Kangaroo Meat

Q.) A number of Muslim brothers and sistes in Australia have informed me that Kangaroo (Australian native anima) is halal. The reasoning they have provided is that it eats plants and grasses and does not eat other animal meat. Is this the only criteria in determining whether an animal is haram or halal? I have also been aware that the type of foot the animal has also determines that halal or haram status of animals?

A.) Kangaroo is a halal animal because there is no basis for its prohibition. The only condition is that it should be slaughtered with all necessary conditions of Islamic slaughtering.

By Mufti Muhammad Taqi Usmani

Reciting behind the Imam

Q

As salamu aleykum,
According to Imam Muhammad (rah) its alsoud to recite behind imam silent prayers like Zuhr, Asr.Is it according to Imam Muhammad (rah) only aloud to recite Surah Al Fatiha? Or does it also mean the Subhanaka as well as the Zammi Surah (the optional surah after Fatiha) in the first 2 rakah's of a 4 unit prayer?
Was salaam

A

Muhtaram ,

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh

Mulla Ali Qari mentions:

والإمام محمد من أئمتنا يوافق الشافعي في القراءة في السرية وهو أظهر في الجمع بين الروايات الحديثية وهو مذهب الإمام مالك أيضا
(Mirkat-ul-Mafateeh 2/284 Maktaba Imdaadiyah)

Burhaan al-Din, in his masterpiece Al-Hidaya states:

ويستحسن على سبيل الا حتياط فيما يروى عن محمد رحمه الله ويكره عندهما لما فيه من الوعيد

(Al-Hidayah 1/121 Maktaba Shirkat-e-Ilmiyah)

Regarding these statements, Ibn Nujaim writes:

وفي الهداية ويستحسن على سبيل الاحتياط فيما يروى عن محمد ويكره عندهما لما فيه من الوعيد وتعقبه في غاية البيان بأن محمدا صرح في كتبه بعدم القراءة خلف الإمام فيما يجهر فيه وفيما لا يجهر فيه قال وبه نأخذ وهو قول أبي حنيفة ويجاب عنه بأن صاحب الهداية لم يجزم بأنه قول محمد بل ظاهره أنها رواية ضعيفة ، وفي فتح القدير والحق أن قول محمد كقولهما

(Al-Bahr Al-Ra’iq 1/343 Maktaba Rashidiyah)

Furthermore, in the Muwatta of Imam Muhammad, his view is mentioned as:

قال محمد لا قراة خلف الامام فيما جهر فيه و لا فيما لم يجهر بذلك جاءت عامة الاثار وهو قول ابي حنيفة

(page96 Kadimi Kutub Khana)

It is also stated in Kitaab Al-A’thar that Imam Muhammad’s opinion is of not reciting behind the imam in any prayers, whether silent or loud.

(Kitaab Al-A’thar : 16/17)

Considering the above mentioned references, it is clear that Imam Muhammad’s opinion was of a muktadi not reciting behind the imam.

And Allah knows best

Wassalam

Ml. Ahmed Mohomed Pandor,
Checked and Approved by:
Mufti Ebrahim Desai

On Seeing the private parts of the spouses...

Q.

I want to get an explanation of two seemingly contradictory Hadith. One is from Tirmidhi Sahrif where its Baab is Ummul Muminin Aisha (RA) never saw the private parts of Rasulullah (PBUH) and reverse also. Another place (Hayatus Sahaba written by Mawlana Yusuf (RA) in the chapter of Sahabahs Shyness and Modesty) where Rasulullah (PBUH) stated that (its more or less meaning is) ALLAH SWT made the couple as libaas(dress) to each other, So they (Rasul of ALLAH and his wives) see their private parts. He (PBUH) made this comment on the shyness of Uthman ibn Maj'oon (RA). There its rewat was written from Sa'ad ibn Masud and Umarah ibn Guraab (RA).

A.

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

Hadith of Hayatus-sahaaba :-

و اخرج ابن سعد عن سعد بن مسعود رضى الله عنه و عمارة بن غراب اليحصبى ان عثمان بن مظعون رضى الله عنه اتى النبى صلى الله عليه و سلم فقال : يا رسول الله انّى لا احبّ ان ترى امرأتى عورتى , قال رسول الله صلى الله عليه و سلم " و لم " قال استحيى من ذلك و اكرهه , قال " انّ الله جعلها لك لباسا و جعلك لها لباسا و اهلى يرون عورتى و انا ارى ذلك منهم " قال انت تفعل ذلك يا رسول الله صلى الله عليه و سلم قال " نعم " قال فمن بعدك , فلما ادبر قال رسول الله صلى الله عليه و سلم " انّ ابن مظعون لحيّي ستّير "

Hayaatus-Sahaabah Pg. 555 Vol. 2 (Darul Qalam)

Hadith of Tirmidhi:-

قالت عائشة رضى الله عنها ما نظرت الى فرج رسول الله صلى الله عليه و سلم او قالت ما رايت فرج رسول الله صلى الله عليه و سلم قط

Shamaa'il at-Tirmidhi Pg. 24 (Qadeemi)

1) Rasulullah (صلى الله عليه و سلم) was the perfect and complete example for all mankind, likewise all his attributes, be it his outward appearance or his character, where of the highest standard.

