERIA on how to verify them, which allows us to live in the MIDDLE without extremism. Ali (RA) narrated, Prophet Muhammad (SAW) said, there is NO DOUBT that, there will be Hadeeths coming after me, claiming that I have said those. So you MUST test each and every Hadeeth from the QURAAN. If it is really according to the QURAAN only then accept it otherwise reject it. (Sanan Dar Qatni, Vol-2, Book – Imrani Abee Musa, Matba Farooqi – 513) Volume 1: Purification and Prayer • Purification • Ablution (Wudu') • Ghusl, the complete ablution • Tayammum, the dry ablution • Menstruation • Prayer • Azhan, call to prayer • Prerequisites of the Prayer • Obligatory acts of prayer • Sunnah acts of prayer Volume 2: Supererogatory Prayer • Supererogatory Prayers • Nonstressed Sunnah Prayers (As-Sunan Ghair Al-Mu'akkadah) • The Witr Prayer • The Late Night Prayer, tahajjud (qiyam al-Layil) • The Special Prayers during the Month of Ramadan (Tarawih) • The Duha prayer • Salatul Istikharah • Salatul Tasbih • Salatul Hajah, the prayer for need • Salatul Taubah, the prayer of penitence • Salatul Kasuf, prayer of the solar and lunar eclipse • Salatul Istisqa, prayer for rain • The Prostration During the Qur'anic Recitation • The Prostration of Thankfulness (Sajdat ush-Shukr) • Prostrations of forgetfulness during the prayer • Congregational Prayer • The Mosques • Places where offering prayer is prohibited • The Sutrah or partition in front of one who is praying • What is allowed during the prayer • Actions which are disliked during the prayer • Actions which invalidate the Salah • Making (Qada') for missed salah • The prayer of a person who is ill (Salatul Marid) • The prayer during times of fear or danger (Salatul Khauf) • The prayer of a traveler • Combining two prayers Islaamic_Sharia_Law.pdf Page 99 of 571
Slide 100: • • Salatul Jumu'ah (the Friday Prayer) Id prayers (Salatul 'Idain) Volume 3: Zakaat and Fasting • Zakah in Islamic Jurisprudence • Monetary holdings subject to zakah • Zakah on plants and fruit • Zakah on Animals • Zakah on Buried Treasure and Precious Minerals • Zakah on Wealth Extracted from the Sea • The Recipients of Zakah • Zakat ul-Fitr • Zakat ut-Tatawwu or Voluntary Sadaqah • Fasting (As-siyam) • The Fast of Ramadan • The Forbidden Days to Fast • Voluntary Fasts • The Manners of Fasting • Acts That are Permissible During the Fast • Actions that Void the Fast • Making Up Missed Days of Ramadan • Night of Qadr • I'tikaf or Seclusion in the Mosque Volume 4: Funerals and Dhikr • Sickness, Expiation of Sins • Contemplation of death and preparation for it by good deeds • Al-Kafan (The Shroud) • Funeral Prayers (Salatul Janazah) • Burial • Azh-zhikr (remembrance of Allah) • Supplications Volume 5: Hajj and 'Umrah • Pilgrimage: a general definition, its excellence and prerequisites • The ability to perform hajj - what does it imply? • The hajj of the Prophet (peace be upon him) • Mawaquit: Fixed Times and Places For Ihram • Ihram • Talbiyah • What is permitted to a Muhrim • Restrictions of Ihram • Killing a game in the state of Ihram • Sacred precincts of Makkah and Madinah (Haram Makkah wa Madinah) • Tawaf or Circumambulation around Ka'bah • Sa'i between Safa and Marwah • Staying at Mina and Arafat • Umrah Islaamic_Sharia_Law.pdf Page 100 of 571
Slide 101: Fiqh-us-Sunnah, Volume 1: Purification The shari'ah has divided water into four kinds: -1- mutlaq water, -2- used water (for purification), -3- water mixed with pure elements and -4- water mixed with impure elements. We shall discuss each of them separately. Volume 1, Page 1a: Mutlaq water This kind of water is considered pure because of its inherent purity and as such, it can be used by an individual to purify him or herself. It consists of the following categories: Volume 1, Page 1b: Rain water, snow, and hail These substances are pure because Allah says so: "And sent down water from the sky upon you, that thereby He might purify you..." (al-Anfal 1), and "We send down purifying water from the sky" (al-Furqan 48). This is also supported by the following hadith: Abu Hurairah reported that the Messenger of Allah, upon whom be peace, used to be silent between the (opening) takbir of the prayer and the verbal Qur'anic recitation. Abu Hurairah asked him, "O Messenger of Allah, may my father and mother be sacrificed for you, why do you remain silent between the takbir and the recital? What do you say (silently during that time)?" He said, "I say, 'O Allah, make a distance between me and my sins similar to the distance you have made between the East and the West. O Allah, cleanse me of my sins in the manner that a white garment (is cleansed) from dirt. O Allah, wash my sins from me with snow, water, and hail."' This hadith is related by the "group", except for at-Tirmizhi. Volume 1, Page 2: Sea water Sea water's purity is based on the following hadith: Abu Hurairah related that a man asked the Messenger of Allah, upon whom be peace, "O Messenger of Allah, we sail on the ocean and we carry only a little water. If we use it for ablution, we will have to go thirsty. May we use sea water for ablution?" Said the Messenger of Allah, upon whom be peace, "Its (the sea) water is pure and its dead (animals) are lawful (i.e., they can be eaten without any prescribed slaughtering)." This hadith is related by "the five." At-Tirmizhi calls it hassan sahih, and al-Bukhari says it is sahih. Volume 1, Page 2a: Water from the well of Zamzam 'Ali narrated that the Messenger of Allah, upon whom be peace, called for a bucket that contained water from the well of Zamzam. He drank from the bucket, then made ablution (with its water). This hadith is related by Ahmad. Volume 1, Page 2b: Altered water This involves water whose form has been altered because of its being in a place for a long period of time, or because of the place in which it is located, or because of its being mixed with a substance that cannot be completely removed from it (i.e., water mixed with algae, tree leaves, and so on). The scholars agree that this type of water falls under the heading of mutlaq water. The rationale is simple: everything that falls under the general term of water, without any further qualifications, is considered pure, for the Qur'an says, "...and if you find not water, then go to clean, high ground..." (al-Ma'idah 6). Volume 1, Page 2c: Used water This category refers to water which drips from the person after he performs ablution or ghusl. It is considered pure because it was pure before its use for ablution, and there is no basis to think that it has lost its purity. This statement is supported by the hadith of Rab'i bint Mu'wazh which describes the ablution of the Messenger of Allah. She states, "He wiped his head with (the water) remaining on his hands from his ablution." This hadith is related by Ahmad and Abu Dawud. Abu Dawud's version is, "The Messenger of Allah, upon whom be peace, wiped his head with the extra water that was in his hand." Abu Hurairah also reported that the Messenger of Allah met him alone in the streets of Madinah while he was in post-sex impurity. He therefore slipped away, made ghusl and returned. The Messenger of Allah, upon whom be peace, asked him "Where have you been, Abu Hurairah?" He answered, "I was in post-sex impurity and did not want to sit with you while I was in that condition." The Prophet replied, "Glory be to Allah. The believer does not become impure." This is related by "the group." Islaamic_Sharia_Law.pdf Page 101 of 571
Slide 102: This is based on the rationale that since a believer never becomes impure, the water he uses for purification also does not become impure. Thus, a pure object touching a pure object cannot result in one's becoming impure. Ibn al-Munzhir said that it is related that 'Ali, Ibn 'Umar, Abu Umamah, 'Ata, al-Hassan, Makhul and anNakha'i said that if a person forgot to wipe his head while making ablution, it is sufficient for him to wipe his head with any water remaining in his beard. Ibn al-Munzhir stated that this proves that they took "used water" as pure. This opinion comes from one of the narrations attributed to Malik and ash-Shaf'i. Ibn Hazm ascribes it to Sufyan al-Thauri, Abu Thaur, and all scholars of the Zhahiri school of thought. Volume 1, Page 3: Water mixed with pure elements This category includes water that has been mixed with substances like soap, saffron, flowers, and so on, that is, objects considered pure by the shari'ah. Such water is considered pure as long as it has not been so mixed with other substances that one can no longer call it water. If this is the case, the water is still considered pure, but it cannot be used for purification. Umm 'Atiyah narrated that the Messenger of Allah, upon whom be peace, entered her house after the death of his daughter Zainab and said, "Wash her three or five or more times--if you see fit to do so--with water and dry tree leaves. For the final washing, use some kafoor or something from kafoor. When you are finished, inform me." She did so, after which he gave the women his outer garment and told them to wrap Zainab in it. This was related by "the group." The deceased should be washed with something that may purify a live person. Ahmad, an-Nasa'i and Ibn Khuzaimah record from Umm Hani that the Messenager of Allah and Maimunah washed themselves from one (water) container that had a trace of dough in it. In both of these hadith, we find that the water was mixed with another substance, but since the other substance was not substantial enough to alter its nature, it remained fit for consumption. Volume 1, Page 3a: Water mixed with impure elements We can divide this category into two sub-categories: -1- The impure substance alters the taste, color or odor of the water. In this case, it can not be used for purification. According to Ibn al-Munzhir and Ibn al-Mulaqqin, there is a consensus on this point. -2- The liquid is still considered water, meaning that the impure substance has not altered its taste, color or odor. Such water is considered pure and may be used for purification. This is based upon the following hadith: Abu Hurairah reported that a bedouin urinated in the mosque. The people stood to get him (and stop him). The Prophet said, "Leave him and pour a bucket of water or a container of water over his urine. You have been raised to be easy on the people, not to be hard on them." This hadith is narrated by "the group," except for Muslim. Abu Sa'eed al-Khudri asked the Prophet, "Can we make ablution from the well of Buda'ah (i.e., a well in Madinah)?" The Prophet, upon whom be peace, told him, "Water is pure and nothing makes it impure." This hadith is related by Ahmad, ash-Shaf'i, Abu Dawud, anNasa'i and at-Tirmizhi, who classified it as hassan. Ahmad said, "This hadith is sahih and Yahya ibn Ma'een and Muhammad ibn Hazm classified it as such." This is also the opinion of Ibn 'Abbas, Abu Hurairah, al-Hassan al-Basri, Ibn al-Musayyab, 'Ikrimah, Ibn Abu Laila, alThauri, Dawud azh-Zhahiri, an-Nakha'i, Malik and others. Says al-Ghazzali, "I wish ash-Shaf'i's opinion was like Malik's." There is also a hadith from 'Abdullah ibn 'Umar in which the Messenger of Allah is reported to have said, "If there are at least two buckets of water, it will not carry any impurity." This hadith is related by the "five." However, this hadith is muzhtarab in its chain of narrators and text. Ibn 'Abdul-Barr said in at-Tamheed, "As to the opinion of ash-Shaf'i which is based on this hadith, it is weak on scrutiny and is not confirmed by historical reports." Volume 1, Page 4: Leftover water "Leftover water" is what remains in a pot after some has been drunk. There are five different types of leftover water. Volume 1, Page 4a: Water leftover after people have drunk from the pot According to the shari'ah, such water is considered pure regardless of whether the one who drank from the pot was a Muslim, an unbeliever, a person in post-sex impurity or a menstruating woman. Although Allah says in the Qur'an, "Verily, the idol worshippers are impure" (at-Taubah) this is a reference not to their physical state, but to their false beliefs and creed. They may come into contact with dirt or impurities, but this does not mean that their possessions or bodies are impure. In fact, they used to mix with the Muslims. Their Islaamic_Sharia_Law.pdf Page 102 of 571
Slide 103: emmissaries and delegations used to visit the Messenger of Allah and enter his mosque. The Prophet, upon whom be peace, did not order that the objects they touched be cleansed. As for mensturating women, 'Aishah said, "I used to drink (from a container) while I was menstruating. I would then pass it to the Messenger of Allah and he would drink from the same spot where I had put my lips." (Related by Muslim.) Volume 1, Page 5: Water left in a container after an allowable animal has drunk from it Such water is considered pure. Since the animal qualifies for consumption, its saliva is also pure. Abu Bakr ibn al-Munzhir said, "The scholars are agreed that such water is permissible to drink or use for ablution." Volume 1, Page 5a: Water remaining in a pot after it has been drunk by a donkey, mule, beasts of birds of prey Such water is also considered pure, based on the hadith of Jabir in which the Messenger of Allah was asked about making ablution with drinking water left by donkeys. The Prophet, upon whom be peace, answered, "Yes, and from the drinking water left by any of the beasts of prey." This hadith was related by ash-Shaifi, adDaraqutni and al-Baihaqi who said, "When its different chains are put together they become strong." It has also been related from Ibn 'Umar that the Messenger of Allah went out at night while he was on a journey. He passed by a man who was sitting by a pond. Said 'Umar, "Did a beast of prey drink from your pond tonight?" The Messenger of Allah told him, "O owner of the pond, do not inform him. It is not necessary, for him (the beast of prey) is what he carried in his stomach and for us is what he left, water to be used for drinking and purifying." This is related by ad-Daraqutni. Yahya ibn Sa'eed reported that once 'Umar was among a group that included 'Amr ibn al-'Aas and, when they came upon a pond, 'Amr said, "O owner of the pond, have the beasts of prey discovered your pond?" 'Umar said, "Do not inform us, since the people drink after the wild beasts and the wild beasts after the people." This is related by Malik in al-Muwatta. Volume 1, Page 6: Water left in a pot after a cat has drunk from it Such water is also considered pure. This is proven by the hadith of Kabshah bint Ka'b who, when she was under the care of Abu Qatadah, entered the room to pour some water for him. A cat came, drank some of the water, and Qatadah proceeded to tilt the container so the cat could drink more. Kabshah said, "He noticed that I was watching him." He asked, "Are you surprised, O niece?" I answered, "Yes." He said, "The Messenger of Allah, upon whom be peace, said, 'It (the cat) is not impure. They intermingle with you."' Volume 1, Page 6a: Water left in a pot after a pig or dog has drunk from it Such water is considered impure and must be avoided. Al-Bukhari and Muslim have recorded, on the authority of Abu Hurairah, that the messenger of Allah said, "If a dog drinks from one of your containers, wash it seven times." Ahmad and Muslim also have this addition, "Cleanse one of your containers if a dog licks it by washing it seven times, the first washing being with dirt." As for the leftover water of a pig, it is clearly considered filth and impure. Volume 1, Page 6b: Types of impurities Najasah refers to impure substances that the Muslim must avoid and wash off if they should happen to contaminate his clothes, body and so on. Says Allah in the Qur'an, "Purify your raiment" (alMudathar 4); and, "Allah loves those who repent and who purify themselves" (al-Baqarah 222). The Messenger of Allah also said, "Purity is half of the faith." Volume 1, Page 6c: Dead animals If an animal dies after you catch that and take out of the water then that is Halaal. BUT if it dies naturally inside the water, that comes under dead animal and that is Forbidden. scientifically it can be proved that every naturally dead animal the naturally dead fish caries germs. He hath only forbidden you dead meat (including naturally dead Fish, not the one which you caught live and then they die), and blood, and the flesh of swine, and that on which any other name hath been invoked besides that of Allah. But if one is forced by necessity, without willful disobedience, nor transgressing due limits, - then is he guiltless. For Allah is Oft-forgiving Most Merciful. (Al_Quraan_002.173) This refers to animals which die from "natural causes," that is, without the proper Islamic way of slaughtering. It also includes anything that is cut off of a live animal. Abu Waqid al-Laithy reported that the Prophet, upon whom be peace, said, "What is cut off of a live animal is considered dead," i.e., it is considered like an animal that has not been properly slaughtered. This is related by Abu Dawud and by at-Tirmizhi, who classifies it as hassan and says that the scholars act according to this hadith. Volume 1, Page 7: Dead animals of the sea and dead locusts Islaamic_Sharia_Law.pdf Page 103 of 571
Slide 104: Ibn 'Umar reported that the Messenger of Allah said, "Two types of dead animals and two types of blood have been made lawful for us. The types of dead animals are seafood and locusts. The two types of blood are the (blood of the) liver and the spleen." This is related by Ahmad, ash-Shaf'i, al-Baihaqi and adDaraqutni. The hadith is weak, but Imam Ahmad says that it is authentic in mauqoof form. Abu Zar'ah and Abu Hatim have said the same. Such a report has the implication of a marfu' hadith because a companion saying, "This was allowed for us" or "This was forbidden for us" is like one of them saying, "We were ordered to do this," or "We were forbidden to do this," and so on. (Such statements are considered marfu' with respect to their regulations). And we have already mentioned the Prophet's statement concerning the ocean, "Its water is pure and its 'dead animals' are allowable (to eat.)." Volume 1, Page 7a: Dead animals that have no running blood (That is) bees, ants, and so on. They are considered pure. If they fall into some substance and die, the substance will not become impure. Ibn al-Munzhir said, "I do not know of any disagreement concerning the purity of such water save what has been related from ash-Shaf'i. It is well-known that he views them as being impure. Nevertheless, it does not bother him if the object falling into a substance does not alter it (in any way)." Volume 1, Page 7b: Bones, horns, claws, fur, feathers, and skin and so on of dead animals All of these are considered pure. Concerning the bones of dead animals, az-Zuhri said, "I have met some scholars of the preceeding generations who used such objects for combs and pots for oil, and they did not see anything wrong in that." This is related by al-Bukhari. Said Ibn 'Abbas, "The client of Maimunah was given a sheep as charity, and it died. The Messenger of Allah, upon whom be peace, passed by it and said, 'Why do you not remove its skin, treat it and put it to use?' She said, 'It is dead' (i.e., it has not been slaughtered properly). He said to her, 'Only eating it is forbidden."' This is related by the group. Ibn Majah attributes the incident to Maimunah and her client. Al-Bukhari and an-Nasa'i do not mention treating the skin. It is reported from Ibn 'Abbas that he recited: "Say (O Muhammad): "In all that has been revealed to me, I do not find anything forbidden to eat; if one wants to eat thereof, unless it be carrion, or blood poured forth, or swine flesh..." (alAn'am 145). Then he said, "What is forbidden is its meat. As for its skin, skin used for waterskins, teeth, bones, fur and wool, they are permissible." This is narrated by Ibn Munzhir and Ibn Hatim. Similarly, its rennet and milk are considered pure. This is supported by the fact that when the companions conquered Iraq, they ate the cheese of the Magians which was made from rennet, although their slaughtered animals were considered the same as 'dead animals.' It is confirmed from Salman al-Farsi that when he was asked about cheese, clarified butter and pelts, he said, "What is permissible is what Allah made permissible in His book. What is forbidden is what Allah made forbidden in His book. What he omits, He has pardoned for you." It is well-known that he was being asked about the cheese of the Magians, as Salman was 'Umar's deputy in Mada'in, Iraq. Volume 1, Page 8: Blood This includes blood that pours forth from an animal's body, such as blood from a slaughtered animal, or from menstruation, except for what small amounts are overlooked. Ibn Juraij said about the Qur'anic verse "...or blood poured forth..." (al-An'am 145), that this is the blood that flows out. The blood that does not flow out, but remains in the veins, is permissible. This is related by Ibn al-Munzhir. And it is also related from Abu Majlizn in his discourse on blood that he was asked, "What about the blood that remains in the slaughtered sheep or at the top of the cooking pot?" He answered, "There is no problem with it. What is forbidden is the blood that flows out (of the animal at the time of slaughtering)." This was recorded by 'Abd ibn Hameed and by Abu ash-Shaikh. It is also related from 'Aishah that she said, "We used to eat the meat when the blood was streaking the pot." AlHassan said, "The Muslims always prayed, even while they were bleeding." This was mentioned by al-Bukhari. It is confirmed that 'Umar prayed while his wound was bleeding. Elucidating the point, Ibn Hajr says in Fath alBari (a commentary on Sahih al-Bukhari): "Abu Hurairah did not see anything wrong in a drop or two of blood during the prayers. Based on this report from Abu Hurairah, the blood of a flee or the blood that comes from a pimple are to be overlooked. Abu Majlizn was asked about pus that gets on the body or the clothes. He said, 'There is nothing wrong with them. Allah mentions only the blood, not the pus."' Commenting on the subject, Ibn Taimiyyah says, "It is obligatory to clean the clothes from pus, purulent matter or similar fluids." He also says, "There is no proof concerning its impurity." It is preferred for the person to avoid contact as much as possible with these substances. Volume 1, Page 9: Pig's meat According to the verse (al-An'am 145) quoted earlier, items mentioned therein are impure. The pronoun 'they' refers to all three of the mentioned items. It is, however, allowed to knit with the hair of a pig according to most of the scholars. Volume 1, Page 9a: Vomiting of a person, urine, and excrement Islaamic_Sharia_Law.pdf Page 104 of 571
Slide 105: There is agreement among the scholars that these objects are impure. But, a slight amount of vomit (commonly understood as a small amount of liquid) and the urine of an unweaned male baby are overlooked and pardoned. It is sufficient just to sprinkle water over the urine of an unweaned male baby. This is based on the hadith of Umm Qais. She came to the Messenger of Allah with her unweaned son. After a while, the baby urinated in the Prophet's lap. The Prophet, upon whom be peace, called for some water, which he sprinkled over his clothes, and did not give them a complete washing. This is related by al-Bukhari and Muslim. 'Ali narrated that the Messenger of Allah said, "The urine of a baby boy should have water sprinkled upon it. The urine of a baby girl is to be washed off." Says Qatadah, "This refers to a male baby that has not yet begun to eat. If he already eats, then the garment is to be washed." This hadith is related by Ahmad, Abu Dawud, at-Tirmizhi and Ibn Majah. In al-Fath, Ibn Hajr says its chain is sahih. Sprinkling is sufficient as long as the boy is still nursing. If he eats solid food, his urine must be washed from the clothes and body. There is no disagreement on this latter point. Perhaps the reason for this exemption to the male baby's urine is that people have a tendency to carry their male babies around, and it would have been difficult to clean the clothes after their frequent urinations. Volume 1, Page 10: Al-Wadi Wadi is a thick white secretion discharged (by some people) after urination. It is considered impure. 'Aishah said, " Wadi comes out after urination. The person should wash the private parts and perform ablution. It is not necessary to perform ghusl. This is related by Ibn al-Munzhir. Ibn 'Abbas related that "mani (sperm) requires ghusl. As for mazhi (semen) and wadi they require a complete purification." This is related by al-Athram. AlBaihaqi has it with the wording, "Concerning mazhi (prostatic fluid) and wadi, he said, 'Wash your sexual organs and perform the same type of ablution as you perform for prayer."' Volume 1, Page 10a: Al-Mazhi or prostatic fluid This is a white sticky fluid that flows from the sexual organs because of thinking about sexual intercourse or foreplay, and so on. The person is usually not aware of when exactly it is secreted. It comes from both the male and the female sexual organs, although the amount from the latter is usually more than the former's. Scholars are agreed that it is impure. If it gets on the body, it is obligatory to wash it off. If it gets on the clothes, it suffices to sprinkle the area with water, as it is very hard to be completely protected from this impurity, especially for the young, single person. 'Ali said, "I used to excrete mazhi, so I asked a man to ask the Messenger of Allah, upon whom be peace, about it. I was shy to do so because of my position with respect to his daughter ('Ali was the Prophet's son-in-law). He said, 'Make ablution and wash your penis." This is related by al-Bukhari and others. Sahl ibn Hanif said, "I used to suffer from excessive amounts of mazhi. I used to make lots of ghusl because of it. So I mentioned this to the Messenger of Allah, upon whom be peace, and he said, 'It is sufficient to take a handful of water and sprinkle it over your clothes wherever the fluid appears." The hadith is related by Abu Dawud, Ibn Majah, and at-Tirmizhi. The latter says, "The hadith is hassan sahih. In the chain is Muhammad ibn Ishaq, who is considered weak when he relates in mu'an'an (handed-down) form because of his reputation as one who commited tadlis. But in this narration, he makes it clear that he heard the hadith directly." Al-Athram narrated the same hadith with the wording, "I was bothered by a great deal of mazhi, so I went to the Prophet, upon whom be peace, and informed him of this. He said 'It is sufficient for you to take a handful of water and sprinkle it over (the mazhi)."' Volume 1, Page 11: Sperm, Al-Mani Some scholars say that sperm is impure, but apparently it is pure, for it is only recommended to wash it off if it is still wet, and to scratch it off if it is dry. Said 'Aishah, "I used to scratch the sperm off the Messenger of Allah's clothes if it was dry, and wash it off if it was still wet." (This is related by ad-Daraqutni, Abu 'Awanah and alBazzar). It is also related that Ibn 'Abbas said, "I asked the Messenger of Allah about sperm on clothes. He said, 'It is the same as mucus and spittle. It is sufficient to rub the area with a rag or cloth."' The hadith was related by ad-Daraqutni, al-Baihaqi and atTahawi. There is a difference in the narration over whether it should be in marfu'or mauqoof form. Volume 1, Page 11a: The urine and stools of animals that are permissible to eat Both of these are considered impure. Ibn Mas'ud related that the Messenger of Allah, upon whom be peace, went to answer the call of nature. He asked 'Abdullah ibn Mas'ud to bring three stones. 'Abdullah said, "I could not find three stones, so I found two stones and animal dung and brought them to him. He took the two stones and threw away the dung saying, 'It is impure."' Islaamic_Sharia_Law.pdf Page 105 of 571
