Fard Ayn Course

Fard ‘Ayn
Individually Obligatory
Knowledge for Every Muslim
Fiqh rulings according to the Hanafi school
Shaykh Abdul Aziz Suraqah

Muslim Community Center of
Greater Pittsburgh (MCCGP)
Contents
• Course Website: http://www.mccgp.org/fard-ayn-certificate-course.html
• Course Introduction
• Module 1: ‘Aqida 101 (Belief)

• 1.1) Introduction to ‘Aqida 101
• 1.2) & 1.3) Epistemology (How do we know what we know?)
• 1.4) Negating Attributes of Allah (SWT)
• 1.5) Non-Negating Attributes of Allah (SWT)
• 1.6) Necessary Attributes of Allah (SWT) & Their Opposites
• 1.7) Rational Proofs of Allah’s Existence
• 1.8) Rational Proofs of Allah’s Negating Attributes
• 1.9) & 1.10) Prophetology
• 1.11) Transmitted Beliefs
• ‘Aqida 101 Test & Answers
Contents
• Module 2: Authority & Transmission of Islam
• 2.1) Introduction to Authority & Transmission of Islam
• 2.2) Scholarly Authority in Islam
• 2.3) Role of Non-Mujtahid (Common Muslim)
• 2.4) Practical Tips for Learning Fiqh
• Module 3: Fiqh (Jurisprudence) of Fasting

• 3.1) & 3.2) Fiqh of Fasting
• Module 4: Fiqh (Jurisprudence) of Purification

• 4.1) Objectives & Types of Water
• 4.2) Obligations & Sunna Actions of Wudu’
• 4.3) Rulings of Ghusl and Tayammum
• 4.4) Impurities & Rulings of Wiping over Footwear
• 4.5) Bathroom Etiquettes & Purification specific to Women
Contents
• Module 5: Fiqh (Jurisprudence) of Salat (Prayer)
• 5.1) Importance, Unique Effects, Warnings on Neglecting/Abandoning it
• 5.2) Causes & Conditions of Obligation, Prayer time Determination
• 5.3) Azan, Iqama, Proper Covering of one's body
• 5.4) Conditions of Prayer, Locating and Facing the Qibla, Pillars of Salat
• 5.5) Obligations of Prayer – Opening ‘Takbir’ to Closing ‘Salams’
• 5.6) Sunna Actions in Prayers, Gender Differences & Slight Differences in Practices
• 5.7) Etiquettes, Permissible & Disliked Actions in Prayers
• 5.8) Witr, Traveler's Prayers, Sunna Prayers, Prostration of Forgetfulness
• 5.9) Prostration of Tilawa & Qada (make-up prayers)
• 5.10) Friday, Eid & Funeral Prayer, Prayer Behind Imam & Miscellaneous Issues
• Salat (Prayer) Test and Answers
Contents
• Module 6: Fiqh (Jurisprudence) of Zakat
• 6.1) Meanings & Importance, Wisdoms, Warnings against withholders
• 6.2) Calculation for gold, silver & modern currencies
• 6.3) Stocks, 401K, IRAs, Crypto, Business and more
• 6.4) Example Calculation, Zakat al-Fitr & Zakat Recipients
• Module 7: Fiqh (Jurisprudence) of the Pilgrimage (Hajj)

• 7.0) The Obligation of Hajj & Obligatory requirements for Hajj
Contents
• Module 8: Fiqh (Jurisprudence) of Family
• 8.1.1) Marriage – Meaning, Wisdoms, Legal Rulings
• 8.1.2) Marriage – Proposal, Suitability between Spouses
• 8.1.3) Marriage – Prerequisites, Pillars of Sound Marriage, Contractual Details
• 8.1.4) Marriage – Rights & Responsibilities of a Husband and Wife
• 8.2) Marital Conflict Resolution, Divorce, Waiting Period ('Idda) for Women
• 8.3) Rights of Parents (Filial Piety)
• 8.4) Rights of Children, Relatives & Maintaining Family Ties
Contents
• Module 9: Fiqh (Jurisprudence) of Financial Transactions
• 9.1) Introduction to Fiqh of Financial Transactions
• 9.2) Conditions of Validity, Permissible & Impermissible Transactions
• 9.3) Forms of Prohibited Transactions, Riba & its forms
• 9.4) Gharar (Unknown/Hidden Risk) as a Prohibited Transaction
• 9.5) Unlawful transactions & cooperation in sin
Contents
• Module 10: Halal and Haram
• 10.1) Principles of Halal & Haram in Islam
• 10.2) Haram Actions of the Ears, Listening to Music
• 10.3) Prohibitions of the Eyes & Rulings related to gaze
• 10.4), 10.5) & 10.6) Prohibitions of the Tongue, including the Prohibition of
Backbiting & Gossip, and the Various Forms of Lying
• 10.7) Introduction to the Prohibitions of Consumption
• 10.8) Prohibitions of Consumption: Slaughtering & Meat of Ahl al-Kitab
Message from Notes Compiler
and Disclaimer
‫الرِح ْي ِم‬ َّ ِ‫ِب ْس ِم هللا‬
َّ ‫الر ْح ٰم ِن‬
In the name of Allah, the Most Gracious, the Most Merciful
• Although these notes are predominantly based on the Fard ‘Ayn course by Shaykh Abdul Aziz
Suraqah at the Muslim Community Center Of Greater Pittsburgh (MCCGP), there are some
things which have been edited/included in these notes at liberty of the compiler.
• Modifications and inclusions have been made for the purpose of clarifying doubts and
misunderstandings, and in a few instances, to make corrections to the original work. The
numbering system of the modules has also been changed somewhat from the original.
• Where the compiler has used information from outside of the course, they have made a
sincere effort to find legitimate Hanafi fiqh information. However, if you have any doubts or
misgivings about any information or ruling mentioned, seek advice with a knowledgeable
person or scholar regarding the matter.
Anything good and beneficial in this document comes from Allah (SWT), and anything bad or
erroneous in it comes from myself and Shaytan.
Notes last updated: 16 June 2023

Course Introduction
19/11/2021
What is the ‘Straight Path’?
• A number of interpretations: • The path of Islam is
• Quran submission to Allah SWT,
• Sunnah of the Prophet SAW and worshipping him on His
• Islam terms and what He
• The Prophet SAW himself legislates
• All are valid as they speak to the same • Islam is a path of priorities,
focusing on ‘what does Allah
reality: The path of the Prophet SAW that SWT want from me?’
we call Islam is the straight & middle
path that avoids extremes of negligence • We need to know to
(ifraat) and excessiveness (tafreet) prioritise the right things in
• And we are ‘Ummatan Wasata’ – a
Islam and we can only do
moderate/balanced ummah this through knowledge
Two types of Fard (obligation)
Fard ‘Ayn Fard Kifaya
• The scholars of Islam have established things which • Kifaya=Enough
are ‘individually obligatory’ i.e. ‘What every legally • These are things which are ‘communally obligatory’
accountable person is required to uphold.’
• Every Muslim MUST know and practice these things. • ‘A divine command that applies to every legally
They are things that no one else can carry out on our accountable person, but when enough people fulfill
behalf (e.g. praying salah, zakat, fasting etc.) it, the obligation falls from the rest of the people,
but if it is not carried by enough people, the sin of
• A legally accountable person (mukallaf) is:
neglecting it falls upon everyone.’
1) A Muslim
• Not obligatory on every single individual, but there
2) At the age of legal accountability (puberty and
must be enough people in the community to know
beyond)
& carry out these things, otherwise the sin falls on
3) Sane everyone until enough people fulfil it
• Some actions for fard ‘ayn on certain people but not • Often acts which involve the community E.g. doing
others e.g. attending jummah salah is fard ‘ayn for the janazah prayer, commanding good & forbidding
men but not women evil
Benefits of Learning Our Fard ‘Ayn
• 1) It protects you from falling into avoidable errors. • 7) It helps you know your rights and the
• We must know what is acceptable in the sight of Allah SWT, rights of others.
since no one can these acts for us, and if we don’t learn it, • Fard Ayn can also include how we interact with
we are sinful and liable to punishment from Allah SWT. other people and helps us to not violate anyone’s
• 2) It fills in the gaps of your Islamic education. rights or have our own rights violated
• 3) It minimizes or removes confusion. • 8) It helps you distinguish between the