· Shame and modesty are qualities, not only encouraged in Islaam, but rather emphasized and stressed upon.

· Due to this fact, Rasulullah (صلى الله عليه و سلم) would have been the embodiment of these qualities.

· Abu Saeed al-Khodhri has described the practical modesty and shyness of Rasulullah (صلى الله عليه و سلم) to be more than a young virgin girl that is extremely modest and bashful.

عن ابى سعيد الخدرى قال كان رسول الله صلى الله عليه و سلم اشدّ حياء من العذرء فى خدرها و كان اذا كره شيئا عرفناه فى وجهه

Shamaa'il at-Tirmidhi Pg. 24 (Qadeemi)

· Rasulullah صلى الله عليه و سلم)) had also verbally emphasized upon modesty stating "For every religion there is a salient characteristic, the salient characteristic of Islaam is modesty."

عن زيد بن طلحة قال قال رسول اللهصلى الله عليه و سلم انّ لكلّ دين خلقا و خلق الاسلام الحياء

Mishkaat Pg. 432 (Qadeemi)

· The sentiment expressed in the hadith of Hayaatus-sahaabah is not in conformity with the numerous ahaadith that indicate the excessive modesty of Rasulullah (صلى الله عليه و سلم).

· Based on this fact we should consider the following point :-

o The عورة (private parts) are divided into two types.

لانّ العورة نوعان غليظة و خفيفة

Fathul-Qadeer Vol. 1 Pg. 262 (Darul-fikr)

1) – عورة خفيفة – Those part of the body which are necessary to cover, but are not very intimate e.g. the back of a women, or the thighs of a man.

و العورة الخفيفة ما عدا القبل و الدبر

Al-Binaiyah Pg. 147 Vol. 2 (Darul – fikr)

2) – عورة غليظة – Those parts of the body which are very intimate i.e. the hind side and the reproductive organs.

و العورة الغليظة هى القبل و الدبر

Fathul – Qadeer Pg. 262 Vol. 1 (Darul-fikr)

العورة الغليظة هى القبل و الدبر

Al-Binaiyah Pg. 147 Vol. 2 (Darul-fikr)

The reference made to عورة in the hadith is in fact indicative of عورة خفيفة (less intimate) rather than عورة غليظة (intimate). That is, possibly the back or a portion of the thigh was seen, but due to the dictates of extreme modesty the intimate private parts where not seen, thus conforming to the narration of Ayesha (رضى الله عنها) that she had never seen the private parts of Rasulullah ( صلى الله عليه و سلم) i.e. she had seen the less intimate, but the intimate was not seen and vice versa.

B) The words describing Uthmaan bin Maz'oon are حيى, ستّير these are on the Arabic morphological scale of فعيل which gives the word the meaning of excessiveness. That is, Uthmaan bin Maz'oon was extremely bashful and modest, to the extent that the considered those acts which where not shameless or immodest to be shameless and immodest.Therefore it is possible that he considered the less intimate private parts, which by looking at does not constitute an immodest act e.g. like looking at the back or shoulder of one's wife or the wife seeing the knee or thigh of her husband, to be in the same category as the intimate private parts. Rasulullah (صلى الله عليه وسلم) was pointing out to him the difference.

And Allah knows best

Wassalam

Ml. Abdul Hameed,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

The Rank of Recent Hanafi Jurists

The Rank of Recent Hanafi Jurists
(from Pearls of the Elders)

Foreword by Maulana Abu Zaynab

The maktubat (letters) written by the ‘Ulama and masha’ikh to their murids (disciples) and fellow ‘Ulama overflow with wisdom and are truly a delight to read. They allow readers a brief glimpse into the life of those close to the Almighty.

The reading of letters written by the Sufis has been a practice among various Sufi tariqats for centuries, perhaps one of the most famous being the Maktubat of Mujaddid Alf-e-Thani Imam Rabbani Shaykh Ahmed Sarhindi (may Allah enlighten his grave), which has been translated into various languages and is commonly read by the Naqshbandi Mujaddidis and also by other tariqats in the Indian sub-continent.

Likewise, those connected to Shaykh al-Hadith Mawlana Muhammad Zakariyya Kandhalawi have also tirelessly produced compilations of Hadhrat Shaykh’s letters to his murids. Many of those connected to Hadhrat Shaykh’s various khulafa (spiritual successors) are regularly advised to read these letters with the aim of gaining faydh (spiritual blessings) and an understanding of the way of our Akabir and ultimately traversing the Path and reaching the Goal.