Slide 106: The hadith is related by al-Bukhari, Ibn Majah, and Ibn Khuzaimah. In one narration it states, "It is impure. It is the stool of a donkey." A little amount of it is pardoned though, as it is very difficult to completely protect one's self from it. Al-Waleed ibn Muslim says, "I said to al-Auza'i, 'What about the urine of animals whose meat is not eaten, like the mule, donkey and horse?' He said that they used to come into contact with these during their battles, and that they did not wash it off their bodies or clothes. As for the urine and stools of animals whose meat is permissible, Malik, Ahmad and a group of the Shaifiyyah says that it is pure. Commenting on the subject, Ibn Taimiyyah says, "None of the companions held that it is impure. In fact, the statement that it is impure is of recent origin and not from the early generations of the companions." Said Anas, "A group of people from the tribes of Ukul or 'Uraina came to Madinah and became ill in their stomach. The Prophet ordered them to get a milking she-camel and drink a mixture of its milk and urine." This hadith is related by Ahmad, al-Bukhari and Muslim and points to a camel's urine as being pure. Therefore, by analogy, other permissible animals' urine may also be considered pure. Says Ibn al-Munzhir, "Those who claim that that was permissible only for those people are incorrect. Specification is only confirmed by some specific proof." He also says, "The scholars permit, without any objection, the sale of sheep's stools and the use of camel's urine in their medicine, both in the past and in the present, again without any objection. This shows that they are considered pure." Says ash-Shaukani, "Apparently, the urine and stools of every living animal permissible to eat is pure." There is nothing to prove otherwise. Volume 1, Page 12: Jallalah Jallalah refers to an animal that eats the waste or flesh of other animals, such as camels, cows, sheep, chickens, geese, and so on. Ibn 'Abbas reported that the Messenger of Allah forbade the drinking of such animals' milk. This hadith is related by "the five," except for Ibn Majah. At-Tirmizhi grades it as sahih. In one narration it states, "It is also prohibited to ride upon a jallalah. (Related by Abu Dawud.) 'Amr ibn Shu'aib related on the authority of his father, from his grandfather, that the Messenger of Allah prohibited the meat of domestic donkeys. As for the jallalah, he prohibited riding or eating them." (Related by Ahamad, an-Nasa'i and Abu Dawud.) If the jallalah animal is kept away from the other animals for some time and is given clean food to eat, then it becomes pure and is no longer called jallalah. If this is the case, it becomes permissible to eat, as the reason for its prohibition was the change it underwent due to eating filth, a state which would no longer be present. Volume 1, Page 12a: Alcohol According to most scholars, alcohol is impure. Says Allah in the Qur'an, "Alcohol, games of chance, idols and divining arrows are only an infamy of Satan's handiwork." Some scholars say that it is pure, for they take the meaning of rajis in its abstract sense as describing alcohol and whatever is related to it. This is not labeled as impure in a definite, sensory way. Says Allah, "Stay away from the impurities of idols." Idols are impure in the abstract sense, and they are considered impure if one touches them. The explanation of the preceding verse is that they are a tool of Satan, for they cause enmity and hatred and keep people away from the remembrance of Allah and pra.yer. In Subul as-Salaam it says, "Their origin is pure and their being prohibited does not mean that the object itself is impure. For example, hashish is prohibited but it is pure. But, something impure is not necessarily prohibited. Every impure thing is prohibited, but not vice-versa. That is because of the ruling that something impure cannot be touched under any circumstances. If a ruling says that something is impure, it is also prohibited. This differs from a ruling that something is prohibited. For example, it is forbidden to wear silk and gold, but they are absolutely pure by consensus." If one understands that, then the prohibition of alcohol does not necessarily entail its also being considered impure: it needs some other evidence to prove that it is impure. If not, then we are left with the original position that it is pure. If one claims other than that, he must substantiate it. Volume 1, Page 13: Purifying the body and clothes If the clothes or body are contaminated with impurities, it is obligatory to wash them with water until they are cleansed of the impurities. This is especially the case if the impurity is visible, such as blood. If there are some stains that remain after washing which would be extremely difficult to remove, they can be overlooked. If the impurity is not visible, such as urine, it is sufficient to wash it one time. 'Asma bint Abu Bakr related that a woman came to the Prophet, upon whom be peace, and said, "Our clothes are contaminated with menstrual blood. What should we do about this?" He said, "Scrape it, rub it with water, pour water over it and then pray in it." (This is related by al-Bukhari and Muslim) If impurities get on the lower portion of a woman's dress, it is purified by dust as she trails along. A woman said to Umm Salamah, "I have a long dress that drags on the ground, even when I walk through places that contain filth. What should I do about it?" Umm Salamah answered her, "The Messenger of Allah said, 'What comes after it purifies it."' This is related by Ahmad and Abu Dawud. Volume 1, Page 13a: Dogs Islaamic_Sharia_Law.pdf Page 106 of 571
Slide 107: Dogs are considered impure. Any container that a dog has licked must be washed seven times, the first time with dirt. Abu Hurairah reported that the Messenager of Allah, upon whom be peace, said, "Purifying a container that a dog has licked is done by washing it seven times, the first washing being with dirt (that is, water mixed with dirt until it becomes muddy)." This was related by Muslim, Ahmad, Abu Dawud, and al-Baihaqi. If a dog licks a pot that has dry food in it, what it touched and what surrounds it must be thrown away. The remainder may be kept, as it is still pure. As for a dog's fur, it is considered pure. Volume 1, Page 14: Purifying the ground If there are impurities on the ground, it is purified by pouring water over it. This is proven by Abu Hurairah's hadith, mentioned earlier, about the bedouin who urinated in the mosque. The Prophet, upon whom be peace, said all that needed to be done for purification was to pour water over it. Said Abu Qulabah, "The drying of the ground is its purification." 'Aishah said, "The purification of the ground is its becoming dry." (Related by Ibn Abi Shaibah.) This, of course, refers to the case where the impurity is a liquid. If the impurity is a solid, the ground will only become pure by its removal or decay. Volume 1, Page 14a: Purifying clarified butter and other similar substances Ibn 'Abbas relates from Maimunah that the Prophet, upon whom be peace, was asked about a mouse that fell into a pot of clarified butter. He said, "Take (the mouse) and what is around it out, and throw it away. Then eat (the rest of) your clarified butter." This is related by al-Bukhari. Commenting on the subject, al-Hafezh Ibn Hajr says, "Ibn 'Abdul Barr reported that there is agreement that if a dead animal falls into a solid matter, what the dead animal touches and what is around it must be thrown away, provided that one can make sure that the animal did not touch the remainder. As for a liquid substance, there is some difference of opinion. The majority say that the entire liquid becomes impure; az-Zuhri, al-Auza'i, and some others disagree with that opinion. Volume 1, Page 15: Purifying the skin of dead animals Tanning purifies the skin and the fur of a dead animal. This is based on the hadith of Ibn 'Abbas, in which the Prophet said, "If the animal's skin is tanned, it is purified." (Related by al-Bukhari and Muslim.) Volume 1, Page 15a: Purifying mirrors and similar objects Mirrors, knives, swords, nails, bones, glass, painted pots and other smooth surfaces that have no pores are purified by simply wiping them and removing any impure remains. The companions of the Prophet used to pray while wearing swords smeared with blood, and they used to just wipe the swords to purify them. Volume 1, Page 15b: Purifying shoes Shoes may be purified by rubbing them against the ground, as long as the remains of the impurity are removed. Abu Hurairah narrated that the Messenger of Allah, upon whom be peace, said, "If one of you stepped in some filth, the dirt will purify his shoes." Related by Abu Dawud. In another narration it states, "If one of you steps in some filth with his shoes on, the dirt will purify them." Abu Sa'eed reported the Prophet, upon whom be peace, saying, "When a person comes to the mosque, he should look at his shoes. If he finds any filth on them, he should wipe them against the ground and pray in them." (Related by Ahmad and Abu Dawud.) Since shoes are repeatedly exposed to filth, it is sufficient just to wipe them against the ground. This is similar to the case of defecation. In fact, it is stronger than that case, as defecation usually occurs only two or three times a day. Volume 1, Page 15c: Useful points that are greatly needed concerning purification Rope used for hanging clothes with impurities on them may afterwards be used for hanging pure clothes. If a liquid falls on a person and he does not know if it was water or urine, he need not inquire about it. If he does inquire, the one who is asked need not answer him even if he knows that the liquid is impure. In that case, the person need not wash his clothes. If a person finds something moist on his body or clothes at night, and he does not know what it is, he need not smell it to discover what it might be. It is related that 'Umar passed by a gutter (and got wet). 'Umar's companion asked the owner of the gutter if the water was pure or impure. 'Umar told the owner not to answer the question, and went on his way. Clothes that have street mud on them need not be washed. Reported Kamyal ibn Ziyad, "I saw 'Ali wading through the mud, after which he entered the mosque and prayed without washing his legs." If a person finishes his prayer and sees some impurities on his clothes or body of which he was not previously aware, or he was aware of them but forgot about them, or he did not forget about them but he was not able to remove them, then his prayer is still valid and he need not repeat it. This opinion is supported by Allah's Islaamic_Sharia_Law.pdf Page 107 of 571
Slide 108: statement, "And there is no sin for you in the mistakes you make unintentionally." (al-Ahzab 5). Many of the companions and those of the following generation gave this legal verdict. If a person can not determine what part of his clothes contain the impurity, he should wash the whole garment. This is based on the axiom, "If an obligation cannot be fulfilled except by performing another related act, then that act also becomes obligatory." If a person mixes his pure clothes with his impure clothes (and gets confused between them), he should investigate the matter and pray once in one of the clothes. This is similar to the question of the exact direction of the qiblah. It does not matter if the proportion of pure clothes was large or small. Volume 1, Page 16: It is not proper for one to carry something that has Allah's name upon it while he is going to the bathroom It is not proper for one to carry something that has Allah's name upon it (unless he is afraid of losing it or having it stolen), while he is going to the bathrom. Anas related that the Messenger of Allah, upon whom be peace, had a ring engraved with Muhammad Rasool-ullah, (Muhammad the Messenger of Allah), which he would remove when he went to the bathroom. Ibn Hajr says that this hadith is malul (a type of weak hadith having a defect) and Abu Dawud says it is m unkar, (singularly related by people who are not trustworthy). The first portion of the hadith is authentic, however. Volume 1, Page 17: He should move and hide himself from others while going to the bathroom This is especially true in the case of defecation, so others can not hear noxious sounds or smell bad odors. Said Jabir, "We were journeying with the Messenger of Allah, upon whom be peace, and he would only relieve himself when he was out of sight." (This is related by Ibn Majah.) Abu Dawud records that, "When he wanted to relieve himself, he would go where no one could see him." He also related, "When the Messenger of Allah, upon whom be peace, went out he would go very far away." Volume 1, Page 17a: One should mention the name of Allah and seek refuge in Him when entering the privy or removing his clothes to relieve himself Anas reported that when the Messenger of Allah, upon whom be peace, entered the privy he would say, "In the name of Allah. O Allah! I seek refuge in you from male and female noxious beings (devils)." This is related by "the group." Volume 1, Page 17b: One should not talk when going to the bathroom One should not respond to a greeting or repeat what the caller to prayer is saying. He may speak if there is some necessity (i.e., to guide a blind man who fears he may be harmed). If he sneezes, he should praise Allah to himself and simply move his lips (without making a sound). Ibn 'Umar related that a man passed by the Prophet, upon whom be peace, and greeted him while he (the Prophet) was urinating. The Prophet did not return his greeting. (This is related by "the group," except for al-Bukhari.) Abu Sa'eed reported that he heard the Messenger of Allah, upon whom be peace, say, "Isn't it true that Allah detests those who converse while they relieve themselves?" This was related by Ahmad, Abu Dawud and Ibn Majah. This hadith seems to support the position that it is forbidden to talk. Many scholars, however, say that it is only disliked, not forbidden. Volume 1, Page 18: One should neither face nor turn his back on the qiblah while relieving himself Abu Hurairah reported that the Messenger of Allah, upon whom be peace, said, "When one of you relieves himself, he should neither face the qiblah nor turn his back on it." This was related by Ahmad and Muslim. The prohibition implies that it is only disliked. As Ibn 'Umar related that he once went to Hafsah's home, where he saw the Messenger of Allah relieving himself while facing Syria with his back to the Ka'bah. This is related by "the group." Some reconciliate these hadith by saying that in the desert it is forbidden to face or turn one's back on the Ka'bah, while it is permitted in buildings. Said Marwan al-Asghar, "I saw 'Umar sitting on his she-camel and facing the qiblah while urinating. I said, 'O father of 'Abdurahman ... is this not forbidden?' He said, 'Certainly not ... This has been prohibited only in open areas. If there is a barricade (or separator) between you and the qiblah, there is nothing wrong with it." This is related by Abu Dawud, Ibn Khuzaimah and al-Hakim. Its chain is hassan as Ibn Hajr said in Fath al-Bari. Volume 1, Page 18a: One should seek a soft and low piece of ground to protect himself from impurities Abu Musa related that the Messenger of Allah came to a low and soft part of the ground and urinated. He then said, "When one of you urinates, he should choose the proper place to do so." Islaamic_Sharia_Law.pdf Page 108 of 571
Slide 109: This is related by Ahmad and Abu Dawud. One of its narrators is unknown, but its meaning is sound. Volume 1, Page 18b: One should not use a hole in the ground Qatadah related from 'Abdullah ibn Sarjas who said, "The Messenger of Allah forbade urination into a hole." Said Qatadah, "What is disliked about urinating into a hole?" Said he, "It is the residence of the jinn." This hadith is related by Ahmad, an-Nasa'i, Abu Dawud, al-Hakim and al-Baihaqi. Ibn Khuzaimah and Ibn asSakin classified it as sahih. Volume 1, Page 18c: One should avoid shaded places and those places where people walk and gather Abu Hurairah reported that the Messenger of Allah, upon whom be peace, said, "Beware of those acts which cause others to curse." They asked, "What are those acts?" He said, "Relieving yourself in the people's walkways or in their shade." This hadith is related by Ahmad, Muslim and Abu Dawud. Volume 1, Page 19: One should not urinate in bathing places or in still or running water 'Abdullah ibn Mughaffal narrated that the Prophet said, "None of you should urinate in a bathing place and then make ablution in the water. The majority of waswas comes from that." This is related by "the five," but the statement, "and then make ablution in it" was only related by Ahmad and Abu Dawud. Jabir said the Prophet forbade urinating in still as well as running water. (Related by Ahmad, an-Nasa'i and Ibn Majah.) In Majma azZuwaid it states, "This was related by at-Tabarani, and its narrators are trustworthy." If there is a drain in the bathing place, it is permissible to urinate into it. Volume 1, Page 19a: One may not urinate while standing If a person can guarantee that no impurities will touch his clothes, it is permissible to urinate while standing. Said 'Aishah, "If someone relates to you that the Messenger of Allah urinated while standing, do not believe him. He only urinated while sitting." This hadith is related by "the five," except for Abu Dawud. At-Tirmizhi's comment is, "It is the best thing related on this point, and it is the most authentic." One should not forget that what 'Aishah said is based on the knowledge that she had. Huzhaifah relates that the Messenger of Allah, upon whom be peace, went to a public garbage dump and urinated while standing. Huzhaifah went away, and the Prophet then called him over. The Prophet made ablution and wiped over his shoes. This is related by "the group." Commenting upon the issue, an-Nawawi says, "To urinate while sitting is most desirable in my opinion, but to do so standing is permissible. Both acts are confirmed by the Messenger of Allah, upon whom be peace. Volume 1, Page 19b: One must remove any impurities from his clothes and body To do so, he can use a rock, stone or any other pure matter. One may use only water to clean the area, or any combinations of purifying agents. 'Aishah reported that the Messenger of Allah, upon whom be peace, said, "When one of you goes to relieve himself, he should clean himself with three stones." (Related by Ahmad, anNasa'i, Abu Dawud and ad-Daraqutni). Anas related that the Messenger of Allah would enter the privy, and that Anas and another boy would carry the water container and spear for him. The Prophet would clean himself with water." (Related by al-Bukhari and Muslim.) Ibn 'Abbas related that the Messenger of Allah, upon whom be peace, passed by two graves and said, "They are being punished. But they are not being punished for a great matter (on their part). One of them did not clean himself from urine and the other used to spread slander." (Related by "the group.") Anas also related the Prophet as saying, "Purify yourselves from urine, as most punishment in the grave is due to it." Volume 1, Page 20: One should not clean himself with his right hand 'Abdurahman ibn Zaid related that Salman was asked, "Your Prophet teaches you everything, even how to relieve yourselves?" Salman said, "Certainly ... He forbade us from facing the qiblah while doing so, from cleaning ourselves with our right hand, and from cleaning ourselves with less than three stones. We also should not use an impure substance or a bone to clean ourselves." (Related by Muslim, Abu Dawud, and at-Tirmizhi.) Hafsah reported, "The Messenger of Allah, upon whom be peace, reserved his right hand for eating, drinking, putting on his clothes, taking and giving. He used his left hand for other actions." (Related by Ahmad, Abu Dawud, Ibn Majah, Ibn Hibban, al-Hakim and al-Baihaqi). Islaamic_Sharia_Law.pdf Page 109 of 571
Slide 110: Volume 1, Page 20a: One should remove any bad smell from his hands after cleaning himself Abu Hurairah said, "When the Messenger of Allah upon whom be peace, relieved himself, I used to bring him a container of water. He would cleanse himself, then rub his hands against the soil." (Related by Abu Dawud, anNasa'i, al-Baihaqi, and Ibn Majah.) Volume 1, Page 20b: One should sprinkle his penis and underwear with water after urination Make sure that he has cleansed himself. If one finds some dampness in his clothes after so doing, he can content himself by saying, "That is just water." This is based on the hadith related by al-Hakim ibn Sufyan or Sufyan ibn al-Hakim who said, "When the Messenger of Allah, upon whom be peace, urinated, he would wash and sprinkle (his penis)." In another narration it states, "I saw the Messenger of Allah urinate, after which he sprinkled water over his penis." Ibn 'Umar used to sprinkle his penis until his underwear became wet. Volume 1, Page 20c: Entering the bathroom One should enter the bathroom or a privy with his left foot, and exit with his right foot, saying: "O Allah! I seek your forgiveness." 'Aishah related that when the Messenger of Allah left the bathroom, he would say this supplication. (Related by "the five," except for an-Nasa'i.) What 'Aishah stated is the soundest statement on this topic. It is related through a number of weak chains that the Prophet, upon whom be peace, used to say, "Praise be to Allah who made the filth leave me and who has given me health," and "Praise be to Allah who let me enjoy it, kept for me its energy and relieved me of its harm." Volume 1, Page 21: Acts that correspond to the Nature of Mankind Allah has chosen certain acts for all of His prophets and their followers to perform. These acts distinguish them from the rest of mankind, and are known as sunan al-fitra, (the acts that correspond to the nature of mankind). Volume 1, Page 21a: Circumcision This prevents dirt from getting on one's penis, and also makes it easy to keep it clean. For women, it involves cutting the outer portion of the clitoris. Abu Hurairah reported that the Messenger of Allah said, "Ibrahim circumcised himself after he was eighty years old." (Related by al-Bukhari.) Many scholars say that it is obligatory.'� The Shaf'iyyah maintain that it should be done on the seventh day. Says ash-Shaukani, "There is nothing that states explicitly its time or indicates that it is obligatory." Volume 1, Page 21b: Shaving pubic hairs and pulling out underarm hairs They are two sunan acts. If the hair is only trimmed or pulled out, it will suffice. Volume 1, Page 21c: Clipping one's fingernails, trimming and shaving his moustache Ibn 'Umar related that the Messenger of Allah said, "Differ from the polytheists: let your beards (grow)" and shave your moustache." (Related by al-Bukhari and Muslim). Abu Hurairah reported that the Messenger of Allah, upon whom be peace, said, "Five things are part of one's fitra: Shaving the pubic hairs, circumcision, trimming the moustache, removing the hair under the arms and trimming the nails." (Related by "the group.") It does not mention which one would specifically fulfill the sunnah. One should make sure that his moustache is not so long that food particles, drink and dirt accumulate in it. Zaid ibn Arqam related that the Prophet, upon whom be peace, said "Whoever does not take (off) some of his moustache is not one of us." (Related by Ahmad, an-Nasa'i and at-Tirmizhi, who classified it as sahih.) It is preferred to cut the pubic hairs, pluck out the underarm hairs, cut the nails and trim the moustache on a weekly basis, a practice which is most hygenic. If some unnecessary hair is left on the body for a longer period of time, it may disturb the person. One may leave this action for forty days, but no longer. Said Anas, "The time period for us to trim the moustache, cut the nails, pluck out the underarm hairs and cut the pubic hairs was forty nights." (Related by Ahmad, Abu Dawud and others). Volume 1, Page 22: Letting one's beard grow and become thick This is a feature of dignity. It should not be cut so short that it appears like a shaved beard, nor should it be left so long that it becomes untidy. It is also a sign of manhood. Says al-Bukhari, "Whenever Ibn 'Umar made the hajj or 'umrah, he would hold his beard in his fist and, whatever exceeded his fist, he would cut off." Volume 1, Page 22a: Oiling and combing one's hair Abu Hurairah reported the Prophet, upon whom be peace, as saying, "Whoever has hair should honor it." (Related by Abu Dawud.) Said 'Ata ibn Yasar, "A man came to the Prophet with unkempt hair and an untidy beard. The Prophet pointed to him, as if ordering him to straighten his hair and beard. He did so and returned. Thereupon the Prophet observed, 'Is that not better than one of you coming with his hair unkempt, as if he were a devil?"' (Related by Malik.) Islaamic_Sharia_Law.pdf Page 110 of 571
Slide 111: Abu Qatadah related that he had a great amount of hair. He asked the Prophet, "O Messenger of Allah, I have lots of hair. Should I comb it?" He answered, "Yes ... and honor it." Abu Qatadah used to oil it twice a day due to the Prophet's words, "... and honor it." Cutting one's hair off is permissible, and so is letting it grow if one honors it. Ibn 'Umar narrated that the Prophet, upon whom be peace, said, "Shave it all or leave it all." (Related by Ahmad, Muslim, Abu Dawud and an-Nasa'i). To shave part of it and leave part of it is greatly disliked. Nafa' related from Ibn 'Umar that the Messenger of Allah prohibited qiza'. Nafa' asked, "What is qiza' ?" He said, "It is to shave off part of the hair of a youth and to leave part." (AlBukhari and Muslim.) Volume 1, Page 23: Leaving grey hairs in place This applies to both men and women. 'Amr ibn Shu'aib related on the authority of his father from his grandfather that the Prophet said, "Do not pluck the grey hairs as they are a Muslim's light. Never a Muslim grows grey in Islam except that Allah writes for him, due to that, a good deed. And he raises him a degree. And he erases for him, due to that, one of his sins." (Related by Ahmad, Abu Dawud, at-Tirmizhi, an-Nasa'i and Ibn Majah.) And Anas said, "We used to hate that a man should pluck out his white hairs from his head or beard." (Related by Muslim. ) Volume 1, Page 23a: Changing the color of grey hair by using henna, red dye, yellow dye, and so on Abu Hurairah reported that the Prophet, upon whom be peace, said, "The Jews and Christians do not dye, so differ from them." (Related by "the group.") Abu Zharr reported that the Messenger of Allah said, "The best thing that one can use to change the color of grey hairs is henna and katm (a reddish dye)." (Related by "the five.") There are some narrations that state that dying is disliked, but it is obvious that these narrations conflict with the sunnah and custom. It is related from some of the companions that it is better not to dye, while others say it is better to do it. Some used a yellow dye, while others used henna or katm. Others used saffron, and a group of them used a black dye. Ibn Hajr mentioned in Fath al-Bari that az-Zuhri said, "We used black dye if our face was youthful, but if wrinkles were present and the teeth were gone we would not use it." Said Jabir, "Abu Quhafah (Abu Bakr's father) was brought to the Prophet during the conquest of Makkah while his head was "white." The Prophet, upon whom be peace, said, "Take him to one of his wives and let her change the color of his hair with something, but she should avoid (making his hair) black." (Related by "the group," except for al-Bukhari and atTirmizhi). This dealt with a certain incident, and cannot be generalized. Furthermore, black would not be proper for someone as old as Abu Quhafah. Volume 1, Page 24: To use musk and other types of perfume These are pleasing to the soul and beautify the atmosphere. Anas reported the Messenger of Allah as saying, "Among the things of this world, I love women and perfume, and the coolness of my eyes is prayer." (Related by Ahmad and an-Nasa'i.) Abu Hurairah reported that the Messenger of Allah said, "If someone offers perfume, do not reject it, for it is light to carry and has a sweet scent." (Related by Muslim, an-Nasa'i and Abu Dawud.) Abu Sa'eed reported that the Prophet said about musk, "It is the best of perfumes." (Related by "the group," except for al-Bukhari and Ibn Majah). Nafa' narrated that Ibn 'Umar used to burn and inhale a branch called aluwah that has a nice smell. He also used camphor. He used to say, "This is the way the Messenger of Allah inhaled such scents (that is, by burning them.)" (Related by Muslim and an-Nasa'i.) Islaamic_Sharia_Law.pdf Page 111 of 571
Slide 112: Fiqh-us-Sunnah, Volume 1: Ablution (Wudu') Ablution means to wash one's face, hands, arms, head and feet with water. Volume 1, Page 25a: Part of Islamic law This is proven from the three major sources of Islamic law: -1- The Qur'an. Says Allah in the Qur'an, "O you who believe, when you rise for prayer, wash your faces and your hands up to the elbows and lightly rub your heads and (wash) your feet up to the ankles (al-Mai'dah 6). -2- The Sunnah. Abu Hurairah reported that the Messenger of Allah said, "Allah does not accept the prayer of one who nullified his ablution until he performs it again." (Related by al-Bukhari, Muslim, Abu Dawud and atTirmizhi.) -3- The Consensus. There is a consensus of scholarly opinion that ablution is part of Islamic law. Therefore, it is a recognized fact of the religion. Volume 1, Page 25b: Its virtues Many hadith state the virtues of ablution. We shall mention just a few: -1- 'Abdullah ibn as-Sunnabiji stated that the Messenger of Allah said, "When a slave makes ablution and rinses his mouth, his wrong deeds fall from it. As he rinses his nose, his wrong deeds fall from it. When he washes his face, his wrong deeds fall from it until they fall from beneath his eyelashes. When he washes his hands, his wrong deeds fall from them until they fall from beneath his fingernails. When he wipes his head, his wrong deeds fall from it until they fall from his ears. When he washes his feet, his wrong deeds fall from them until they fall from beneath his toenails. Then his walking to the mosque and his prayer give him extra reward." (Related by Malik, an-Nasa'i, Ibn Majah and al-Hakim.) -2- Anas reported that the Messenger of Allah said, "If good characteristics exist in a person, Allah makes all of his acts good. If a person purifies himself for prayer, he expiates all of his sins and his prayer is considered an extra reward for him." (Related by Abu Ya'la, al-Bazzar and at-Tabarani in al-Ausat.) -3- Abu Hurairah reported that the Messenger of Allah said, "'Shall I inform you (of an act) by which Allah erases sins and raises degrees?" They said, "Certainly, O Messenger of Allah." He said, "Perfecting the ablution under difficult circumstances, taking many steps to the mosque, and waiting for the (next) prayer after the (last) prayer has been performed. That is ribat. (Related by Malik, Muslim, at-Tirmizhi and an-Nasa'i.) -4- Abu Hurairah also reported that the Messenger of Allah, upon whom be peace, passed by a grave site and said, "Peace be upon you, O home of believing people. Allah willing, we shall meet you soon, although I wish I could see my brothers." They asked, "Are we not your brothers, O Messenger of Allah?" He said, "You are my companions. My brothers are the ones who will come after (us)." They said, "How will you know the people of our nation who will come after you, O Messenger of Allah?" He said, "If a man has a group of horses with white forelocks amidst a group of horses with black forelocks, will he recognize his horses?" They said, "Certainly, O Messenger of Allah." He said, "They (my brothers) will come with white streaks from their ablutions, and I will receive them at my cistern. But there will be some who will be driven away from my cistern as a stray camel is driven away. I will call them to come. It will be said, 'They changed matters after you,' then I will say, 'Be off, be off."' (Related by Muslim.) Volume 1, Page 27: The obligatory parts of the ablution Ablution has certain components which, if not fulfilled according to the correct Islamic procedures, make one's ablution void. Volume 1, Page 27a: Intention This is the desire to do the action and to please Allah by following His command. It is purely an act of the heart, for the tongue (verbal pronouncement, and so on) has nothing to do with it. To pronounce it is not part of the Islamic law. That the intention is obligatory is shown in the following: 'Umar related that the Prophet, upon whom be peace, said, "Every action is based on the intention (behind it), and everyone shall have what he intended..." (Related by "the group.") Volume 1, Page 27b: Washing the face Islaamic_Sharia_Law.pdf Page 112 of 571