• By learning the Fard ‘Ayn, you either get your questions
clear-cut agreed upon matters, and the
answered or you have the tools for knowing the correct areas of difference.
authority to go to in order to get the correct answer • Denying matters which have ijma (scholarly
consensus) takes one outside of the fold of Islam
• 4) It frees up your mind for focusing on worship.
• There are matters where are differences in opinion
• 5) It keeps you from ‘reinventing the wheel.’
• 9) It teaches you priorities in practice.
• 6) It protects you from falling prey to charlatans, or • You learn what is good, better & best, as well as
minimizes the damage they cause. bad, worse & worst.
To what extent are we excused for doing
something incorrectly?
• There are two types of ignorance (al-‘Udhr bil Jahl)
1. Ignorance which is avoidable
• A person can avoid this type of ignorance because they live in a place where knowledge
exists, there are teachers etc. and thus, there are opportunities for learning. Yet, they
choose to remain ignorant
• Such people are not excused for not knowing that which is fard ‘ayn
2. Ignorance which is unavoidable
• Applies to those who genuinely do not have access to resources or people which explain
how to properly perform these actions, (and even if they looked for them, they would
not find them)
• Such people are excused for their ignorance, until such a time where their circumstance
changes and they become able to learn
What is Fard ‘Ayn for Every Muslim to Know?
The Hadith of Jibril presents us with a basic outline of what we are
required to know and practice:
• 1) Islam: “Islam is that you should testify that there is no deity
except Allah and that Muhammad is His Messenger, that you
should perform salah, pay the Zakah, fast during Ramadan, and
perform Hajj to the House, if you are able to do so.”
• Related to the study of ‘fiqh’ (law), because it pertains to our actions
• 2) Iman: "It is that you believe in Allah and His angels and His Books
and His Messengers and in the Last Day, and in qadar (fate), both in
its good and in its evil aspects." He said, "You have spoken truly.“
• Related to the study of ‘aqida’ (belief)
• 3) Ihsan: “It is that you should serve Allah as though you could see
Him, for though you cannot see Him yet (know that) He sees you.”
Content of this Course: ‘Aqida/Belief
• The creedal foundations of Islam: An understanding of the essential
Islamic beliefs (‘aqida) which ground a believer; knowing….
1. The attributes of Allah and
2. His Prophets, as well as
3. Matters of the unseen,
• … and how these transform a believer’s character and shape his or
her worldview, giving them direction and purpose in their life.
• People may be forgiven for having mistakes in their outward practice
of Islam, but these things will not deny salvation (but it may delay
salvation.) However, mistakes in ‘aqida risk being denied salvation
Content of this Course:
Authority & Transmission of Islam
• What grounds our practice?
• Who has the right to legislate? What are the categories of Islamic legal
rulings? From where do we derive our morals and understanding of what is
right and wrong?
• How Islam has been transmitted to us today?
• Who is a scholar and what defines Islamic orthodoxy? How does one
determine qualified scholarship? What are the various ranks of qualified
scholarship and how do we seek sound answers to our questions that arise
concerning Islamic practice?
Content of this Course: Fiqh/Law
Ritual worship (‘Ibadat) Transactions (Mu’amalat) Halal & Haram
1) Purification (water, bathroom 1) Buying and selling 1) Food
etiquette, wudu’, ghusl, 2) Common errors in 2) Clothing
menstruation, removing business transactions 3) Major sins
impurities, etc.) 3) Lawful and unlawful 4) Minor sins
2) Prayer forms of trade 5) Prohibitions of the
3) Fasting 4) Marriage (conditions, tongue, eyes, ears,
4) Zakat rights and responsibilities) and hand
5) Hajj 5) Divorce
6) Child rearing
Some of these are fard ‘ayn only if you 7) Parents and relatives
meet certain conditions (e.g. Hajj is 8) Rights toward other
only fard ‘ayn if you have the means to human beings
go). However, it is obligatory to know
what the conditions are (to determine
whether or not you qualify for them)
Content of this Course: Ihsan/Internal Virtue
1) The sins of the heart (definitions, causes, and cures)
2) Actions of the heart that illumine it
3) Understanding the ego and how to take account of one’s self
4) Importance of repentance (tawba) and issues concerning it
Content of this Course: Contemporary Issues
• Time-specific & place-specific • LGBT+ issues
obligations • Gender issues
• ‫ما ال یتم الواجب إال به فھو واجب‬ • Evolution
Whatever is required to fulfill
an obligation is an obligation • Responding to doubts
itself. • Navigating modernity
• Knowing how to do an obligatory • Securing one’s faith in times of Fitna
act is necessary in order to be able
to perform the obligatory act
1.1) ‘Aqida 101 (Belief):
Introduction
26/11/2021
Meaning of ‘Aqida
• ‘Aqida is translated as ‘creed,’ ‘belief,’ • Other Names for ‘Aqida:
‘theology,’ ‘doctrine’ • ‘Ilm al-Tawhid (The Science of Divine
• Comes from ‫‘( عقد‬a-q-d), which means Oneness)
tied, knotted to, held onto, bound • Usul al-Din (The Fundamentals of
• Appears also in Surah Al-Falaq: ‫عَق ِد‬
Religion)
ُ (‘knots’) • Al-Fiqh al-Akbar (The Greater
• It is called ‘Aqida because it is tied Understanding)
strongly to the heart • Iman (Faith)
• The creed of Ahl al-Sunnah wa al- • Faith which is based on conviction
Jama’a (The People of the Prophetic • ‘Ilm al-Kalam (The Science of
Way and Community) [Scholastic] Theology)
• ‘Ilm al-Sunna (The Science of the
Prophetic Way)
Learning ‘Aqida First
• “Know that there is no • The Prophet Muhammad (SAW) remained in Mecca for 13 years
god but Allah.” [47:19] calling the people to iman and worshipping Allah alone. Later, the
• “The first thing which is Messenger of Allah (SAW) was sending Mu’adh b. Jabal (RA) to
obligatory on a legally Yemen, and instructed him: “You are going to a people from the
capable person who is People of the Book. Let the first thing that you call them to be the
capable of reflection is worship of Allah. If they acknowledge Allah, then inform them
for him to know Allah and that Allah has obligated upon them five prayers during their days
His Messengers by the and nights.”
attributes established by • Jundub b. ‘Abdillah (RA) said, “We learned iman and then we
the Ayat.” —Imam ‘Abd learned the Qur’an, and it increased our iman.”
al-Wahid Ibn ‘Ashir (d. • The knowledge from studying ‘aqida should become engrained in
1042 AH) our being, and be translated into our ibadah and our interactions.
It informs our response to everything going on around us. And
that's the work of a lifetime.
Reasons for Learning ‘Aqida
• 1) We are obliged to know our Lord. • 4) There is a huge difference between errors in
• You cannot worship one who you do not know Islam vs. errors in Iman.
• If we have errors in our practice of Islam, but our
• 2) Belief motivates actions. Actions require an internal
belief is sound, we will have ultimate salvation in the
motivator or drive. hereafter
• If a person knows who Allah is and knows their ultimate
purpose, they won’t have much difficulty submitting to • 5) We have to KNOW ‘Aqida our self and not just
prohibitions like ‘not eating pork,’ but if they don’t know parrot what we hear.
who Allah is, if their ‘Aqida is skewed, any explanation on • We can follow qualified scholarship in matters of
‘why’ something is halal or haram will not have much law/fiqh (which is often complex), but we cannot
benefit. rely on what others say when it comes to Allah SWT.
We have to believe it for ourselves.
• 3) Ideas matter.
• Beliefs about ‘reality’ and what is ‘good’ lead to ideas. • 6) Neglecting ‘Aqida can lead to major problems,
Those ideas are articulated as philosophies. They influence both Worldly and Otherworldly:
minds in academia and trickle down into think tanks, which a) Delay salvation
can affect policy and culture.
b) Deny salvation
• Culture is shaped by people who plan long-term. Their
c) Sectarianism
programming is informed by their ideas of reality and what
is ‘good.’ Then through media, it becomes normalized and d) Intellectual confusion which leads to the erosion
others adopt it. of Iman
The Study of ‘Aqida
• The scholars divide the study of ‘Aqida into three categories:
1) Theology (Ilahiyat)—beliefs about Allah (SWT)
2) Prophetology (Nubuwwat)—beliefs about the Prophets and Messengers of
Allah (SWT)
3) Transmitted beliefs (Sam’iyyat)—beliefs about unseen realities.
• These are things which cannot be physically observed (in our world), so we learn about
them through what we hear (or technically speaking, through transmitted knowledge)
• Before we learn the CONTENT and PROOF in matters of ‘Aqida, we

learn how to THINK.
Relationship between madhahib (of fiqh) & ‘Aqida
• The 4 madhahib are not sects, and they are part of Sunni Islam. The
Ahl al-Sunnah wa al-Jama’a are represented by these madhabs
• The madhahib are legal schools which concern themselves with the
outward shariah/fiqh, rather than the inner dimensions
• E.g. the madhahib focus on the outer realities and rulings associated with
salah, rather than the inner dimension of salah
• Thus, the madhahib are not schools of ‘aqida, although they may
subscribe to a particular ‘aqida.
Relationship between madhahib (of fiqh) & ‘Aqida
• Historically, scholars that serves these madhahib came to be associated with certain
approaches/methodologies to explaining ‘aqida.
• Hanafi scholars were affiliated with