Below is one of those blessed letters written by ‘Allamah Zahid al-Kawthari, known as the ‘Allamah Kashmiri of Egypt, who described Hadhrat Mawlana Mufti Shafi Uthmani (father of Hadhrat Mawlana Mufti Taqi Uthmani and Hadhrat Mawlana Mufti Rafi Uthmani, and founder of Darul Uloom Karachi) as faqih an-Nafs, a term that Mufti Taqi Saheb explains in detail in his prelude below.

In this same letter, ‘Allamah Zahid al-Kawthari also refers to another Deobandi scholar, ‘Allamah Shabbir Ahmad ‘Uthmani as Muhaqqiq al-‘Asr and ‘that person who holds a unique position in knowledge.’

In his explanation of the term faqih an-Nafs, Mufti Taqi explains how ‘Allamah Anwar Shah Kashmiri conferred the title faqih an-Nafs on the likes of ‘Allamah Ibn Nujaym, the author of Al-Bahr ar-Raa’iq and Hadhrat Mawlana Rashid Ahmad Gangohi, but not on ‘Allamah Ibn ‘Abideen ash-Shaami.

‘Allamah Kashmiri, named Imam al-‘Asr (Imam of his time) by the likes of Shaykh Abd al-Fattah Abu Ghuddah, spent time in the company of Hadhrat Gangohi, acquiring knowledge in both the outward and inwards sciences and thus his praise is a first hand account of the vast knowledge and understanding of the Deen given by Allah to Hadhrat Maulana Rashid Ahmad Gangohi. It is a testimony to Hadhrat Gangohi’s high standing in fiqh and issuing Fatawa (legal rulings).

For the benefit of the lay people, it should be noted that in no way does such a decision by Hadhrat Kashmiri belittle the rank of ‘Allamah ash-Shaami, who was a scholar of great magnitude. On the opposite end of the spectrum, it is heartrending to see, in this day and age, people belittling the stance of Hadhrat Mawlana Rashid Ahmed Gangohi and his students on various issues, particularly in relation to customary practices (mawlid/milad, hawl/urs), calling them “reformative” or “minority opinions”. In fact certain quarters venture further and level charges of infidelity against these icons of spirituality and piety, who firmly adhered to the requisites of the shariah and became the embodiment of the sunnah.

Hadhrat Mufti Muhammad Taqi ‘Uthmani writes:

The conclusion of the previous texts is that a great man cannot become great just like that. Rather, in order to attain a lofty position in any particular science or knowledge, and in order to make that knowledge beneficial from the perspective of serving the faith and serving the creation, one needs to pass various stages. The lofty status of my father in religious sciences, in particular fiqh and the issuance of fatawa, was – apart from being a particular gift from Allah Almighty – the result of those outward means [zahiri asbab] that he adopted in their pursuit.

According to this lowly one, these zahiri asbab can be mentioned as four; striving, sincerity, the company of the pious elders, and a care for and extreme attention in gaining their [the pious elders’] tarbiyyat [upbringing]. The outcome of the complete attention of adhering to these four things resulted in Allah Almighty awarding him in fiqh and fatwa a status that made him unique and distinct amongst the people of his era.

‘Faqih an-Nafs” is among the terminology used by the fuqaha [jurists]. It refers to that person, who after long engagement with the science of fiqh, is granted by Allah Almighty a natural disposition with which one is able to come to correct conclusions [in matters of fiqh] without referring to books.

It is not befitting a person like me, who has no knowledge and little good deeds, to award any individual the title of Faqih an-nafs. The process of identifying a faqih an-nafs is the lot of those who Allah Almighty has given in-depth knowledge. For this purpose [of identifying a faqih an-nafs] the likes of ‘Allamah Anwar Shah Kashmiri is needed. ‘Allamah Anwar Shah Kashmiri was not ready to confer this title [of Faqih an-Nafs] on a scholar of such vast knowledge as ‘Allamah Ibn ‘Abideen ash-Shaami, but rather gave it to ‘Allamah Ibn Nujaym, the author of Al-Bahr ar-Raa’iq. He also admitted that Hadhrat Mawlana Rashid Ahmad Gangohi was Faqih an-Nafs.