Slide 113: This involves "pouring" or "running" water from the top of the forehead to the bottom of the jaws, and from one ear to the other. Volume 1, Page 27c: Washing the arms to the elbow The elbows must be washed, for the Prophet, upon whom be peace, did so. Volume 1, Page 27d: Wiping the head This means to wipe one's head with his hand. It is not sufficient just to place the hand on the head or to touch the head with a wet finger. The apparent meaning of the Qur'anic words, "...and wipe over your heads..." does not imply that all of the head needs to be wiped. It has been recorded that the Prophet used to wipe his head three different ways: -1- Wiping all of his head. 'Abdullah ibn Zaid reported that the Prophet, upon whom be peace, wiped his entire head with his hands. He started with the front of his head, then moved to the back, and then returned his hands to the front. (Related by "the group."). -2- Wiping over the turban only. Said 'Amru ibn Umayyah, "I saw the Messenger of Allah, upon whom be peace, wipe over his turban and shoes." (Related by Ahmad, al-Bukhari and Ibn Majah). Bilal reported that the Prophet, upon whom be peace, said, "Wipe over your shoes and head covering." (Related by Ahmad.) 'Umar once said, "May Allah not purify the one who does not consider wiping over the turban to be purifying." Many hadith have been related on this topic by al-Bukhari, Muslim and others. Most of the scholars agree with them. Wiping over the front portion of the scalp and the turban Al-Mughirah ibn Shu'bah said that the Messenger of Allah, upon whom be peace, made ablution and wiped over the front portion of his scalp, his turban and his socks. (Related by Muslim.) There is, however, no strong hadith that he wiped over part of his head, even though al-Ma'idah: apparently implies it. It is also not sufficient just to wipe over locks of hair that proceed from the head or along the sides of the head. Volume 1, Page 28: Washing the feet and the heels This has been confirmed in mutawatir (continuous) reports from the Prophet, upon whom be peace, concerning his actions and statements. Ibn 'Umar said, "The Prophet lagged behind us in one of our travels. He caught up with us after we had delayed the afternoon prayer. We started to make ablution and were wiping over our feet, when the Prophet said, 'Woe to the heels, save them from the Hell-fire,' repeating it two or three times." (Related by al-Bukhari and Muslim.) Needless to say, the preceding obligations are the ones that Allah has mentioned in (al-Ma'idah 6). Volume 1, Page 28a: Following the prescribed sequence Allah mentioned the obligations in a specific order. He also differentiated the legs from the hands--though both of them have to be washed--from the head, which only needs to be wiped. The polytheists of Arabia would not differentiate items unless there was some benefit in doing so. The way Allah structured the ablution made it easier for them to comprehend it. Al-Ma'idah 6 explains what is obligatory and it falls under the generality of the Prophet's statement, "Begin with what Allah began with." The Prophet used to follow that sequence as one of ablution's principles. There is no such report that the Prophet, upon whom be peace, ever departed from that sequence. Ablution is part of worship, and in matters of worship there is no room for anything except doing what has been commanded. Volume 1, Page 28c: This section deals with those acts connected with the ablution, but which are not obligatory, as the Prophet, upon whom be peace, did not rigorously stick to them or censure anyone for not doing them. They are as follows: Volume 1, Page 29: Mentioning the name of Allah at the beginning There are some weak hadith that mention this act, and all of the chains of these hadith point to the fact that there is some basis for this act. In any case, it is a good act in and of itself and, in general, it is part of the Islamic law. Volume 1, Page 29a: Dental Hygiene This involves using a stick or similar object to clean one's teeth. The best type to use is that of the arak tree found in the Hejaz. Such a practice strengthens the gums, prevents tooth disease, helps digestion and facilitates the flow of urine. This sunnah is fulfilled by using any object which removes yellow stains on the teeth and cleans the mouth, such as a toothbrush, and so on. Abu Hurairah reported that the Prophet, upon whom be Islaamic_Sharia_Law.pdf Page 113 of 571
Slide 114: peace, said, "Were it not to be a hardship on my community, I would have ordered them to use a toothbrush for every ablution." (Related by Malik, ash-Shaf'i, al-Baihaqi and al-Hakim.) 'Aishah reported that the Prophet said, "The toothbrush purifies the mouth and is pleasing to the Lord." (Related by Ahmad, an-Nasa'i and at-Tirmizhi.) Using a toothbrush is liked at any time, but there are five times in which it is especially liked: -1- ablution, -2- prayer, -3- reading the Qur'an, -4- rising from sleep, and -5- when the taste in one's mouth has changed. Fasting and non-fasting people may use it at the beginning, the end, or at any other time during the day. 'Amr ibn Rabi'ah said, "I have seen the Messenger of Allah, upon whom be peace, on countless occasions using a toothbrush while fasting." (Related by Ahmad, Abu Dawud and at-Tirmizhi.) When one uses a toothbrush, it is sunnah to clean it afterwards. Said 'Aishah, "When the Prophet, upon whom be peace, used his toothbrush, he would give it to me. I would wash it, use it, wash it again and give it back to him." (Related by Abu Dawud and alBaihaqi.) It is part of the sunnah that one who has no teeth may use his fingers to clean his mouth. Asked 'Aishah, "O Messenger of Allah, how should a toothless person cleanse his mouth?" "By putting his fingers into his mouth," he replied. (Related by at-Tabarani.) Volume 1, Page 30: Washing the hands three times at the beginning This is based on the hadith of Aus ibn Aus al-Thaqafi who said, "I saw the Messenager of Allah make ablution, and he washed his hands three times." (Related by Ahmad and an-Nasa'i.) Abu Hurairah reported that the Prophet, upon whom be peace, said, "When one of you rises from his sleep, he should not put his hand into a pot until he has washed it three times, for he does not know where his hand was (while he slept)." (Related by "the group", al-Bukhari did not mention the number of times.) Volume 1, Page 30a: Rinsing the mouth three times Laqit ibn Sabrah reported that the Prophet said, "When one performs ablution, he should rinse his mouth." (Related by Abu Dawud and al-Baihaqi.) Volume 1, Page 30b: Sniffing up and blowing out water three times Abu Hurairah reported that the Prophet, upon whom be peace, said, "When one of you performs ablution, he should sniff water up his nostrils and then blow it out." (Related by al-Bukhari, Muslim and Abu Dawud.) The sunnah is to put the water into the nostrils with the right hand and blow it out with the left. 'Ali once called for water for ablution, rinsed his mouth, sniffed up water into his nostrils and blew it out with his left hand. He did that three times and then said, "That is how the Prpohet, upon whom be peace, would purify himself." (Related by Ahmad and an-Nasa'i.) This sunnah is fulfilled by putting water into the mouth and nostrils in any way. The practice of the Prophet was to do both acts at the same time. 'Abdullah ibn Zaid said, "The Prophet would rinse his mouth and nose with just one hand (at one time, together). He did that three times." In one narration it says, "He would rinse his mouth and nose with three scoops of water." (Related by al-Bukhari and Muslim.) It is also sunnah to be plentiful (with water) while performing this sunnah, except if one is fasting. Laqit asked the Prophet, "Inform me about your ablution." He replied, "Complete and perfect the ablution and (put water) between your fingers. Use lots of water while sniffing it up your nostrils, unless you are fasting." (Related by "the five." At-Tirmizhi said it is sahih.) Volume 1, Page 31: Running one's fingers through his beard 'Aishah reported that the Messenger of Allah would run his fingers through his beard. (Related by Ibn Majah and at-Tirmizhi, who classified it as sahih . ) Anas said that when the Messenger of Allah performed ablution, he would take a handful of water and put it under his jaws and pass it through his beard. He said, "This is what my Lord, Allah, ordered me to do." (Related by Abu Dawud, al-Baihaqi and al-Hakim.) Volume 1, Page 31a: Running water through one's fingers and toes Ibn 'Abbas said that when the Messenger of Allah performed ablution, he would run his fingers through his fingers and toes. (Related by "the five," except Ahmad.) It is also related that it is preferable to remove jewelry, for example, rings, bracelets, and so on, while performing ablution. Even though these reports are not accepted Islaamic_Sharia_Law.pdf Page 114 of 571
Slide 115: as fully authentic, one must follow them, for they fall under the general category of completing and perfecting the ablution. Volume 1, Page 31b: Repeating each washing three times This is a sunnah that the Prophet, upon whom be peace, almost always followed. If he acted otherwise, it was just to show that the other acts are permissible. 'Amr ibn Shu'aib related on the authority of his father from his grandfather who said: "A bedouin came to the Messenger of Allah, upon whom be peace, and asked him about the ablution. He showed him how to wash each part three times and said, 'This is the ablution. Whoever does more than that has done wrong, transgressed and committed evil." (Related by Ahmad, an-Nasa'i and Ibn Majah.) 'Uthman also reported that the Messenger of Allah would repeat each washing three times. (Related by Ahmad, Muslim and at-Tirmizhi.) It is also proven that he performed each washing only once or twice. According to most of the reports, he wiped his head only once. Volume 1, Page 31c: Beginning each action with the right side Said 'Aishah, "The Messenger of Allah loved to begin with his right side while putting on his shoes, straightening his hair and cleaning (or purifying) himself." (Related by al-Bukhari and Musilm.) Abu Hurairah reported that the Prophet said, "When you clothe or wash yourself, begin with your right side." (Related by Ahmad, Abu Dawud, at-Tirmizhi, and an-Nasa'i.) Volume 1, Page 32: Rubbing the limbs with water This means to rub the hands over the bodily parts with water. 'Abdullah ibn Zaid reported that the Messenger of Allah was brought a pot of water which he used to perform ablution, and then rubbed his arms. (Related by Ibn Khuzaimah.) He also related that the Messenger of Allah performed ablution, then rubbed his limbs. (Related by Abu Dawud at-Tayalisi, Ahmad, Ibn Hibban and Abu Ya'la.) Volume 1, Page 32a: Close sequence Each bodily part must be washed right after the other in the prescribed sequence (without separating the washing of the different parts of acts not related to the abution). This is the customary practice of the early and later generations of Muslims. Volume 1, Page 32b: Wiping the ears The sunnah is to wipe the interior of the ears with the index fingers and the exterior portions with the thumbs. The water used to wipe the head is also used for the ears, as the ears are part of the head. Al-Miqdam ibn Ma'd Yakrih reported that the Prophet, upon whom be peace, wiped his head and his ears, the interior and exterior, while making ablution. He also put his finger inside his ear. (Related by Abu Dawud and at-Tahawi.) While describing the ablution of the Prophet, upon whom be peace, Ibn 'Umar said, "He wiped his head and ears with one wipe." (Related by Ahmad and Abu Dawud.) In one narration it states, "He wiped the inner portion of his ears with his index finger, and the outer portion with his thumb." Volume 1, Page 32c: Elongating the streaks of light This refers to washing the complete forehead, a practice which is more than what is obligatory in washing the face, and will increase the streak of light (on the Day of Judgement). It also refers to washing above the elbows and ankles. Abu Hurairah reported that the Messenger of Allah said, "My nation will come with bright streaks of light from the traces of ablution." Abu Hurairah then said, "If one can lengthen his streak of light, he should do so." (Related by Ahmad, al-Bukhari and Muslim.) Abu Zar'ah related that when Abu Hurairah made ablution, he washed his arms above his elbows and his feet up to his calves. He was asked, "Why do you do this?" He said, "This is the extent of the embellishment." (Related by Ahmad. ) According to al-Bukhari and Muslim, its chain is sahih. Volume 1, Page 32d: Economizing the use of water, even if one is in front of the sea Anas said, "The Prophet, upon whom be peace, used to perform ghusl (the complete bathing) with a sa'a of water (1.616 cm) 3 to 5 madd (each 4 madd equals one sa'a). He also used to make ablution with one madd (404 cm) of water." (Related by al-Bukhari and Musim.) 'Ubaidullah ibn Abu Yazid narrated that a man asked Ibn 'Abbas, "How much water is sufficient for ghusl?" He answered, "One madd." "And how much is sufficient for ghusl?" He said, "One sa'a." The man said, "That is not sufficient for me." "Ibn 'Abbas said, "No? It was sufficient for one better than you, the Messenger of Allah, upon whom be peace." (Related by Ahmad, al-Bazaar and atTabarani in al-Kabeer. Its narrators are trustworthy.) 'Abdullah ibn 'Umar narrated that the Messenger of Allah passed by Sa'd while he was performing ablution and said, "What is this extravagance, Sa'd?" He said, "Is there extravagance in the use of water?" He said, "Yes, even if you are at a flowing river." (Related by Ahmad and Ibn Majah with a weak chain.) Islaamic_Sharia_Law.pdf Page 115 of 571
Slide 116: Extravagance is to use water without any benefit, like washing the parts more than three times. Ibn Shu'aib's hadith, quoted earlier, illustrates the point in question. 'Abdullah ibn Mughaffal narrated that he heard the Prophet say, "There will be people from my nation who will transgress in making supplications and in purifying themselves." (Related by Ahmad, Abu Dawud and an-Nasa'i.) Says al-Bukhari, "The scholars do not like one to use water beyond what the Prophet, upon whom be peace, used for ablution. Volume 1, Page 33: Supplication while performing ablution There is nothing confirmed from the Prophet, upon whom be peace, regarding supplications during ablution save the hadith of Abu Musa al-Ash'ari who said, "I came to the Messenger of Allah with water. While he was performing ablution, I heard him supplicate, 'O Allah, forgive my sins. Make my residence spacious for me and bless me in my provisions.' I said, 'O Prophet of Allah, I heard you supplicating such and such.' He said, 'Did I leave anything out?" (Related by an-Nasa'i and Ibn as-Sunni with a sahih chain.) An-Nawawi includes this event under the chapter, What is to be said after one completes the ablution, and Ibn as-Sunni has it under, What is to be said when one is in the state of ablution. An-Nawawi holds that both meanings may be implied from the hadith. Volume 1, Page 34: Supplication after ablution 'Umar reported that the Prophet, upon whom be peace, said, "If one completes (and perfects) the ablution and then says, 'I testify that there is no god except Allah, the One Who has no partner, and that Muhammad is His slave and Messenger," the eight gates of paradise will be opened for him and he may enter any of them that he wishes." (Related by Muslim.) Abu Sa'eed al-Khudri reported that the Prophet said, "Whoever makes ablution and says, 'Glory be to Thee, O Allah, and the praise be to Thee. I bear witness that there is no god except You. I beg Your forgiveness and I repent unto you,' will have it written for him, and placed on a tablet which will not be broken until the Day of Resurrection. This hadith is related by at-Tabarani in al-Ausat. Its narrators are of the sahih. An-Nasa'i has it with the wording. "It will be stamped with a seal, placed below the throne, and it will not be broken until the Day of Resurrection." The correct statement is that it is mauqoof. As for the supplication, "Allah, cause me to be from among the repentant, and cause me to be from among the pure," it has been narrated by at-Tirmizhi who said, "Its chain is muzhtarib and there is nothing authentic concerning this (supplication)." Volume 1, Page 34a: Praying two rak'ah after ablution Abu Hurairah reported that the Messenger of Allah, upon whom be peace, said to Bilal, "O Bilal, tell me what good deed you have done in Islam that I hear the sound of your footsteps in Paradise?" Bilal said, "That after I purify myself during the day or night, I pray with that purification as much as Allah has destined for me." (Related by al-Bukhari and Muslim.) 'Uqbah ibn 'Aamr related that the Messenger of Allah, upon whom be peace, said, "If one performs and perfects his ablution and prays two rak'ah with his heart and face (completely on his prayer), Paradise becomes his." (Related by Muslim, Abu Dawud, Ibn Majah and Ibn Khuzaimah in his Sahih.) Khumran, the client of 'Uthman, added, "I saw 'Uthman call for water for ablution, pour it from the pot onto his right hand and wash it three times. He then put his right hand into the container, rinsed his mouth and nose and blew the water out. Then he washed his face three times, followed by his arms up to the elbows. Then he washed his feet three times and said 'I saw the Messenger of Allah, upon whom be peace, make ablution like this.' And then he would say, 'Whoever makes ablution like this and then prays two rak'ah without having any other concern on his mind, all his past sins will be forgiven." (Related by al-Bukhari, Muslim and others.) Other practices (protecting the eyes and wrinkles, removing any rings, wiping the neck, and so on) have not been mentioned here as their narrations are still questionable. But, one may follow them as part of general cleanliness. Volume 1, Page 35: Nullification of ablution It is not desirable that one who is making ablution should leave any of the sunan that have just been mentioned. The person would then lose the great reward of these (simple)acts. Anytime one abandons the sunnah, he has done a disliked deed. Volume 1, Page 35a: An excretion of the penis, vagina or anus This would include urine, feces (Allah says, "...or one of you comes from relieving himself," thus proving that such an act obligates a new purification), and releasing gas from the anus. Abu Hurairah reported that the Messenger of Allah said, "Allah does not accept the prayer of a person who has released gas until he makes a Islaamic_Sharia_Law.pdf Page 116 of 571
Slide 117: new ablution. A person from Hazhramaut asked Abu Hurairah, "What does releasing gas mean?" He answered, "Wind with or without sound." (Related by al-Bukhari and Muslim.) He also narrated that the Prophet said, "If one of you finds a disturbance in his abdomen and is not certain if he has released any gas or not, he should not leave the mosque unless he hears its sound or smells its scent." (Related by Muslim.) Hearing the escaping gas or smelling it is not a condition for nullifying ablution, but he stressed that one should be certain of the action. As for al-Mazhi (prostatic fluid), the Prophet said, "Make ablution." Concerning sperm or al-mani, said Ibn 'Abbas "It requires ghusl and for al-mazhi and al-wadi, wash your sex organs and make ablution." This was related by al-Baihaqi in his Sunan. Volume 1, Page 35b: Deep sleep that makes a person completely unaware of his surroundings If the person did not keep his bottocks firmly seated on the floor while sleeping, he must make a new ablution. Safwan ibn 'Asal said, "The Prophet, upon whom be peace, used to order us while we were travelling not to take our socks off unless we were in post-sex impurity (i.e. not for defecation, urination or sleep)." (Related by Ahmad, an-Nasa'i and at-Tirmizhi, who graded it sahih.) If one's buttocks has remained firmly on the floor during his sleep, no new ablution is necessary. This is implied by the hadith of Anas who said, "The companions of the Prophet were waiting for the delayed night prayer until their heads began nodding up and down (from drowsiness and sleep). They would then pray without performing ablution." (Related by ash-Shaifi, Muslim, Abu Dawud and at-Tirmizhi.) The wording that at-Tirmizhi recorded from the chain of Shu'bah is, "I have seen the companions of the Prophet sleeping to the extent that one could hear some of them snoring. But, they would stand for prayer without a new ablution." Said Ibn alMubarak, "In our opinion, this happened when they were sitting." Volume 1, Page 36: Loss of consciousness This nullifies the ablution regardless of whether it was owing to insanity, fainting, drunkenness, or some medicine. It also does not matter if one was unconscious for a short or long period of time, or if one was sitting, or fell to the earth, and so on. The aspect of unawareness here is greater than that of sleeping. The scholars are agreed on this point. Volume 1, Page 36a: Touching the sexual organ without any "barrier" between the hand and the organ Busrah bint Safwan narrated that the Prophet, upon whom be peace, said, "Whoever touches his sexual organ cannot pray until he performs ablution." This hadith is related by "the five." At-Tirmizhi classified it as sahih and al-Bukhari called it the most authentic report on that topic. Malik, ash-Shaifi, Ahmad and others also narrated it. Abu Dawud said, "I asked Ahmad, 'Is the hadith of Busrah authentic?' He said, 'Certainly it is authentic." In the narration of Ahmad and an-Nasa'i, Busrah heard the Prophet saying, "Ablution is to be made by the one who touches his sexual organ." This is general and encompasses touching one's own sexual organs or touching somebody else's. Abu Hurairah reported the Prophet as saying, "Whoever touches his sexual organ without any covering (between them) must perform ablution." (Related by Ahmad, Ibn Hibban and al-Hakim, who classified it as sahih, as did Ibn 'AbdulBarr.) Said Ibn as-Sakin, "That hadith is from the best of what has been related on this topic." Ash-Shaf'i related: "Any man who touches his penis must perform ablution. Any women who touches her vagina must perform ablution." Commenting on its authenticity, Ibn alQayyim quotes al-Hazimi who says, "That chain is sahih." The Hanifiyyah are of the opinion, based on the following hadith, that touching the sexual organ does not nullify the ablution: "A man asked the Prophet if a man who touches his penis has to perform ablution. Said the Prophet, upon whom be peace, "No, it is just a part of you." (Related by "the five." Ibn Hibban classified it as sahih, and Ibn al-Madini said, "It is better than the hadith of Busrah.'') Volume 1, Page 37: Touching a woman 'Aishah related that the Messenger of Allah, upon whom be peace, kissed her while he was fasting and said, "Kissing does not nullify the ablution, nor does it break the fast." (Related by Ishaq ibn Rahawaih and al-Bazzar with a good chain.) Evaluating its authenticity, 'Abdul-Haqq says, "I do not know of any defect in the hadith that could cause its rejection." 'Aishah also said, "One night, I missed the Messenger of Allah in my bed, and so went to look for him. I put my hand on the bottom of his feet while he was praying and saying, 'O Allah, I seek refuge in Your pleasure from Your anger, in Your forgiveness from Your punishment, in You from You. I cannot praise you as You have praised Yourself" (related by Muslim and at-Tirmizhi, who classified it as sahih.), and she also reported, 'The Prophet kissed some of his wives and went to prayer, without performing ablution." (Related by Ahmad and "the Islaamic_Sharia_Law.pdf Page 117 of 571
Slide 118: four,'' and its narrators are trustworthy.) She also said, "I would sleep in front of the Prophet, upon whom be peace, with my feet in the direction of the qiblah (to him). When he made prostrations, he would touch me, and I would move my feet." In another narration it says, "When he wanted to prostrate, he would touch my legs." Volume 1, Page 38: Bleeding from an unusual place This involves bleeding due to a wound, cupping or a nosebleed, and regardless of whether the amount of blood is small or large. Said al-Hassan, "The Muslims still prayed even while wounded." (Related by al-Bukhari.) He also reported, "Ibn 'Umar squeezed a pimple until it bled, but he did not renew his ablution. Ibn Abi 'Uqiyy spat blood and continued his prayer. 'Umar ibn al-Khattab prayed while blood was flowing from him. 'Ibbad ibn Bishr was hit with an arrow while praying, but continued his prayers." (Related by Abu Dawud, Ibn Khuzaimah, and al-Bukhari in mu 'allaq form.) Volume 1, Page 38a: Vomit Regardless of whether the amount of vomit was great or small, there is no sound hadith that it nullifies ablution. Volume 1, Page 38b: Eating camel meat That this does not nullify the ablution was the opinion of the four rightly guided caliphs, the companions and the following generation, although there is an authentic hadith that states one should make ablution after it. Said Jabir ibn Sumrah, "A man asked the Prophet, 'Should we make ablution after eating mutton?' He said, 'If you wish, make ablution. If you do not, do not make ablution.' The man asked 'Should we make ablution after eating camel meat?' He said, 'Yes."' Al-Barra' ibn 'Aazib related that someone asked the Prophet about praying in the dens of camels, and he said, "Do not pray therein, for they are of the devils." He asked about the dens of sheep, and he said, "Pray therein, for they are blessings. (Related by Ahmad, Abu Dawud and Ibn Hibban. ) Ibn Khuzaimah said, "I know of no dispute over the authenticity of this report." In summation, an-Nawawi can be quoted as saying, "This opinion has the strongest proof, although the majority of the scholars differ from it." Volume 1, Page 39: Of doubts whether or not one has released gas This is the case where the person cannot quite recall if he is in a state of purity or not. Such a state of mind does not nullify ablution, regardless of whether the person is in prayer or not, until he is certain that he has nullified his ablution. 'Abbad ibn Tameem related that his uncle queried the Prophet about a person who feels something in his abdomen while praying. Said the Prophet, "He should not leave (the prayer) until he hears it or smells it." (Related by Muslim, Abu Dawud and at-Tirmizhi). It does not mean that its sound or bad smell nullifies ablution, but that the person must be certain about the fact that he has nullified his ablution. Says Ibn al-Mubarak, "If one is uncertain about his condition of purity, he does not need to perform a new ablution." If one is certain that he has nullified his ablution and doubts whether he has purified himself or not, he must perform a new ablution. Volume 1, Page 39a: Laughing during prayer This does not nullify ablution, for there are no confirmed reports that state such a thing. Volume 1, Page 39b: Washing a dead person This also does not require a new ablution, for the reports that say it nullifies ablution are weak. Volume 1, Page 39c: Any type of ritual prayer This involves only obligatory, voluntary, or funeral prayers, not the supplications (du'a). This is based on Allah's statement, "O you who believe. When you get up to perform a prayer (salah) wash your face and your arms up to the elbows and wipe your head and feet to the ankles." Also, the Messenger of Allah, upon whom be peace, said, "Allah does not accept a prayer (that was performed while the person) was not in a state of purity. Nor does he accept charity from misappropriated booty." (Related by "the group," except for al-Bukhari.) Volume 1, Page 40: Circumambulating the Ka'bah Ibn 'Abbas reported that the Messenger of Allah said, "Circumambulation is a type of prayer, but Allah has permitted speaking during it. Whoever speaks during it should only speak good." This hadith is related by at-Tirmizhi, ad-Daraqutni, al-Hakim, Ibn as-Sakin and Ibn Khuzaimah, who classified it as sahih. Volume 1, Page 40a: Touching a copy of the Qur'an Abu Bakr ibn Muhammad related from his father on the authority of his grandfather that the Prophet, upon whom be peace, sent a letter to the people of Yemen which stated, "No one is to touch the Qur'an except one who is purified." Islaamic_Sharia_Law.pdf Page 118 of 571