Maturidi theology
• Shafi’i/Maliki scholars were affiliated
with Ash’ari theology
• Hanbali scholars had an approach to fiqh
and ‘aqida which both went back to the
methodology of Imam Ahmad ibn Hanbal
• They do not have differences in the content of aqida (i.e. core beliefs), but in expression and
way they would defend their approaches.
Overview of Topics covered in ‘Aqida
• Introduction to ‘Aqida • Theology (content of Iman) • Prophetology (content of Iman)
• Definition, importance, • Allah’s Existence • Meaning of Nabi and Rasul, and the
benefits • The Negating Attributes difference; number and names of the
• The three areas studied in • The Positive Attributes Prophets whom we must affirm
‘Aqida • Review of the Divine Attributes • Status of prophethood
• Overview of ‘Aqida 101 • Theology (proofs of Iman) • Qualities that are necessary for the
• How do we know what • Rational proofs Prophets
• Textual proofs • Qualities that are impossible for the
we know? (Epistemology) Prophet
• What is knowledge? • What is possible for the Prophets
• How do we know what we
know? • Prophetology (proofs of Iman)
• What is a proposition? • Rational proofs
• What is a rational • Textual proofs
judgement? • Common misunderstandings
• What is an empirical • Transmitted Beliefs
judgement? • Divine Scriptures
• Angels
• Last Day
1.2) & 1.3) ‘Aqida 101:
Epistemology (How do we
know what we know?)
26/11/2021 & 10/12/2021
What is ‘Epistemology’ & how is it related to
‘Aqida?
• Epistemology is “the means of knowing,” or “how we know what we know”
• ‘Aqida is about having certain knowledge or conviction (yaqeen), and this
cannot exist without knowledge
• Our inner conviction and belief is about absolute truth
• Truth is not a construct. It is not something we build. The mind cannot build
truth. Rather, truth is something we discover.
• Note that it is not individually obligatory for a person to know all the terms
used in this topic or exactly how it is represented in this course. However, it
is a means to properly knowing.
• Even if you don’t remember the terms for everything, you understand what it is
because you have ‘aql (intellect)
Questions about Truth
• Is there an Absolute Truth? • If someone makes the
• Yes, as Muslims, we believe that is possible for human beings to access absolute claim: “There is no
truth. absolute truth.”
• Without access to absolute truth, we would not be able to survive.
Then the response to this
• Is truth relative?
is: “Is that statement
• Many people (such as the sophists) think that there is no such thing as absolute
truth, and that truth is subjective to one’s own experience (e.g. the phrase “Live absolutely true or not?”
your truth”). They may use this as a justification for decisions e.g. ‘Do what is best • If they say YES, then this
for you or what you think is right,’ ‘What’s right for me may not be what is right for contradicts their claim. It
you,’ ‘It’s a matter of perspective,’ etc. People who think this way have to be is like a written statement
tolerant to the opinions of others because if there is no absolute truth, then every which reads “There is no
viewpoint is valid such thing as writing.”
• All religions think their own religion is the truth, because it's true to them (i.e. • If they say NO, then this
relative truth). So saying, “Islam is true because the Qur’an says so,” is not a acknowledges that there
compelling argument. This is why it is important to understand what knowledge is is absolute truth.
and how to think, as it helps us understand what absolute truth is.
• As Muslims, we believe we can access absolute truth that is not subjective
to one’s own experience, opinions or desires
What is knowledge?
• What is knowledge? • Three aspects to
• The general definition of knowledge knowledge:
is to ascertain, or grasp something. 1) Conviction – you are
• It is to have access to something as it certain, form, not shaky or
truly is (i.e. access to the truth) wishy washy about it.
Impervious to doubt.
• The specific definition of
2) Congruent – matches
knowledge, in the science of ‘aqida, reality
is defined as: ‘Conviction that is 3) Based on proof
congruent with the actual, and • The means to getting true
based on evidence” knowledge is by obtaining
• Congruent means matching reality, evidence or proof (dalil)
corresponds to the actual
What knowledge is NOT
1) Jahl (ignorance) • Example:
e.g. not knowing the answer to something What is the capital of
2) False guess Canada?
e.g. guessing an answer but being • Jahl: “Don’t know”
incorrect. • False guess: “Ontario”
3) True guess • True guess: “Ottawa?”
e.g. guessing an answer and being correct,
• Doubt: “Either Ontario
but without relying on access to knowledge or Ottawa”
4) Doubt
• Blind imitation: “My
e.g. being unsure, such that it could be friend said Amsterdam,
either option (50/50) so I’m going to guess
5) Blind imitation that as well”
e.g. going with what someone else said
What’s in my pocket?
• There is no way to know for sure,
without having access to knowledge
• Even if you guessed the correct • Methods of obtaining this knowledge:
response, it would be a ‘true guess’ • Through a trustworthy source (in this
rather than real knowledge case, Zayd) i.e. a sound report
• If I ONLY tell Zayd that there is a rock • By seeing it for yourself i.e. sound senses
in my pocket, and Zayd shares this (sense of sight)
information with you, do you have • By deducing what it could or could not be
knowledge? from understanding the situation, context
• (Provided you choose to believe Zayd), & past experience i.e. reason (e.g. it must
then yes. But this knowledge is not the be something physical and somewhat
same as the one who actually sees the small in size in order to fit in the pocket, a
rock. The one who sees it is more live pigeon is not something people carry
certain of it. in their pockets)
Proof (dalil)
• The only thing that secures against error in ACCESS. That access is called
proof (dalil).
• There are three means of access to dalil:
1) Sound report: information comes from a trustworthy source
• This includes knowledge of the unseen which comes from the Qur’an and Sunna. In the case
of the Sunna, the information comes from the Prophet (SAW) who was impeccable in his
truthfulness.
2) Sound senses: information comes from the use of any of the 5 physical senses
(seeing, hearing, touching, tasting, smelling), so long as they are working
adequately
3) Reason: information comes from making deductions based on the situation,
context and one’s prior experience
• The use of reason does not necessarily depend on seeing or hearing something
Judgement (Hukm) • Hukm is a proposition, a claim, NOT a
confirmation. We take the hukm and
• A judgement (hukm) is a proposition, examine it. After we find evidence or attain
claim, judgment, ascription, statement, sufficient knowledge concerning it, we can
etc. then assert whether it is true or false.
• It is defined as ‘ascription of one thing to • After making the hukm one is responsible for
another or negating it therefrom.’ justifying it, proving it.
• To ascribe one thing to another or negate one
• Examples of (simple) hukm (which are not
thing from another.
• Affirmative judgement: X is Y legal, but based on observation or intellect):
• Zayd is standing
• Example: Zayd is standing. We ascribe
• Maryam is laughing
standing to Zayd.
• I like coffee
• Negational judgement: X is not Y • I do not like cake
• Example: Zayd is not standing. We negate the • The car is from Germany
ascription of standing to Zayd. (This does not • Summer time is more enjoyable than winter
affirm that Zayd is sitting, it only rules out
• Hukm can take on much more complex
standing.)
forms (words, states, actions, ideas, etc.)
Three types of judgement
1. Legal judgement: Allah’s judgement concerning actions of people
(obligatory, recommended, neutral, disliked, unlawful)
2. Empirical/Scientific judgment: The judgement gained through the physical senses
(seeing, hearing, feeling, tasting, smelling) and repetition
3. Rational judgement: The judgement of the mind that does not depend on revelation
or observation of nature
• The hearing, sight & heart will all be questioned on the Day of Judgement
• Hearing → revelation (sound report) → legal judgements
• Sight → (sound) senses → empirical judgements
• Heart → rational mind (‘aql/intellect) → rational judgements
Legal judgement
• Categories of legal judgement: • Examples:
1) Obligatory • Alcohol is unlawful.
2) Recommended • Fajr is obligatory.
3) Neutral • The Duha prayer is not obligatory.
4) Disliked • In Islam, ethical and moral
5) Unlawful judgements come from
information found in the Quran
and sunna (i.e. from Allah SWT),
not from use of the senses. Thus,
the dalil is obtained by sound
report.
• Something that happens repeatedly establishes a
pattern. When we observe of this with our senses, it
Empirical judgement is known as an empirical norm. From it, we can
establish an inductive series of events which enable
• ‘The affirmation of a relationship between two us to make an accurate prediction of future behavior.
things, in terms of existence or non-existence, by the
• A judgement based on ‘the norm’ can be called:
medium of repetition and the possibility of delay, as • A scientific judgement
well as their being absolutely no effect from one to • An Empirical judgement
the other.’ • An Observable judgement
• Basically, the empirical judgement is about
• There is nothing intrinsically necessary about cause
establishing norms
• Examples: and effect. The reason we observe constant
• This snake is poisonous. conjunction between cause and effect all around us is
• This milk is expired. because there is One who links the causes and
• It is about to rain. effects—who creates the linkage. The One who links
• Painkiller helps relieve headaches. these causes and effects is called the Musabbib al-
• When I drop my cane, it lands on the floor. Asbab (The One Who Causes Effects).
• I’m hungry (hungry is a feeling, so it is sensory)
• The empirical judgement is in the domain of science.
• This is the judgement from observing the patterns in
nature. It is the basis of the scientific method. Science can only operate in the measurable and
• The empirical judgement is based on: falsifiable. Science cannot answer the metaphysical
1) Sensory perception (observation, measurement) ‘why’. There must be something beyond the physical
2) Repetition to explain the physical.
Empirical judgement: Likelihood
• Science does not deal with (absolute) certainties. Scientists are not interested in
observing something obvious with their senses. They are interested in knowing
what is not obvious: how one thing relates to another thing. For example; How
does the heaviness of a bowling ball correlate with the hardness of a fall?
• If the correlation is 100 percent in multiple experiments (e.g. heavier bowling
balls always have harder falls), then there is a solid scientific proof. However, as
Stephen Hawking said, “No matter how many times the results of experiments
agree with some theory, you can never be sure that the next time the result will
not contradict the theory.”
• There is always some possibility (however small it may be) that the result may be different
what was expected.
• This is the meaning of likelihood.
Rational Judgement
• The rational judgement is affirming or negating X from Y, but does not rely on the Shariah or
empirical observation.
• Because Allah has given us intellect (‘aql), we intuitively know the rational judgement, even if we have
never heard the term.
• Rational judgments are universal and do not change with time, place, culture. It is self-evident, or
axiomatic.
• Examples:
• 1+1=2 (An ayah or hadith is NOT needed to affirm this. We cannot imagine it any other way.)
• A square circle (An ayah or hadith is NOT needed to negate this)
• A cup of sweet tea is on the table (An ayah or hadith is NOT needed to accept this possibility, whether
or not it is true)
• Without rational thought or intellect, you are not sane and not legally accountable in Shariah. You
have to have ‘aql for your ibada to be accepted.
• Some people often think that if something is empirically impossible (cannot be observed), it is
rationally impossible. However, things that are not scientifically possible or observable for us can
still be rationally possible. Allah’s miracles break scientific norms e.g. splitting of the moon, Isra &
Miraj, staff turning into a snake etc.
Three Types of Rational Judgments
1) Necessary rational judgement: Non-existence 3) Possible rational judgement:
cannot be envisioned as existing. This is a It might be or might not be.
double negative. It must be. ‘Cannot NOT be.’ • A purple cow.
• 1+1=2 • A man landing on the moon.
• The part is smaller than the whole. • A staff turning into a snake.
• A square has 4 equal sides. • Fire turning cool.
2) Impossible rational judgement: The opposite of • A man travelling through the
universe without a space craft.
necessary. You cannot envisage its existence. All • Anything you can imagine with
intellects come to the same conclusion. There is your mind, even if it is something
a contradiction in the statement. that seems to not be
• Something moving and still at the same time, from the technologically or scientifically
same vantage point. possible with the resources that
• 1+1=14 we have. It is something which is
• The part is larger than the whole. conceivable.
• Something is existing and not existing at the same time.
• It takes an infinite number of miles to reach Pittsburgh.
• The ‘means of knowing’ (hearing, sight, and the
Intellect (‘Aql) mind) will be questioned on the Last Day ‘Verily
the hearing, the sight, and the heart will be
(Used for Rational Thinking) questioned.’ [17:36]
• These all correspond to the different types of
• Allah (SWT) has given human beings a unique gift and judgement:
a very powerful tool by which we comprehend the (1) Hearing relates to ‘sound report’, which is
realities of things & establish patterns from the how we need for legal judgement.
material world and understand concepts. It is the ‘aql. (2) Seeing relates to ‘sound senses’, which is
• The ‘aql is located in the heart (not in the physical what we need to make empirical judgement.
sense). It is the ‘light of the mind’. It is passive like (3) Heart (use of ‘aql) relates to reason, which is
sight, in that it observes the relation between A and B what we need to make rational judgement.
in all matters. • Allah condemns those who don’t use their ‘aql:
• Rational thought is always needed, even if you are ‘Indeed, the worst of all beings in the sight of
only dealing with proofs from the Quran and Sunna. Allah are the ˹wilfully˺ deaf and dumb, who do
Rational thought is required to make precise not understand.’ [8:22]
• The ‘deaf, dumb, and blind ,’ are those who
definitions and to construct proofs, whether those
refuse to use these three ways of knowing to
proofs are from revealed scripture or not. reflect on their existence and the fact that they
• Allah (SWT) orders us to use our ‘aql and condemns are created with a creator.
those who do not use their ‘aql. • It is only through the ‘aql that one can know
that the Qur’an and Sunna as authorities.
First Principles
• Legal, empirical, or rational judgements are undergirded by what
scholars call ‘First Principles.’ They are:
1) The Law of Non-Contradiction
2) The Law of Identity
3) The Law of the Excluded Middle
The Law of Non-Contradiction
• The Law of Non-contradiction is • Examples of violations of this law:
one of the basic laws in logic. It • “I am in the room and outside of the
states that something cannot be room at the same time and from the
both true and not true at the same same reference point.”
time when dealing with the same • “I [a human being] am neither alive nor
context. dead.”
• “I am a bachelor and married at the
• Something either is, or it is not. It
same time.”
cannot be both.
• “Zayd is existing and non-existing at
• To violate this rule is to say that a the same time.”
thing is and is not in the same
context (which makes that
statement rationally impossible)
Law of Identity
• The concept of identity states simply that a thing is what it is.
• “Whatever is, is.”
• Examples:
• “This is a book.”
• “This is a cat.”
• If a thing did not have an identity, it wouldn’t be anything at all. You
could not say anything about anything. If reality were comprised of
things that didn’t have an identity, it would be unknowable.
Law of the Excluded Middle
• For any judgement, there is no middle ground. It must either be true
or false.
• Example: Consider the statement; ‘Zayd is human.’
• If this is true, its opposite (i.e. ‘Zayd is NOT human’) cannot also be true. If
Zayd is a human, he is not something else.
Atheist & Agnostic Claims
• The claim of the atheist: • The claim of the agnostic: ‘I don’t know if there is a god’
‘there is no god’ • This claim is not a claim about Allah (SWT), but rather a claim about
• Many atheists say that they themselves. By saying ‘I don’t know,’ they are ascribing ignorance to
do not have to justify their themselves.
belief, but that Muslims have • If someone does not know something, it means they lack access to
to justify their belief, as that knowledge. Therefore, such a person cannot state any properties
through the burden of of what it is they do not know (such as assigning attributes to God).
providing proof is on the • Example: “I don’t know if aliens exist, but they are
Muslim. However, the atheist orange/large/intelligent/etc.” – These are baseless assumptions
is also making a claim, so • Furthermore, it is nonsensical for an agnostic person to make
they need to try to justify additional claims about God, such as ‘I don’t know if god exists, but
that claim. Both the atheist it’s not important’ or ‘I don’t know if god exists, and it’s not possible
and the Muslim have claims to know if he exists.’ By denying having knowledge of God’s existence,
they need to justify. they cannot make additional claims regarding the existence or non-
existence of God. Just because the agnostic person does not know if
god exists, that does not mean other people cannot know.
Quiz Questions
1. What is the definition of knowledge?
2. What are the three means of knowing?
3. What is the general meaning of an empirical judgement?
4. What are the three types of rational judgements? List an example for each.
5. Is it rationally possible for a person to fly from Pittsburgh to Mumbai in five
minutes? If not, explain why
6. Why do we use rational judgements in matters of belief?
7. How would you respond to someone who says: “There is no such thing as
absolute truth; everything is relative”?
Quiz Answers (1/2)
• 1) What is the definition of knowledge?
• Generally; it is access to truth
• Specifically; conviction of the truth that is congruent with reality & has proof
• 2) What are the three means of knowing?
• Three sources for dalil: (1) Sound report, (2) Sound senses, (3) Reason
• 3) What is the general meaning of an empirical judgement?
• A type of judgement that is based on observation with the physical sound senses (sight, hearing, feeling,
tasting, smelling)
• 4) What are the three types of rational judgements? List an example for each.
• Necessary rational judgement: a statement which cannot be false e.g. a pair consists of two entities
• Impossible rational judgement: a statement which is contradictory e.g. a married bachelor
• Possible rational judgement: a statement which might be or might not be conceivable e.g. a flying house
Quiz Answers (2/2)
• 4) Is it rationally possible for a person to fly from Pittsburgh to Mumbai in five minutes? If not,
explain why
• Yes, it is rationally possible. We can imagine a person flying this distance in 5 minutes, even if it does not seem
empirically (scientifically or technologically) possible for people do this in the natural word as we know it.
• 5) Why do we use rational judgements in matters of belief?
• Rational judgements are used to understand things which are not directly observable (with the senses), and
matters of belief often involve that which cannot be directly observed.
• To avoid circular arguments
• 6) How would you respond to someone who says: “There is no such thing as absolute truth;
everything is relative”?
• Ask them, “Is it absolutely true that there is no such thing as absolute truth?” If they say ‘Yes,’ this contradicts
the statement that ‘there is no absolute truth.’ If they say ‘No,’ then this supports the view that absolute truth
does exist.
1.4) ‘Aqida 101: Negating
Attributes of Allah (SWT)
17/12/2021
General Content of Theology
1) What is necessary with respect to Allah (SWT)?
• 13 Necessary attributes
2) What is impossible with respect to Allah (SWT)?
• Opposite of the 13 necessary attributes
3) What is rationally possible with respect to Allah (SWT)?
• For Him to do any rationally possible thing or leave it undone
• When discussing ‘aqida (creed), we have to be careful about the words we use.
After studying ‘aqida, you will develop a heightened sensitivity to language used
to describe Allah (SWT) and matters of belief. When we are talking about what is
necessary for Allah (SWT), this is some of what is necessary – and the things that
we as Muslims have to know.
• We say “some” because the perfections of Allah SWT are endless. He has not commanded us
to know all of His Perfections (as that would be beyond the capability of finite/limited human
beings.) Allah (SWT) says, ‘‘Allah does not burden a soul more than it can bear.”
• The necessary attributes with respect to Allah (SWT) falls into three categories:
• The Self-Signifying Attribute
• The Negating Attributes
• The Positive Attributes
Necessary attributes with respect to Allah (SWT)
Self-Signifying Negating Attributes Positive Attributes
Attribute (Nafsiyya) (Salbiyya) (sifa ma’na)
1) Existence 1) Beginninglessness 1) Power
2) Endlessness 2) Will
3) Dissimilarity to 3) Knowledge
creation 4) Life
4) Self-subsistence 5) Hearing
5) Oneness 6) Sight
7) Speech
The Self-Signifying Attribute (Nafsiyya) –
Existence
• The existence of Allah (SWT) is not like the existence of contingent beings,
as Allah’s existence is independent, necessary, intrinsic; not through
another actor or causal effect, whereas the existence of contingent beings
is through Allah and His act of creation. There is nothing besides Allah
(SWT) that has existed externally.
• Allah’s existence is Intrinsic (Dhati). Our existence is contingent. His
existence is rationally necessary. Our existence is rationally possible. For
this reason, the theologians say Allah (SWT) is Wajib al-Wujud (He Whose
Existence is Rationally Necessary).
• All else besides Allah (SWT) is a possible existence (Mumkin al-Wujud).
Negating Attributes (Salbiyya)
• They are called negating attributes because they negate what does
not befit Allah. We have to know what Allah is NOT, in order to know
what He IS.
• Once you acknowledge that Allah is the Necessary Existent (Wajib al
Wujud), you sign on to everything else as a consequence of that. If a
person acknowledges that Allah is Wajib al-Wujud but denies any of
these other necessary attributes, they fall into many rational
absurdities that we will explain.
Beginninglessness (Qidam)
• Beginninglessness is a negation of non-existence prior to existence.
This means that Allah’s existence is not preceded by non-existence.
• There is no ‘beginning’ to Allah (SWT). He is not limited by time or temporal
events.
• Other than Allah (SWT), everything in the cosmos/created world has a
beginning. Before that beginning, these things did not exist. Anything which
has a beginning (i.e. starting point), was preceded by non-existence.
• In the Qur’an, Allah (SWT) is described with beginninglessness: “He is
the First.” In a hadith, the Prophet (SAW) said: “O Allah! You are the
First; there is nothing before You…”
Endlessness (Baqa’)
• Endlessness is a negation of having an end (i.e. non-existence occurring after the
existence of Allah [SWT]).
• (By after, we mean, after one has affirmed Allah’s existence—this does not refer to an ‘after’ for
Allah based in time, since He is not limited or contained by time and space).
• He is the First with no beginning and He is the Last with no end. Endlessness and
beginningless must be true of Allah, whose existence is necessary.
• The proof in the Qur’an for endlessness is the statement of Allah (SWT): “And the
Countenance of your Lord shall ever remain.” Countenance means His Essence. There is a
hadith from the Prophet (SAW) which says: “O Allah! You are the Last; there is nothing
after You…”
• - After our life on earth ends, we have the barzakh which between this life and the Day of
Judgement, and then we will be resurrected, and eventually enter either Jannah or
Jahannam, and live eternally. But Allah SWT is the one who is sustaining that existence
(of the creation) in time. Allah's existence is not sustained in time like that. Allah's
attributes are eternal and perfect, and not affected by the passage of time.
Absolute Dissimilarity From All Contingent Beings
(Mukhalafa Lil Hawadith)
• This is a negation of any similarity, sharing • Absolute dissimilarity from all contingent beings is a
with anything. The category that negation of any likeness to His Entity, Attributes, and
encompasses everything that exists is Actions. This is different from relative dissimilarity. Allah is
‘contingent beings,’ which refers to all categorically distinct and dissimilar—no species, genus, or
things that have a beginning. category is shared between Him and ‘other’.
• The proof in the Quran for Allah’s 1) His Essence: not from the genus of light, darkness,
absolute dissimilarity from contingent secondary qualities (colors, etc.), or substances. Rather:
beings is the words of the Exalted: “There “Whatever appears to your mind, then know that Allah is
different from that.” (We should not try to imagine what
is nothing like unto Him and He is All
Allah SWT looks like.)
Hearing, All Seeing.” The proof from the
2) His attributes: He does not possess a direction or place,
Sunna is in the narration of Ibn Ka’b: “The nor is He affected by the passage time. His Attributes are
pagans said to the Messenger of Allah: eternal and endless, and because He is the Creator.
‘Tell us your Lord’s lineage,’ so Allah 3) His Acts: The servants have no independent efficacy
revealed: “Say: ‘He is Allah, the One. (ta’thir) whatsoever in their actions; rather, their actions
Allah, the Self-Sufficient...’” subsist within them by their acquisition thereof (kasb).
Nothing besides Allah creates. Nothing has power
independent of Allah.
Self-Subsistence (Qiyam Bi Al-Nafs)
• Self-subsistence is negation of two things: • There is unanimous consensus
1) Negation of Allah (SWT) needing a place or that whoever believes that
thing in which to dwell/subsist. Allah (SWT) Allah is in something is a
is not the quality of something else. disbeliever.
2) Negation of Allah (SWT) needing one to • The proof in the Qur’an that
make decisions about Him; making choices Allah (SWT) is free of needing
etc. That is absurd because anyone or a place or a determiner is the
anything in need of a determiner faces the
words of the Exalted: “O
possibility of existing or not-existing, and
that is rationally impossible.
mankind! You are all poor unto
Allah and Allah is Free of all
needs and Worthy of Praise.”
Oneness (Wahdaniyya)
• Oneness is a negation of multiplicity in Allah’s Entity, • Oneness of Attributes
Attributes, and actions. Allah (SWT) has no likeness in His 1) Negation of having ‘two
Entity, Attributes, or actions. powers,’ ‘two wills,’ etc.
2) Negation of anything
• Oneness of Essence besides Him having an
1) This is a negation of compositeness (tarkib)—for if He were attribute like His. This is
composed of part, He would be contingent, because every impossible because nothing
composite thing is in need, and everything in need requires resembles Allah (SWT).
on to fulfil that need. • Oneness in Actions
2) Nothing besides Allah (SWT) can be described with a
1) Negation of others
perfection that is necessary for Allah (SWT)—This is
impossible because Allah has no partner or equal. For performing actions like His
example: one cannot say It is rationally necessary for X [other actions; this is impossible
than Allah] to exist. Or, it is rationally impossible for X to have because Allah (SWT)
a beginning, end, similarity to another, self-subsistence, etc. possesses no partner in His
actions.
Opposing attributes
Attributes of Allah (SWT): Attributes of contingent beings:
1) Beginninglessness 1) Beginning
2) Endlessness 2) End
3) Dissimilarity to creation 3) Resemblance
4) Self-subsistence 4) Indwelling/Dependence
5) Oneness 5) Multiplicity
Every ‘possible existent’: (1) has a beginning, (2) an end, (3) resembles other
created things (mass, shape, size, colours, taking up space, etc.), (4) depends
on others for its existence, (5) shares with others in qualities and actions.
Anything with these qualities, by definition, CANNOT be God.
1.5) ‘Aqida 101: Non-Negating
24/12/2021
creation 4) Life
5) Oneness 6) Sight
7) Speech
A positive attribute (sifa ma’na) is an ‘affirmed meaning’ or attribute – We