The famous research scholar of Egypt ‘Allamah Zahid al-Kawthari also referred to my respected father as Faqih an-Nafs. ‘Allamah Zahid al-Kawthari is that pious scholar who is referred to as the “‘Allamah Anwar Shah Kashmiri of Egypt” due to his vast, encyclopaedic knowledge. Once, my respected father wrote to him in relation to a juristic problem. The letter was answered and my father included part of this letter in his treatise Aalah Mukabbir as-Sawt. However, most probably out of humbleness, he did not relay the entire letter, which is still available in its original form in my respected father’s files. I present the entire letter here:

‘Allamah Zahid Al-Kawthari’s letter

To our respected brother (for the sake of Allah), the ‘Allamah, the Hadith Scholar, the Jurist, Mufti Muhammad Shafi’ ad-Deobandi (may Allah protect him)

Assalamu alaykum wa rahmatullah wa barakatuh,

I received your kind letter on the 15th of Safar, 1369 AH. There was much delay in receiving this letter due to a mistake in the address. Anyway, your kindness in writing to me greatly pleased me. I thank Allah that you are well and that you have remained busy in the affairs of the religion with your excellent companions under the leadership of Shaykh al-Islam ‘Allamah Shabbir Ahmad ‘Uthmani (may Allah lengthen his life in goodness and wellbeing, and may Allah grant you all the ability to establish Islamic knowledge and the foundations of Shari’ah in this Islamic state for which we have high aspirations).

I hope that you send my sincere greetings and regards to that person who holds a unique position in knowledge, Muhaqqiq al-’Asr Mawlana [Shabbir Ahmad] ‘Uthmani. May Allah cure him completely from that illness which he has. The scholarly community of the world is impatiently awaiting him to expand his efforts in completing his commentary, which is tremendous in every way.[1]

I have desired, for a long time, [to become acquainted] with your honoured self, since I have seen your beneficial works and benefited from them. Ustadh [Yusuf] Binnori and Ustadh [Ahmad Ridha] al-Bijnori[2] have been perfuming our gatherings with sweet smelling words of praise for you. Therefore, my happiness was multiplied when I was made aware of your membership to the organisation that Mawlana ‘Uthmani presides over. [3] Your words are due to your extreme humbleness, otherwise your high rank in knowledge is known to all, whether they are close to you or far. We supplicate sincerely for you all, for complete success in your efforts, and that Allah keep you safe from the evils of the Isma’ilis and the Qadiyanis, and their like at home and abroad.

As far as issuing fatawa is concerned, you are the expert in this. Your long engagement [with issuing fatawa] has made you ‘Faqih an-Nafs’ in the true sense. The points that you have brought up [in your letter] are extremely notable … [Trans: this part of the text has been omitted by Hadhrat Mufti Taqi Saheb]

However, I do not dare add my signature to the fatwa, [because] I consider this to be insolence in light of your expertise in fiqh.

I pray to Allah that he grants you and I the ability to do that in which his pleasure lies and that he keeps you in good health.

The author of Faharis al-Bukhari [4] was extremely pleased at your appreciation for his book. He expresses his gratitude and sends his sincere greetings. I hope you do not forget me in your prayers during those likely times in which prayers are accepted.

Sincerely,

Muhammad Zahid al-Kawthari.

16 Safar 1369 AH

Mere Walid Mere Shaykh Aur Un ka Mijaz Wa Mizaq, Idarat-ul-Ma’arif, Pages 58-62

________________________________________
[1] Referring to the commentary of the Sahih of Imam Muslim, Fath al-Mulhim, work of ‘Allamah Shabbir Ahmad ‘Uthmani and of which only three volumes were published. The later volumes, entitled Takmilah Fath al-Mulhim, were completed by Mufti Taqi ‘Uthmani himself.
[2] They were both in in Egypt at the time. They are among the prominent students of Imam al-’Asr ‘Allamah Anwar Shah Kashmiri.
[3] Referring to the ‘Ta’limaat Islami Board, established in Pakistan
[4] The author of Faharis al-Bukhari was a student of ‘Allamah al-Kawthari. He had sent this book to Mufti Muhammad Shafi’ for review. Mufti Muhamamd Shafi’ wrote a forward for it which has since been published.

http://attalib.blogspot.com/2007/06/rank-of-recent-hanafi-jurists.html

Purchasing a house on Mortgage (Canada)

Q.

I want to buy house here in Canada but I don’t have enough money to buy the house. Can I borrow money from bank I know this is interest but here so many guys says u can buy house with interest and u should be live there u cant do that like business purpose, like BUY and SALE?

A.

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

1) Interest in its entirety is prohibited in shariah. Consider the followinginjunctions on interest.

يايّها الذين ءامنوا لا تأكلوا الربؤا اضعافا مضعفة.

“Oh you who believe do not eat up interest doubled and redoubled”

(Surah AL-i- Imraan 3:130)

2) ALLAH TAALA proclaims in the most clearest terms in surah al-Baqarah, the prohibition of interest.