Slide 119: This hadith is related by an-Nasa'i, ad-Daraqutni, al-Baihaqi and al-Athram. Of its chain, Ibn 'Abdul-Barr says, "It appears to be a continuous transmission." 'Abdullah ibn 'Umar reported that the Prophet, upon whom be peace, said, "No one is to touch the Qur'an unless he has purified himself." (Al-Haithami mentioned it in Majma' azZawaid and said its narrators are trustworthy.) Apparently, this hadith has a problem. The word "purify" must have one particular meaning here. Therefore, to say that one who has a minor defilement may not touch the Qur'an makes no sense. Concerning Allah's statement, "...which none touches save the purified," (alWaqi'ah 79), apparently the pronoun refers to "the Book kept hidden" (from the preceding verse) and that is "the wellpreserved tablet" and the "purified" refers to the angels, which is similar to the verses, "On honored scrolls, exalted, purified, (set down) by scribes, noble and righteous" (Abasah 13-16). Ibn 'Abbas, ashSha'bi, azhZhahak, Zaid ibn 'Ali, al-Mu'aiyad Billah, Dawud, Ibn Hazm and Hammad ibn Abu Sulaiman are of the opinion that one who has a minor defilement may touch the Qur'an. Most of the scholars, however, agree that such people may recite the Qur'an without touching it. Volume 1, Page 40b: While mentioning the name of Allah Al-Muhajir ibn Qunfuzh related that he greeted the Prophet, upon whom be peace, but that the latter did not return his salutation until he had made ablution: "There is nothing that prevented me from responding to you except that I do no like to mention the name of Allah unless I am in a state of purity." Said Qatadah, "Because of this, al-Hassan hated to recite the Qur'an or mention Allah's name unless he had performed ablution. (Related by Amad, Abu Dawud, an-Nasa'i and Ibn Majah.) Raeported Abu Juhaim ibn al-Harith, "The Prophet, upon whom be peace, met a person at the well of Jaml, who greeted him, but he did not return his greeting until he had wiped his face and hands." (Related by Ahmad, al-Bukhari, Muslim, Abu Dawud and an-Nasa'i.) This action was one of preference, not of obligation. Mentioning the name of Allah is permissible for the one who is in a state of purity, one who has a minor impurity, a person in post-sex impurity, or one who is standing, sitting, and so on. Said 'Aishah, "The Messenger of Allah used to remember Allah at all times." (Related by "the five," except for an-Nasa'i.) Al-Bukhari recorded it in mu'alliq form.) Reported 'Ali, "The Messenger of Allah would come from relieving himself, recite to us and eat meat with us. Nothing would stop him from the Qur'an except post-sex impurity." (Related by "the five." At-Tirmizhi and Ibn as-Sakin categorized it as sahih.) Volume 1, Page 41: Going to sleep Al-Barra' ibn 'Aazib reported that the Messenger of Allah, upon whom be peace, said, "When you go to your bed, perform ablution, lie on your right side and then say, 'O Allah, I submit my soul to You, and I turn my face to You. I entrust my affairs to You. I retreat unto You for protection with hope and fear in You. There is no resort and no savior but You. I affirm my faith in Your books which You revealed and in Your prophets you sent.' If you die during that night, you will be along the natural path. Make it your final statement (of the night). He reported that he repeated this supplication to the Prophet, upon whom be peace, and he said, "...and Your messengers." The Prophet interjected, "No,...'and the prophets You sent." (Related by Ahmad, al-Bukhari, and at-Tirmizhi.) This also applies to one who is in post-sex impurity . Ibn 'Umar asked the Prophet, "O Messenger of Allah, can one of us sleep while he is in post-sex impurity?" The Prophet answered, "Yes, if he makes ablution." Reported 'Aishah, "When the Prophet, upon whom be peace, wanted to sleep in a state of post-sex impurity, he would wash his private parts and perform ablution." (Related by "the group.") Volume 1, Page 41a: To remove a sexual impurity If a person in a state of post-sex impurity wants to eat, drink or have intercourse again, he should perform ablution. Said 'Aishah, "When the Prophet, upon whom be peace, was in a state of impurity because of intercourse and wanted to eat or sleep, he would perform ablution." 'Ammar ibn Yasar reported that the Prophet permitted a person in post-sex impurity to eat, drink or sleep if he performed ablution first. (Related by Ahmad and atTirmizhi, who classified it as sahih.) Abu Sa'eed reported that the Prophet, upon whom be peace, said, "If one has intercourse with his wife and wants to repeat the act, he should perform ablution." (Related by "the group," except for al-Bukhari. Ibn Khuzaimah, Ibn Hibban and al-Hakim recorded it with the addition, "It makes the return more vivacious.") Volume 1, Page 42: Before performing ghusl It is preferred to perform ablution before ghusl regardless of whether that particular ghusl was an obligatory or a preferred act. Said 'Aishah, "When the Messenger of Allah, upon whom be peace, performed post-sex ghusl, he would begin by washing his hands and then pour water from his right hand to his left and wash his private parts. He would then perform ablution.." (Related by "the group.") Volume 1, Page 42a: Before eating food touched by fire Islaamic_Sharia_Law.pdf Page 119 of 571
Slide 120: Said Ibrahim ibn 'Abdullah ibn Qarizh, "I passed by Abu Hurairah while he was performing ablution and he said, 'Do you know why I am making ablution? It is because I ate some yoghurt dried over a fire, for I heard the Messenger of Allah say, 'Perform ablution before eating food touched by fire." (Related by Ahmad, Muslim and "the four.") 'Aishah related that the Prophet, upon whom be peace, said, "Perform ablution from whatever touches fire." (Related by Ahmad, Muslim, an-Nasa'i and Ibn Majah.) This order is one of preference as the following hadith makes clear: 'Amr ibn Umayyah azhZhamari said, "I saw the Messenger of Allah, upon whom be peace, cutting a piece of a sheep's shoulder and eating it. He was then called to prayer. He put the knife down, prayed, and did not perform another ablution." (Related by al-Bukhari and Muslim.) Volume 1, Page 42b: Renewing the ablution for every prayer Said Buraidah, "The Prophet, upon whom be peace, made ablution for every prayer. On the day of the conquest of Makkah, he made ablution, wiped over his socks and prayed a number of times with just one ablution. 'Umar said to him, 'O Messenger of Allah, you did something that you have not done (before).' He answered, 'I did it on purpose, 'Umar."' (Related by Ahmad, Muslim and others.) Said Anas ibn Malik, "The Prophet, upon whom be peace, used to make ablution for every prayer." He was asked, "And what did you people use to do?" Malik said, "We prayed the prayers with one ablution unless we nullified it." (Related by Ahmad and al-Bukhari . ) Abu Hurairah reported that the Prophet said, "Were it not to be a hardship on my people, I would order them to make ablution for every prayer." (Related by Ahmad with a hassan chain.) Ibn 'Umar reported that the Prophet, upon whom be peace, said, "Whoever makes ablution while he is already in a state of purity will have ten good deeds written for him."~� (Related by Abu Dawud, at-Tirmizhi, and Ibn Majah.) Volume 1, Page 43: Notes of importance concerning ablution It is permissible to speak while performing ablution. There is nothing reported from the sunnah that prohibits it. Making supplications while washing the extremities is based on false hadith. It is best for the person to use only the supplications mentioned under the Sunnah Acts of Ablution. If the person who is making ablution has a doubt concerning how many times he has washed a particular part of the body, he should go by the number he is certain about. If any barrier or substance with weight, such as wax, is found on the body, it would invalidate one's ablution unless it is removed and the ablution is performed again. Coloring, like henna, is permissible, as it does not affect the ablution's correctness. People with unusual circumstances (i.e. women with "prolonged flows of blood"), people who cannot control their urine, people with flatulence, and so on, should perform one ablution for each prayer whether their problem exists all or part of the time. Their prayers will be acceptable even while their problems are occuring. One may be assisted by others in performing ablution. One may use a towel to dry himself during any time of the year. Volume 1, Page 44: Proof of its legitimacy Wiping over the socks is part of the sunnah. An-Nawawi states, "All those who qualify for Ijmaa' (consensus) agree that it is allowed to wipe over the socks--during travelling or at home, if needed or not--even a woman who stays at home or a handicapped person who cannot walk can do so. The Shi'ah and Khawarij reject it, but their rejection is not valid. Says Ibn Hajr in Fath al-Bari, "All of the preservers (of hadith) are of the opinion that wiping over the socks has come through a continuous transmission. Some have collected all of its narrations (from among the companions), and its number exceeds eighty. This includes hadith from the ten pepole who were promised Paradise." The strongest hadith on this point has been related by Ahmad, al-Bukhari, Muslim, Abu Dawud and at-Tirmizhi on the authority of Hammam anNakha'i who said, "Jarir ibn 'Abdullah urinated, performed ablution and wiped over his socks." It was said to him, "You do that and you have urinated?" He said, "Yes, I saw the Messenger of Allah, upon whom be peace, urinate and then do likewise." Said Ibrahim, "They were amazed at that hadith, because Jarir had embraced Islam after surah al-Ma'idah was revealed (10 AH). One of its verses calls for washing one's feet. This hadith helps us understand the verse by confining it to one Islaamic_Sharia_Law.pdf Page 120 of 571
Slide 121: who is not wearing socks. This constitutes a particular case, and the person who wears socks can just wipe over them. Volume 1, Page 44a: Wiping over slippers It is allowed to wipe over slippers, as this has been related from many companions. Says Abu Dawud, "Wiping over sandals (has been done by) 'Ali ibn Abu Talib, Ibn Mas'ud, al-Barra' ibn 'Aazib, Anas ibn Malik, Abu Umamah, Sahl ibn Sa'd and 'Amr ibn Hareeth. It has also been related from 'Umar ibn al-Khattab and Ibn 'Abbas." 'Ammar, Bilal ibn 'Abdullah ibn Abu Aufi and Ibn 'Umar also have hadith on this subejct. In Ibn alQayyim's Tahzhib as-Sunan, he relates from Ibn al-Munzhir, "Ahmad made a statement about the permissibility of wiping over slippers because of his fairness and justice. Nevertheless, the basis of this permissibility is the practice of the companions and a manifest analogy. There is no real difference between socks and slippers. It is correct that they take the same ruling. Most scholars say that one can wipe over either one." Those who permit it include Sufyan al-Thauri, Ibn al-Mubarak, 'Ata, al-Hasan and Sa'eed ibn alMusayyab. Commenting on this subject, Abu Yusuf and Muhammad said, "It is allowed to wipe over them if they are thick and completely hide what they cover." Abu Hanifah did not approve of wiping over thick slippers, but he changed his mind three or seven days before his death. He wiped over his slippers during his illness and said to his visitors, "I did what I used to tell people not to do." Al-Mughirah ibn Shu'bah reported that the Messenger of Allah, upon whom be peace, made ablution and wiped over his socks and slippers. This is related by Ahmad, at-Tahawi, Ibn Majah and at-Tirmizhi, who called it hassan sahih. Abu Dawud graded it weak.2 As it is permissible to wipe over socks so is it permissible to wipe over any foot covering, which has been used to avoid the cold or protect the wound, and so on. Of its permissibility, Ibn Taimiyyah says, "It is all right to wipe over foot covering because it takes precedence over wiping socks or slippers, for usually a foot covering is used for some need and to protect the feet from some harm. If wiping over the socks and slippers is allowed, then wiping over any foot covering should come first. Whoever claims that there is a consensus on the inadmissibility of wiping over foot coverings does so with a lack of knowledge. Not to speak of a consensus, he cannot prove its forbiddance even from the works of ten famous scholars." He goes on to say, "Whoever ponders over the words of the Messenger of Allah, upon whom be peace, and gives analogy its proper place, will know that the license from him was spacious on this subject and in accord with the beauty of Islamic law and the monotheistic magnanimity with which the Prophet had been sent." Even if there are some holes or cuts in the socks, it is permissible to wipe over them, as long as the person has only such socks to wear. Says al-Thauri, "The slippers of the emigrants and helpers were not free of cuts or holes, like the slippers of the people (in general). If this were a matter of concern, it would have been mentioned and related by them." Volume 1, Page 45: Conditions for wiping over the socks One must have put his socks (or whatever covering he is using) while in a state of purity. Said al-Mughirah ibn Shu'bah, "I was with the Messenger of Allah, upon whom be peace, one night during an expedition. I poured water for him to make ablution. He washed his face and arms and wiped his head. Then I went to remove his socks and he said, 'Leave them on, as I put them on while I was in a state of purity,' and he just wiped over them." (Related by Ahmad, al-Bukhari and Muslim). Al-Humaidi related in his Musnad that al-Mughirah reported, "We said, 'O Messenger of Allah, may we wipe over our socks?' He said, 'Yes, if you put them on while you were in a state of purity." The stipulations by the jurists that the socks must completely cover the foot to the ankle, and that one must be able to walk (a distance) in them alone, has been shown by Ibn Taimiyyah in his al-Fatawa to be weak. Volume 1, Page 46: The place to be wiped on a sock Islamic law prescribes that the top of the sock is to be wiped. Said al-Mughirah, "I saw the Messenger of Allah, upon whom be peace, wipe over the top of his socks." (Related by Ahmad, Abu Dawud and at-Tirmizhi, who called it hassan.) 'Ali observed, "If the religion was based on opinion, the bottom of the sock would take preference in being wiped to the top of the sock." (Related by Abu Dawud and ad-Daraqutni with a hassan or sahih chain.) What is obligatory in the wiping is what is meant by the lexicographical meaning of the word "wipe." There are no specifications authentically mentioned with respect to the wiping. Volume 1, Page 46a: The duration of the wiping For the resident, this period is one day and night. For the traveller, it is three days and nights. Said Safwan ibn 'Assal, "We were ordered (by the Prophet) to wipe over the socks if we were in a state of purity when we put them on, for three days if we were travellers, and for one day and night if we were residents. We did not remove Islaamic_Sharia_Law.pdf Page 121 of 571
Slide 122: them unless we were in post-sex impurity." (Related by ash-Shaf~i, Ahmad, Ibn Khuzaimah, at-Tirmizhi, and anNasa'i, who graded it sahih.) Shuraih ibn Hani said, "I asked 'Aishah about wiping over socks and she answered, 'For the traveller, three days and three nights; for the resident, one day and night." This hadith is related by Ahmad, Muslim, at-Tirmizhi, anNasa'i and Ibn Majah. Of its authenticity, al-Baihaqi says, "This is the most authentic report on this topic." Some say that the duration begins with the time of the wiping, while others say it begins from the time of nullifying the ablution after wearing the socks. Volume 1, Page 46b: The description of the wiping After the person completes his ablution and puts on his socks or slippers, it is proper for him to wipe over them later on when he wants to perform ablution. He is permitted to do that for one day and night if he is resident, and for three days and nights if he is a traveller. But if he is in post-sex impurity, he must remove his socks, in accordance with the preceding hadith of Safwan. Volume 1, Page 47: What invalidates the wiping The following invalidates the wiping: -1- The end of the permissible time period for wiping. -2- Post-sex impurity. -3- Removal of the socks. If (i) or (iii) occurs while the person was in a state of purity, he need only wash his feet. Islaamic_Sharia_Law.pdf Page 122 of 571
Slide 123: Fiqh-us-Sunnah, Volume 1: Ghusl, the complete ablution Ghusl means to wash the entire body with water. Says Allah in the Qur'an, "If you are sexually impure, purify yourselves." And, "They question you concerning menstruation. Say: It is an illness, so let women alone at such times and do not have sex with them until they are cleansed" (al-Baqarah 222). Volume 1, Page 49a: Actions requiring Ghusl The actions that require Ghusl are: Volume 1, Page 49b: Discharge of al-Mani owing to stimulation while asleep or awake The opinion of the jurists in general is that ghusl is a must should one have a discharge of al-mani (sperm) owing to stimulation while asleep or awake. Abu Sa'eed reported that he heard the Messenger of Allah, upon whom be peace, say, "Water (washing) is (needed) after (ejaculation of) sperm." (Related by Muslim.) Umm Salamah reported that Umm Sulaim said, "O Messenger of Allah, Allah is not ashamed of the truth. Does a woman have to perform ghusl if she has a wet dream?" He said, "Yes, if she sees the liquid." (Related by alBukhari, Muslim and others.) There are some other points of importance that need to be noted: Volume 1, Page 49c: If the sperm is discharged without any type of stimulation (owing to illness or extreme cold) In this case, ghusl is not obligatory. 'Ali reported that the Prophet, upon whom be peace, said to him, "If sperm is ejaculated, perform ghusl." (Related by Abu Dawud). Said Mujahid, "We were in a meeting in the mosque with the companions of Ibn 'Abbas (Tawus, Sa'eed ibn Jubair and 'Ikrimah). When he stood to pray, a man came in and said, 'Is there one who can give a legal verdict?' We said, 'Ask your question.' He said, 'Whenever I urinate, a liquid always follows it.' We asked, 'Is it the type of liquid that gives birth to children?' He said, 'Yes.' We said, 'Then you have to perform ghusl.' The man went away. Ibn 'Abbas hurried to finish his prayer, after which he told 'Ikrimah to bring the man back. He turned to us and said, 'Is your verdict found in the Book of Allah?' We said, 'No.' He asked, 'Is it based on the sayings of the Prophet, upon whom be peace?' We said, 'No.' 'Then from what?' We said, 'From our opinion.' He said, 'That is why the Messenger of Allah said that one learned man is more difficult for Satan than a thousand worshippers.' The man came and faced Ibn 'Abbas, who said to him, 'When that happens, is it owing to any stimulation?' He answered, 'No.' Ibn 'Abbas asked, 'Do you feel any numbness in your body?' He answered, 'No.' Said Ibn 'Abbas, 'That is from the cold. Ablution is sufficient."' Volume 1, Page 50: If one has a wet dream but does not find any traces of ejaculation There is no need for ghusl in this instance either. Ibn al-Munzhir said, "All of the knowledgeable people known to me agree on this point." The hadith of Umm Salamah mentioned earlier supports this proposition. Volume 1, Page 50a: If one wakes from sleep and finds some moistness, but does not recall any wet dream, though he is sure it is sperm, what should he do? To be safe, he should perform ghusl. Said Mujahid and Qatadah, "There is no need for ghusl until he is sure that it is sperm, for his prior condition of purity is not ended by an uncertainty . Volume 1, Page 50b: If a man squeezes his penis to prevent ejaculation This also makes ghusl unnecessary. This is based on the hadith which states that ghusl is required if the sperm can be seen. But, if the person walks and cannot control his ejaculation. he must perform ghusl. Volume 1, Page 51: Sperm on the clothes during prayer If a man does not know how the sperm got on his clothes, and he has already prayed, should he perform ghusl and repeat all of his prayers since the last time he slept? If he thinks that it happened before his most recent sleep, he should repeat all of his prayers since the supposed time of his ejaculation . Volume 1, Page 51a: Touching the two circumcised parts This refers to the penis and the vagina. If one's penis has entered his wife's vagina, ghusl is obligatory even if there was no ejaculation. Says Allah, "If you are sexually impure, purify yourselves." Commenting on the subject, ash-Shaifi says, "In the Arabic language, sexual impurity refers to any type of sexual intercourse, regardless of whether sperm was ejaculated or not. If someone says, 'So and so is sexually impure due to so Islaamic_Sharia_Law.pdf Page 123 of 571
Slide 124: and so,' it refers to any type of sexual intercourse between them, even if there was no ejaculation. No one disagrees that the fornication which requires the prescribed punishment is sexual intercourse, even if there is no ejaculation." Abu Hurairah reported that the Prophet, upon whom be peace, said, "When anyone sits between the four parts of her body and exerts himself (has intercourse), bathing becomes obligatory (for both)." (Related by Ahmad and Muslim.) Sa'eed ibn al-Musayyab reported that Abu Musa al-Ash'ari said to 'Aishah, "I would like to ask you something, but I am embarrassed." She said, "Ask and don't be shy, for I am your mother." He asked about a man who had intercourse but did not ejaculate. She said, on the authority of the Prophet, "If the two circumcised parts encountered each other, ghusl is obligatory." This hadith is related by Ahmad and Malik with different wordings. There is no doubt that there must be insertion; if there is only touching, ghusl is not obligatory for either. All scholars agree on this point. Volume 1, Page 51b: Women and their period Concerning menstruation and childbirth bleeding, Allah says in the Qur'an, "Do not approach them until they become pure. When they are pure, go to them in the manner that Allah has prescribed for you." The Messenger of Allah, upon whom be peace, said to Fatimah bint Abu Habish, "Do not pray during your period. After it has ended, perform ghusl and pray." (Related by al-Bukhari and Muslim.) Post-childbirth bleeding is treated in a similar manner, according to the consensus of the companions. If a woman gives birth and has no flow of blood afterwards, some scholars say that she must perform ghusl, while others say that it would not be necessary. There is no textual authority on this latter point. Volume 1, Page 52: Death When a Muslim dies, it is obligatory to wash his or her body, according to the consensus of the Muslims. This will be discussed in more detail later on. Volume 1, Page 52a: A non-Muslim upon embracing Islam New converts to Islam must perform ghusl. Abu Hurairah reported that Thumamah al-Hanafi was captured. The Prophet, upon whom be peace, passed by him and said, "What do you have to say for yourself, O Thumamah?" He said, "If you kill me, you would be killing a relative. If you give me a bounty (set me free), I would be thankful. If you want wealth (as a ransom), we can give you what you wish." The companions of the Prophet preferred the ransom and said, "What would we get if we killed him?" One time when the Prophet passed by him, he finally embraced Islam. The Prophet, upon whom be peace, untied him and told him to go to the garden of Abu Talhah and perform ghusl. He performed ghusl and prayed two rak'ah. The Prophet said, "Indeed, your brother became a fine Muslim." This hadith is related by Ahmad. There is also a source for the story in reports by al-Bukhari and Muslim. Volume 1, Page 52b: Prayer Volume 1, Page 52c: Circumambulating the Ka'bah The reasoning behind this can be found in What actions require the ablution as a prerequisite. Volume 1, Page 52d: Touching or carrying the Qur'an The companions were all agreed that it is forbidden to touch or carry the Qur'an while one is in a state of impurity. There are some jurists, such as Dawud ibn Hazm, who allow the physically unclean person, whether because of sex or menstruation, to touch or carry the Qur'an, and they see nothing wrong with this. He derives his support from a hadith in the two Sahihs in which it is stated that the Prophet sent a letter to Heraclius saying, "In the name of Allah, the Compassionate, the Merciful...O people of the book, come to a statement that is common between us and you, that we should worship none but Allah, and that we shall ascribe no partner unto Him, and that none of us shall take others for lords besides Allah. If they turn away, then say 'Bear witness that we are they who have surrendered (unto Him)." (al'Imran 64). Ibn Hazm concludes, "This is the letter the Messenger of Allah wrote, containing this verse, to the Christians, and of course they touched it." The majority of scholars answer him by stating that one is allowed to touch parts of the Qur'an that are used in letters, books, tafsir, and so on, as such things are not copies of the Qur'an, nor is it confirmed that such an action is forbidden. Volume 1, Page 53: Reciting the Qur'an According to most scholars, one who is physically unclean (because of sex or menstruation) may not recite any portion of the Qur'an. This is based on a hadith from 'Ali, in which he stated that nothing kept the Messenger of Allah, upon whom be peace, from the Qur'an save being sexually impure. This is related by "the four." AtTirmizhi graded it sahih. Says al-Hafez in al-Fath, "Some people declare some of its narrators weak. But, in fact, it is of the hassan class and it is satisfactory as a proof." He also related, "I saw the Messenger of Allah perform ablution and recite some of the Qur'an, after which he said, 'This is for the one who is not in post-sex impurity. If Islaamic_Sharia_Law.pdf Page 124 of 571
Slide 125: one is in post-sex impurity, he may not do so, not even one verse." Ahmad and Abu Ya'la related this hadith with that wording. With that wording, al-Haithami says, "Its narrators are trustworthy." Says ash-Shaukani, "If that (report) is authentic, that is proof enough that it is forbidden." The first hadith does not forbid it, for it just states that it was his practice not to recite the Qur'an while he was in post-sex impurity. Similar reports do not show that it is disliked. Therefore, how can it be used as a proof that it is forbidden?" Al-Bukhari, at-Tabarani, Dawud, and Ibn Hazm are of the opinion that it is permissible for one who is in post-sex impurity (or in menstruation) to recite the Qur'an. Says al-Bukhari, "Ibrahim said, 'There is no problem if a menstruating woman recites a verse.' Ibn 'Abbas did not see anything wrong with a sexually impure person reciting the Qur'an. The Prophet, upon whom be peace, used to mention Allah under all circumstances." In Ibn Hajr's notes to that work, he says, "There is no authentic hadith reported by the author (al-Bukhari) concerning the prohibition of reciting by one who is sexually impure or menstruating." The sum total of what has been related on this issue informs us on this point, though the interpretations differ. Volume 1, Page 54: Staying in the mosque It is forbidden for one who is physically unclean (because of sex or menstruation) to stay in the mosque. 'Aishah said, "The Messenger of Allah, upon whom be peace, saw that his companions' houses were practically in the mosque. He said, 'Direct those houses away from the mosque.' He then entered the mosque, but the people did nothing, hoping that Allah would reveal to Muhammad that what they were doing was permissible. After he came out, he said, 'Direct those houses away from the mosque, for it is not permitted for a menstruating woman or sexually impure person to be in the mosque." (Related by Abu Dawud.) Umm Salamah related that the Prophet, upon whom be peace, came to the mosque's courtyard and said at the top of his voice, "The mosque is off limits to menstruating women and the sexually impure persons." (Related by Ibn Majah and at-Tabarani.) Such people can, however, pass through the mosque, for says Allah, "O you who believe, draw not near unto prayer when you are drunk until you know that which you utter, nor when you are impure save when journeying upon the road, until you have bathed" (an-Nisa' 43). Said Jubair, "One of us used to pass through the mosque though he was impure." (Related by Ibn Abu Shaibah and Sa'eed ibn Mansur in his Sunan.) Zaid ibn Aslam said, "The companions of the Messenger of Allah, upon whom be peace, used to walk through the mosques while they were sexually impure." (Related by Ibn al-Munzhir.) Yazib ibn Habib reported that the companions' doors opened up into the mosque, and that when they were sexually impure, they could find no water or any path to water save through the mosque. Then Allah revealed, "...nor when you are impure, save journeying upon the road..." (Related by at-Tabari.) Commenting on the preceding reports, ash-Shaukani says,"The meaning is so clear that there is no room for doubt." Said 'Aishah, "The Prophet said to me, 'Hand me my cloth from the mosque.' I said, 'I am menstruating.' He said, 'Your menstruation is not in your hand." (Related by the group, except for al-Bukhari.) Said Maimunah, "The Messenger of Allah used to come to one of our rooms while we were menstruating and put his head on (his wife's) lap and recite the Qur'an. Then one of us would take his clothes and put them in the mosque while she was menstruating." (Related by Ahmad and an-Nasa'i. The report has supporting evidence.) Volume 1, Page 55: Actions for which ghusl is preferred This category of actions involves a reward for performing ghusl, and no blame if he does not. Such actions are: Volume 1, Page 55a: Before the Friday prayer Muslims are encouraged to perform ghusl before they gather for the Friday prayer. In fact, Islamic law even goes to the extent of ordering one to perform ghusl at this time as part of the overall cleanliness and hygiene of the Muslim society. Abu Sa'eed reported that the Prophet said,"Ghusl on Friday is obligatory (wajib) on every adult, as is using a toothbrush and applying some perfume." (Related by al-Bukhari and Muslim.) The meaning of "obligatory" here is that it is greatly recommended. This understanding of the Prophet's saying is derived from what al-Bukhari recorded about an incident from Ibn 'Umar about his father. One day, 'Umar ibn al-Khattab was standing and delivering the khutbah when 'Uthman, one of the people from among the emigrants and helpers, entered. 'Umar said to him, "What time is it now?" He said, "I was busy and could not return home. When I heard the call to prayer, I did not make more than the regular ablution." 'Umar said, "And the ablution only, when you know that the Messenger of Allah ordered us to perform ghusl ?" Commenting on the incident, says ash-Shaf'i, " 'Uthman did not leave the prayer to perform ghusl, nor did 'Umar order him to do so. This illustrates that the companions knew that this order was one of choice. It also shows that it is preferred." Muslim recorded that Abu Hurairah reported the Prophet saying, "Whoever makes the ablution and perfects it and then goes to the Friday prayer and listens attentively, will have forgiveness during (the period) between the Friday and the next (Friday), and an additional three days." Says al-Qurtubi, "This hadith shows that ghusl is preferred. The mention of ablution, the reward and acceptability points to the fact that ablution alone is Islaamic_Sharia_Law.pdf Page 125 of 571
