Question:
Assalamu-Alaikum Brother Nasir,
Sorry to bother you.
i have a question regarding which sea food is halal. i have got many references from different sources but they conflict. i am specifically being askedfor these sea food:
- Octopus-
Crab-
Clam-
Oysters-
Shell-
Fish-
Scallop-
Squid
According to quran sea-food is halal (except eel) but then different imams givedifferent reasonings about which ones are halal and which ones are not. can you provideme with any reference or source/information from where i can precisely find which onesare halal?
Thanks for your help
:-:
Answer:
Assalam o allaikum Brother,
May you be in the best of health and imaan.. amiin.
When I was in university a few years ago, I faced a similar problem as to how to know what is halal for me when it came to sea food. It is true that when you look at Quran it is very much simplified ( or so it seems) that seafood in general is made halal but when you look at the opinions of the scholars, you find that there is a difference of opinion.
Now, one should bear in mind that when we talk about Aimma-Mujtahideen, the imams of the 4 madhabs, we should keep in mind that they were all mujtahids ( their opinions are highly revered), and so an opinion coming from them has to have a strong reasoning behind it. I am not an expert on all madahibs, neither do I know the dalaail (reasonings) of the verdicts from all madaahibs however, I have learnt from ulema who follow the hanafi madhab. So I can only give you information based on this school of thought. It is also noteworthy that one should adhere to one school of thought for all the problems since every school of thought has a strong base of principles of jurisprudence that determines the validity and invalidity of certain actions.
I have read that other schools, shafii, maliki and hanbali are laxed on this particular issue where they regard most of the creatures of the ocean to be halal including fish. The view in Hanafi scholarship is very much restricted, so much so that Hanafi school of thought only allows fish to be consumed from the sea. All other creatures like crabs, prawns, etc. are considered non-halal creatures. Now ofcourse there is a daleel (reasoning) for this verdict in Hanafi school of thought.
Let's see the ayah that talks about seafood ( or shall I say, the ayah that is given as a proof that all sea-creatures are allowed for consumption):
أُحِلَّ لَكُمْ صَيْدُ الْبَحْرِ وَطَعَامُهُ مَتَاعًا لَّكُمْ وَلِلسَّيَّارَةِ وَحُرِّمَ عَلَيْكُمْ صَيْدُ الْبَرِّ مَا دُمْتُمْ حُرُمًا وَاتَّقُواْ اللّهَ الَّذِيَ إِلَيْهِ تُحْشَرُونَ
Translation: Lawful to you is the pursuit of water-game and its use for food,- for the benefit of yourselves and those who travel; but forbidden is the pursuit of land-game;- as long as ye are in the sacred precincts or in pilgrim garb. And fear Allah, to Whom ye shall be gathered back. (Abdullah Yusuf Ali)
Based on this ayah, it is usually interpreted that Allah SWT has made all creatures in the ocean halal. The words that are used '...Sayd ul Bahr Wa Ta'aamuhu' which means 'Lawful is made unto you hunting in sea and its food...'.
SAYD UL BAHR
Sayd can be translated in two different forms - Literally meaning hunting or figuratively meaning hunted animal.
So if we try to translate ayah based on these two meanings we will get:
1)Lawful is made for you sea-hunting and its food. (literal)
2) Lawful is made for you sea-animal and sea-food. (figurative)
In the usool of fiqh, one cannot abandon the literal meaning at the expense of a figurative meaning without a valid daleel. In this particular case, scholars of Hanafi school have adhered to the literal meaning, that is 'Lawful is made for you sea-hunting and its food'.
The reason for adhering to the literal meaning is because of the second part of the ayah. The meaning of the complete ayah is:
Translation (5:96):
Lawful to you is (the pursuit of) water game and its use for food – for the benefit of yourselves and those who travel, but forbidden is (the pursuit of) land game as long as you are in a state of Ihrâm (for Hajj or 'Umrah). And fear Allâh to Whom you shall be gathered back.
It should be noted that this ayah is talking about the people who are in Ahraam ( Pilgrimage garb) and Shariah decrees that during the state of ahraam, one is permissible to hunt in the sea while it is unlawful to hunt on the land and therefore we see in the ayah that the context of Saydul Bahr (hunting in sea) flows into the context of Saydul Barr (hunting on land) and the meaning of the ayah becomes:
Hunting of sea animals is halaal for a muhrim (one in ahraam) while hunting of wild animals on land is unlawful for him.