affirm these attributes as perfections of Allah (SWT)
Power (Qudra)
• “An attribute by which all possible things are either created or left uncreated, in accordance with
Divine Will.”
• Allah SWT is all powerful (omnipotent). He has power over all things.
• Power is a beginningless attribute by which all (rationally) possible things are either brought into
existence or left as non-existent in accordance with the Divine will.
• (Rationally) possible things that are brought into existence endure by Allah’s will. They don’t exist
by themselves after existence—we don’t believe in Divine Intervention.
• Allah SWT did not create human beings and then leave them on their own to operate autonomously. He is
continuously aiding us.
• Allah’s power is linked with ‘bringing things into existence.’
‫ٱّللُ َعَل ٰى ُك ِل َشىء َق ِدير‬

َّ ‫َو‬
ْ
“And Allah has power over all things.” [3:189]
Divine Intervention
• Divine Intervention is the idea that someone is in a very bad situation, and then just at the
right time, before a terrible thing is about to happen, God intervenes and saves them.
• This idea can be understood in a correct way, or an incorrect way
• ‘Possible things’ endure by Allah continued support; they don’t exist by themselves after
they are given existence. They do not operate autonomously such that Allah has to
intervene. We don’t believe in Divine Intervention according to this meaning.
• Allah does not only intervene sometimes at a moment of near-catastrophe (such that the event
seems like a mini-miracle [karamah].)
• The only correct understanding of Divine Intervention is the manifestation of help from
Allah (SWT), by way of miraculous events that break empirical norms, or creating a miracle
for a Prophet to confirm his truthfulness.
• It is important to understand that everything that happens occurred by the power and will of Allah
(SWT)
Will (Irada)
• “An attribute by which all possible things are specified.”
• Will is a beginningless attribute that brings about specification of something that is possible [specifying it] with
something that is possible and in accordance with Divine knowledge.
• Power is linked with creating (rationally) possible things, and will is linked with specifying the different possibilities within
those possible things.
• Allah’s will relates to specification of those possibilities—specifying their modes (here or there, now or then,
direction, type, qualities, all possible modes).
• Every created thing has within it a set of specified modes, willed by Allah (SWT), and thus, we are all sets of specifications.
Allah (SWT) has made choices about how we are created and what we experience - The will of Allah (SWT) is about
determining what specifications we receive.
• Allah's choices about us are being made continuously, as we are always experiencing different changes. Each instance in
time and everything around us (regardless of if we interpret it as good, neutral or bad) has been determined by the will of
Allah (SWT.) Things do not happen by coincidence/accident or randomly.
• If Allah (SWT) does not will for something to happen, then it will not happen. And no one can order/force Allah
(SWT) to do anything – it is His Choice to do as He pleases.
‫َف َّعال لِ َما ُي ِر ُيد‬