Slide 126: sufficient.'' Ibn Hajr states in at-Talkhis, "It is one of the strongest proofs that ghusl for the Friday prayer is not obligatory. The statement that it is preferred is built upon the fact that if one does not perform ghusl, it will not harm (his prayer). But, if others are harmed by his perspiration or bad smell from his clothes and body, ghusl becomes obligatory, and not performing it detracts from the rewards of salah. Some scholars say that the Friday ghusl is a duty even if its non-performance causes no harm (to others). Their basis for this opinion is the hadith related by Abu Hurairah in which the Prophet, upon whom be peace, said, "It is a duty upon every Muslim to perform ghusl once every seven days, by washing his head and body." Al-Bukhari and Muslim accept the hadith mentioned on the subject in their apparent meanings, and refute the ones contrary to the last hadith (of Abu Hurairah). The time for the Friday ghusl is between dawn and the time of the Friday prayer. It is preferable to do it at the time of departure (to the mosque). If one loses his ablution after that, it is sufficient for him just to make a new ablution (he does not have to repeat the ghusl). Says al-Athram, "I heard Ahmad being asked if a person performed ghusl, and then lost it, would the regular ablution be sufficient for him. He said, 'Yes, and I have not heard anything about that preferable to the hadith of Ibn 'Abzi," Ahmad is referring to the hadith related by Ibn 'Abzi Shaibah (with a sahih chain from 'Abdurahman ibn 'Abzi on the authority of his father, who was a companion.)He performed ghusl for the Friday prayer, and afterwards nullified his ablution. After that, he performed just the regular ablution, and did not repeat his ghusl. The time for the ghusl ends with the time of the prayer. If one performs ghusl after the prayer, it would not be the ghusl of the Friday prayer, and one who does so is not following the Prophet's order. Ibn 'Umar reported that the Prophet said, "Before you come to the Friday prayer, you should perform ghusl. (Related by "the group.") Muslim says, "When one of you wants to come to the Friday prayer, he should perform ghusl." Ibn 'Abdul-Barr related that there is a consensus on this point. Volume 1, Page 56: Performing ghusl for the 'Id prayers Scholars also encourage Muslims to perform ghusl for the 'id prayers, even though there is no authentic hadith to support this opinion. It says in al-Badr alMuneer, "The hadith concerning performing ghusl for the 'ids are weak. But there do exist good reports from the companions (on this point) . " Volume 1, Page 56a: Ghusl for washing a corpse According to many scholars, performing ghusl is also preferred for one who has washed a corpse. Abu Hurariah reported that the Prophet, upon whom be peace, said, "Whoever has washed a corpse must perform ghusl, and whoever carried him must perform ablution." (Related by Ahmad, Abu Dawud, at-Tirmizhi, an-Nasa'i, Ibn Majah and others.) However, there is some criticism of this hadith. 'Ali ibn al-Madani, Ahmad, Ibn al-Munzhir, ar-Rafi' and others say, "The hadith scholars did not classify anything on this topic as authentic." But Ibn Hajr quotes atTirmizhi and Ibn Hibban: "At-Tirmizhi called it hassan and Ibn Hibban called it sahih. And, due to its numerous chains, it is most likely hassan. An-Nawawi strongly refutes what at-Tirmizhi said." Says azh-Zhahabi, "The chains of this hadith are stronger than a number of chains of the hadith that the jurists argue by." The order in the hadith implies preference, based on what has been related by 'Umar, who said, "We used to wash the dead. Some of us would perform ghusl and some would not." (Related by al-Khateeb with a sahih chain.) When 'Asma bint Umaish washed the body of her deceased husband, Abu Bakr as-Siddiq, she asked if there were any among the emigrants present, and said, "This day is extremely cold and I am fasting. Do I have to make gh usl?" They said, "No." (Related by Malik.) Volume 1, Page 57: Making Ghusl for Hajj According to the scholars, it is also preferable for one who is undertaking the pilgrimage or 'umrah to perform ghusl. Zaid ibn Thabit related that he saw the Messenger of Allah, when he intended to perform the hajj, perform ghusl. (Related by ad-Daraqutni, al-Baihaqi and at-Tirmizhi, who called it hassan. As-Usaili regarded it as weak.) Volume 1, Page 57a: Making Ghusl upon entering Makkah It is preferable for whoever wants to enter Makkah to perform gh usl. It is reported that Ibn 'Umar, when going to Makkah, would spend the night in Tawa, and would enter Makkah during the day. He mentioned that the Prophet, upon whom be peace, also used to do this. (Related by al-Bukhari and Muslim.) Ibn al-Munzhir said, "All of the scholars say it is preferred to perform ghusl upon entering Makkah, but if one does not do so, there is no expiation for him to make. Most of them say that the regular ablution is sufficient. Volume 1, Page 57b: Making Ghusl at Mount 'Arafah Such an act is preferred while one stops there during the hajj. Malik ibn Nafa' reported that Ibn 'Umar used to do so before embarking upon the hajj, upon entering Makkah, and while stopping at 'Arafah. Volume 1, Page 57c: The intention Islaamic_Sharia_Law.pdf Page 126 of 571
Slide 127: This involves distinguishing the acts of worship from the customary acts. The intention is only in the heart, and should not be stated, as this would be tantamount to innovation. Volume 1, Page 58: Washing all bodily parts This is based on the following: Says Allah, "If you are sexually impure, cleanse yourselves," that is, perform ghusl, and "They ask you concerning menstruation. Say: 'It is an illness, so leave women alone at such times and go not in unto them until they are cleansed," that is, until they perform ghusl. The proof that cleansing means ghusl is in the verse, "O you who believe, draw not unto the prayer when you are drunk until you know what you utter, nor when you are polluted, save when journeying upon the road, until you have bathed (taghtasilu)." This shows that ghusl, the washing of all bodily parts, is meant. Volume 1, Page 58a: How ghusl is performed According to the practice of the Prophet, upon whom be peace, the correct manner of performing ghusl is: -1- wash both hands three times, -2- wash the penis, -3- make a complete ablution (like the one made for prayer--the Prophet used to delay washing his feet until the end of his ghusl if he was using a tub, and so on), -4- rub water through one's hair three times, letting the water reach down to the roots of the hair, -5- pour water over the entire body, begining with the right side, then the left, washing under the armpits, inside the ears, inside the navel, inside the toes and whatever part of the body can be easily rubbed. This account is based on the following report from 'Aishah: "When the Prophet, upon whom be peace, took his bath after sexual intercourse, he would begin by washing his hands. Then he would pour water from his right hand to his left and wash his sexual organs, make the ablution for prayer, take some water and put his fingers to the roots of his hair to the extent that he sees that the skin is wet, then pour water over his head three times and then over the rest of his body." (Related by al-Bukhari and Muslim.) In one narration it states, "He used to rub his head with his hands until he was certain the water reached his skin, and then he poured water over it three times." It is also related that she said, "When the Prophet would perform ghusl after having had sexual intercourse, he would call for some water, which he would pour on his right hand to wash the right side of his head and then the left. He would then take water with both hands and pour it over his head." Said Maimunah, "I put water out for the Messenger of Allah to perform ghusl. He washed his hands two or three times, and then he poured water from his right hand to his left and washed his private parts, wiped his hands on the earth, rinsed his mouth and nose, washed his face and hands, washed his head three times, poured water over his body, and finally moved from his place and washed his feet. I brought him a towel, but he did not take it, for he shook the water off with his hands." (Related by "the group.") Volume 1, Page 59: Ghusl for women A woman performs ghusl just as a man does, except that if she has plaited hair she does not have to undo it, provided that the water can reach the roots of her hair. Umm Salamah said, "O Messenger of Allah, I am a woman who has closely plaited hair on my head. Do I have to undo them for ghusl after sexual intercourse?" He said, "No, it is enough for you to throw three handfuls of water on your head and then pour water over yourself. After doing this, you shall be cleansed." (Related by Ahmad, Muslim and at-Tirmizhi, who called it hassan sahih.) 'Ubaid ibn 'Umair reported that 'Aishah discovered that 'Abdullah ibn 'Amr was ordering the women to undo their plaits of hair (for ghusl). She observed, "It is amazing that Ibn 'Amr orders the woment to undo the plaits of hair for ghusl. Why doesn't he just order them to shave their heads? I and the Messenger of Allah used to bathe from one vessel, and all I did was pour three handfuls of water over my head."(Related by Ahmad and Muslim.) It is preferrable for a woman performing ghusl to cleanse herself from menstruation or post-childbirth bleeding to take some cotton smeared with musk or perfume and wipe it over the traces of blood. This will remove the bad smell of the menstrual blood. 'Aishah reported, "'Asma bint Yazid asked the Messenger of Allah about ghusl after menstruation has ended. He said, "She should use water mixed with the leaves of the lote-tree and cleanse herself. Then she should pour water over her head and rub it well till it reaches the roots of the hair, after which she should pour water over it. Afterwards, she should take a piece of cotton smeared with musk and cleanse herself with it." 'Asma asked, "How should she cleanse herself with it?" He said, "Praise be to Allah, she should cleanse herself with it." 'Aishah said in a subdued tone that she should apply it to the traces of blood. 'Asma then asked about bathing after sexual intercourse. He said, "She should take water and cleanse herself or complete the ablution, pour water on her head and rub it till it reaches the roots of her hair, and then she Islaamic_Sharia_Law.pdf Page 127 of 571
Slide 128: should pour water over herself." 'Aishah observed, "How good are the women of the 'helpers' that shyness does not keep them from learning their religion." (Related by "the group," except at-Tirmizhi.) Volume 1, Page 60: Questions related to Ghusl It is sufficient to perform one ghusl for both menstruation and sexual impurity, or for the Friday prayer and the 'id prayer, or for sexual impurity and the Friday prayer, if one has the intention for both of them. This is based on the Prophet's saying, "All acts are based on intentions." If a person performed post-sex ghusl but did not make ablution, the ghusl will suffice. Said 'Aishah, "The Messenger of Allah did not perform ablution after ghusl." Ibn 'Umar said to a man who had told him that he performed ablution after ghusl, "You went too far." Says Abu Bakr ibn al-'Arabi, "There is no difference of opinion among the scholars that ablution falls under the category of ghusl. If the intention was to remove sexual impurity, it also includes the minor impurities, as what sexual impurity prevents is greater than what the minor impurities prevent. The smaller one falls under the greater one, and the intention for the greater one suffices.'' It is acceptable for a person in post-sex uncleanliness or a menstruating woman to remove their hairs, cut their nails, go to the markets, and so on, without any dislike. 'Ata said that such people can get cupped, cut their nails and their hair, and that this is allowed even if he (or she) has not performed the regular ablution. (Related by alBukhari). One may enter a public bathroom. As long as he keeps his private parts from being seen, and he does not look at others' private parts. Says Ahmad, "If you know that everyone inside the bathroom is wearing a loincloth, you may enter. If not, then don't enter." The Prophet, upon whom be peace, said, "A man should not look at another man's private parts, and a woman should not look at another woman's private parts." There is no problem with mentioning Allah's name in the public baths, as mentioning the name of Allah under any circumstances is good, since there is no text prohibiting it. The Messenger of Allah used to remember Allah under all circumstances. There is no problem in drying one's self with a towel or other cloth after performing ablution or ghusl during the summer or winter. It is permissible for a man to use the water left over by a woman and vice-versa. This is derived from the fact that it is permissible for them to perform ghusl from the same container. Ibn 'Abbas narrated that some of the Prophet's wives were performing ghusl from a container. The Prophet came and performed his ablution or ghusl from it. They said to him, "We were sexually unclean." He said, "The water does not become impure." (Related by Ahmad, Abu Dawud, an-Nasa'i and at-Tirmizhi, who called it hassan sahih). 'Aishah used to wash with the Messenger of Allah from one container, and they would take turns taking water until he said, "Leave some for me, leave some for me." It is not allowed to bathe in the nude in front of people. It is forbidden to uncover one's private parts. If you cover it with some clothes, it is permissible. The Messenger of Allah would cover Fatimah with a curtain when she performed ghusl. If one performs ghusl in the nude, far away from the people, it is not prohibited. The prophets Musa (Moses) and Ayyub (Job) did so, as al-Bukhari, Ahmad, and an-Nasa'i recorded. Islaamic_Sharia_Law.pdf Page 128 of 571
Slide 129: Fiqh-us-Sunnah, Volume 1: Tayammum, the dry ablution Definition. Literally tayammum means "aim, purpose." In Islamic law, it refers to "aiming for or seeking soil to wipe one's face and hands with the intention of preparing oneself to pray, and so on." Volume 1, Page 63a: Proof of its legitimacy This is proven by the Qur'an, sunnah and Ijmaa' (consensus). The Qur'an says, "And if you are ill, or on a journey, or one of you comes from relieving himself, or you have touched women, and you do not find water, then go to high clean soil and rub your face and hands (therewith). Lo, Allah is Benign, Forgiving" (an-Nisa': 43). From the sunnah we have the hadith related by Abu Umamah in which the Prophet, upon whom be peace, said, "All of the earth has been made for me and my nation a pure place of prayer. Whenever a person from my nation wants to pray, he has something with which to purify himself, that is, the earth." (Related by Ahmad.) Finally, there is a consensus that tayammum forms a legitimate part of the shari'ah, as it replaces ablution or ghusl under specific circumstances. Volume 1, Page 63b: Blessing from Allah This form of ablution is viewed as a blessing from Allah to the Muslims. Jabir relates that the Prophet, upon whom be peace, said, "I have been given five things that were not given to anyone before me: I have been made victorious due to fear for a distance of one month's journey; the earth has been made a place of prayer for me--wherever and whoever of my nation wants to pray, he may pray; and the war booty has been made lawfal for me, and this was not lawful for anyone before me. I have been given permission to intercede. The prophets used to be raised for their own people only, but I have been raised for all of mankind." (Related by al-Bukhari and Muslim.) Volume 1, Page 64: The reason for its legitimacy Said 'Aishah, "We went out with the Messenger of Allah on one of his journeys until we reached Baida'. At this place, one of my bracelets broke and fell somewhere. The Messenger of Allah and others began to look for it. There was no water at that place, nor did anyone have any water with him. The people went to Abu Bakr and said, "Do you see what your daughter has done?" Abu Bakr came to me, while the Prophet was sleeping on my thigh. He blamed me and said to me whatever Allah willed him to say. He also poked me in my side. I could not move, for the Prophet, upon whom be peace, was sleeping on my lap. He slept until the morning without any water available. Then, Allah revealed the verse of tayammum. As-Sayyid ibn Huzhain said, 'That was not the first blessing from the family of Abu Bakr.' The camel that I was on got up and we found the necklace underneath it." (Related by "the group," except for at-Tirmizhi.) Volume 1, Page 64a: One cannot find water, or the amount one finds is insufficient for ablution 'Imran bin Husain said, "We were with the Messenger of Allah during a journey. When he led the people in prayer, one man stayed apart. He asked him, "What prevented you from praying?" He said, 'I need a postnocturnal bath and there is no water.' He said, 'Use the soil, for it is sufficient.''' (Related by al-Bukhari and Muslim.) Abu Zharr related that the Prophet, upon whom be peace, said, "The soil is a purifier for a Muslim, even if he does not find water for twenty years." (Related by "the four." At-Tirmizhi grades it hassan sahih.) But before one makes tayammum, he must look for water from any posible source. If he is sure water is not to be found or it is too far away, he does not have to look for it. Volume 1, Page 64b: One is injured or ill If one is in this condition, and believes water will worsen it (he does not have to be absolutely sure, but may base his opinion on past experience or what a knowledgeable person has told him), he may perform tayammum. Jabir said, "We were on a journey and one of us got injured. Later, he had a wet dream. He asked his companions, 'Can I perform tayammum?' They said, 'No, not if you have water.' He performed ghusl and died. When they came to the Messenger of Allah, they informed him of what had transpired. He said, 'They killed him, Allah will kill them. Do you not ask if you do not know? The rescue of the ignorant person is the question. He could have performed tayammum and dropped water on his wound or wrapped it with something and wipe over the wrapping, and wash the rest of his body." This is related by Abu Dawud, Ibn Majah, adDaraqutni and Ibn as-Sakin, who said it is sahih. Volume 1, Page 65: If the water is cold enough to physically harm the user This is only allowed on the condition that he can find no one to heat it, or is unable to use the public bathrooms. 'Amr ibn al-'Aas narrated that he was participating in an expedition. He had a wet dream during an extremely Islaamic_Sharia_Law.pdf Page 129 of 571
Slide 130: cold night, and was afraid that if he performed ghusl he would die. He prayed the morning prayer with his companions. He then went to the Messenger of Allah, upon whom be peace, to ask him about this. Muhammad said, "O 'Amr, did you pray with your companions while you needed a post-nocturnal bath?" 'Amr mentioned the verse, "Do not kill yourselves, Allah is merciful to you" to the Prophet. The Prophet just laughed and didn't say anything. (Related by Ahmad, Abu Dawud, al-Hakim, ad-Daraqutni, Ibn Hibban and al-Bukhari in mu'allaq form.) This example illustrated the Prophet's tacit approval. Volume 1, Page 65a: When water is nearby, but one does not want to fetch it due to fear If one fears for his life, family, wealth, (for example, if an enemy is nearby--beast or human--or one is a prisoner, and so on), one may perform tayammum. This is also allowed if there is water but one lacks the proper means to get it, or if one fears some accusation against him if he gets it. Volume 1, Page 65b: If one is saving his water for later use This could be for a hound, for dough, cooking or to remove an impurity that is not pardonable. Says Imam Ahmad, "Many of the companions performed tayammum to save their water for drinking." 'Ali said that a man who is travelling and becomes unclean because of sex or a wet dream can perform tayammum if he fears he will go thirsty: "He should perform tayammum and not ghusl." (Related by ad-Daraqutni.) Says Ibn Taimiyyah, "If a person needs to relieve himself but has only a small amount of water, it is best that he pray with tayammum and relieve himself, rather than keep his ablution and pray before relieving himself." Volume 1, Page 66: One can get water, but fears that the prayer will be over by the time he gets it He can perform tayammum and pray, and does not need to repeat his prayer (after he gets water). Volume 1, Page 66a: The soil used for tayammum It must be pure soil: this can be sand, stone, gypsum, and so on. Says Allah, "Perform tyammum with pure soil," and all scholars of Arabic agree that "soil" is whatever covers the earth, dirt or otherwise. Volume 1, Page 66b: How to perform tayammum First, one must have the intention (see the section on ablution). Then, he mentions Allah's name, strikes the soil with his hands, wipes his face and his hands up to the wrist. Nothing is more authentic and clear than what 'Ammar related. He said, "We became sexually impure and had no water, so we rolled in the dirt and prayed. This was mentioned to the Prophet and he said, 'This would have been enough for you,' and he struck the earth with his hands, blew in them and then wiped his face and hands with them." (Related by al-Bukhari and Muslim). In another text he states, "It would have been enough for you to strike the ground with your hands, blow into them, then wipe your face and hands up to the elbows." (Related by ad-Daraqutni.) This hadith shows that one strike of the earth is sufficient, and one only wipes the arms to the wrists. It is from the sunnah that one who makes tayammum with dirt should blow into his hands first and not make his face dusty or dirty. Volume 1, Page 66c: What tayammum makes permissible After doing so, he is pure and may do any of the acts requiring prior purification, such as praying and touching the Qur'an. He does not have to perform it during the time of prayer, and he may pray as many prayers as he wishes (unless he nullifies it), exactly as he can after performing the regular ablution. Abu Zharr reported that the Prophet said, "The soil is a purifier for a Muslim, even if he does not find water for twenty years. Then if he touches water, that is, to make ablution, and so on, it would be good." This is related by Ahmad and at-Tirmizhi, who said it is sahih. Volume 1, Page 66d: What nullifies tayammum In addition to the presence of water, everything that nullifies the ablution nullifies tayammum. If a person prays after performing tayammum and then finds water, he does not need to repeat his prayer even if there is time left to do so. Abu Sa'eed al-Khudri said, "Two men went out on a journey. The time of prayer came and, as they had no water, they performed tayammum. Then they found some water during the time of the same prayer. One of them repeated his prayer with ablution and the other did not. When they saw the Messenger of Allah, they asked him about the proper procedure in such a case. He said to the one who did not repeat his prayer, 'You have acted according to the sunnah and your prayer is sufficient for you.' He said to the other, 'You will get a double reward."' (Related by Abu Dawud and anNasa'i.) If one comes across water before he prays or finishes his prayer with tayammum, his prayer becomes null and void, for he must make ablution with water. If a person is not clean because of sex or a wet dream, or a woman is menstruating, and they pray after performing tayammum, they need not repeat their prayer after finding water, but they must perform ghusl with water when they can. 'Umar said, "The Prophet led the people in prayer, and afterwards saw a man who had not prayed. He said, 'Why didn't you pray with us?' The man replied, 'I was sexually unclean and there was no water.' He told Islaamic_Sharia_Law.pdf Page 130 of 571
Slide 131: him, 'Use the soil, and it will be enough.' 'Imran then mentioned that they later found water. The Prophet, upon whom be peace, brought a bowl of water for the man and told him to perform ghusl. (Related by al-Bukhari.) Volume 1, Page 67: Wiping Over Casts, Wrappers and Similar Items It is allowable to wipe over any wrapper or diseased or injured bodily part. There are many hadith on this point, and although they are all weak, their many chains strengthen each other, making them valid to talk about. One hadith, that of Jabir (quoted earlier), relates a story about a man who was on a journey and suffered an injury. While he slept, he had a wet dream, after which he asked his companions if he could perform tayammum. They said he could not, so he made ghusl and died because of it. When that was mentioned to the Prophet, he said "They killed him, may Allah kill them. Do you not ask about what you do not know? ... It would have been enough for him to perform tayammum and drop a little water over his wound or else wipe it, then to wipe it and wash the rest of the body." This is related by Abu Dawud, Ibn Majah, ad-Daraqutni and Ibn as-Sakin, who classified it as sahih. Ibn 'Umar used to do this. In fact, it is obligatory to wipe over such casts or wrappers in ablution or ghusl instead of washing the injured parts. This must be done even if he has to heat the water. But, if he believes that this would harm the diseased or injured part, or that his condition may worsen, or that his pain would increase, he may wipe the injured part with water. If he fears that this would also be harmful, he should wrap it and then gently wipe over it. It is not necessary for him to be in a state of purity while applying the cast or wrapper to be wiped. There is also no time limit for such wipings, for he can do so as long as his condition lasts. Removing the wrapper or cast nullifies the wiping, as does the final cure. Volume 1, Page 68: The Prayer of One Who Has no Means of Purifying Himself Whoever cannot get water or soil may pray in whatever state he is in, and he will not have to repeat his prayer later. This is based on what Muslim related from 'Aishah. She had borrowed some jewelry from 'Asma and it broke (and fell). The Messenger of Allah, upon whom be peace, sent some people to search for it. The prayer time came and they had to pray without ablution. When they came to the Prophet, they complained to him and the verses of tayammum were revealed. Usaid ibn Huzhair said, "May Allah give you good recompense. Allah never reveals an order with respect to you except that He removes by it some hardship and gives the Muslims some benefit." The companions prayed while in a state of impurity, but the Prophet did not admonish them nor did he order them to repeat their prayers. Says an-Nawawi, "That is the strongest statement of proof (on this question)." Islaamic_Sharia_Law.pdf Page 131 of 571