If we take the figurative meaning, the meaning of the ayah will become:
Sea-animals are halaal for a muhrim while wild animals on land are unlawful to him.
But this is not true. We know that a person in ahraam is allowed to eat the halal wild animal meat as long as he has not hunted that animal himself or was not involved in hunting or catching the animal. This proves that we ought to stick with the literal meaning in this ayah and not the figurative (or interpreted) meaning.
WA TA'AAMUHU
Wa Ta'aamuhu - meaning its food.
We read and hear that when it is said 'its food' , it means all the creatures in the ocean and not just the fish. To support this argument, often a hadeeth is quoted from Rasulallah SAW that:
'It's (the ocean's) water is pure and its carrion (the dead) are halaal."
Based on this hadeeth it is said that anything that is found in sea is halaal for us. But if one sees the hadeeth of the Rasulallah SAW where he specifically mentions the carrions being halaal for us, one would see that infact here carrion means only fish.
Rasulallah SAW is reported to have said:
"Two carrions are made Halaal for us; Fish and Locust" [ Mishkaat Vol 2: P361]
It means that fish and locust are the only two animals/insects that do not need to be slaughtered. So Rasulallah SAW gave us the explanation of the carrion being halaal restricted only to fish and not the sea animals in general.
Another hadeeth that is often quoted to prove that all animals in sea are halaal is:
"Everything in ocean is Madhbooh (slaughtered)." [Bukhari]
In the book Fathul Bari, we see with strong chains of narrations that Umar RA and Ali RA said:
"All fish are slaughtered already by Allah SWT"
So again it was clarified by the Sahaba that when it came to understanding of lawful from sea, it was only fish that was meant as lawful.
Wallahualam.
Note: The references for this article are from the fatwas of Mufti Ebrahim Desai , Madrassah Innamiyah, South Africa.
Friday, February 09, 2007
Wednesday, February 07, 2007
Jumma Salaat in a Multifaith room
The following question was asked from Mufti Ebrahim Desai regarding the permissibility of Jummua Salaat in multi-faith rooms that are usually found in universities, hospitals and airports.
Question: Is it permissible to pray Salaatul Jummua in a multi-faith rooms which are shared with people of other faith groups. Also, please note that the multi-faith room in our university is not open during the semester break.
[The original explanation of the situation was very lengthy but above is a summary of what was asked]
Answer:
Muhtaram ,
Assalaamu `alaykum waRahmatullahi Wabarakatoh
In the name of Allah, Most Gracious, Most Merciful
1) It is permissible to conduct Jumma in a Musallah that is not used frequently for Salaah or is closed for some time of the year.
2) It is makruh to pray If there is a statue or picture in front of someone. However The Karaha falls off if it is hidden or in back of the musallee. This praying in a multifaith room with cross or statue will be permissible provided one covers them with a cloth. The issue is that of making their ta’zeem while prayer.
And Allah knows best
Wassalam
Consulted with
Mufti Ebrahim Desai & Mufti Emran Vawda
Darul Iftaa, Madrassah In'aamiyyah
Question: Is it permissible to pray Salaatul Jummua in a multi-faith rooms which are shared with people of other faith groups. Also, please note that the multi-faith room in our university is not open during the semester break.
[The original explanation of the situation was very lengthy but above is a summary of what was asked]
Answer:
Muhtaram ,
Assalaamu `alaykum waRahmatullahi Wabarakatoh
In the name of Allah, Most Gracious, Most Merciful
1) It is permissible to conduct Jumma in a Musallah that is not used frequently for Salaah or is closed for some time of the year.
2) It is makruh to pray If there is a statue or picture in front of someone. However The Karaha falls off if it is hidden or in back of the musallee. This praying in a multifaith room with cross or statue will be permissible provided one covers them with a cloth. The issue is that of making their ta’zeem while prayer.
And Allah knows best
Wassalam
Consulted with
Mufti Ebrahim Desai & Mufti Emran Vawda
Darul Iftaa, Madrassah In'aamiyyah
Wednesday, November 22, 2006
Tuesday, December 20, 2005
Sunnah of Dressing
Our Nabi's 'wardrobe' consisted only of a minimum number of garments that he needed and actually wore. These were frequently patched and had to be repeatedly washed as his wardrobe was very spare.
Prophet SAW's Shirt:
Other Items:
Our Nabi's clothes consisted of sheet, lungi (loin-cloth), Kurta (long shirt) and amamah (turban). He also had a cloth (towel) with which he dried his face etc. after wudhu.He liked striped sheets. He used to wear a topi (fez/hat) below the amamah and sometimes he used to wear only the topi. Some times it (amamah) had a tail and at other times it did not have a tail. The tail of the amamah (turban) used to fall between the shoulders at his back.