الذين يأكلون الربؤا لا يقومون الاّ كما يقوم الذى يتخبطه الشيطان من المس . ذلك بانّهم قالوا انّما البيع مثل الربؤا . و احلّ الله البيع و حرّم الربؤا . فمن جاءه موعظة من ربه فانتهى فله ما سلف . و امره الى الله . و من عاد فاولئك اصحاب النار . هم فيها خالدون .

“Those who eat interest will not stand up (on the day of judgment) but they will stand like he whose intelligence had been spoilt by the touching of shaitaan. That is because they said, “verily trade is like interest” whereas ALLAH has made halaal trade and forbidden interest.

So to whoever came advice from his Lord, then he should abstain, for him is what has passed and his matter is to ALLAH, and whoever rejects then those are the people of the fire. They will abide in it for eternity.” Surah al-Baqarah 2:

قال : و يأذن الله لالبر و الفاجر يوم القيامة بالقيام الا آكل الربا فانه لا يقوم الا كما يقوم الذى يتخبطه

الشيطان من المس.

(Mirqaat Vol. 6 Pg. 42 Darul kutub Beirut)

Mulla Ali Qaari (R.A.) further commentates on this verse saying that ALLAH will grant permission on the Day of Judgment to both the pious and sinful to stand from their graves, except the person who indulged in interest. He will stand in a condition of madness and insanity.

3) يمحق الله الربوا و يربى الصدقت . و الله لا يحب كل كفاّر اثيم

“ALLAH will destroy interest and increase charity and ALLAH dislikes every ungrateful sinner.” Surah al-Baqarah

The increase that is observed through transactions of interest is empty of any kind of blessing and will lead to the certain destruction of the person involved on the Day of Judgment. It is truly a wretched and ungrateful person who lends out the wealth ALLAH has given him in order to collect interest. However much a person increases his wealth through interest it will ultimately avail him nothing. On the other hand charity is a means of salvation for the person

and will ultimately lead to his success on the Day of Judgment. It clear to see from the many examples around us that those people who live their lives on interest seldom find any peace and their wealth has no blessings in it, but those people who are charitable have great blessings in their lives and wealth.

Rasulullah (صلى الله عليه و سلم) has cursed that person who takes interest, the person who gives it, the person who writes down an interest bearing transaction and the witnesses of the transaction.

عن جابر قال لعن رسول الله صلى الله عليه و سلم آكل الربوا و مؤكله و كاتبه و شاهديه و قال هم سواء.

(Mishkaat Pg. 244 Qadeemi)

Abdullah bin Salaam(رضى الله عنه) has stated that interest is divided into seventy two levels of sin, the lowest level being equivalent to committing adultery with ones own mother and one dirham of interest is worse than committing adultery thirty nine times.

فى شرح السنة قال عبد الله بن سلام : لالربا اثنان و سبعون حوبا اصغرها حوبا كمن اتى امه فى الاسلام و درهم من الربا اشدّ من بضع و ثلاثين زنية.

(Mirqaat Vol. 6 Pg. 42 Darul kutub Beirut)

All the rightly guided ulamaa throughout history have regarded interest haram in whatever form it may be. They considered it a despicable act that should be avoided at all costs.

You have been ill informed, interest is not confined to business purposes but rather its prohibition extends to every such dealing wherein interest is found be it of a commercial nature or a personal nature. Interest is also used by the present day conventional banks as a means of exploiting individuals like you. Look at the following example:-

“In a newspaper article entitled: “What the banks don’t want you to know.” Karl Posel, mathematics professor and author of personal finance books says, “ more than eight million South Africans have bonds, but few realize that banks are milking them dry” “ Consider the following scenario: you have a R100 000 bond repayable over 20 yrs at an interest rate of 19.5% a year(assume that this rate remains the same). After 10 yrs of monthly repayments of R1660 you have paid R199 200 in total. Guess how much of your debt you have repaid after 10 yrs?

A paltry R12 500. The remaining R186 700 has been nabbed by the bank as interest charges. And the situation is even more depressing after 16 yrs – of your total payment of R318 720 you have paid off only R45 000 of your debt and still owe the bank R55 000.”

Many Islaamic banks can be found who will offer you a Shariah method of financing, which is void of interest. However there are many banks that claim to be Shariah compliant but turn up bogus. It is best that you investigate the Islaamic bank you want to invest in and see that it passed shariah compliant by a reputable Islaamic institute.

4) Interest opens the door to ALLAH waging war with you:-

يايّها الذين آمنوا اتّقوا الله و ذروا ما بقى من الربوا ان كنتم مؤمنين . فان لم تفعلوا فأذنوا بحرب من الله و رسوله . و ان تبتم فلكم رءوس اموالكم . لا تظلمون و لا تظلمون .

“Oh you, who believe, fear ALLAH and give up what remains of your demand for interest, if you are indeed believers. If you do not abstain, take notice of war from ALLAH and his Rasulullah (صلى الله عليه و سلم) but if you repent you shall have your capital sum. Deal not unjustly and you shall not be dealt with unjustly.”