“[He is the] Doer of what He wills.” [85:16]
Power originates. Will specifies.
They are only connected with rational possibilities.
• Allah’s power is linked with ‘bringing [rationally] possible
---
‫شيْـًٔا أَن‬
َ ٓ‫ِإنَّ َمآ أ َ ْم ُرهُۥ ِإ َذآ أ َ َرا َد‬
things into existence.’ Allah’s will is linked with ‘specifying
ُٓ ‫يَقُو َلٓلَهُۥ ُكنٓفَيَ ُٓك‬
‫ون‬ modes of possible things.’
“Verily His command, when He
wills a thing, is only that He • Allah’s power and will do not apply to that which are rational
says to it, ‘Be!’– and it is!” necessities or rational impossibilities. Because Power and
[85:16] Will are linked with rational possibilities only, there is no
linkage with something that is necessary or impossible.
➢ “Verily His command, when • If Power and Will were linked with eliminating something that is
He wills…” → when He necessary, it would imply the altering/inversion of realties (qalb
chooses and specifies haqa’iq). That which is necessary cannot be eliminated, because if it
➢ “...a thing…” → what is were it would no longer be necessary, and it is impossible for that
decreed which is necessary to be unnecessary.
➢ “…is only that He says to it, • If Power and Will were linked with making something rationally
‘Be!’– and it is!” → the impossible, it would imply the altering of realities (qalb haqa’iq).
application of power Something which is impossible cannot accept possibility.
The atheist trick question
• An atheist will ask someone who believes in God: “"If God is All-
Powerful, then can he create a stone that is too heavy for him to lift?”
• This cannot be answered with a simple “yes” or “no” because….
• Answering “yes” affirms God’s ability to create the stone, but negates his
ability to lift it
• Answering “no” negates God’s ability to create things
• The correct way to answer this is: “Allah’s power and will pertain to
rational possibilities, not rational absurdities. His power and will do
not relate to absurd scenarios/situations.”
• Allah’s Knowledge is
IMMINENT (Huduri)--
Knowledge (‘Ilm) everything is known in an
absolute way at once. All
• Knowledge is a beginningless attribute by which all that is known is things are exposed eternally,
manifested as it really is, such that it does not carry the possibility of even when they haven’t
deficiency in any way whatsoever. happened. It does not
• Human knowledge has an origin/beginning and carries deficiencies (partial increase or decrease with the
knowledge, mistakes) passage of time; it does not
• Allah’s Knowledge relates to ‘all things’ – rationally necessary, possible, update itself or get revised,
and impossible. changed, or contradicted. (If
• Allah’s Knowledge is ABSOLUTE. It does not entail thought, reflection, any knowledge was revised, it
thinking, reasoning, contemplation. It does not involve evidence. It is would imply that it was not
not learning-based. Allah’s Knowledge is neither acquired nor bestowed. perfect to begin with.) Allah
• Thought, reflection, thinking, reasoning, contemplation, etc. are not (SWT) is not waiting to
deficiencies for humans, and they are processes people use to arrive at certain discover something or what
thoughts/conclusions/understandings. Thus, it implies that before having gone
through the thought process, knowledge was lacking. The knowledge that was
will unfold in the future.
eventually gained was preceded by ignorance.
• With Allah’s Knowledge, there is no possibility of deficiency. It does not require ٓ ‫ع ِل‬
‫يم‬ َ ٓ‫َو ُه َوٓبِ ُك ِل‬
َ ٓ‫ش ْىء‬
other things—contemplation, inference, thinking, updating, arranging facts to “And he has knowledge of all
make a conclusion. things.” [57:3]
Life (Hayat)
• Life is a beginningless attribute whose possessor is described with the qualities of Idrak, which
means consciousness or sentience. (We do not use these words for Allah (SWT) because they
have human connotations e.g. personality, psyche, ID, ego, etc.)
• Life, in the broadest sense, is a quality that indicates one having a measure of Idrak.
• Life is the opposite of death. Without Life, Allah (SWT) cannot be All-knowing; if not All-Knowing,
He cannot choose [will]; if unable to choose, He is not described with Power, and therefore
NOTHING should exist. But we exist, and our existence is self-evident —therefore, the existence
of the cosmos implies Power, which implies, Will, which implies Knowledge, which implies Life.
• The Idrak in relation to Allah (SWT) is ABSOLUTE. Any other thing attributed with life has a
created Idrak, constantly renewed, and its potency varies from creature to creature (lower and
higher life forms).
• This means there is no diminishment in Allah’s idrak, unlike creation (who, for example, have
diminished Idrak when sleeping)
• Belief in Allah al-Hayy (the Living) means we are not Deists who believe in an impersonal force, or
equation, etc.
‫ل ُه َٓو ْٱل َحىٓ ْٱلقَيو ُٓم‬
َّٓ ‫ل ِإلَ ٰـ ٓهَ ِإ‬
َٓ ُ‫ٱّلل‬
َّٓ
“Allah–there is no god besides Him, the Living and Self-Subsistent” [2:255]
• The Hearing and Sight of Allah (SWT) is very different from human
Hearing & Sight beings. Our hearing and sight requires organs and is limited, and prone
(Sama’ & Basar) to faults/errors and medical conditions. Allah (SWT) does not require
parts, He is One, free of all needs, and does not resemble the creation.
• A human may know something that they do not, and they can see something
• Hearing and sight are both
and not know what it is. But if they have never seen/encountered something,
beginningless attributes by which then it is not possible for them to know what it is – they would not even know
Allah (SWT) makes every existing that this thing exists.
thing manifested and disclosed. • For humans, there is a difference between how we perceive things that we
• The disclosure through hearing is know and how we perceive them when we see them. Our seeing and hearing
different from the disclosure can add knowledge that was not there before. But for Allah SWT, there is no
through sight. variation in His Hearing or Seeing - these attributes just refers to a particular
manner of knowledge.
• Hearing and Sight are unique in
• Allah SWT does not experience confusion/difficulties with His Sight and
their reality and linkage, but Hearing. There is not a sound which is louder than other sound(s), preventing
distinct from knowledge. some sounds from being heard properly. Humans have limitation in hearing –
• Allah’s seeing and hearing we can only filter a number of things at any given time, and it is limited to how
correspond to His Knowledge and far we can hear and the condition of our ears.
do not increase Him in knowledge
ِ ‫ٱلس ِميع ٱْلب‬ ِِ ِ
‫ص ُير‬ َ ُ َّ َ َُُ ‫َل ْي َس َكم ْثله ۦ َش ْىء ۖ َو‬
i.e. Hearing and sight do not add
anything to Allah's knowledge,
they are just different modes of “There is nothing like unto Him and He is the All-Hearing, the All-Seeing.”
how things are manifested. [42:11]
• It would be imperfection for
Speech (Kalam) the Creator not to have an
attribute by which He tells,
• Speech is a beginningless attribute of Allah (SWT) that subsists orders, promises and
with Him and manifests in diverse expressions. It is dissimilar to threatens. That is why we do
the genus of letters and sounds. not believe it has a beginning,
• Speech is a meaning that self subsists with the Divine and manifests in or that it is an action , such as
diverse expressions. Its linkage is the same linkage as knowledge. our speech, because actions
• Allah’s Speech is a necessary and eternal attribute of perfection, are things which are
which pertains to what He knows, by which He tells, orders, manifested in time & created,
promises and threatens, and communicates with human beings. and thus it would imply that
• Allah’s self-speech is an attribute, not an action, nor a physical Allah SWT needed to create
thing. The revelation (tanzil) of something of the Divine speech is for Himself a Speech to
an action. achieve perfection.
• We refer to the Qur'an in two ways:
• 1) The Divine Speech of Allah (SWT) - without beginning
• 2) The physical mushaf, which consists of paper, ink & binding etc. This is NOT
‫يما‬
ً
ِ‫ٱّلل م َس ٰى تَ ْك‬
‫ل‬ َ ُ ُ َّ ‫َوَكَّل َم‬
the Divine Attribute of Speech. (Rather, it is the text of the Qur'an in the “And Allah spoke directly to
mushaf points to the beginningless Divine Speech of Allah [SWT.])
Musa.” [4:164]
Necessary versus Impossible Attributes
Necessary attributes of Impossible to attribute with
Allah (SWT) Allah (SWT)
1) Power 1) Inability
2) Will 2) Compulsion
3) Knowledge 3) Ignorance
4) Life 4) Death
5) Hearing 5) Deafness
6) Sight 6) Blindness
7) Speech 7) Dumbness (meaning “mute” in
its original definition)
1.6) ‘Aqida 101: Necessary
Attributes of Allah (SWT) &
Their Opposites
31/12/2021
What is impossible with respect to Allah (SWT)
• Any imperfection the mind can envision is rationally impossible with
respect to Allah (SWT).
• Allah (SWT) dos not make mistakes. Nothing He does is in vain or without
purpose. It is as He intended.
• It is obligatory upon us to negate all imperfections (that the mind can
envision) in a general sense, and it is only obligatory upon us to know
of THIRTEEN impossibilities with respect to Allah (SWT), which are the
opposites of the thirteen necessary attributes of Allah (SWT).
• The reason why we are only obliged to know SOME of Allah’s attributes, and
not all of His Attributes, is because it is impossible for the finite human mind
to comprehend all of Allah’s infinite perfections.
creation 4) Life
5) Oneness 6) Sight
7) Speech
Existence versus Non-existence
ATTRIBUTE: Existence OPPOSITE: Non-existence
• Nothingness
• Non-being
Non-existence is rationally
impossible with respect to
Allah (SWT)
Beginninglessness versus Contingency
ATTRIBUTE: OPPOSITE: Contingency
Beginninglessness • Coming into existence
• Having a beginning
Everything in the physical created

world/cosmos has a beginning. Everything that
exists as a created thing changes and go
through fluctuations. Everything that has the
property of emergence/coming into being,
preceded by prior non-existence, is contingent.
Endlessness versus Having an End
ATTRIBUTE: Endlessness OPPOSITE: Having an End
• Coming out of existence
• There will be a point in time in which people

will live eternally, but this is not the same
thing as endlessness, because the dwellings
of the afterlife are based on time, and goes
through successions/temporal events. That is
• Something which has an end exists, and then
something Allah (SWT) creates, where people
ceases to exist
exist into infinity, but they have a beginning,
so they are not eternal. Only Allah (SWT) is • Beginningless & endlessness go hand-in-hand. You
not subject to the passage of time – He cannot have one without the other. Humans have a
created time. beginning and therefore, we also have an end.
Dissimilarity versus Similarity to Creation
ATTRIBUTE: Dissimilarity to OPPOSITE: Similarity to
Creation Creation
• Allah's absolute dissimilarity to creation means that whatever idea of Allah (SWT) comes to your
mind, know that Allah (SWT) is dissimilar to that. This is because whatever comes to your mind is
some kind of amalgamation that is derived from knowledge of created things. Allah SWT is not
likened to any of the attributes of the creation. Our minds cannot imagine Allah's true form. Thus,
we should not try to imagine what Allah (SWT) looks like.
• Allah's dissimilarity to creation is ABSOLUTE. A dog, fish, human and clock all have a face. Their
faces are similar to each other in some aspects, but very different from each other in many aspects.
But Allah's features are COMPLETELY different from that of the creation.
Self-subsistence versus Dependence
ATTRIBUTE: Self-subsistence OPPOSITE: Dependence
1) Depending on others
2) Indwelling in something
3) Being the quality
• Self-subsistence means "independence." It is freedom from all needs.