Rasulullah wore a quba (long coat) also. Nabi SAW's lower garment used to end between the knee and the ankle.Rasulullah SAW's sheet was red striped. He also wore green and black woollen sheets (shawl) with or without embroidery. In some narrations it is stated that Nabi SAW's personal life never changed even when he became the Master of the whole of Arabia and Syria. His personal life continued to be austere.
He used to say, "l am only a servant and dress myself like one." The most important sunnat in our Nabi SAW's dressing was convenience and informality and he did not care for any particular kind or quality of clothing. He mostly wore cotton clothing but at times he also wore expensive clothing. He had an expensive outfit which he wore for Jumuah and the two Eids and whilst meeting outside delegations.
Prohibitions:
Sunnah of Wearing Shoes:
When wearing shoes or clothing to begin with the right and when removing them to begin with the left. (TIRMIZI)
Our Nabi SAW prohibited walking with one shoe only. (BUKHARI)
Nabi SAW would not throw away clothing until worn patched.(TIRMIZI)
Nabi SAW advised us to keep in mind those people who are poorer than us in the matenal world and those that are more piousand educated than ourselves in deen (religion). (TIRMIZI)
Men should wear their pants (lower garments) above the ankles. (TIRMIZI)
Those men who wear their pants (or any garment eg lungi or Khurta) below their ankles will, on the Day of Qiyarnat, have fire on their ankles and Allah shall not look at them with mercy (MISHKAAT)
NOTE:- This law is for all times whether in namaaz or not.
On the Day of the Conquest of Makkah, our Nabi wore a black amamah (turban). (MISHKAAT)
Our Nabi SAW wore strapped sandals and leather socks (mowzai). (MISHKAAT)
Whenever he lifted his shoes, he did so with the fingers of his left hand.(SHAMAIL-E-TIRMIZI)
HazratAbu Hurairah (RA.) said: "Allah's Messenger cursed the man who put on woman's clothing and the woman who put on man's clothing". (ABU DAWOOD)
Nabi SAW said:- He who puts on clothes and says:-'Praise be to Allah, who clothed me with this, and who provided me with it without any power or might of mine', then his past and present (minor) sins are forgiven. (ABU DAWOOD)
When wearing new clothes our Nabi SAW used to praise Allah then, he would read 2 rakaats Nafi (optional) prayer of thanks and give the old clothes away to any needy person. (IBN-ASAKIR)
::-::-::-::
Question:
Are you aware of any Sunnahs as to how to wear a turban?
Answer:
The Sunna is to wear it. As to its style and length they vary without specific prescription. The Prophet (saws) wore it withits extremity hanging between his shoulders, as in the report from Ibn `Umar in al-Tirmidhi's Sunan and he said it is hasan.
The Shafi`i said it may also be worn without this extremity.The Salaf wound it also around the chin. This winding is apre-condition for wiping, without which it is invalid to wipeover the turban during wudu'.
Al-Munawi in Sharh al-Shama'iland al-Suyuti in al-Hawi fil-Fatawa said the length isindeterminate. The Shuyukh said the sirwal is put on sittingand the turban is put on standing. At each winding of it,repeat the Shahada and invoke blessings on the Prophet.
The most complete documentation of the rulings that pertainto this vestimentary Sunna is al-Hafiz Muhammad Ja`far al-Kattani's al-Di`ama fi Ahkam Sunnat al-`Imama. I have also seen an excellent long discussion of it in Imam al-Saffarini's Ghidha' al-Albab. See also the pertinent chapter in the booksof Shama'il and their Shuruh. In English: al-Kandihlawi onal-Tirmidhi's Shama'il.
In 1994-1995 I put together a synopsisof this literature which is still available from al-SunnahFoundation of America insha Allah, titled the Turban in Islam.