And Allah knows best

Wassalam

Ml. Abdul Hameed,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

Women attending eid prayers.

Umm Atiyah (ra) reported: "The Messenger of Allah (saw) commanded us to bring out on Eid-al-Fitr and Eid-al-Adha, young women, hijab-observing adult women and the menstruating women. The menstruating women stayed out of actual Salaat but participated in good deeds and Duaa (supplication). I (Umm Atiyah) said to the Holy Prophet (saw): Oh! Messenger of Allah, one does not have an outer garment. He replied: Let her sister cover her with her garment." (muslim)

Ash-Shawkaanee (radiyallaahu `anhu) said:
"Note that the Prophet consistently performed this prayer on every Eid, never neglecting it. He commanded the people to go out for it; he even commanded the free women, the virgins, and the menstruating women to go out, instructing the latter to refrain from praying, in order for all of them to witness this good and the Muslims' supplications. He further commanded the woman who did not own a jilbaab (outer overall garment for women) to borrow her friend's (al-Bukhari)

Can you please verify the above as some people say these hadiths are not true ? do women have to attend the eid prayers? is it wajib or depends on one's choice? in the arab world we see separate areas being assigned for women during eid prayers which we dont find in our countries, if such facility is available can a women go for eid prayers?

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh

We confirm that these ahadeeth are recorded in Sahih Al Bukhari and Sahih Muslim and thus authentic.

Furthermore, this is not an isolated practice of the Sahaba (R.A). In fact during the era of Rasul Allah ( sallallahu Alayhi Wasallam ) women (excluding those who were menstruating) would attend the Salaats in the Masajid five times a day.

1. This was the general practice and was in fact needed, since Islam was in its initial stages and the women were needed to become accustomed to performing Salaats.

2. Moreover, the aspect of fitnah was far less than in our era.

Therefore, although the need for the women to be accustomed to these Salaats still exists today and will remain till the day of Qiyaama; the element of fitna (evil and mischief) is more threatening today than ever before.

Ponder over the fact that Ummul-Mo’mineen Sayyidatuna Ayesha (R.A) had began to discourage this practice not very long after the demise of Rasul Allah ( sallallahu Alayhi Wasallam ) based on the same element of fitna. Can we imagine what she would have said had she witnessed our era?

3. The scholars of Islam always considered this aspect of the fitna and therefore many of them ruled that women should not attend the Salaat, neither in masjid nor at the Eid Gaah (Musallah).

After quoting the hadeeth in question, Imam Tirmidhi (R.A) has reported from Imaams (Abdullah ibn Mubarak (R.A) and Sufiyaan As Thawri (R.A)) that they considered it makrooh for the women to attend the Eid Salâah. Imam Tirmidhi (R.A) also made reference to the statement of Sayyidatuna Ayesha (R.A) that was quoted above. (Sunan Tirmidhi Vol.2 Pg.430 #539-40).

4. This is also the view of the Hânafi Scholars. (A’ini in Umdatur Qari Vol.3 Pg. 305; I’laau Sunan Vol. 8 Pg 107)

5. Even those scholars who allow the women to attend attach strict conditions, like:

a. The women should not be scantly adorned.
b. They should not have applied perfume etc.

One cannot say for fact that on the day of Eid, no person would prefer to be shabbily dressed. On the contrary, people generally adorn their best attire on this day. So how can it be justified that the women be permitted to attend when the conditions of permission will certainly be flouted?

6. Another reason for which all the women were ordered to attend was so that the large numbers of the Muslims may become apparent, thereby attracting others towards Islam.
More than being affected by ones inner spirits and enthusiasms, one needs to bear in mind the commands ofAllah and be conscious of not displeasing Him. There is no rational in trying to fulfill a Mustahab (liked) act by perpetuating several haraams and prohibitions.

7. Lastly, some people think that it is only the Asians who prohibit the above.

Hereunder is a short list of the scholars of the past who also prevented the women from attending either the five Salaats in masajid or the Eid Salâah:

1. Sayyidatuna Ayesha (R.A) (Sahih Al Bukhari )
2. Sayyiduna Abdullah b. Mas’ood (R.A) (Majma’uz Zawaahid)
3. Sayyiduna Abdullah b. Umar (R.A) (Musannad ibn Abi Sheyba #5845)
4. Sayyiduna Urwa b. Zubayr (R.A) (Musannad ibn Abi Sheyba #5846)
5. Sayyiduna Qasim b. Mohammed b. Abi Bakr Faqih Al Madinah (R.A) (Musannad ibn Abi Sheyba #5847)
6. Sayyiduna Ibraheem Nakh’ee (R.A) (Musannad ibn Abi Sheyba #5844, #5848)
7. Imaam Abdullah b. Al-Mubarak (R.A) (Sunan Tirmidhi #539-40 Vol.2 Pg.420)
8. Imaam Malik (R.A) (Umdatur Qari Vol.3 Pg. 305)
9. Imaam Sufiyaan As Thawri (R.A) (Sunan Tirmidhi)
10. Imam Abu Yusuf (R.A) student of Imaam Abu Hanifa (R.A) (Umdatur Qari Vol.3 Pg. 305)

Now, ask yourself and question: How many of the above are Asians?