• We negate that Allah SWT should be depending on others in any way, shape or form. We
also negate that Allah SWT should indwell or incarnate with something or someone. The
idea of God being in man (found in Christianity,) or in union/indwelling with creation are
contrary to Islam.
Oneness versus Multiplicity
ATTRIBUTE: Oneness OPPOSITE: Multiplicity
• When you affirm Allah (SWT) is One, you negate that
1) Compositeness/parts
Allah (SWT) parts/pieces/appendages etc. 2) Others having attributes like
• By affirming that Allah (SWT), you also negate that Allah’s attributes
anyone else should have the attributes of Allah (SWT),
because if anyone/anything else has the attributes of 3) Others having actions like His
Allah (SWT), that would imply that Allah (SWT) has a
partner. And Allah (SWT) has no partner(s). And no
one/nothing has the actions of Allah (SWT), and so no
one/nothing other than Allah (SWT) can create anything.
• If a human 'creates' something e.g. a scientist produces something in a lab, or someone makes a cake, they didn't
create these products from nothing, and they do not have independence of their actions such that they create their
own actions. Allah (SWT) created us AND what we do. Muslims know and affirm that nothing in creation has absolute
independence in causing harm or bringing benefit. Only Allah (SWT) can bring harm or benefit. Water does not have
the independent ability to quench thirst. Rather, Allah (SWT) creates the quenching in conjunction with drinking that
water. It is Allah (SWT) who creates the feeling of fullness in conjunction with eating food.
Power versus Inability
ATTRIBUTE: Power OPPOSITE: Inability
• Power relates to bringing things into existence (i.e. creation.) Will relates to specification of the
things that are created. The power and will of Allah (SWT) relate to rational possibilities, not
rational necessities or rational impossibilities or absurdities.
• We need to be careful with our language when addressed with trick/difficult questions. We should
not say, “Allah cannot do....” but rather, “Allah's power/will does not relate to rational absurdities.”
• Inability refers to the inability to do something which is rationally possible.
Will versus Compulsion
ATTRIBUTE: Will OPPOSITE: Compulsion
1) Being forced to create something Allah
• Exercising your will means you are choosing to (SWT) does not want
do something
• There is nothing that exists independent of
2) Creating something ‘accidentally’ or out of
Allah's power and will. Everything that exists, forgetfulness
exists by the will of Allah (SWT.) No one can do
something against the will of Allah (SWT), such • Compulsion means being forced to do something
that something happens which He does not • Allah (SWT) is never forced to create something that He doesn't want to
want to happen, and He cannot stop it. Human create, nor does He ever create something accidentally nor out of
beings nor anything else has independent forgetfulness. He does not create anything that he detests or does not
power/will to do something which Allah (SWT) want to exist. (Note that the meaning of 'detest' here is the idea of being
does not want to happen, in the sense of forcing forced i.e. lacking a will. The other type of detesting is a legal detesting,
Allah to allow something to happen. which is a displeasure of sinful things. There is no inherent link between
• This discussion can lead into deeper topics the will of Allah [SWT] and the command of Allah [SWT]. Allah [SWT] has
about qadr, free will and legality, but for willed alcohol into existence, but has commanded us not to consume it.)
simplicity: Whatever Allah (SWT) wills will occur, • As humans, we acquire our actions. It is Allah (SWT) who creates and
and what He does not will, will not occur. facilitates the means for us to do those actions.
Knowledge versus Ignorance
ATTRIBUTE: Knowledge OPPOSITE: Ignorance
1) Compound or simple ignorance
2) What is like ignorance: doubt,
conjecture, fancy, guess,
reflection, forgetfulness,
heedlessness etc.
• The knowledge of Allah (SWT) is not like our knowledge. Our knowledge requires learning and
thought processes (contemplating, analyzing, making inferences, etc.) Our knowledge is
preceded by ignorance. Ignorance can also include anything related to it, such as doubt,
conjecture, guess etc. None of these things are considered full knowledge.
Life versus Death
ATTRIBUTE: Life OPPOSITE: Death
It is also rationally impossible that Allah
(SWT) be described with anything
analogous/similar to death, such as saying
His life is via a soul or spirit, or sustained
through food and rest, or any other quality
of created things
• Allah SWT is free of human needs • Our life is through our ruh (soul). If our ruh is removed,
(food, water, rest etc.). His life is not then we die. If you do not eat or drink, then
through or by any secondary thing. (conventionally speaking) you will die. We require certain
things to survive and our life to continue e.g. oxygen.
Hearing versus Deafness
ATTRIBUTE: Hearing OPPOSITE: Deafness
Deafness is “to lack hearing due to a defect
preventing it.” It is also impossible for Allah (SWT)
to be described with what is analogous/similar to
deafness, such as hearing some things and not
others, or to hear through ears, etc.
• Allah's hearing is absolute, • By this definition of dumbness, things which usually cannot hear, e.g.
perfect and does not require an inanimate object such as a table, would not be considered 'deaf.’
instruments/organs/tools. He • We hear through our ears and process sounds through the auditory
can hear all things system. If any part of this gets damaged or does not function
simultaneously. He does not correctly, then our hearing is partial, or we may become deaf. Also,
hear some things and miss our hearing is limited by distance, frequency of the sound, other
other things. sounds occurring simultaneously etc.
Sight versus Blindness
ATTRIBUTE: Sight OPPOSITE: Blindness
Blindness is “to lack sight due to a
defect preventing it.” It is also
impossible for Allah (SWT) to be
described with what is
analogous/similar to blindness, such
• It is impossible for Allah (SWT) to be as seeing some things and not
described with what is analogous/similar to
others, or to see through eyes, etc.
blindness, such as seeing some things and
not others, or to see through eyes, etc.
• Seeing through eyes would imply a • By this definition of blindness, things which
limitation (that is, requiring parts). Allah's usually cannot see, e.g. an inanimate object
Sight does not need parts, it is absolute. such as a table, would not be considered 'blind.'
Speech versus Dumbness
ATTRIBUTE: Speech OPPOSITE: Dumbness
Dumbness is “to lack speech due to a
defect preventing it” (i.e. muteness.) It is
also impossible for Allah (SWT) to be
described with what is analogous/similar
to dumbness, such as His speech being
composed of letters, sounds, hearing some
things and not other things, and other
contingent qualities.
• By this definition of dumbness, things which

• This refers to the quality of Allah's Divine usually cannot see, e.g. an inanimate object such
Speech, which is without beginning nor end. as a table, would not be considered ‘dumb.’
Necessary versus Impossible Attributes
with Respect to Allah (SWT)
NECESSARY ATTRIBUTES IMPOSSIBLE ATTRIBUTES
1) Existence 1) Non-existence
2) Beginninglessness 2) Contingency/beginning
3) Endlessness 3) Having an end
4) Dissimilarity to creation 4) Similarity to creation
5) Self-subsistence 5) Dependence/indwelling
10) Life 10) Death
13) Speech 13) Dumbness
Impossible Qualities of God
Every possible ‘existent’:
1) is preceded by non-existence
2) has a beginning
3) an end
4) resembles other created things (mass, shape, size, colors, taking up space, etc.)
5) depends on others for its existence
6) has parts and shares with others in qualities and actions
7) is not all-powerful
8) does not have absolute will
9) is not all-knowing
10) will die
11) is limited in its hearing, and hears with organs
12) is limited in its sight, and sees with organs
13) has speech that is originated, with sounds and letters, and uses an organ to express it.
Anything with these qualities, by definition, cannot be God!