Sidi G F Haddad
::-::-::-::
Few Ahadeeth Regarding Headgear ( Topi/Amamah/Turban) of Rasulallah SAW:
1. Aaisha (Radhiallaahu Anha) mentions that when on journey, Nabi (Sallallaahu Alayhi Wasallam) would wear a Topi with ear-flaps. While at home, he would wear a Syrian Topi. (Akhlaaqun-Nani pg.104)
2. Ibn Umar (Radhiallaahu Anhu) says, Nabi (Sallallaahu Alayhi Wasallam) would wear a white Topi. (Tabrani; Majma-uz-zawaaid vol.5 pg.21)
3. Habib ibn Salih (Radhiallaahu Anhu) narrates that when Nabi (Sallallaahu Alayhi Wasallam) would enter the toilet, he wore shoes and covered his head. (Bayhaqi vol.1 pg.96)
4. Waail ibn Hujr (Radhiallaahu Anhu) mentions that he performed Salaat with Nabi (Sallallaahu Alayhi Wasallam) and the Sahaaba (Radhiallaahu Anhum) who were wearing barnases (a type of topi or garment with a hood). (ibn Khuzayma pg.233)
5.Abu Kabsha (Radhiallaahu Ánhu) narrates that the caps of the companions of Rasulullah (Sallallaahu Alayhi Wasallam) used to be round and spacious. (Mirqaat vol.8 pg.246)
It is narrated by Tabrani on the authority of Ibn Umar (Radhiallaahu Ánhuma) that Rasulullah (Sallallaahu Alayhi Wasallam) used to wear a white cap. (Ibid)
6. Hassan Basri (Rahmatullah Alayhi) states that the people (Sahaaba - Radhiallaahu Anhum) used to make Sajda (prostrate) upon their turbans and caps. (Bukhari vol.1 pg.56; Rashidiyya)
7. Mullah Ali Qari (Rahmatulah Alayhi) states that the wearing of the caps has become one of the salient symbols of Islam. (Mirqaat vol.8 pg.246)
It is the only outward and unique salient feature that distinguishes a Muslim from a non-Muslim. No other community group or people wear the Muslim type cap.
-
Prophet SAW's Shirt:
Nabi SAW liked wearing Kurta (long shirt) the most. Nabi sleeves reached up to his wrists and the collar or neckline of his Kurta was towards his chest. Once when the collar of Nabi's Kurta was open a Sahabi (R.A.), for the sake of acquiring blessing, inserted his hand in Nabi SAW's Kurta and touched the seal of Prophethood. (SHAAMAIL TIRMIZI)
Nabi SAW's Kurta used to be above his ankles, reaching up to mid-calf. (HAKIM)
Prophet SAW's Trousers:
Nabi SAW bought trousers but did not wear them. (TIRMIZI)Other Items:
Our Nabi's clothes consisted of sheet, lungi (loin-cloth), Kurta (long shirt) and amamah (turban). He also had a cloth (towel) with which he dried his face etc. after wudhu.He liked striped sheets. He used to wear a topi (fez/hat) below the amamah and sometimes he used to wear only the topi. Some times it (amamah) had a tail and at other times it did not have a tail. The tail of the amamah (turban) used to fall between the shoulders at his back.
Rasulullah wore a quba (long coat) also. Nabi SAW's lower garment used to end between the knee and the ankle.Rasulullah SAW's sheet was red striped. He also wore green and black woollen sheets (shawl) with or without embroidery. In some narrations it is stated that Nabi SAW's personal life never changed even when he became the Master of the whole of Arabia and Syria. His personal life continued to be austere.
He used to say, "l am only a servant and dress myself like one." The most important sunnat in our Nabi SAW's dressing was convenience and informality and he did not care for any particular kind or quality of clothing. He mostly wore cotton clothing but at times he also wore expensive clothing. He had an expensive outfit which he wore for Jumuah and the two Eids and whilst meeting outside delegations.
Prohibitions:
Our Nabi SAW prohibited the wearing of silk and gold for men but permitted the ladies. (TIRMIZI)
(Similarly our Nabi ' prohibited men from wearing red and saffron coloured clothing)
He preferred white clothing.but, he used a black blanket also.(SHAMAIL-E-TIRMIZI)
Sunnah of Wearing Shoes:
When wearing shoes or clothing to begin with the right and when removing them to begin with the left. (TIRMIZI)
Our Nabi SAW prohibited walking with one shoe only. (BUKHARI)
Nabi SAW would not throw away clothing until worn patched.(TIRMIZI)
Nabi SAW advised us to keep in mind those people who are poorer than us in the matenal world and those that are more piousand educated than ourselves in deen (religion). (TIRMIZI)
Men should wear their pants (lower garments) above the ankles. (TIRMIZI)
Those men who wear their pants (or any garment eg lungi or Khurta) below their ankles will, on the Day of Qiyarnat, have fire on their ankles and Allah shall not look at them with mercy (MISHKAAT)
NOTE:- This law is for all times whether in namaaz or not.