And Allah knows best

Wassalam

Maulana Mohammed ibn Maulana Harooon Abasoomer
Darul Iftaa, Madrassah In'aamiyyah

Isha and Fajar Salaah in higher latitudes - 15 or 18 degree?

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

We appreciate you contacting our institute to resolve the issue which you have stated. Since this issue is regarding Canada, the ideal thing would be to contact the Ulama of Canada and follow their opinion. However, we will state our research before you.

Differences regarding the commencing time of Isha Salah

1. Isha time sets in with the disappearing of al-Shafaq al-Abyadh (whiteness in the sky). This is the view adopted by Imam Abu Hanifa (ra).

2. Isha times sets in with the disappearing of al-Shafaq al-Ahmar (redness in the sky). This is the view adopted by Sahibain (the two students of Imam Abu Hanifa (ra); Imam Abu Yusuf (ra) and Imam Muhammad (ra)), Imam al-Shaf’ee (ra), Imam Malik (ra) and Imam Ahmed (ra). This is also one narration of Imam Abu Hanifa (ra).

(Badai al-Sanai 1:320 Dar al-Kitab)

The difference between the two Shafaqs.

The difference between al-Shafaq al-Abyadh and al-Shafaq al-Ahmar is of 3 degrees.

(Rad al_Muhtar 1:361 H.M. Saeed Company)

Fatawa pertaining to the commencing of Isha time.

Amongst our Ulama there have been two views regarding the commencing time for Isha Salah.

1. Mufti Muhammed Shaf’ee (ra), Maulana Yusuf Benori (ra), and majority of the Ulema of the Indian Subcontinent are of the view that al-Shafaq al-Ahmar disappears when the sun is 15 degrees below the horizon and al-Shafaq al-Abyadh disappears when the sun is 18 degrees below the horizon. They have conducted months of research checking the times to when the two Shafaqs disappear. After their research they came to following conclusion.

2. Mufti Rasheed Ahmed Ludhyanwi (ra) concluded that al-Shafaq al-Ahmar disappears on the sun being 12 degrees below the horizon and al-Shafaq al-Abyadh disappears on the sun being 15 degrees below the horizon. He has also done an extended research which can be found in Ahsan Al-Fatwa v. 2 p. 157. (Mufti Shaf’ee (ra) and Maulana Yusuf (ra) were also of this view but after continuing their research they retracted from this view.)

Since most of the Ulama take Mufti Shaf’ee’s (ra) view and accept his fatwa, it will be cautious for the people in your community to also adopt this fatwa.

As stated before that there are differences of opinion between Imam Abu Hanifa (ra) and his two students Imam Abu Yusuf (ra) and Imam Muhammad (ra) regarding the commencing time for Isha Salah and the disappearing of the redness or the whiteness in the sky.

Many jurists have stated that the view of Imam Abu Yusuf (ra) and Imam Muhammed (ra) is the view upon which Fatwa is given. From amongst them are:

• Allamah Siraj al-Deen Ibn Nujaim in al-Nahr al-Fa’iq
• Mulla Ali Qari in Fath Baab al-‘Inayah
• Allamah Qahastani in Jam’e al-Rumooz
• Alamah Shurabulali in Mara’iq al-Falah
• Mulla Khusar in Durrar al-Ahkam

Many Jurists have refuted this and have stated that the fatwa is on Imam Abu Hanifa (ra) view. From amongst them are:

• Allamah Ibn Humam in Fath al-Qadir
• Allamah Qasim ibn al-Qutlubuga in al-Tasheeh wa al-Tarjeeh ala Muktasar al-Qudoori
• Allamah Zain al-Deen Ibn Nujaim in al-Barh al-Ra’iq
• Allamah Fakr al-Deen al-Zaila’ee in Tabyeen al-Haqa’iq
• Allamah Tahtawi in his Hashiya on Dar al-Muktar as well as in his Hashiya on Mara’iq al-Falah

To practice on the view of Imam Abu Hanifa (ra) is safer since everyone unanimously agree upon the permissibility of Isha after the whiteness in the sky has disappeared. Also according to the principle of Fiqh, in normal circumstances fatwa should be giving on Imam Abu Hanifa’s view (see Hashiya of Tahtawi on Dar al-Muktar).