Slide 132: Fiqh-us-Sunnah, Volume 1: Menstruation In Arabic, the word for menstruation (haizh) literally means "running." Here it refers to the discharge of blood during a woman's state of health, not from giving birth or breaking the hymen. Most scholars say that its time begins at the age of nine. If blood is seen before that age, it is not menstrual blood, but is considered to be putrid blood. As there is no evidence about when a woman stops menstruating, if an elderly lady finds blood flowing it is considered menstrual blood. Volume 1, Page 69a: Requirements for blood to be considered menstrual -1- Dark. Once, when Fatimah bint Abu Habash had a prolonged flow of blood, the Prophet told her, "If it is the blood of menstruation, it will be dark and recognizable. If it is that, then leave the prayer. If it is other than that, then make ablution and pray, for it is only due to a vein." This is related by Abu Dawud, an-Nasa'i, Ibn Hibban and ad-Daraqutni, who said all of its narrators are trustworthy. Al-Hakim also related it, and said that it meets Muslim's standards. -2- Red. It is the original color of blood. -3- Yellow. It is a liquid, like pus. -4- A muddy color. It is an intermediate color between black and white, like dirt. Malik and Muhammad al-Hassan ( and al-Bukhari in mu'allaq form) recorded that women would send 'Aishah small boxes with yellow-stained cotton, and she would tell them, "Do not be in haste until you see the pure white cotton." If the discharge is yellow or muddy during the days of menstruation, it is to be considered as part of the menses. During other days, it is not regarded as such. Umm 'Atiyyah said, "After we were pure, we did not consider the yellow or muddy discharge to be anything." This is related by Abu Dawud and al-Bukhari, but without the words "...after we were pure.. ." Volume 1, Page 70: There is no stated minimum or maximum length of time for the menses All statements dealing with this topic have no sound backing. If a woman has a customary length of time for her menses, she should according to it. Umm Salamah asked the Prophet about a woman with a prolonged flow of blood. He said, "She should look for the number of days and nights that she usually has her menses and the time of the month during which it occurs. Then she should leave the prayer (during those days, and then afterwards) perform ghusl, tie something around her vagina and pray." (Related by "the five,'' except for atTirmizhi.) If she has no customary period to go by, then she can try to distinguish between the different types of blood. This practice is based on the previously quoted hadith of Fatimah bint Abu Hubaish, which states that menstrual blood is distinguishable and well-known to women. All scholars agree that there is no minmum or maximum time limit between two menstrual periods. Some say that the latter period is fifteen days, while others say it is three days. Volume 1, Page 70a: Post-Childbirth bleeding Such bleeding occurs after the birth of a child, regardless if the child survived the birth or not. This type of bleeding has no minimum duration, for it could stop right after the birth, or there could even be no blood. Therefore, her confinement would end and she would be obliged to fast, pray, and so on. The maximum duration is forty days. Said Umm Salamah, "During the lifetime of the Prophet, the post-childbirth woman would be in confinement for forty days." (Related by "the five," except for an-Nasa'i.) After recording the hadith, at-Tirmizhi states, "The knowledgeable companions, the following generation and those that came later agree that a woman experiencing post-childbirth bleeding had to stop praying for forty days unless her blood stopped. If her bleeding stops before that time, she is to make ghusl and start praying. If she sees blood after forty days, most scholars say that she is not to stop praying." Volume 1, Page 71: Forbidden Acts for Women Experiencing Menstruation and Post-Childbirth Bleeding All acts forbidden for a person who has not yet cleansed himself from sex or a wet dream are prohibited to women in these two conditions, as these are considered major impurities. But, there are also two further prohibitions: Volume 1, Page 71a: They cannot fast, menstruating women If women fast, their fasting will be considered null and void. If they fast during the month of Ramadan, they will still have to make those days of fasting up later on. Mu'azhah said, "I asked 'Aishah, 'Why must we make up the fasts missed due to our menstruation, and not the prayers?' She said, 'That was what the Messenger of Allah Islaamic_Sharia_Law.pdf Page 132 of 571
Slide 133: told us to do. We were ordered to make up the fasts, and we were ordered not to make up the prayers." (Related by "the group.") Volume 1, Page 71b: She can not engage in sexual intercourse Said Anas, "When a Jewish woman was menstruating, her husband would not eat or sleep with her. The companions asked the Prophet, upon whom be peace, about that, and Allah revealed: "They question you concerning menstruation. Say: 'It is an illness, so let women alone at such times and go not in unto them until they are cleaned. And when they have purified themselves, then go in unto them as Allah has enjoined upon you. Truly, Allah loves those who turn unto Him and loves those who have a care for cleanliness" (al-Baqarah 222). The Messenger of Allah also said, "Do everything except intercourse." (Related by "the group," except for al-Bukhari.) In his comments on the subject, an-Nawawi states, "If a Muslim believes it is permissible to have intercourse with his menstruating wife, he becomes an unbelieving apostate. If he does it, not thinking that it is permissible, but out of forgetfulness or not knowing that it is forbidden or not knowing that his wife was menstruating, then there is no sin or expiation upon him. If he does it on purpose, knowing that it is forbidden, he has committed a grave sin and must repent. There are two opinions on this: the more correct one is that there is to be expiation." He further says, "All scholars say that one may touch anything above the navel or below the knees. Most scholars say that it is permissible to touch what is between the navel and the knees, but not the vagina or anus." An-Nawawi concludes that it is permitted but hated, as that is the strongest position from the evidence . This evidence is based upon the practice of the Prophet's wives: when he wished to be with them during their period, they would put something over their vagina. (Related by Abu Dawud.) Al-Hafez observes, "Its chain is strong." Masruq ibn al-Ajda' asked 'Aishah, "What is off limits to me sexually during my wife's menstruation?" She said, "Nothing, except the vagina." (Related by alBukhari in his Tarikh.) Volume 1, Page 72: Women with Prolonged Flows of Blood Islam defines such an occurrence as the flowing of blood outside of the regular time. This usually happens in three specific cases. In the first case, the woman knows that her flow of menstrual blood is lasting longer than usual. In such a case, she will act according to her customary period, and the remainder will be considered days of prolonged blood flows. This is based on the hadith of Umm Salamah, in which she asked the Messenger of Allah, upon whom be peace, about this condition. He said, "She should wait for the days and nights of her normal period and figure them out of the month, and she should leave the prayer during those days. (Afterwards) she should perform ghusl, tighten something around her vagina and then pray." (Related by Malik, ash-Shafi and "the five," except for at-Tirmizhi.) Evaluating the report, an-Nawawi says, "Its chain meets the conditions (of al-Bukhari and Muslim)." Al-Khattabi holds, "That regulation is for the woman who is experiencing prolonged blood flows. If the blood is flowing, the Prophet ordered her to leave the prayer during her regular period, and to perform ghusl after her customary time has passed. Then, she becomes just like any other purified person." In the second case, a woman does not know her period well enough to determine if she is experiencing menstrual bleeding or a prolonged flow of blood. In that case, her menstruation is considered to be six or seven days, which is the most common among women. Said Jamnah bint Jahsh, "I had a very strong prolonged flow of blood. I went to the Prophet to ask him about it. When I asked him if I had to stop praying and fasting, he said 'Tie around a cloth, and it will stop.' I said, 'It is greater than that.' He said, 'Curb it.' I said, 'It flows greatly.' He then said, 'You may do one of two things: either one will suffice. Which one you are able to do you know best. This is a strike from Satan. Be on your period for six or seven days, which Allah knows, and then perform ghusl until you see that you are clean. Pray for fourteen nights or thirteen nights and days and fast, and that will be sufficient for you. Do that every month as the other women become pure and menstruate. If you can, you may delay the noon prayer and hasten the afternoon prayer. Perform gh usl and pray the noon and afternoon prayers together. Then delay the sunset and hasten the night prayers and pray them together. Perform ghusl for the morning prayer and pray it. This is how you may pray and fast if you have the ability to do so..." And he said, "That is the more loved way to me." As to the authenticity of the hadith, it is related by Ahmad, Abu Dawud and at-Tirmizhi, who grades it as hassan sahih. He says, "I asked al-Bukhari about it, and he called it hassan." Ahmad ibn Hanbal says it is hassan sahih. Al-Khattabi observes, in a note to this hadith, that this is for the woman who is a "beginner" and does not know her regular days of menstruation. The Prophet told her to act according to the customary situation of women, and to consider herself as having her period only once a month, like most women. His statement, 'As women Islaamic_Sharia_Law.pdf Page 133 of 571
Slide 134: menstruate and as they become pure' points to this fact. This is by analogy to the affairs of women with respect to each other in menstruation, pregnancy, maturity and other affairs of theirs." In the third case, a woman has a regular period, but she is able to distinguish the blood. She should, therefore, behave according to the type of blood she sees. Fatimah bint Abu Hubaish had a prolonged flow of blood, and the Prophet told her, "If it is menstrual blood, it is dark and recognizable. If you have that, abstain from the prayer. If it is other than that, make ablution and pray, for it is a vein." Women who fall into any of these categories must abide by the following regulations: Volume 1, Page 73: Ghusl, menstruating women She does not have to perform ghusl for every prayer, except for the one time when her period or blood flow has ended. Volume 1, Page 74: She must make ablution for every prayer, menstruating women Said the Prophet, "Make ablution for every prayer." According to Malik, this is only preferred and not obligatory (unless she nullifies her ablution, of course). Volume 1, Page 74a: Keeping the blood in check, menstruating women She is to wash her vagina before she makes ablution, and she should wear something which soaks up the blood. It is preferred for her to do what she can to keep the blood in check. Volume 1, Page 74b: Ablution, menstruating women She should not make ablution before the prayer's time begins. Volume 1, Page 74c: Sex, menstruating women She may have intercourse with her husband even while the blood is flowing, according to most scholars, because there is no evidence to the contrary. Said Ibn 'Abbas, "If she can pray, her husband can have intercourse with her." Al-Bukhari says that if she is pure enough for prayer, she certainly must be pure enough for intercourse. Abu Dawud and al-Baihaqi related that 'Akramah bint Hamnah had a prolonged flow of blood and that her husband had intercourse with her. An-Nawawi holds its chain to be hassan. Volume 1, Page 74d: What she can do, menstruating women She is to be considered a pure person, and she may pray, fast, remain in the mosque, recite the Qur'an, touch a copy of the Qur'an, and so on. Islaamic_Sharia_Law.pdf Page 134 of 571
Slide 135: Fiqh-us-Sunnah, Volume 1: Prayer The prayer is a type of worship consisting of specific statements and actions. It is begun by pronouncing the greatness of Allah, and is concluded with salutations of peace. As prayer is the essence of Islam, we will discuss it here in detail. To state it simply, prayer must exist, for without it Islam can not stand. The Prophet, upon whom be peace, said, "The head of the matter is Islam, its pillar is the prayer, and the top of its hump is jihad in the way of Allah." It was the first act of worship that was made obligatory by Allah. Its obligation was revealed directly to the Prophet, during his ascension to heaven. Said Anas, "The prayers were made obligatory on the Prophet, upon whom be peace, the night of his ascension to heaven. At first, they were fifty in number, but were reduced several times until they were five. Then it was proclaimed, 'O Muhammad, the order is not changed. These five are (equivalent) to the fifty.'' As to the authenticity of the report, it is related by Ahmad, an-Nasa'i and at-Tirmizhi, who said it is sahih. Salah is the first act that the person will be held accountable for. 'Abdullah ibn Qart related that the Messenger of Allah, upon whom be peace, said "The first act that the slave will be accountable for on the Day of Judgement will be prayer. If it is good, then the rest of his acts will be good. And if it is evil, then the rest of his acts will be evil." (Related by at-Tabarani.) It is the last thing that the Prophet, upon whom be peace, recommended to his nation before he died, saying, "Prayer, prayer and what your right hand possesses." It will be the last thing taken away from the religion. When it perishes, Islam will perish. The Messenger of Allah, upon whom be peace, said, "If Islam were stripped away, piece by piece, people would hold tight to the next one. The first thing taken would be ruling and governance, and the last thing would be prayer." (Related by Ibn Hibban from the hadith of Abu Umamah.) In many verses of the Qur'an, Allah follows up prayer with the remembrance of Allah. "Lo! Worship preserves (one) from lewdness and iniquity, but verily, remembrance of Allah is more important." (al-'Ankabut 45); "He is successful who grows and remembers the name of his Lord, so pray (al-A'la 14-15); "So serve Me and establish worship for My remembrance" (Taha 74). Sometimes He mentions prayer along with zakah: "Establish prayer and pay zakah" (al-Baqarah 110). And at times, with patience: "Seek help in patience and prayer" (al-Baqarah 45), and with hajj: "So pray unto your Lord and sacrifice" (al-Kauthar 2); "Say: Lo! my worship and my sacrifice and my living and my dying are for Allah, Lord of the Worlds. He has no partner. This am I commanded, and I am the first of those who surrender (unto Him)" (al-An'am 162-163). At other times, Allah begins the acts of piety with prayers and ends with them, as in the verses about the ma'arij (ascension to heaven): "Successful indeed are the believers who are humble in their prayers," and the verses, "And who pay heed to their prayers. These are the heirs who will inherit Paradise. There will they abide" (al-Mu'minun 1-2911). The importance of salah is so great that one is ordered to observe it while travelling or not, while one is safe or in fear: "Be guardians of your prayers, and of the mid-most prayer, and stand up with devotion to Allah. And if you go in fear, then (pray) standing or on horseback. When you are safe, remember Allah, as He has taught you that which (heretofore) you knew not" (al-Baqarah 238-239). Volume 1, Page 76: Allah explains how to pray during fear, safety or wartime "And when you are among them and arrange their prayers for them, let only a party of them stand with you (to worship) and let them take their arms. Then, when they have performed their prostrations, let them fall to the rear and let another party come to pray with you, and let them take their precautions and arms. They who disbelieve long for you to neglect your arms and your baggage, that they may attack. It is no sin for you to lay aside your arms, if rain impedes you or if you are sick. But take your precautions. Lo! Allah prepares for the disbelievers shameful punishment. When you have performed your prayer, remember Allah, standing, sitting and reclining. And when you are in safety, observe your prayer properly. Prayer at fixed hours has been enjoined on the believers" (an-Nisa' 102-103). Volume 1, Page 77: Allah also strongly warns those who tamper with their prayers or are heedless Says Allah in the Qur'an, "Now there has succeeded them a later generation who have ruined their prayers and have followed lusts. But they will meet deception" (Maryam 59); "Ah, woe unto worshippers who are heedless of their prayers" (al-Ma'un 4-5). Volume 1, Page 77a: Prayer is one of the most important acts in Islam Prayer is one of the most important acts in Islam, and thus it requires a special guidance Islaamic_Sharia_Law.pdf Page 135 of 571
Slide 136: Ibrahim asked his Lord to give him descendants who abided by their prayers: "My Lord! Cause me and (some) of my offspring to remain constant in prayer. And O our Lord! Accept my supplication" (Ibrahim 40). Volume 1, Page 77b: One Who Ignores His Prayers Not praying and denying its obligation is seen as disbelief and places the person outside the religion of Islam. All scholars agree on this piont. They base their opinion on several hadith, some of which are: Jabir reports that the Prophet, upon whom be peace, said, "Between a person and disbelief is discarding prayer." (Related by Ahmad, Muslim, Abu Dawud, at-Tirmizhi and Ibn Majah.) Buraidah reported that the Prophet, upon whom be peace, said, "The pact between us and them is prayer. Whoever abandons it is a disbeliever." (Related by Ahmad, Abu Dawud, at-Tirmizhi, anNasa'i and Ibn Majah.) 'Abdullah ibn 'Amr ibn al-'Aas reported that the Prophet, upon whom be peace, one day mentioned the prayer and said, "Whoever guards and observes his prayer, they will be a light and a proof and a savior for him on the Day of Resurrection. Whoever does not guard and obvserve them, they will not be a light or a proof or a savior for him. On the Day of Resurrection, he will be with Qarun, Fir'aun, Haman and Ubayy ibn Khalf." (Related by Ahmad, at-Tabarani and Ibn Hibban. Its chain is excellent.) That one who does not pray will be with the leaders of the unbelievers in the Hereafter makes it evident that such a person is an unbeliever. Says Ibn al-Qayyim, "The one who does not pray may be preoccupied with his wealth, kingdom, position or business. If one is kept away from his prayers by his wealth, he will be with Qarun. One whose kingdom keeps him away from the prayers will be with Haman, and one whose business keeps him away from the prayers will be with Ubayy ibn Khalf." Says 'Abdullah ibn Shaqiq al-'Aqeely, "The companions of Muhammad, peace be upon him, did not consider the abandonment of any act, with the exception of prayer, as being disbelief." (Related by at-Tirmizhi and al-Hakim, who said it met al-Bukahri's and Muslim's conditions.) Says Muhammad ibn Nasr al-Mirwazi, "I heard Ishaq say, 'It is authentic (that) the Prophet (said or ruled): One who does not pray is an unbeliever." It is from the Prophet himself that one who intentionally does not pray until the time for the prayer is over is an unbeliever." Says Ibn Hazm, "It has come from 'Umar, 'Abdurahman ibn 'Auf, Mu'azh ibn Jabal, Abu Hurairah and other companions that anyone who skips one obligatory prayer until its time has finished becomes an apostate. We find no difference of opinion among them on this point." This was mentioned by al-Munzhiri in at-Targheeb wa atTarheeb. Then he comments, "A group of companions and those who came after them believed that an intentional decision to skip one prayer until its time is completely finished makes one an unbeliever. The people of this opinion incude 'Umar ibn al-Khattab, 'Abdullah ibn Mas'ud, 'Abdullah ibn 'Abbas, Mu'azh ibn Jabal, Jabir ibn 'Abdullah and Abu ad-Darda'. Among the non-companions who shared this view were Ibn Hanbal, Ishaq ibn Rahwaih, 'Abdullah ibn al-Mubarak, an-Nakha'i, al-Hakim ibn 'Utaibah, Abu Ayyub as-Sakhtiyani, Abu Dawud atTayalisi, Abu Bakr ibn Abu Shaibah, Zuhair ibn Harb, and others. Some hadith make it clear that such a person should be killed. For example: Ibn 'Abbas reported that the Prophet, upon whom be peace, said, "The ties of Islam and the principles of the religion are three, and whoever leaves one of them becomes an unbeliever, and his blood becomes lawful: testifying that there is no god except Allah, the obligatory prayers, and the fast of Ramadan." (Related by Abu Ya'la with a hassan chain.) Another narration states, "If anyone leaves one of them, by Allah he becomes an unbeliever and no voluntary deeds or recompense will be accepted from him, and his blood and wealth become lawful." This is a clear indication that such a person is to be killed. Ibn 'Umar related that the Messenger of Allah, upon whom be peace, said, "I have been ordered to kill the people until they testify that there is no god except Allah, and that Muhammad is the Messenger of Allah, and they establish prayer and pay the zakah. If they do that, their blood and wealth are protected from me save by the rights of Islam. Their reckoning will be with Allah." (Related by al-Bukhari and Muslim.) Umm Salamah related that the Prophet, upon whom be peace, said, "There will be rulers over you who will do good and evil things. Whoever hates these (latter) acts will be innocent of them. Whoever denies them will be safe, but (not) one who accepts and follows them." They asked, "Should we kill them?" He said, "Not if they pray." (Related by Muslim.) Therefore, he made it unlawful to kill even an unjust ruler who observes his prayers. Islaamic_Sharia_Law.pdf Page 136 of 571
Slide 137: Abu Sa'eed reported that 'Ali, while he was in Yemen, sent the Prophet some gold, which he then divided among four people. A man said, "O Messenger of Allah, beware of Allah." The Prophet said, "Woe to you. Of all the people of the earth, am I not the most dutiful in being aware of Allah?" Khalid ibn al-Walid said, "O Messenger of Allah, shall I kill him?" He said, "Perhaps he is one of those who pray." Khalid said, "How many people say with their tongues what is not in their hearts?" The Prophet said, "I have not been ordered to look into the hearts of people, nor to rip open their bellies." (Abridged from al-Bukhari and Muslim.) In this hadith also, prayer is given as the reason for not killing a person. It is understood, therefore, that not praying would have resulted in the person's killing. Even though the preceding hadith clearly rule that one who discards salah becomes an unbeliever and should be killed, many early and later scholars (excluding Abu Hanifah, Malik and ash-Shafi) believe that such people become evildoers who must repent. If such a person does not repent, he is to be killed, that being the prescribed punishment, according to Malik, ash-Shai'i and others. Abu Hanifah maintains that such a person is not to be killed, but must be given a minor punishment and confined until he prays. They say the hadith that calls such people unbelievers refer to those who deny the prayers, and so on. They say that any other interpretation is contradicted by other texts. For example, Allah says, "Lo! Allah does not pardon one who gives Him partners. He pardons all save whom He wills" (an-Nisa' 116). There is also a hadith related by Abu Hurairah and recorded by Ahmad and Muslim in which the Prophet, upon whom be peace, said, "Every prophet has a special supplication that is answered. Every prophet hastened to make his supplication, but I concealed mine and will use it for my nation on the Day of Resurrection. It will be granted--Allah willing--to whoever dies without associating any partners with Allah." Al-Bukhari also recorded that Abu Hurairah reported that the Prophet, upon whom be peace, said, "The person who will be the happiest due to my intercession is the one who says, 'There is no god but Allah' sincerely from his heart." Says ash-Shaukani, "The truth of the matter is that he becomes an unbeliever who is to be killed for his unbelief. The hadith authenticates that Islamic law calls one who does not pray an unbeliever. It has also put the performance as the barrier between a believer and an unbeliever. Abandoning prayer means he may be called an unbeliever. We need not concern ourselves with arguments presented by those of the opposing opinion. We can say to them: It is not impossible that some types of unbelievers may obtain forgiveness or may have a right to intercession, such as the unbelief of those who pray to ( our) qiblah. Nevertheless, the fact remains that they commit some sins which the Islamic law views as unbelief. To turn to the other narrow interpretations is just redundant." Volume 1, Page 80: Who Must Pray Prayer is obligatory upon every sane, adult Muslim. 'Aishah related that the Messenger of Allah, upon whom be peace, said, "The pen is raised for three (meaning: there is no obligation upon three): one who is sleeping until he wakens, the child until he becomes an adult, and one who is insane until he becomes sane." As to the authenticity of this report, it is recorded by Ahmad, Abu Dawud, at-Tirmizhi, an-Nasa'i, Ibn Majah, and al-Hakim, who grades it sahih according to the criterion of al-Bukhari and Muslim. At-Tirmizhi classifies it as hassan. Although it is not obligatory for a child to pray, it is a must that his guardian order him to do so when he is seven, and he should beat him if he does not pray after he reaches the age of ten. A minor should practice praying until he reaches puberty. 'Amr ibn Shu'aib related from his father on the authority of his grandfather that the Prophet, peace be upon him, said, "Order your children to pray when they reach the age of seven. Beat them (if they don't pray) when they reach the age of ten. And have them sleep separately." The hadith is related by Ahmad, Abu Dawud, and al-Hakim. The latter grades it sahih according to Muslim's criteria. Volume 1, Page 81: The Number of Obligatory Prayers The number of prayers prescribed by Allah is five. Ibn Mahyraiz narrated that al-Makhdaji, from the tribe of Kananah, heard Abu Muhammad--a man in ash-Shams--saying, "The witr prayer is obligatory." He said he went to 'Ubadah ibn as-Samit and informed him of this. 'Ubadah corrected him, saying, "Abu Muhammad is mistaken. I heard the Messenger of Allah, upon whom be peace, say 'Allah has laid five prayers upon His slaves. Whoever fulfills them and does not miss any of them will have a pact with Allah that He will let him enter Paradise. Whoever does not come with them will have no pact with Allah. If He wishes, He may punish him, and if He wishes, He may forgive him." (Related by Ahmad, Abu Dawud, an-Nasa'i and Ibn Majah.) In one version it states, "Or one who comes with a deficiency in them or who degrades their duties." Talhah ibn 'Ubaidullah narrated that a bedouin with unkempt hair came to the Messenger of Allah, upon whom be peace, and said, "O Messenger of Allah, inform me of what Allah has made obligatory on me as regards praying." He said, "Five Islaamic_Sharia_Law.pdf Page 137 of 571
Slide 138: prayers, unless you do others voluntarily." He asked the Prophet to inform him about fasting, and he said, "The fast of Ramadan, unless you do others voluntarily." Then he asked him about charity...and the Messenger of Allah informed him of the Islamic legislations. The bedouin then said, "By the One who has honored you, I shall not voluntarily add anything to it, nor shall I be deficient in what Allah has ordered me to do." The Messenger of Allah, upon whom be peace, then said, "He will enter Paradise if he is truthful (to what he said)." (Related by alBukhari and Muslim.) Volume 1, Page 82: The Times of the Prayers Each prayer has its own particular time at which it must be performed. Says Allah, "Prayer at fixed hours has been enjoined upon the believers" (an-Nisa' 103). The Qur'an itself points to these different times Allah says, "Pray at the two ends of the day and in some watches of the night. Lo! Good deeds annul evil deeds. This is a reminder for the mindful" (Hud 114). Surah al-Isra' states, "Establish prayer at the setting of the sun until the dark of the night, and (the recital) of the Qur'an at dawn. Lo! The recital of the Qur'an at dawn is ever witnessed" (al-Isra' 78), and "Celebrate the praises of your Lord before the rising of the sun and before its setting. Glorify Him some hours of the night and at the two ends of the day, that you may find acceptance" (Taha 130). This verse specifically refers to the dawn prayer and the afternoon prayer, as it is recorded in the two Sahihs. Jarir ibn 'Abdullah al-Bajali reported, We were sitting with the Messenger of Allah and we looked at the moon on a clear night. The Prophet said, 'You will see your Lord as you see this moon, and you will not be harmed by seeing Him. So, if you can, do not let yourselves be overpowered in the case of prayer before the rising of the sun and its setting,' and he recited the above verse." Those are the times of the prayers that the Qur'an mentions. From the sunnah, we have the following: 'Abdullah ibn 'Amr reported that the Messenger of Allah, upon whom be peace, said, "The time of the noon prayer is when the sun passes the meridian and a man's shadow is the same length as his height. It lasts until the time of the afternoon prayer. The time of the afternoon prayer is until the yellowing of the sun (during its setting). The time of the evening prayer is as long as twilight. The time of the night prayer is to the middle of a night of medium duration. And the time of the morning prayer is from the appearance of the dawn until the time of sunrise. When the sun rises, abstain from praying, as it rises between the horns of Satan." (Related by Muslim. ) Jarir ibn 'Abdullah narrated that the angel Gabriel came to the Messenger of Allah and said to him, "Stand and pray," and they prayed the noon prayer when the sun had passed its meridian. He then came to him for the afternoon prayer and said,"Stand and pray," and they prayed the afternoon prayer while the length of a shadow of something was similar to the length of the object. Then he came a t sunset and said, "Stand and pray," and they prayed the sunset prayer when the sun had just disappeared. Then he came at night and said, "Stand and pray,"and they prayed the night prayer when the twilight had disappeared. He cameagain when dawn broke (and they prayed the morning prayer). Then Gabriel came on the next day at noon and said (to the Messenger of Allah), "Stand and pray," and they prayed the noon prayer when the length of the shadow of something was close to the length of the object. Then he came for the afternoon prayer and said, "Stand and pray," and they prayed when the shadow of something was twice as long as the length of the object. Then he came at the same time (as the previous day) for the sunset prayer, without any change. Then he came for the night prayer after half of the night had passed ("or," he said, "one-third of the night"). Then he came when the sky was very yellow and said, "Stand and pray," and they prayed the morning prayer. Then Gabriel said, "Between these times are the times for the prayers." As to the authenticity of the report, it is recorded by Ahmad, an-Nasa'i and at-Tirmizhi. Al-Bukhari observes, "It is the most authentic report concerning the prayer times." Volume 1, Page 83: The Time for the Noon Prayer (Zhuhr) The previous two hadith make it clear that the noon prayer begins when the sun passes its meridian and it continues until an object's shadow is approximately the same length as the object itself. If it is extremely hot, it is preferred to delay the noon prayer until it is cooler. This is done in order to retain the humility and awe of the prayer. If this is not the case, it should be prayed early in its time. This opinion is based on the following hadith: Reported Anas, "If it was extremely cold, the Prophet, upon whom be peace, would pray early. If it was extremely hot, he would wait for it to cool down." (Related by al-Bukhari.) Abu Zharr relates, "We were with the Prophet, upon whom be peace, on a journey. When the caller to prayer wanted to give the azhan, the Prophet said 'Let it cool down.' This happened two or three times, until we saw the shadows of the hills. Then the Prophet said, 'The extreme heat is from the fragrance of Hell. If the heat becomes extreme, delay the prayer Islaamic_Sharia_Law.pdf Page 138 of 571