On the Day of the Conquest of Makkah, our Nabi wore a black amamah (turban). (MISHKAAT)
Our Nabi SAW wore strapped sandals and leather socks (mowzai). (MISHKAAT)
Whenever he lifted his shoes, he did so with the fingers of his left hand.(SHAMAIL-E-TIRMIZI)
HazratAbu Hurairah (RA.) said: "Allah's Messenger cursed the man who put on woman's clothing and the woman who put on man's clothing". (ABU DAWOOD)
Nabi SAW said:- He who puts on clothes and says:-'Praise be to Allah, who clothed me with this, and who provided me with it without any power or might of mine', then his past and present (minor) sins are forgiven. (ABU DAWOOD)
When wearing new clothes our Nabi SAW used to praise Allah then, he would read 2 rakaats Nafi (optional) prayer of thanks and give the old clothes away to any needy person. (IBN-ASAKIR)
::-::-::-::
Question:
Are you aware of any Sunnahs as to how to wear a turban?
Answer:
The Sunna is to wear it. As to its style and length they vary without specific prescription. The Prophet (saws) wore it withits extremity hanging between his shoulders, as in the report from Ibn `Umar in al-Tirmidhi's Sunan and he said it is hasan.
The Shafi`i said it may also be worn without this extremity.The Salaf wound it also around the chin. This winding is apre-condition for wiping, without which it is invalid to wipeover the turban during wudu'.
Al-Munawi in Sharh al-Shama'iland al-Suyuti in al-Hawi fil-Fatawa said the length isindeterminate. The Shuyukh said the sirwal is put on sittingand the turban is put on standing. At each winding of it,repeat the Shahada and invoke blessings on the Prophet.
The most complete documentation of the rulings that pertainto this vestimentary Sunna is al-Hafiz Muhammad Ja`far al-Kattani's al-Di`ama fi Ahkam Sunnat al-`Imama. I have also seen an excellent long discussion of it in Imam al-Saffarini's Ghidha' al-Albab. See also the pertinent chapter in the booksof Shama'il and their Shuruh. In English: al-Kandihlawi onal-Tirmidhi's Shama'il.
In 1994-1995 I put together a synopsisof this literature which is still available from al-SunnahFoundation of America insha Allah, titled the Turban in Islam.
Sidi G F Haddad
::-::-::-::
Few Ahadeeth Regarding Headgear ( Topi/Amamah/Turban) of Rasulallah SAW:
1. Aaisha (Radhiallaahu Anha) mentions that when on journey, Nabi (Sallallaahu Alayhi Wasallam) would wear a Topi with ear-flaps. While at home, he would wear a Syrian Topi. (Akhlaaqun-Nani pg.104)
2. Ibn Umar (Radhiallaahu Anhu) says, Nabi (Sallallaahu Alayhi Wasallam) would wear a white Topi. (Tabrani; Majma-uz-zawaaid vol.5 pg.21)
3. Habib ibn Salih (Radhiallaahu Anhu) narrates that when Nabi (Sallallaahu Alayhi Wasallam) would enter the toilet, he wore shoes and covered his head. (Bayhaqi vol.1 pg.96)
4. Waail ibn Hujr (Radhiallaahu Anhu) mentions that he performed Salaat with Nabi (Sallallaahu Alayhi Wasallam) and the Sahaaba (Radhiallaahu Anhum) who were wearing barnases (a type of topi or garment with a hood). (ibn Khuzayma pg.233)
5.Abu Kabsha (Radhiallaahu Ánhu) narrates that the caps of the companions of Rasulullah (Sallallaahu Alayhi Wasallam) used to be round and spacious. (Mirqaat vol.8 pg.246)
It is narrated by Tabrani on the authority of Ibn Umar (Radhiallaahu Ánhuma) that Rasulullah (Sallallaahu Alayhi Wasallam) used to wear a white cap. (Ibid)
6. Hassan Basri (Rahmatullah Alayhi) states that the people (Sahaaba - Radhiallaahu Anhum) used to make Sajda (prostrate) upon their turbans and caps. (Bukhari vol.1 pg.56; Rashidiyya)
7. Mullah Ali Qari (Rahmatulah Alayhi) states that the wearing of the caps has become one of the salient symbols of Islam. (Mirqaat vol.8 pg.246)
It is the only outward and unique salient feature that distinguishes a Muslim from a non-Muslim. No other community group or people wear the Muslim type cap.
-
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