• Other than hearing, sight & speech which apply to sentient life, every one of these
qualities apply to object in the universe
How Theology Animates Our Spirituality
1. We are finite; we don’t have to exist
2. We have a beginning and end and need Allah (SWT) constantly to exist
3. We resemble other things in the cosmos, we are part of something larger than
ourselves, and are limited
4. We are constantly in need, dependent in every way on Allah’s will
5. Our lives are limited and fluctuate; we week eternal life through Allah (SWT)
6. Nothing escapes His Knowledge, Hearing, and Sight
(When a person is sinning, they may be aware that Allah [SWT] knows about it,
but they try to avoid thinking about it, because it causes a cognitive dissonance.)
7. We are blessed to receive the Diving Speech, the Qur’an, through the Prophet
Muhammad (SAW)
What is possible with respect to Allah (SWT)
• It is possible for Allah (SWT) to either do or leave every (rationally)
possible thing
• Human are a possible existences – we do not need to exist. If Allah SWT wills
for someone to exist, then they will exist. If Allah SWT does not will for
someone to exist, then they will not exist.
• Everything in the cosmos that exists was willed by Allah (SWT), but there are
an infinite number of things that Allah (SWT) chose not to create that are
possible creations. Allah (SWT) chooses to create what He wills. And whatever
He chooses not to create, He does not create.
• This is why we say “InshaAllah (If Allah wills)” when we intend to do
something (neutral/good)
1.7) ‘Aqida 101: Rational
Proofs of Allah’s Existence
7/1/2022
QUIZ: write the 13 Necessary attributes of Allah (SWT) & their opposites from memory
One self-signifying attribute: Opposite of self-signifying attribute:
IMPOSSIBLE ATTRIBUTES
NECESSARY ATTRIBUTES
1) Existence 1) Non-existence
Five negating attributes: Opposite of negating attributes:
2) Beginninglessness 2) Contingency
3) Endlessness 3) Having an end
4) Dissimilar to creation 4) Similar to creation
5) Self-subsistence 5) Dependence
Seven non-negating attributes: Opposite of non-negating attributes:
10) Life 10) Death
13) Speech 13) Dumbness
Proofs
• Previously, we covered the 13 Divine attributes of Allah
(SWT) that every Muslim must know & affirm, and also ‫نس ِإ ََّّل ِلَي ْع ُب ُدو ِن‬ ِْ ‫وما َخَلْق ُت ٱْل ِج َّن و‬
َ ‫ٱْل‬ َ ََ
some of the basic rational & textual proofs for them. Now,
we will look directly at those proofs. “And I have not created
mankind or jinn except to
• Allah commands us to ‘know’ these things, (“Know that worship Me.” [51:56]
there is no god but Allah.” [47:19],) and to know them with
conviction, we must know them directly, for ourselves, with
rational proofs. With these matters, you cannot off-load “This means, ‘except to know
your thinking to another person, and say, “I don’t have to Me.’”—Ibn ‘Abbas
know for myself; I’m going to follow that person in XYZ.”
• Knowledge is having access to a thing as it truly is with proof
(dalil.) If you are just taking what someone else says, but you do
not truly know, then you are just parroting what they say.
The issue of blind-conformism in matters of belief
A blind-conformist is one who only takes their beliefs from what others say without having true understanding.
This issue regarding the validity of this has been debated heavily in our history, and there are a number of opinions
about this:
1. Blind-conformism is allowed and there is no blame if a) the beliefs are congruent with the truth, and b) the
blind-conformist has conviction, such that if the person they blindly followed were to abandon the faith, the
blind-conformist would not leave it.
2. Blind-conformism is unlawful (haram) for one who has the ability to reflect on the rational proofs, and is
allowed for one without the ability to reflect on the proofs. (This is the opinion of the majority of scholars.)
3. The blind-conformist is a disbeliever (kafir) if he has the ability to reflect on the rational proofs. (Not an
accepted view among majority of scholars.)
4. There is no such thing as a blind-conformist in ‘Aqida, because if challenged, the believer could provide
answers, however simple they might be.
5. Unquestionably following the Qur’an and Sunna is not called blind-conformism. (Minority opinion. Some
scholars argued against it: How do you know the Qur’an and Sunna is a legitimate source of proof? Evidence
that they sources of proof can only be found through something outside of them.)
Rational proofs are used to avoid circular
reasoning/arguments
• Consider the opinion: “Unquestionably following the Qur’an and • This reasoning is circular
Sunna is not called blind-conformism.” because it states that
proofs are only valid if they
are stated in the Qur’an,
• The self-defeating nature of this argument is demonstrated by this but it not then provide any
imaginary conversation: evidence for why the
• A: “A proof must be mentioned in the Qur’an to be valid.” Qur’an is a source of truth.
• B: “If you can’t know if a proof is valid or not unless it is stated in the • We can establish that the
Qur’an, then how do you prove that the Qur’an is true?” Qur’an is true by showing
• A: “The proof is stated in the Quran.” that proofs from the
• B: “Fine, but when you want to establish the Qur’an is correct, you will Qur’an exist outside of the
need to show a valid proof, and you are saying that valid proofs cannot Qur’an – in our reality. And
be known except from the Qur’an. This means there is no way of we can use rational proofs
knowing that the Qur’an is valid except by knowing that the Qur’an is to support a certain
valid.” viewpoint.
Questions to address about blind-conformism
• 1) What takes one out of blind-conformism?
• Answer: Knowing the proofs
• 2) What constitutes knowing the proofs?
• Answer: You know them inside of your heart, even if those proofs are very general (without premises,
analyzing it logically etc.), and even if you don’t find the words to explain them well to others, and even if you
are unable to respond to false argument put forward by someone else (such as an atheist,) or you present an
answer to them in such a way that it may not be satisfying to the one asking the question, but you still know it
to be true.
• 3) What does valid blind-conformism look like, according to those who allow it?
• Answer: The scholars who hold the opinion that blind-conformism is allowed still have two conditions for the
beliefs of the blind-conformist to be valid:
i) the beliefs are congruent with the truth, and
ii) the blind-conformist has conviction, such that even if the person who conveys the information to them
decided to leave the religion, the blind-conformist would not leave it.
• 4) What does invalid blind-conformism look like?
• Answer: Just parroting with other people say, without having real knowledge or conviction. E.g. getting
someone to repeat the shahada, but the person who is repeating it has no idea of the meaning of what is
being said. True faith is understanding with conviction.
When do you need to worry about your
understanding of ‘aqida?
• Sometimes when people learn about blind-conformism, they worry they are being disobedient if they
do not learn ‘aqida in detail or do not know the rational arguments. And the answer depends on a
person’s circumstance:
• No, you do not need to know ‘aqida in detail if your understanding is based on common sense or generic proof
that you understand, even if you cannot articulate it or argue with someone who is debating you. As long as you
know yourself, then that is sufficient
• However, if you live in a challenging environment where people are always questioning you or the environment is
saturated by atheism or agnosticism or scepticism, and this begins to plant seeds of doubt in your mind that you
cannot resolve, then you do need to learn ‘aqida at a higher level, so that you can understand false arguments and
know a basic response, so that you can have more certainty and understanding about your own religion.
• The scholars say what is required is [simple] observation of the world around us, and reflecting on
this, such that it leads us to the conclusion that all of us require a Creator.
• An example of this is the basic proof mentioned by a Bedouin (next slide)
• As long as you have performed this kind of reflection, then you are fine and have fulfilled this obligation. And most
of us have this, just perhaps not in a formal way. This reflection is also not something that needs to be verbalised.
• It is not required to know proofs formally (with multiple premises followed by a conclusion)
A Basic Proof (For Laymen)
• ‘Abd al-Malik b. Qurayb al-Asma’i (d. 122 AH), one of the early master
Arabists and one of the leading grammarians of his time, reported that he
asked a Bedouin Arab, “How have you come to know your Lord?” The
Bedouin replied, “Camel droppings point to a camel, and footprints point
to a traveler—so does not the heavens filled with constellations and the
earth with its valleys and passes not point to the Benevolent and All-
Aware [Allah]?”
• The Bedouin is not a theologian nor a scholar. They have a very rudimentary lifestyle.
• This proof alone is enough to take someone out of blind-conformism, as the
Bedouin has undergone reflection/pondering to arrive at this conclusion
• This simple proof is not based on a series of premises and a conclusion
Proof from Imam Abu Hanifa 1/3
• An atheist challenged Imam Abu Hanifa to a debate. Abu Hanifa sent the atheist a message telling him he would
be on his way.
• A crowd had gathered at the appointed debate venue, eagerly waiting for Imam Abu Hanifa’s arrival to debate the
atheist. Hours had passed and Imam Abu Hanifa had not shown up. Sunset came and still there was no sign of
him. The Muslims started to become tense and worried about his late arrival. They did not want the atheist to
think that they were too scared to debate him, yet they did not want to take up the challenge themselves.
Another hour passed, and the atheist started laughing and said, “Your best debater is too scared! He knows he’s
wrong; he is too frightened to come and debate with me. I guarantee that he will not turn up today.”
• Finally, in the latter part of the night, Imam Abu Hanifa arrived. He apologized for his lateness and explained what
took him so long: “Once the messenger delivered the message to me, I began to make my way to the Tigris River,
and on reaching the river bank I realized there was no boat with which to cross the river. It was getting dark, and I
looked around, and there was no boat anywhere, nor was there a navigator or a sailor in order for me to cross the
river. I continued to look around for a boat, as I did not want the atheist to think I was running away and did not
want to debate with him.
• I was standing on the river bank looking for a navigator or a boat when something caught my attention in the
middle of the river. I looked forward, and to my amazement I saw planks of wood rising to the surface from the
river bed. I was shocked and couldn’t believe what I was seeing. Ready-made planks of wood were rising up to the
surface and joining together. They were all the same width and length.
• I continued to look into the middle of the river, and then I saw nails coming up from the sea floor. They positioned
themselves onto the boat and held the planks together, without them being banged. I stood in amazement and
thought to myself, ‘How can this happen, planks of wood rising to the surface by themselves and then nails
positioning themselves onto the boat without being hammered?’ I could not understand what was happening.”
• The atheist meanwhile was listening with a smile on his face. Imam Abu Hanifa continued, “I was still standing on
the river bank watching these planks of wood join together with nails. I could see water seeping through the gaps
in the wood, and suddenly I saw a sealant appear from the river and it began sealing the gaps without someone
having poured it, again I thought, ‘How is this possible? How can sealant appear and seal the gaps without
someone having poured it, and nails appear without someone having hammered them?’ I looked closer and I
could see a boat forming before my eyes; I stood in amazement and was filled with shock. All of a sudden, a sail
appeared and I thought to myself, ‘How is this happening, a boat has appeared before my eyes by itself, planks of
wood, nails, sealant and now a sail, but how can I use this boat in order to cross the river?’ I stood staring in
wonderment and suddenly the boat began to move. It came towards me against the current. It stood floating
beside me while I was on the river bank, as if telling me to embark onto it. I went on the boat and yet again it
began to move. There was no navigator or sailor on the boat, and the boat began to travel towards the direction
of the royal palaces, without anyone having programmed it as to where to go. I could not understand what was
happening, and how this boat had formed and was taking me to my destination against the flow of water. The
boat eventually reached the other side of the river and I disembarked. I turned around and the boat had
disappeared, and that is why I am late.”
• At this moment, the atheist burst out laughing and remarked, “Oh Abu Hanifa, I heard that you were the best
debater from amongst the Muslims, I heard that you were the wisest, the most knowledgeable from amongst
your people. From seeing you today, I can say that you show none of these qualities. You speak of a boat
appearing from nowhere, without someone having built it. Nails positioning themselves without someone
having hammered them, sealant being poured without someone having poured it, and the boat taking you to
your destination without a navigator against the tide. What you say is childish and ridiculous, and I swear I do
not believe a word of it!”
• Imam Abu Hanifa turned to the atheist and replied, “You don’t believe a word of it? You don’t believe that nails
can appear by themselves? You don’t believe sealant can be poured by itself? You don’t believe that a boat can
move without a navigator, hence you don’t believe that a boat can appear without a boat maker?”
• The atheist remarked defiantly, “Correct. I don’t believe a word of it!”
• Imam Abu Hanifa replied, “If you cannot believe that a boat came into being without a boat-maker, how can
you believe that the whole world, the universe, the stars, the oceans, and the planets came into being without
a creator?”
• The atheist was flustered. Unable to reply, he fled the debate, defeated.
Ibrahim’s Proof (Mentioned in the Qur’an)
ِ ِ ْ ‫ٱلس َمـ َٰٰ َ ِت َو‬
ِ ‫ٱْل َْر‬ ِ‫وَك َٰذلِك ن ِرى ِإب ٰر‬
َ ‫ض َولَِي ُك َ َن م َن ٱْل ُم َِقن‬
‫ين‬ َّ ‫ َت‬ َ ‫يم َمَل ُك‬ ‫ه‬
َ َْ ُ َ َ
ِِ ِ َّ ِ
‫ين‬
َ ‫ال ََّل أُح ُّب ٱْلـَافل‬ َ ‫ال َُـٰ َذا َرِِّى ۖ َفَل َّما أََف َل َق‬ َ ‫َفَل َّما َج َّن َعَل ْيه ٱلْي ُل َرَءا َك ْ ََك ًًۭبا ۖ َق‬
‫ين‬ ِ َّ ‫ َن َّن ِمن ٱْلَق َ ِم‬ ِ ِ‫َفَل َّما رءا ٱْلَقمر ب ِاز ًۭغا َقال ُـٰ َذا رِِّى ۖ َفَل َّما أََفل َقال َلِئن َّلم يه ِد‬
َ ‫ٱلضال‬ ْ َ َ ‫َك‬
ُ ‫ْل‬
َ ‫ى‬ ِّ
‫ر‬ َ ‫ى‬ ‫ن‬ َْ ْ َ َ َ َ َ ً َ ََ ََ
‫ال َيـَٰق ْ َ ِم ِإِنى َب ِرى ًۭء ِم َّما تُ ْش ِرُك َ َن‬ َ ‫ال َُـٰ َذا َرِِّى َُـٰ َذا أَ ْكَب ُر ۖ َفَل َّما أََفَل ْت َق‬
َّ
َ ‫َفَل َّما َرَءا ٱلش ْم َس َب ِازَغ ًًۭة َق‬
۠
‫ين‬ ِ ‫ر‬ ِ ‫ش‬ ‫م‬ ‫ل‬ ‫ٱ‬ ‫ن‬ ِ
َ ْ ُ ْ َ ‫ض َحن ًًۭيفا ۖ َو َما أََن‬
‫ك‬ ‫م‬ ‫ا‬ ِ
َ ‫ٱْل َْر‬ْ ‫ٱلس َمـ َٰٰ َ ِت َو‬
َّ ‫ط َر‬ َ ‫ِإِنى َو َّج ْه ُت َو ْج ِه َى لَِّل ِذى َف‬
“And thus We showed Ibrahim the kingdom of the heavens and the earth, so that he might become one of
those endowed with certitude.
Then, when the night outspread over him, he beheld a star, and said: ‘Is this my Lord?’
But when it set, he said: ‘I do not love that which sets.’
Then, when he beheld the moon rising, he said: ‘Is this my Lord?’ But when it set, he said: ‘Were that my Lord
did not guide me, I surely would have become among the people who have gone astray.’
Then when he beheld the sun rising, he said: ‘Is this is my Lord? This is the largest.’ Then, when it set, he said:
‘O my people! Most certainly I disavow those whom you associate with Allah in His divinity.
Behold, I have turned my face in exclusive devotion to the One Who originated the heavens and the earth, and I
am certainly not one of those who associate others with Allah in His divinity.’” [6:75-79]
Information About Ibrahim’s Proof
• Nuh’s people would worship statues that represented human beings, which over many generations, became
deified and were considered as gods
• So these idols were earthly in nature, because they represented human beings
• In the time of Ibrahim (AS), his people, in Mesopotamia, worshipped idols which were representations of
celestial bodies (stars, planetary configurations and such.)
• Some people mistakenly interpret the verses as Ibrahim saying “This is my Lord,” (as if he is making a
statement about himself) instead of “Is this my Lord?” The former is impossible, as it would be shirk, and
Prophets of Allah (SWT) cannot commit major sins.
• Ibrahim (AS) posed this question (“Is this my Lord?”) as a way to get his people to ponder over the absurdity
of believing that the celestial bodies are divine. So it was a rhetorical question, through which Ibrahim (AS)
was showing his disapproval of worshipping celestial bodies.
• This story of Ibrahim (AS) demonstrates a rational proof known as “proof because of change.” He noticed
that the stars, moon, and sun all set – They appear and disappear – which means they are subject to
movement and change. Thus, they are contingent (they have a beginning,) and things which are contingent
require an Originator, who created these things. And the Originator cannot be like the creation (have a
beginning and undergo changes), otherwise it would require an Originator as well.
Taking your understanding a step further
• If you already understand the 3 proofs already mentioned (i.e. the
basic proof from the statement of the Bedouin, Imam Abu Hanifa's
proof, and the proof from story of Ibrahim [AS]), then you already
have sufficient knowledge to the level required for fard 'ayn.
• But if you want to take these proofs and look at them formally (i.e.
structured as a set of premises with a conclusion), then you can
consider the cosmological proof, which is the proof from contingency.
The Cosmological Proof
• Premise 1: The universe is made up of things whose existence is not [rationally] necessary.
• Premise 2: These things are merely [rationally] possible.
• Premise 3: From premise 1 and premise 2 it follows that the universe is a possible existent.
• Conclusion: The universe requires an agent to bring it into existence.
• A thing cannot create itself. You cannot ascribe anything to that which does not exist. There has to be someone or something
that does the creates the thing(s) (in this case, the universe.)
• Premise 4: If that agent [which created the universe] (that we will call “A”) is also [rationally] possible (like the
universe), then it will require another agent (that we will call “B”) to bring it into existence. If agent “B” is also
[rationally] possible, it will require another agent (that we will call “C”) to bring it into existence—this will go on
and on into infinity, which we call infinite regress.
• Premise 5: Infinite regress is rationally impossible.
• Conclusion: Therefore, there must be an agent whose existence is necessary, and that agent is Allah (SWT).
• The One who originates the world must be “other” than the world. And since the world is contingently possible,
it is a must that Allah (SWT) is One Whose existence is necessary. If He was also contingent, He would be in
need of someone to originate Him, and this is impossible.
The Cosmological Proof
• The cosmological proof is saying that:
• 1) The universe is something which exists, but does not need to exist. Thus, it’s existence is rationally
possible, (not rationally necessary.)
• The universe has a beginning. It is not eternal. It goes through change.
• 2) Since the universe is a possible existent, then it requires an agent to bring it into existence.
• 3) If the agent that created the universe (let’s call it “Agent A,”) is a rationally possible existent, then like
the universe, Agent A is not rationally necessary – it has a beginning and is not eternal. This means
Agent A will need another agent (let’s call it “Agent B”) to bring Agent A into existence. Again, if Agent B
is a rationally possible existent like Agent A, then another agent (let’s call it “Agent C”) will be needed to
bring Agent B into existence. This process would go on forever, and is called “infinite regress.”
• 4) Infinite regress is rationally impossible. Rationally possible existences cannot infinitely be bringing
other existents into creation in order to create the universe.
• And we know the (creation of the) universe is not rationally impossible, because it exists.
• 5) The universe must be created by an agent that is not a rationally possible existent, but a rationally
necessary being – which has no beginning, is eternal and does not go through changes. And this agent is
Allah (SWT)
Understanding that Allah (SWT) does not
undergo change
• Allah (SWT) is eternal and does not undergo change.
• If there is an Agent A which has certain qualities, and then Agent A acquires certain
qualities, then it has undergone change. Was Agent A more perfect or less perfect after
those changes or before those changes? If you say Agent A increased in perfection
because of that change, then it implies Agent A was imperfect before that change. If
Agent A was in need of that change, then Agent A is in need, meaning that Agent A is a
dependent being.
• However, it is important to understand that the acts of God (e.g. giving life, death,
bestowing mercy, punishing etc.) are created acts. And although the acts of creation
undergo change (by the will of Allah SWT), that does NOT mean that Allah (SWT) is
changing. The created act of God is other than Allah (SWT.)
• Allah (SWT) is NOT a reactionary – it is not that something happens and then He reacts to it.
Rather, He is an eternal presence. Allah (SWT) does not act on emotions. Emotions are
fluctuations and changes.
Summary
• 1) Things that undergo change must have a starting point in time.
• 2) The universe is constantly undergoing change (e.g., expansion, supernovas, celestial
body motions, etc.)
• 3) Therefore, the universe must have had a starting point in time.
• 4) Things that have a starting point in time need a preceding cause to bring them into
existence.
• 5) Therefore, the universe must have had a preceding cause.
• 6) If Allah (SWT) had a beginning in time, He would need a preceding cause to bring Him
into existence (as every originated thing that starts in time needs a preceding cause).
• The foundational proof is: Everything that comes to exist requires a Creator.
• Every possible existent is temporal (based in time) and contingent, (and has certain qualities and
specifications), and it requires One who Brings It Into Existence
1.8) ‘Aqida 101: Rational
Proofs of Allah’s Negating
Attributes
14/1/2022
Proof for Beginninglessness
• The opposite of beginninglessness is huduth, or temporality (having a
beginning).
• The temporal (based in time) can only be contingent (mumkin).
• Created things are not eternal. They did not always exist, and they had a beginning.
Therefore, their existence is not rationally necessary. Rather, their existence is
rationally possible.
• Everything in creation is a possible existent, and none of it is eternal
• Anything that is contingent is preceded by non-existence.
• Anything preceded by non-existence requires an originator to bring it into
existence.
• The originator must be a rationally necessary agent, otherwise there is infinite
regress. It is impossible for Allah (SWT) to have an originator.
Proof for Endlessness
• The opposite of endlessness is having an end.
• If an end were possible for Allah (SWT), it would mean that His
existence is a [rationally] possible existence.
• A [rationally] necessary existence does not accept the possibility of non-
existence. “Necessary,” by definition, means it must be.
• All [rationally] possible existents require an originator to bring them