However, in some parts of North America, the whiteness in the sky remains till late in the night, e.g. around 11 o’ clock in the summer days. It becomes very difficult for normal working people to stay up so late for Isha and then wake up early for Fajr and work. For these reason it will be permissible to act upon the view of Imam Abu Yusuf and Imam Muhammad (the sun being 15 degrees below the horizon).

But this should only be done in the days of summer. In winter there is no real difficultly. Isha should be read on its normal 18 degree time as is the view of Imam Abu Hanafi.

(Fatawa Uthmani of Mufti Taqi Utamani v. 1 p. 390)
(Nawadir al-Faqh of Mufti Rafi Uthmani v.1 p. 218)

And Allah knows best

Wassalam

Ml. Ehzaz Ajmeri,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

Female Circumcision

Assalam o allaikum Brother Atif,

I hope, by the grace of Allah SWT, you and your family are doing fine.

Brother Atif, the other day at your place we briefly talked about female circumcision. I told you at that time that in Islam there is a permissibility of female circumcision. I was going through some old notes and I found the following that maybe are of valuable information to you.

Hadeeth 1:

The hadeeth narrated by al-Bukhaari and Muslim from Abu Hurayrah (may Allaah be pleased with him), that the Prophet (SAW) said: "The fitrah is five things – or five things are part of the fitrah – circumcision, shaving the pubes, cutting the nails, plucking the armpit hairs, and trimming the moustache." [Bukhari - 5889 : Muslim - 257]

The rule of hadeeth is that if it is not mentioned specifically or if the pronouns do not point to a certain gender, the the hadeeth is valid for both sexes. Hence, the above hadeeth is valid for men and women.

Hadeeth 2:

Muslim narrated that 'Aa'ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "When a man sits between the four parts (arms and legs of his wife) and the two circumcised parts meet, then ghusl is obligatory." [Muslim - 349]

The two circumcised parts means both men and women may be circumcised.

Hadeeth 3:

Abu Dawood narrated from Umm Atiyyah al-Ansari that a woman used to do circumcisions in Madinah and the Prophet (SAW) said to her: "Do not go to the extreme in cutting; that is better for the woman and more liked by the husband." [Abu Dawood - 5271]

This last hadeeth, although has a direct reference to female circumcision, but this hadeeth is debated among the scholars. It is classified as saheeh by some scholars, like those of Shafii madhab and some from Hanbali madhab, and is classified as Mursal (missing a link) by those of Hanafi madhab and Maliki Madhab.

Regardless of the classification of the above hadeeth, it is not the last hadeeth that is basis of permissibility of female circumcision, rather its the first two ahadeeth. The rule of the hadeeth is that if a weak hadeeth supports the stronger hadeeth, then the weak hadeeth can be used for the purpose of obtaining ahkaam since it is only supplementing the evidence of the sahih hatheeth. In this case the Hadeeth 3 is Mursal, a relatively higher level of classification of weak ahadeeth.

Now, there is no dispute on the permissibility of the female circumcision among the ulama. The debatable matter is , weather it is Fard, Sunna or Mustahab (recommended).

Fard:

In the book Umdaatus Salik, by Imam Shaafi we see the following riwayah:

ویجب (علی کل من الذکر والأنثی) الختان (وھو قطع الجلدۃ التي علی حشفة الذکر وأما ختان الأنثی فھو قطع البظر [ویسمی خفاضًا])

Circumcision is obligatory ( for both men and women). For men it consists of removing the prepuce from the penis, and for women, removing the prepuce (Ar. bazr) of the clitoris (n: not the clitoris itself, as some mistakenly assert).

Therefore Shaafi Madhab makes it obligatory.

Imam Nawawy ( who is a shafii scholar) says, 'Circumcision is obligatory for both men and women in our view. This is the view of many of the salaf, as was narrated by al-Khattaabi.It is the correct view that is well known and was stated by al-Shafi'i (may Allaah have mercy on him), and the majority stated definitively that it is obligatory for both men and women. [al Majmoo 1/367].

Sunnah:

This is the view of the Hanafis and Maalikis, and was narrated in one report from Ahmad Ibn 'Aabideen al-Hanafi (may Allaah have mercy on him) said in his Haashiyah (6/751): 'Know that circumcision is Sunnah in our (hanafi) view for both men and women.'

The present day Hanafi jurists also hold this opinion that female circumcision is a sunnah.

Mustahab:

Imam Ahmad bin Hanbal is of the opinion that it is obligatory to have circumcision for men ( derived from the incident of Prophet Ibrahim AS that he went through the trouble of circumcising himself at a very late stage in his life) and it is Mustahab (recommended) to have circumcision for women (based on the above ahadeeth).

May Allah SWT give us the taufeeq to understand this deen in its entirety.. amiin.

Wassalam

ابو حلیمۃ