Slide 139: until it becomes cool." (Related by al-Bukhari and Muslim.) However, this delay does have a limit. According to Ibn Hajr's Fath al-Bari, "The scholars differ over how long one may wait to let the temperature cool. Some say, 'Until the shadow of an object becomes an arm's length,' or 'Until the shadow becomes one-fourth of one's height.' Others say one-third or one-half, and so on. Its ruling is according to its basic principle, and it changes with different circumstances, provided that the prayer is not delayed until the end of its time." Volume 1, Page 84: The Time for the Afternoon Prayer ('Asr) This prayer begins in the afternoon when the shadow of an object is of the same length as the object itself, and continues until the sun sets. Abu Hurairah reported that the Prophet, upon whom be peace, said, "Whoever catches one rak'ah of the afternoon prayer before the sun sets and then prays the remainder of the prayer after the sun has set has not missed the afternoon prayer." The best and most preferred time to pray the afternoon prayer ends when the sun becomes yellowish on the horizon. This is implied by the preceding hadith of Jabir and 'Abdullah ibn 'Umar. To delay the prayer until the sun becomes yellowish, although it is permissiable, is greatly disliked, unless there is some need to do so. Anas reported that he heard the Prophet, upon whom be peace, say, "The following is the prayer of the hypocrite: he waits until the sun is between the horns of Satan, then he gets up and prays four quick rak'ah, and he does not remember Allah therein save a little bit." (Related by "the group," except for al-Bukhari and Ibn Majah.) Says an-Nawawi in his commentary on Sahih Muslim, "Our companions (the Shafiyyah) hold that the afternoon prayer time can be divided into five categories: the most virtuous time, the preferred time, the allowable time in which there is no disliked aspect, the allowable time that contains some aspect of dislike, and the time that is due to some excuse or necessity. The most virtuous time is at the beginning of the permissible time. The preferred time is until the shadow of an object is twice the length of the object itself. The permissible time without any aspect of dislike is from the time the sun becomes yellowish. The permissible time with some aspect of dislike is from the time the sun becomes yellowish until the setting of the sun. The time of excuse or necessity begins, in fact, at the time of the noon prayer for one who is to combine the noon and afternoon prayers, due to travelling or rain. If the afternoon prayer is made during any of those times, it has been fulfilled properly. If all of those times pass and the sun has set, then one must make up the prayer." On a cloudy day, it should be prayed earlier in its time. Buraidah al-Aslami reported, "We were with the Messenger of Allah, upon whom be peace, during a battle and he said, "Hasten in praying on a cloudy day, for one who misses the afternoon prayer has destroyed all of his works." (Related by Ahmad and Ibn Majah.) Of the subjecat, Ibn al-Qayyim says, "Leaving the prayer is of two types: leaving it completely and never praying it (which destroys all of one's deeds), and leaving it during a particular day, which destroys all of the deeds of that day." Volume 1, Page 85: The Afternoon Prayer is the "Mid-most" Prayer Says Allah in the Qur'an, "Observe and guard the prayers and the mid-most prayer, and stand with total submission to Allah. Authentic hadith have made it clear that the afternoon prayers is the "mid-most" prayer. 'Ali reported that the Prophet, upon whom be peace, said on the day of al-Ahzab (the battle of the clans), "May Allah fill their graves and houses with fire, as they kept us preoccupied from the "mid-most" prayer until the sun had set." (Related by al-Bukhari and Muslim. Muslim, Abu Dawud and Ahmad have "the afternoon prayer" inserted after "the mid-most" prayer.") Explaining the context of this hadith, Ibn Mas'ud said, "The idol-worshippers kept the Prophet from the afternoon prayer until the sun had become reddish and yellowish. The Messenger of Allah said, "They kept us preoccupied from the "mid-most" prayer, the afternoon prayer--may Allah fill their bellies and graves with fire."' (Related by Ahmad, Muslim, and Ibn Majah.) Volume 1, Page 85a: The Time for the Sunset Prayer (Maghrib) The time for the sunset prayer begins with the disappearance of the sun and lasts until the red twilight ends. 'Abdullah ibn 'Amr reported that the Prophet, upon whom be peace, said, "The time for the sunset prayer is when the sun has disappeared and the twilight has not gone." (Related by Muslim.) Abu Musa related that a man asked the Prophet about the prayer times, and he mentioned the hadith which states that he ordered the sunset prayer when the sun had set and, on the next day, he prayed it when the red twilight was ending and he said, "The time (for the sunset prayer) is between these two times." An-Nawawi says in his commentary on Sahih Muslim, "It is the opinion of the research scholars of our companions (the Shaf'iyyah) that ... it is allowed to delay it as long as it is twilight. It is allowed to begin the prayer at any time during that period. There is no sin in delaying it from its earliest time." Concerning the earlier Islaamic_Sharia_Law.pdf Page 139 of 571
Slide 140: quoted hadith in which Gabriel led the prayers and prayed the sunset prayer at the same time on both days, it only shows that it is greatly preferred to perform the sunset prayer as early as possible. This point is made clear by some other hadith: As-Sa'ib ibn Yazid related that the Messenger of Allah, upon whom be peace, said, "My nation will always be along the natural path as long as they pray the sunset prayer before the stars appear." (Related by Ahmad and at-Tabarani). In Ahmad's Musnad it is related from Abu Ayyub al-Ansari that the Prophet said, "Pray the sunset prayer when the fasting person breaks his fast and when the stars are about to appear." In Sahih Muslim it is related from Rafa' ibn Khadeej that "We prayed the sunset prayer with the Messenger of Allah, and one of us would leave (afterwards) and would still be able to see where he shot his arrow, (because there was still so much light left in the sky)." In Sahih Muslim it is recorded from Salamah ibn al-Aku' that the Messenger of Allah, upon whom be peace, would pray the sunset prayer when the sun had set and disappeared ( behind the horizon). Volume 1, Page 86: The Time of the Night Prayer ('Isha) This prayer begins when the red twilight disappears and continues up to half of the night. Reported 'Aishah, "They used to pray the night prayer between the disappearance of the twilight and the final third of the night's beginning." (Related by al-Bukhari.) Abu Hurairah reported that the Messenger of Allah, upon whom be peace, said, "If it were not to be a hardship upon my nation, I would order them to delay the night prayer until a third or a half of the night had passed." (Related by Ahmad, Ibn Majah and at-Tirmizhi, who said it is sahih.) Reported Abu Sa'eed, "Once, we waited for the Messenger of Allah to lead the night prayer until half the night had passed, at which time he came and prayed with us. He said, 'Stay in your places of sitting while the people have gone to their places of lying down (for sleep), for you are in prayer as long as you are waiting for the prayer. If it were not for the weakness of the weak, the illness of the ill and the need of those who have needs, I would have delayed the time of this prayer to a half of the night." As to the authenticity of this report, it is recorded by Ahmad, Abu Dawud, Ibn Majah, an-Nasa'i and Ibn Khuzaimah. Its chain is sahih). The hadith describes the best time to pray. As for the allowable time and the time due to need, it lasts until dawn. Abu Qatadah reported that the Messenger of Allah, upon whom be peace, said, "There is no negligence in sleeping, but the negligence lies in not praying a prayer until the time of the next prayer has come." (Related by Muslim.) This hadith shows that the time of every prayer continues until the beginning of the time for the next prayer, except for the morning prayer, as all scholars agree that its time lasts only until sunrise. Volume 1, Page 87: Delay is Preferred in the Isha Prayer It is most virtuous to delay the night prayer until the end of the preferred time for it, which is half the night. Reported 'Aishah, "One night the Prophet, upon whom be peace, prayed the night prayer after most of the night had gone and most of the people in the mosque had fallen aleep. Then he came out, prayed, and said, "This would be the proper time if it were not a hardship on my nation."' (Related by Muslim and an-Nasa'i.) The Prophet, upon whom be peace, did not do this on a regular basis, as he heard that it would be a hardship on his nation. He would take into consideration the situation of those in the mosque. Sometimes he would hasten in performing the prayer and at other times he would delay it. Said Jabir, "The Messenger of Allah would pray the noon prayer during the hottest time of noon, the afternoon prayer when the sun was clear, the sunset prayer when the sun had gone down, and the night prayer he would sometimes delay and sometimes hasten if he found people gathered (in the mosque). If he noticed that they were lingering, he would delay it. He would pray the morning prayer while it was still dark." (Related by al-Bukhari and Muslim.) Volume 1, Page 88: Sleeping Before the Night Prayer Is Forbidden One should not sleep before the night prayer, nor have discussions after it. Abu Barza al-Aslami related that the Prophet, upon whom be peace, loved to delay the night prayer (which was called darkness, al-'atmah) and he hated sleeping before it and talking or discussions after it." (Related by "the group.") In another saying by Ibn Mas'ud, it is reported, "The Messenger of Allah ordered us not to talk after the night prayer." (Related by Ibn Majah.) The reasons behind this are: sleep may make a person miss the night prayer in its best time, or it may cause him to miss the congregational prayer, and talking and socializing afterwards would cause one to misappropriate a time from which he could greatly benefit. If one wants to sleep and has someone to wake him up, or he is discussing a beneficial matter, then it is not disliked. Said Ibn 'Umar, "The Prophet would discuss with Abu Bakr some of the affairs of the Muslims during the night, and I was with him." (Related by Ahmad and at-Tirmizhi, who Islaamic_Sharia_Law.pdf Page 140 of 571
Slide 141: said it is hassan.) Reported Ibn 'Abbas, "I slept in the home of Maimunah one night when the Prophet, upon whom be peace, was there. I watched to see how the Prophet prayed during the night. He talked with his wife for a while and then slept." (Related by Muslim.) Volume 1, Page 88a: The Time of the Morning Prayer (Fajr) The time of the morning prayer begins with the true dawn and lasts until sunrise. It is preferred to pray it early in its permissible time. Abu Mas'ud al-Ansari reported that the Messenger of Allah prayed the morning prayer in the darkness (of the dawn). Another time, he prayed it when the dawn was shining (or glowing). Then after that, he always prayed in the darkness (of the dawn) until he died." (Related by Abu Dawud and al-Baihaqi. Its chain is sahih.) Said 'Aishah, "Believing women would pray the morning prayer with the Prophet, upon whom be peace, being enveloped in their clothing. They would return to their homes after the prayer and no one could recognize them due to the darkness (of the dawn)." (Related by "the group.") Rafa' ibn Khadeej related a hadith in which the Prophet, upon whom be peace, said, "Make the morning prayer at daybreak, as your reward will be greater." In another version it states, "Make the morning prayer at the shining (time of the dawn), as your reward will be greater." (Related by "the five." At-Tirmizhi and Ibn Hibban grade it as sahih.) It refers to the time that one finishes the prayer, not the time when one begins it. That is, one should make the recital long so that one is in prayer until the dawn becomes "shiny." This is what the Prophet, upon whom be peace, used to do, for he would recite between 60 and 100 verses. It also means to make sure that the dawn has come. Volume 1, Page 89: Performing One Rak'ah During the Time of Prayer Whoever catches a rak'ah of prayer before its time has expired has caught the entire prayer in its time. Abu Hurairah reported that the Prophet, upon whom be peace, said, "Whoever catches one rak'ah of the prayer has caught the prayer." (Related by "the group.") This refers to any of the prayers. Al-Bukhari has recorded, "Whoever of you catches one prostration of the afternoon prayer before the sun has set should complete his prayer. If one of you catches one prostration of the morning prayer before the sun has risen, he should complete his prayer." Here the meaning of prostration is rak'ah. The clear meaning of the hadith is that one who catches one rak'ah of the morning or afternoon prayer should complete the prayer even if the sun is setting or rising, also those are times in which it is not liked to pray. If one rak'ah is performed, then the prayer is to be completed and the obligation of prayer will have been fulfilled, although it is not allowed to intentionally delay those prayers until such times. Volume 1, Page 89a: Sleeping Through or Forgetting the Prayer Whoever sleeps through or has forgotten to pray a certain prayer should pray it when he wakes up or remembers the prayer. Abu Qatadah related that sleeping through the prayer time was mentioned to the Prophet, upon whom be peace, and he said, "There is no negligence in sleep, but negligence occurs while one is awake. If one of you forgets a prayer or sleeps through its time, then he should pray it when he remembers it." As to the authenticity of the report, it is recorded by an-Nasa'i and at-Tirmizhi, who said it is sahih. Anas related that the Prophet, upon whom be peace, said, "Whoever forgets a prayer should pray it when he remembers it, and there is no expiation for it save that." (Related by al-Bukhari and Muslim.) Reported 'Imran ibn Husain, "We went with the Messenger of Allah during the night. When the last portion of the night came, we became tired and fell asleep. We did not wake until we felt the heat of the sun. Some of us tried hurriedly to purify ourselves. The Prophet ordered us to be calm. Then we rode on until the sun had risen and we made ablution. He ordered Bilal to make the call to prayer, and then prayed two rak'ah before the (obligatory) morning prayer. Then we stood and prayed. We said, 'O Messenger of Allah, should we not repeat it tomorrow in its proper time?' He said, 'Would your Lord the Most High forbid you from interest and accept it from you?"' (Related by Ahmed and others.) Volume 1, Page 90: The Times in Which the Prayers are Prohibited It is forbidden to pray after the morning prayer until the sunrise and from the sunrise until the sun has completely risen to the length of a spear above the horizon, and when the sun is at its meridian until it moves sightly to the west, and after the afternoon prayer until the sun sets. Abu Sa'eed reported that the Prophet, upon whom be peace, said, "There is no prayer after the morning prayer until the sun rises." (Related by al-Bukhari and Muslim.) 'Amr ibn 'Abbas related that he said, "O Prophet of Allah, inform me about the prayers." He said, "Pray the morning prayer and then abstain from prayer until sunrise and the sun has completely risen, for it rises between the horns of Satan. That is when the unbelievers prostrate to it. Then pray, as your prayer will be witnessed and attended to until the shadow of a spear becomes less than its length. At that time stop praying, for at that time the hell-fire is fed with fuel. When the shade comes, you may pray, for your prayer will be witnessed and attended (to by angels) until you pray the afternoon prayer. Then abstain from praying until the Islaamic_Sharia_Law.pdf Page 141 of 571
Slide 142: sun sets, for its sets between the horns of Satan, and that is when the unbelievers make prostrations to it." (Related by Ahmad and Muslim.) Said 'Uqbah ibn 'Amr, "There are three times during which the Prophet prohibited us from praying or burying our deceased: sunrise until the sun has risen (some distance), when the sun is at its meridian, and when the sun is setting until it has completely set." (Related by "the group," except for al-Bukhari.) Volume 1, Page 90a: Opinions of the Jurists Concerning Prayer After the Morning and Night Prayers Most scholars agree that one can make up missed prayers after the morning or afternoon prayers. This is based on the Prophet's words, "If someone forgets the prayer, he should pray it when he remembers it." (Related by alBukhari and Muslim.) Concerning voluntary prayers, the following companions disliked such prayers during those times: 'Ali, Ibn Mas'ud, Abu Hurairah and Ibn 'Umar. 'Umar used to beat those who offered two rak'ah after the afternoon prayers (in the presence of other companions), and was not rebuked. Khalid ibn al-Waleed also used to do this. Those tabi'een who disliked such prayers were al-Hassan and Sa'eed ibn al-Musayyab. Abu Hanifah and Malik also hated such prayers. Ash-Sahf i reasoned that prayers at such times are allowable if the person has a reason for that prayer (the prayer of salutation to the mosque, or the prayers after one performs the ablution, and so on). He uses as a proof the fact that the Prophet, upon whom be peace, prayed the two noon sunnah rak'ah after the afternoon prayers. The Hanbaliyyah say that it is forbidden to pray during such times even if one has a reason to do so, except in the case of the two rak'ah for the circumambulation of the Ka'bah. This is based on the hadith from Jabir ibn Mut'am that the Prophet said, "O tribe of 'Abd Manat, do not prevent anyone from circumambulating this house (the Ka'bah) or from praying therein at any time they wish." As to the authenticity of thie report, it is related by Abu Dawud, an-Nasa'i, at-Tirmizhi and Ibn Majah. At-Tirmizhi and Ibn Khuzaimah called it sahih. Volume 1, Page 91: About Praying at Sunrise, Sunset and While the Sun is at its Meridian The Hanifiyyah are of the opinion that prayer during such times is not valid, regardless of whether the prayer was obligatory or voluntary, or if one was making up a prayer or fulfilling a requirement. But, they make an exception for the afternoon prayer of that particular day and the funeral prayer (if the funeral is at any of these times, the funeral prayer is still to be made). They also permit the prostration in response to Qur'anic recitation if the respective verses were recited at such times. Abu Yusuf also makes an exception for voluntary prayers on Friday while the sun is at its meridian. The Shariyyah say that voluntary prayers which are not offered for a particular reason are disliked at such times. Obligatory prayers, voluntary prayers because of some occasion, voluntary prayers on Friday when the sun is at its meridian and the prayer of the circumambulation of the Ka'bah are all permissible at such times without any disliked aspects. The Malikiyyah say that voluntary prayers during sunrise and sunset are forbidden, even if there is some occasion for them. The same applies to a prayer that was vowed, prostration owing to Qur'anic recitation, and the funeral prayer (unless they fear some decay or alteration in the deceased). But they always allow prayer, voluntary or obligatory, at the time when the sun is at its meridian. Al-Baji wrote in his commentary to alMuwatta, "In al-Mubsut it is related from Ibn Wahb that Malik was asked about praying at mid-day and he said, 'I found the people praying at mid-day of Friday. Some hadith do not consider it desirable (to pray at such times), but I do not stop the people from praying. I do not like to pray at that time because it is not desirable to do so." The Hanbaliyyah say that no voluntary prayers should be made during such times, regardless of whether or not there is a reason for such prayers, and regardless of whether it is Friday or not, save for the prayer of salutations to the mosque on Friday (they allow this without any disike for it while the sun is at its meridian or while the imam is making his address). They also say that the funeral prayer is forbidden at that time, unless there is a fear of alteration or decay in the corpse. They allow the making up of missed prayers, the vowed prayers and the prayer of the circumabulation of the Ka'bah (even if it is voluntary) at any of these three times. Volume 1, Page 92: Voluntary Prayer at Dawn Before the Morning Prayer Yasar, the client of Ibn 'Umar, said, "Ibn 'Umar saw me while I was praying after the dawn had begun, and he said, 'The Messenger of Allah came to us while we were praying at this time and he said, 'Let your witness reach those who are absent that there is no prayer after (the beginning of) the dawn except two rak'ah." As to its place in the corpus of hadith, it is recorded by Ahmad and Abu Dawud. Although the hadith is weak, its numerous chains strengthen each other. We can conclude from this that it is disiked to make voluntary prayers beyond the two sunnah rak'ah after the dawn has begun. This was stated by ash-Shaukani. Al-Hassan, ash-Shaifi, and Ibn Hazm say voluntary prayers are permissible at that time without any aspect of dislike. Malik openly allowed prayers during that time for those Islaamic_Sharia_Law.pdf Page 142 of 571
Slide 143: who missed the voluntary prayers during the night due to some excuse. It is mentioned that it reached him that 'Abdullah ibn 'Abbas, al-Qasim ibn Muhammad, and 'Abdullah ibn 'Aamar ibn Rabi'ah would pray the witr prayer after the dawn had begun. Said 'Abdullah ibn Mas'ud, "It does not bother me if they make the iqamah (the second call) to prayer while I am praying witr." Yahya ibn Sa'eed reported, " 'Ibadah ibn as-Samit was the imam for the people. One day he went to the morning prayer and the caller to prayer made the iqamah for the prayer. 'Ibadah kept quiet until he prayed the witr prayer and then he led them in the morning prayer." Sa'eed ibn Jubair reported that Ibn 'Abbas slept (one night), woke up and told his servant, "Look to see what the people are doing." (By that time he had lost his eyesight). The servant returned and told him that they were dispersing from the morning prayer. Ibn 'Abbas then stood, prayed witr and prayed the morning prayer. Volume 1, Page 93: Voluntary Prayers while the Iqamah Is Being Made If the prayer has already started, it is disliked to preoccupy one's self with voluntary prayers. Abu Hurairah reported that the Prophet, upon whom be peace, said, "If the prayer is beginning, there is no prayer save the obligatory one." In another narration it states, "Save for the one for which iqamah has been made." (Related by Ahmad, Muslim, Abu Dawud, at-Tirmizhi, an-Nasa'i and Ibn Majah.) Reported 'Abdullah ibn Sarjis, "A man entered the mosque while the Prophet was leading the morning prayer. The man prayed two rak'ah at the side of the mosque and then entered (the congregation) behind the Messenger of Allah. When the Prophet had finished the prayer he said, 'O so and so, which of the two prayers do you count --the one you prayed by yourself or the one you prayed with us?" (Related by Muslim, Abu Dawud and an-Nasa'i.) The Messenger objected to this act, but he did not order him to repeat his prayer. This shows that such a prayer is valid but disliked. Reported Ibn 'Abbas, "I was praying while the caller to prayer was making the iqamah. The Messenger of Allah pulled me and said, 'Do you pray four rak'ah for the morning (obligatory) prayer?" The hadith is related by al-Baihaqi, at-Tabarani, Abu Dawud, at-Tayalisi and al-Hakim, who said it is sahih according to the criterion of al-Bukhari and Muslim. Abu Musa al-Ash'ari related that the Prophet saw a man praying two rak'ah of the morning prayer while the caller to prayer was making the (second) call. The Prophet touched his elbow and said, "Shouldn't this be before that?" (Related by at-Tabarani. Al-'Iraqi says it is good.) Islaamic_Sharia_Law.pdf Page 143 of 571
Slide 144: Fiqh-us-Sunnah, Volume 1: Azhan, call to prayer The azhan is a call to inform others in specific words that the time for a prayer has begun. It is a call to the congregation, and is an expression of the Islamic practices. It is obligatory or highly preferred. Al-Qurtubi and others have said that the azhan, although it has very few words, covers all essentials of the faith. It begins by proclaiming the greatness of Allah, pointing to His existence and perfection. It mentions His oneness and the denial of polytheism, and it confers the messengership of Muhammad, upon whom be peace. It calls to specific acts of obedience after testifying to Muhammad's messengership, and it calls to a prosperity which is everlasting, pointing to the return to Allah. Then, in a manner of emphasis, it repeats some of what was already mentioned. Volume 1, Page 95a: Azhan, its Virtues and Excellence Many hadith describe the virtues of the azhan and the one who calls it. Such hadith include the following: Abu Hurairah reported that the Prophet said, "If the people knew what was in the azhan and the first row (of the prayer in virtue), and that they could not get it save by drawing lots, they would draw lots. If they knew the reward for praying the noon prayer early in its time, they would race to it. And if they knew the reward for the night and the morning prayers in congregation, they would come to them even if they had to crawl . " (Related by al-Bukhari and others. ) Mu'awiyyah reported that the Prophet, upon whom be peace, said, "The callers to prayer will have the longest necks of all people on the Day of Resurrection." (Related by Ahmad, Muslim, and Ibn Majah.) Al-Barra' ibn 'Aazib reported that the Prophet, upon whom be peace, said, "Allah and His angels pray upon those in the first rows. And the caller to prayer is forgiven, for as far as his voice reaches and whoever hears him will confirm what he says. He will get a reward similar to those who pray with him." This hadith is related by Ahmad and an-Nasa'i. Al-Munzhiri says its chain is good. Abu ad-Darda' reported that he heard the Prophet, upon whom be peace, say, "If three people do not make the azhan and establish the prayer among themselves, Satan gains mastery over them." (Related by Ahmad.) Abu Hurairah reported that the Prophet, upon whom be peace, said, "The imam is a guarantor, and the caller to prayer is one who is given the trust. O Allah, guide the imam and forgive the caller to prayer." 'Uqbah ibn 'Aamar said he heard the Prophet, upon whom be peace, say, "Your Lord, the Exalted, is amazed (and pleased) by one who is watching sheep in his pasture, then goes to the mountain to make the call to prayer and pray. Allah, the Exalted, says, 'Look at my slave there who makes the call to prayer and establishes the prayer out of fear of Me. I have forgiven my slave and have allowed him to enter Paradise."' (Related by Ahmad, Abu Dawud and anNasa'i.) Volume 1, Page 96: Azhan, The Event Behind Its Legislation The azhan was made part of the shari'ah during the first year after the migration to Madinah. The hadith clarify what led up to its institution. Nafa' related that Ibn 'Umar said, "The Muslims would gather and calculate the time of prayer, and no one would call them. They spoke about that one day. Some said, 'We should have a bell like the Christians.' Others said, 'We should have a horn like the Jews.' Suggested 'Umar, 'Why don't we have one person call the others to prayer?' The Messenger of Allah said, 'Stand, Bilal, and make the call to prayer." (Related by Ahmad and alBukhari.) Reported 'Abdullah ibn (Zaid ibn) 'Abd Rabbih, "When the Prophet was to order the use of a bell to call the people to prayer, he disliked it because it resembled the Christian practice. While I was sleeping, a man came to me carraying a bell. I said to him, 'O slave of Allah, will you sell me that bell?' Said he, 'What would you do with it?' I replied, 'I would call the people to prayer with it.' Said he, 'Shall I not guide you to something better than that?' I said, 'Certainly.' Said he, 'You should say, Allahu akbar, Allahu akbar, Allahu akbar, Allahu akbar. Ashhadu alla ilaha illal-lah, ashhadu alla ilaha illallah, Ashhadu anna Muhammad ar-Rasool-lal-lah, ashhadu anna Muhammadar-Rasool-lal-lah. Hayya 'alas-salah, hayyah 'alassalah. Hayya 'alal-falah, hayya 'alal-falah. Allahu akbar, Allahu akbar. La ilaha illal-lah.' Then he went a short distance away and said, 'When you stand for the prayer, say, 'Allahu akbar, Allahu akbar. Ashhadu alla ilaha illal-lah, Ashhadu anna Muhammad ar-Rasoollal-lah Hayya 'alas-salah, hayya 'alal-falah. Qad qaamatis-salah, qad qaamatis-salah. Allahu akbar, Allahu Islaamic_Sharia_Law.pdf Page 144 of 571
Slide 145: akbar. La ilaha illal-lah.'When the morning came, I went to the Messenger of Allah to tell him what I had seen. He said, 'Your dream is true, Allah willing. Go to Bilal, tell him what you have seen, and tell him to make the call to prayer, for he has the best voice among you.' I went to Bilal and told him what to do, and he made the call to prayer. 'Umar was in his house when he heard it. He came out with his cloak, saying 'By the One who has raised you with the truth, I saw similar to what he saw.' The Prophet, upon whom be peace, said, 'To Allah is the praise." The hadith is related by Ahmad, Abu Dawud, Ibn Majah, Ibn Khuzaimah and at-Tirmizhi, who called it hassan sahih. Volume 1, Page 97: Azhan, How It Is Made There are three ways to make the azhan: -1- Make four takbir at the beginning and say the rest of the phrases twice, without any repetition, except for the last statement of la illaha illa-lah. So, the azhan would be made up of fifteen phrases, as in the preceding hadith of 'Abdullah. -2- Make four takbir and then repeat ashhadu an la ilaha illal-lah, twice, and ashhadu anna Muhammad arRasool-lal-lah twice, in a low voice, then repeat them again in a louder voice. Abu Mahzhura reported that the Prophet, upon whom be peace, taught him an azhan consisting of nineteen phrases. This hadith is related by "the five." At-Tirmizhi called it hassan sahih. -3- Make two takbir and repeat the "statements of witness," making the number of phrases seventeen. Muslim records that Abu Mahzhurah related that the Prophet, upon whom be peace, taught him the following azhan: Allahu akbar, Allahu akbar. Ashhadu alla ilaha illal-lah, ashhadu alla ilaha illal-lah. Ashhadu anna Muhammad ar-Rasool-lal-lah, ashhadu anna Muhammad ar-Rasool-lal-lah. Then repeat ashhadu alla ilaha illal-lah (twice), ashhadu anna Muhammad ar-Rasool-lal-lah (twice), hayya 'alas-salah (twice), hayya 'alal-falah (twice). Allahu akbar, Allahu akbar. La ilaha illal-lah. " Volume 1, Page 98: Azhan, At-Tathweeb: (Saying "Prayer is better than sleep" in the Morning Azhan). It is part of the shari'ah that the caller to prayer say, "as-salaatu khairun min an-naum (prayer is better than sleep) in the morning azhan. Abu Mahzhurah asked the Prophet, upon whom be peace, to teach him the azhan, and he told him, "If it is the morning azhan, say, as-salaatu khairun min an-naum, as-salaatu khariun min annaum. Allahu akbar, Allahu akbar. La illaha illal-lah." (Related by Ahmad and Abu Dawud. ) It is to be said only in the morning azhan. Volume 1, Page 98a: Iqamah There are three ways to perform the iqamah: -1- Saying the first takbir four times and everything else twice, with the exception of the last statement of la ilaha illal-lah. Abu Mahzhura said that the Prophet, upon whom be peace, taught him the iqamah consisting of seventeen phrases: Allahu akbar (4 times), ashhadu alla ilaha illal-lah (twice), ashhadu anna Muhammad arRasool-lal-lah (twice), hayya 'alas-salah (twice), hayya 'alal-falah (twice), qad qaamatis-salah (twice), Allahu akbar, Allahu akbar. La ilaha illal-lah. This is related by "the five." At-Tirmizhi grades it -2- To say the beginning and ending takbir, and the phrase qad qaamatus-salah twice. Everything else is to be said once, making eleven phrases. This is based on the preceding hadith of 'Abdullah ibn Zaid: "When you stand for the prayer, say "Allahu akbar, Allahu akbar. Ashhadu alla illaha illal-lah, ashhadu anna Muhammad arRasoolAllah. Hayya 'alas-salah, hayya 'alal-falah. Qad qaamat-issalah, qad qaamatis-salah. Allahu akbar, Allahu akbar. La illaha illal-lah. -3- The same as in the preceding, but Qad qaamatus-salah is said only once, making a total of ten phrases. Imam Malik chose this way, because he found the people of Madinah performing it thus. But says Ibn alQayyim, "It is not proven that the Messenger of Allah ever said 'Qad qaamatus-salah' only once." Ibn 'AbdulBarr is of the view, "In every case, it is said twice." Volume 1, Page 99: What Is Said During the Azhan It is preferred that whoever is listening to the azhan repeat it with the caller, except for the two hayya 'alas-salah, hayya 'alal-falah phrases, after which he should say La haula wa la quwatah illa billah (there is no power or might save Allah). Says an-Nawawi, "Our companions hold that it is preferable for the listener to repeat after the caller (to prayer), except when he comes to the two preceding phrases, for this shows that he approves of what the caller is saying. Those two statements are calls to the prayer, and it is only proper for the caller to prayer to say them. It is preferable for the listener to say something, such as La haula wa la quwatah illa billah. It is confirmed in the Islaamic_Sharia_Law.pdf Page 145 of 571
Slide 146: two Sahihs from Abu Musa al-Ash'ari that the Prophet, upon whom be peace, said, 'La haula wa la quwatah illa billah is a treasure from the treasures of Paradise.' Our companions say that to repeat the call to prayer is preferred for everyone who hears the call, whether clean or unclean, in a state of post-sexual uncleanliness or menstruating, and so on, as it is a remembrance and all of those people who can should make it. Those who can not do so are the ones who are praying, who are relieving themselves, or are having sexual intercourse. If one is reciting the Qur'an, or making remembrance of Allah (zhikr) or studying and so on, he should stop what he is doing and repeat after the caller to prayer. He may then return to what he was doing, if he wishes, or he can pray a voluntary or obligatory prayer." Says ash-Shaf'i, "One should not repeat after the call to prayer, but when he finishes he should repeat what he has said." In al-Mughni, it says, "If one enters the mosque and hears the azhan, it is best that he wait until the caller finishes it before he begins to repeat it. This way he will catch both good deeds. If he does not repeat after the call but starts praying, there is no problem. This is what Ahmad says on the subject." The Muslim should pray for the Prophet, peace be upon him, after the call is over in any of the manners that have been related, and ask Allah to give him the place of wasilah. 'Abdullah ibn 'Amr related that the Messenger of Allah, upon whom be peace, said, "If you hear the call to prayer, repeat after it. Then supplicate for me, for whoever makes one supplication for me, Allah makes ten for him. Then ask Allah to grant me the place of wasilah. It is a place in Paradise reserved for a slave from among the slaves of Allah. I hope to be him, and whoever asks Allah to grant me the place of wasilah, my intercession becomes permissible for him." (Related by Muslim.) Jabir reported that the Prophet said, "Whoever says (after) hearing the call to prayer, 'O Allah, Lord of this complete call and of the estabished prayers, grant Muhammad the place of wasilah, the most virtuous place and raise him to a praiseworthy position that you have promised him,' will have my intercession made permissible for him on the Day of Judgement. (Related by al-Bukhari.) Volume 1, Page 100: The Supplication After the Azhan After the azhan, one should make individual supplications, as that is the time when they will most likely be accepted. Anas reported that the Prophet, upon whom be peace, said, "A supplication made between the azhan and the iqamah is not rejected." As to the authenticity of this report, it is related by Abu Dawud, an-Nasa'i, and at-Tirmizhi, who called it hassan sahih, and added "They asked, 'What should we say, O Messenger of Allah?' He responded, 'Ask Allah for forgiveness and well-being in this world and the Hereafter." 'Abdullah ibn 'Amr related that a man said, "O Messenger of Allah, the callers to prayer get more virtues than us." He said, "Say what they say and when they finish, ask and it shall be given." (Related by Abu Dawud with a sahih chain.) On the same subject, reported Umm Salamah, "The Prophet, upon whom be peace, taught me to say (after) the sunset call to prayer, 'O Allah, this is the beginning of Your night and the end of Your day. I have supplicated to You, so forgive me." Volume 1, Page 100a: Supplication during the Iqamah It is preferred that one who hears the iqamah repeat the words, except when Qad qaamatus-salah is said, he should say, "Allah establishes it and makes it everlasting." Some of the companions reported that when Bilal said this phrase, the Prophet would say "Allah establishes it and makes it everlasting." Volume 1, Page 101: Conditions To Be Met By The Caller to Prayer It is preferred that he meet the following conditions: -1- It is a must that he make the azhan for Allah's sake and not for wages. 'Uthman ibn Abu al-'Aas asked the Messenger of Allah, upon whom be peace, to appoint him as the imam of his people. He replied, "You are their imam. Be careful about the weak amongst them, and appoint a caller to prayer who does not accept wages for his azhan. This hadith is related by Abu Dawud, an-Nasa'i, Ibn Majah and at-Tirmizhi, with a slightly different wording, who called it hasan. He also said that the scholars agree with this, and that they hate to see the caller receive wages for the azhan. -2- He should be clean from major or minor impurities. Al-Muhajir ibn Qanfazh reported that the Prophet, upon whom be peace, said to him, "Nothing prevented me from returning (your salutations) except that I dislike to mention the name of Allah when I am not clean. This report has come from Ahmad, Abu Dawud, an-Nasa'i, Ibn Majah and Ibn Khuzaimah. The latter grades it sahih. According to the Shafiyyah, making the call while one is not in a state of cleanliness is permissible although disliked. According to Ahmad, the Hanafiyyah and others, it is permissible and is not disliked. Islaamic_Sharia_Law.pdf Page 146 of 571
Slide 147: -3- He should be standing and facing the qiblah (the direction of the Ka'bah). Said Ibn al-Munzhir, "There is agreement that it is sunnah for the caller to be standing, for then he can be heard far away. It is also sunnah that he face the qiblah while making the azhan. If he turns away from the qiblah, his azhan will be sound, but the act will be disliked. -4- He should turn with his head, neck and chest to the right upon saying "Hayya 'alas-salah" and to the left upon saying Hayya 'alalfalah." Says an-Nawawi, "It is the most authentic form." Reported Abu Juhaifah, "Bilal made the azhan, and I saw the movement of his mouth from this side to that side upon saying "Hayya 'alas-salah" and "Hayya 'alal-falah." (Related by Ahmad, al-Bukhari and Muslim.) According to al-Baihaqi, this turning is not documented through sound chains. In al-Mughni, it states from Ahmad that the caller should not turn to the left or to the right unless he is at the top of a minaret, so that the people on both sides can hear him. -5- He should insert his index fingers into his ears. Talking of his practice, Bilal said, "I put my index fingers into my ears and made the azhan. (Related by Abu Dawud and Ibn Hibban.) Says at-Tirmizhi, "The scholars prefer the callers to put their index fingers into their ears while making the azhan." -6- He should raise his voice for the call, even if he is alone in the desert. 'Abdullah ibn 'Abdurahman related from his father that Abu Sa'eed al-Khudri said to him, "I see that you love the sheep and the desert. If you are with your sheep or in the desert, then raise your voice while making the call to prayer, for any jinn, human or thing within hearing distance of your voice will be a witness for you on the Day of Resurrection...I heard the Messenger of Allah say that." (Related by Ahmad, al-Bukhari, an-Nasa'i and Ibn Majah.) -7- He should pause between each phrase during the azhan and be quick in making the iqamah. Many narrations have reported that this act is preferred. -8- He should not speak during the iqamah. Some scholars dislike that he should even speak during the azhan, although al-Hasan, 'Ata and Qatadah permit it. Says Abu Dawud, "I asked Ahmad, 'May a man speak during his azhan?' He said, 'Yes.' 'May he speak during the iqamah?' He said, 'No,' and that is because it is preferred that he make it quickly." Volume 1, Page 102: The Azhan Before and at the Beginning of the Prayer Time The azhan is to be made exactly at the beginning of the prayer time, except for the morning prayer, when it may be said before dawn (provided that the people are able to distinguish between the early azhan and that of the proper time). 'Abdullah ibn 'Umar related that the Prophet, upon whom be peace, said, "Bilal makes the azhan during the night, so eat and drink until you hear the azhan of Ibn Umm Maktum." (Related by al-Bukhari and Muslim.) The wisdom behind allowing the morning azhan a little earlier is made clear in a hadith recorded by Ahmad and others from Ibn Mas'ud: "None of you should let Bilal's azhan prevent you from the pre-dawn meal, as he is making the azhan for those who are praying to stop and for those who are sleeping to get up." But Bilal made his azhan in exactly the same way as the regular azhan. At-Tahawi and an-Nasa'i relate that the time difference between Bilal's azhan and that of Ibn Umm Maktum was the time it took for one to come down from the minaret and for the others to get up to it. Enough time should be left between the azhan and iqamah for people to prepare themselves for prayer and get to the mosque. The hadith that state the time difference are weak. Al-Bukhari has a section entitled How Much Time Is There Between the Azhan and Iqamah?, but no specific length of time has been confirmed therein. Ibn Batal said, "There is no time limit set, except that of the time beginning and the people gathering for the prayer." Jabir ibn Sumra said, "The callers to prayer of the Prophet would make the azhan and then leave some time, making the iqamah only when they saw the Prophet, upon whom be peace, coming (to the place of prayer). (Related by Ahmad, Muslim, Abu Dawud, and at-Tirmizhi.) Volume 1, Page 103: Whoever Makes the Azhan May Make the Iqamah This is so because the caller to prayer takes precedence in making the iqamah. Says Ash-Shaifi, "If a man made the azhan, he should follow it up with the iqamah." Of this, at-Tirmizhi says, "Most of the scholars agree with this opinion." Volume 1, Page 103a: When One Should Stand for the Prayer Islaamic_Sharia_Law.pdf Page 147 of 571
Slide 148: Malik states in al-Muwatta, "I have not heard anything concerning the specific time to stand for prayer. I have seen some peope lagging and others being quick." Ibn al-Munzhir recorded that Anas would stand when Qad qaamtus-salah was said. Volume 1, Page 103b: Leaving the Mosque After the Azhan (and Before the Prayer) It is not allowed to leave the call unanswered or to leave the mosque after it has been made, unless there is some excuse or one has the intention to return for the prayer. Abu Hurairah related that the Prophet, upon whom be peace, told them, "If one of you is in the mosque and the call is made, he should not leave the mosque until he prays." (Related by Ahmad with a sahih chain.) It is also related that Abu Hurairah said about a man who left the mosque after the call had been made, "That man has disobeyed Abu al-Qasim (the Prophet, upon whom be peace)." This is related by Muslim and others. Mu'azh at-Jahni related that the Prophet said, "It is the utmost apathy and sign of disbelief and hypocrisy that one who hears the call of Allah to salvation does not respond." (Related by Ahmad and at-Tabarani.) Commenting upon this, at-Tirmizhi says, "It has been related from more than one of the companions that one who hears the call and does not respond will have no prayer. Some said that this is the maximum imposition, which shows that there is no excuse for one who does not attend the congregational prayer without a valid reason." Volume 1, Page 104: The Azhan and Iqamah for Those Who Missed the Proper Time of Prayer One who sleeps through the time of a prayer or who forgets a prayer may make azhan and iqamah when he desires to pray. In a story recorded by Abu Dawud, when the Prophet, upon whom be peace, and his companions slept through the time of the morning prayer, he ordered Bilal to make the azhan and iqamah for the prayer. If one has missed many prayers, it is preferred to make one azhan at the beginning followed by an iqamah for each prayer. Says al-'Athram, "I heard Abu 'Abdullah (Ahmad) being asked what a man who had missed a prayer should do about the azhan. He mentioned the hadith of Hushaim from Abu az-Zubair...that the idol-worshippers kept the Prophet busy during four of his prayers during the Battle of the Clans. When part of the night had passed, he ordered Bilal to make the azhan and the iqamah and they prayed the afternoon, sunset, and night prayers in succession, each time followed by the iqamah. Volume 1, Page 104a: The Azhan and Iqamah for Women Said Ibn 'Umar, "There is no azhan or iqamah for women." (Related by al-Baihaqi with a sahih chain.) This was the opinion of Anas, al-Hassan, Ibn Sireen, an-Nakha'i, al-Thauri, Malik, Abu Thaur and the people of "juristic reasoning." Ash-Shaifi, Ishaq and Ahmad said if they make the iqamah and azhan, there is no problem. It is related from 'Aishah that she would make the azhan and iqamah and lead the women in prayer, standing in the middle of the row. (Related by al-Baihaqi.) Volume 1, Page 105: Entering the Mosque After the Prayer Is Finished The author of al-Mughni states, "If one enters the mosque after the prayer is finished, he may make the azhan and iqamah. Ahmad's practice, based on what al-'Athram and Sa'eed ibn Mansur recorded from Anas, was to ask a person to make the azhan and iqamah, after which he would pray with (some people) in congregation. If a person wishes, he may pray without making the azhan and iqamah. Says 'Urwa, "If you reach a mosque wherein the people have already prayed, you may base your prayer on their azhan and iqamah, as theirs are sufficient for those who come after them." This was the opinion of al-Hassan, ash-Sha'bi and an-Nakha'i. AlHassan, however, said, "I prefer that he makes the iqamah. If he makes the azhan, he should do so in a low voice and not aloud, for some people may consider it out of place." Volume 1, Page 105a: The Time Between the Iqamah and the Prayer It is permitted to talk between the iqamah and the prayer. One need not repeat the iqamah, even if the interval is long. Reported Anas ibn Malik, "The iqamah was made while the Messenger of Allah was talking to a man in the corner of the mosque. He did not come to the prayer until the people had fallen asleep." (Related by al-Bukhari) One time, the Messenger of Allah, upon whom be peace, remembered that he was in post-sex impurity after the iqamah had been made, so he went to make ghusl and came back to lead the prayer without (a new) iqamah. Volume 1, Page 105b: The Iqamah of One Who Is Not the Designated Caller If someone other than the appointed caller wants to make the azhan, he must obtain the latter's permission. If the appointed or regular caller is late and they fear that they will miss the time of the azhan, another person may make the call. Volume 1, Page 106: Extraneous Additions to the azhan Islaamic_Sharia_Law.pdf Page 148 of 571
Slide 149: The azhan is a form of worship. Muslims are not allowed to add or subtract anything from it. There is an authetic hadith which states, "Whoever introduces something to this affair of ours will have it rejected." We will discuss some of these acts here: The caller saying, "I bear witness that our leader (Muhammad) is the Messenger of Allah." Ibn Hajr is of the opinion that the word 'leader' may not be added, although it is permissible on other occasions. Shaikh Isma'il al-'Ajluni records in Kashfal-Khafa', "Wiping the eyes with the index fingers and then kissing them after hearing the caller say 'I bear withess that Muhammad is the messenger of Allah,' and with the listener saying, 'I bear witness that Muhammad is His slave and messenger. I am pleased with Allah as Lord, with Islam as religion, and with Muhammad as the Prophet," is based on ad-Dailami's report from Abu Bakr that when he heard the caller say, "I bear witness that Muhammad is the Messenger of Allah," he would say the same, kiss the inside of his index fingers and wipe his eyes. The Prophet then said, "Whoever does what my friend (Abu Bakr) did, then my intercession will be permissible for him." In al-Maqasid it says, "This is not true. And what Abu Bakr ar-Raddad al-Yamani al-Mutasawaf recorded in Mujibat ar-Rahmah wa Aza'im al-Maghfirah is not true. Its chain is of unknown narrators and, moreover, the chain is broken." There is another report of equally dubious import from al-Khidrs and mentioned in the preceding book: "Whoever says, upon hearing the caller say, 'I bear witness that Muhammad is the Messenger of Allah,' 'Welcome O my love and the coolness of my eyes, Muhammad ibn 'Abdullah, upon whom be peace,' and then kisses his index fingers and wipes his eye with them, he well never go blind; nor will he never be afflicted with an eye infection."' None of these practices can be attributed to the Prophet or his companions. Volume 1, Page 107: Singing the Azhan To "sing" the azhan or to state it in improper Arabic by adding a letter or lengthening the sound of a vowel, and so on, is disliked. If it changes or obscures the meaning of what is said, it becomes forbidden. Reported Yahya al-Baka', "I saw Ibn 'Umar say to a man, 'I am mad at you for the sake of Allah.' Then he said to his companions, 'He sings in making his azhan, and he takes wages for it."' Volume 1, Page 107a: Zhikr and azhan Making zhikr, supplications, and practices of a similar nature before the morning azhan are innovations to the sunnah. In al-Iqna and its commentary, a book of Hanbali fiqh, it is stated, "What some callers do before the morning azhan (i.e. zhikr, chanting, loud supplications and so on) are not part of the sunnah. No scholar has said that it is preferred to do such acts. In fact, they are hateful innovations introduced after the time of the Prophet and his companions. No one is to order such acts, and no one is to blame one who avoids such acts. If one has left money for such acts, it is not permissible to use it for those acts, as they contradict the sunnah. In Talbis Iblis by Ibn al-Jauzi, it states, "I have seen people staying up a part of the night on the minaret admonishing the people, making zhikr and reciting the Qur'an in a loud voice. They keep people from sleeping and disturb those who are making late-night prayers. These are rejected and evil actions." Ibn Hajr says in Fath al-Bari, "What is done in the way of zhikr before the morning azhan, the Friday prayers and the prayers for the Prophet is derived neither from the azhan nor from the Islamic law. Volume 1, Page 107b: To say aloud "Peace and blessings upon the Messenger" after the azhan This is a hated innovation. Ibn Hajr says in al-Fatawa al-Kubra, "Our shaikhs and others have given a legal verdict about the prayers and salutations for the Prophet after the azhan and how the callers to prayer do it. Their verdict is that (the prayers for the Prophet) has its root in the sunnah, but the manner in which they perform it is an innovation." Muhammad 'Abduh was asked about saying the prayers and salutation for the Prophet subsequent to the azhan and he said, "The azhan, as mentioned in al-Khaniyyah, is only for the prescribed prayers. It consists of fifteen phrases, the last being La ilaha illal-lah. Whatever is mentioned before or after it is an innovation. It has been introduced for rhythm, and nothing else. There is hardly a scholar who has allowed it, nor does it make any sense to say that it is a good innovation, for every innovation in matters of worship is evil. Whoever claims that it is not for melody is lying." Islaamic_Sharia_Law.pdf Page 149 of 571
Slide 150: Fiqh-us-Sunnah, Volume 1: Prerequisites of the Prayer Volume 1, Page 109a: Knowledge that the time for prayer has begun If one is certain or fairly certain that the time has begun, he may pray. How he reached his decision is not important. Volume 1, Page 109b: Purity From Major and Minor Impurities Says Allah in the Qur'an, "O you who believe, when you rise for the prayer, wash your faces, your hands up to the elbows, and lightly rub your hands and (wash) your feet up to the ankles. If you are unclean, purify yourselves." Ibn 'Umar reported that the Prophet said, "Allah does not accept any prayer that was not performed while in a state of purity, nor does he accept charity from what has been stolen from booty." (Related by "the group.") Volume 1, Page 109c: Purity of the Body, Clothes and Place Such objects should be clean of physical impurities as much as possible. If one can not remove them, he may pray with the impurities present and does not have to repeat the prayer later. Concerning bodily purity, Anas related that the Prophet upon whom be peace, said, "Stay clean of urine, as the majority of punishment in the grave is due to it." This is related by ad-Daraqutni, who said it is hassan. Reported 'Ali, I used to have a great deal of prostatic fluid flowing, so I asked a man to ask the Prophet about it (as I was shy to ask him, due to my relationship with him through his daughter). He asked him and the Prophet, upon whom be peace, said, "Make ablution and wash your penis." (Related by al-Bukhari and others.) 'Aishah also related that the Messenger of Allah said to women with a prolonged flow of blood, "Wash the blood from yourself and pray . " Concerning purity of clothing, we have the following: Says Allah, "And purify your raiment" (al-Muddathir 4). Jabir ibn Sumrah reported that he heard a man ask the Prophet, "May I pray in the same clothes that I had on during intercourse with my wife?" He said, "Yes, but if you see some stains on it, you must wash it." This hadith is related by Ahmad and Ibn Majah. Its narrators are trustworthy. Reported Mu'awiyyah, "I asked Umm Habibah, 'Did the Prophet pray in the same clothes that he wore when he had intercourse?' She said, 'Yes, if there were no stains on it."'(Related by Ahmad, Abu Dawud, an-Nasa'i and Ibn Majah.) Abu Sa'eed reported that the Prophet removed his shoes and the people behind him did likewise. When he finished the prayer, he asked, "Why did you remove your shoes?" They said, "We saw you remove yours." He said, "Gabriel came to me and informed me that there was some filth on them. Therefore, when one of you comes to the mosque, he should turn his shoes over and examine them. If one finds any dirt on them, he should rub them against the ground and pray with them on." The hadith is related by Ahmad, Abu Dawud, al-Hakim, Ibn Hibban and Ibn Khuzaimah. The latter grades it as sahih. This hadith shows that if one enters the mosque (with his shoes on) and is unaware of some impurity or has forgotten it, and he suddenly remembers it during the prayer, he must try to remove it and proceed with the prayer. He does not have to repeat it later on. Concerning the purity of the place where one is praying, Abu Hurairah said, "A bedouin stood and urinated in the mosque. The people got up to grab him. The Prophet said, 'Leave him and pour a container full of water over his urine. You have been raised to be easy on the people, not to be hard on them." (Related by "the group," except for Muslim.) Commenting on this subject, ash-Shaukani says, "If what has been produced of proof is firmly established, then one would know that it is obligatory to have one's clothes free of impurities. Whoever prays and has impurities on his clothing has left one of the obligations of the prayer. But his prayer would not be voided." In ar-Rauzhat an-Nabiyyah it states, "The majority of scholars are of the opinion that it is obligatory to purify three things: the body, the clothes, and the place of prayer. Some are of the opinion that this is a condition for the soundness of the prayer, and others say that it is just a sunnah. The truth of the matter is that it is obligatory. Whoever intentionally prays with impurities on his clothing has left one of the obligations (of the prayer), but the prayer is still valid." Volume 1, Page 111: Covering the 'Aurah Says Allah in the Qur'an, "O Children of Adam, take your adornment (by wearing proper clothing) for every mosque" ( al-A'raf 31). The meaning of "adornment" here is the covering of the 'aurah. The meaning of Islaamic_Sharia_Law.pdf Page 150 of 571