into existence.
Proof for Beginninglessness and Endlessness
• Allah’s beginninglessness and endlessness is not a temporal one (i.e. it does
not depend on the passage of time.) He is beyond the confines of time and
space.
• If a beginning or end were possible for Allah (SWT), it would mean that His
existence is merely [rationally] possible, and not [rationally] necessary, and
anything which is [rationally] possible requires an originator.
It would also imply that existence and non-existence are equally possible,
which would mean that He is a possible existence and not The Necessary
Existent (Wajib al-Wujud).
Proof for Dissimilarity to creation
• Allah’s dissimilarity to creation is ABSOLUTE – He is not somewhat like anything that has been
created. Whatever occurs to your mind, know that Allah is other than that, so we do not try to
imagine what Allah (SWT) looks like.
• If Allah (SWT) resembled creation in any way, He too would have contingent qualities (size, shape, limits, parts,
incidental qualities).
• Allah (SWT) is transcendent, beyond all imperfections and the qualities of contingent beings
• Anything with contingent qualities is contingent.
• Allah’s Power brings things into existence, and Allah’s Will specifies the features and qualities of created things.
• Allah's power and will relates to that which is [rationally] possible, not that which is [rationally] necessary or
[rationally] impossible.
• Anything with contingent qualities is subject to specification—decisions being made regarding it.
• These specifications are how we identity the created thing.
• Contingent things are subject to changes in their specifications (by the will of Allah [SWT])
• Anything that is contingent is preceded by non-existence
• Anything that is contingent requires an originator.
Proof for Self-subsistence
• Were Allah (SWT) not absolutely independent, He would need others
i.e. He would be dependent on others.
• Allah (SWT) is free of others, and free of all needs. He does not exist within
anything else or any other form. He does not need anyone else to make
decisions for/about Him.
• Anything in need of another is contingent.
• Anything that is contingent requires an originator to bring it into
existence.
Proof for Oneness
• Oneness negates multiplicity, thus negating partners from Allah (SWT)
in His Essence, His Attributes and His Actions. There are no co-sharers
in His Divinity. There are not multiple Gods.
• There are various rational proofs for Allah's Oneness, but the main
proof is based on verse from the Qur'an [21:22], and it is called
Burhan al-Tamanu’ (argument from mutual hindrance):
ِ ‫ش ع َّما ي‬
‫صُف َ َن‬ ِ ‫ر‬ ‫ع‬ ‫ل‬
ْ‫ٱ‬ ِ
‫ب‬ ‫ر‬ ِ‫ٱّلل‬
َّ ‫ن‬ ‫ـ‬
ٰ ‫ح‬ ‫ب‬ ‫س‬ ‫ف‬
َ ۚ ‫ا‬‫ت‬ ‫د‬ ‫س‬ ‫ف‬
َ‫ل‬َ ‫ٱّلل‬
َّ َّ ‫يهما ء ِالهة ِإ‬
‫َّل‬ ِ ِ ‫َل َ َكان‬
‫ف‬
َ َ َْ َ َ َ ُْ َ َ َ ُ َ َ َ َ ْ
“If there were therein gods beside Allah, then verily both [the heavens
and the earth] had fallen into ruin. Glorified be Allah, the Lord of the
Throne, from all that they ascribe [unto Him].” [21:22]
Argument from mutual hindrance
Absolute Power and Will are two of Allah’s necessary attributes. If there were another god or gods besides
Allah (SWT) that also had the attributes of absolute power and will, they would have to either agree or
disagree about a certain action. There are several possibilities:
a) If being-A willed to create something and being-B did not want it, being-A is not all powerful and by
definition, cannot be God;
b) If being-B willed to create something and being-A did not want it, being-B is not all powerful and by
c) If being-A willed to create something and being-B allowed it (and could have stopped it if he wanted),
being-A’s acts are dependent on being-B’s permission, and thus being-A is not all powerful and by
d) If being-B willed to create something and being-A allowed it (and could have stopped it if he wanted),
being-B’s acts are dependent on being-A’s permission, and thus being-B is not all powerful and by
If both are gods, then what is true for one is true for the other. So if one is incapable based the scenarios
mentioned above, that means that both are incapable, and if both are incapable, both lack power to create
anything. If this were the case this world would not exist.
If there was more than one God, they would
fight for power!
‫ِب َما‬ ‫ان َم َع ُه ۥ ِم ْن ِإَلـٰه ۚ ِإ ًذا َّل َذ َُ َب ُك ُّل ِإَلـٰ ًۭه‬‫ك‬َ ‫ا‬
َ ََ َ‫م‬‫و‬ ‫د‬ ‫ل‬
َ‫و‬ ‫ن‬ ِ
‫م‬ ُ‫ٱّلل‬
َّ ‫ذ‬
َ ‫خ‬َ َّ
‫ت‬ ‫ٱ‬ ‫ا‬‫م‬َ
‫صُف َ َن‬ ِ ‫ٱّللِ ع َّما ي‬
َ َ َّ ‫ض ُه ْم َعَل ٰى َب ْعض ۚ ُس ْب َحـٰ َن‬ ُ ‫َخَل َق َوَل َع ََل َب ْع‬
“Allah has never had any offspring, nor is there any god besides Him.
Otherwise, each god would have taken away what he created, and they
would have tried to dominate one another. Glorified is Allah above
what they claim!” [23:91]
Proofs for the positive attributes
• There is a simple generic proof for the • POWER: If power was negated, it would necessitate
positive attributes : If any of these were incapability, and one who is incapable cannot bring any
missing, the world would not exist. contingent thing into being.
• Because the world exists, it requires an • WILL: If will was negated, specification would be negated and
Originator with certain qualities. And if
no contingent thing would exist.
the Originator did not have those
qualities, then the world would not exist. • KNOWLEDGE: If knowledge was negated, all contingent things
• Direct observation of the world proves would be negated because it is impossible to intend something
that it is impossible to negate the unknown.
existence of contingent things (as
possible/contingent things exist all • LIFE: If life was negated, all of these attributes would have been
around us), so if the negation of negated and no contingent thing would exist.
contingents is proven false (i.e.
contingent beings are real), the negation • HEARING, SIGHT & SPEECH: If Allah (SWT) was not described
of any of these attributes is also proven with these attributes, it would necessitate that He is described
false (i.e. an agent with these attributes with their opposites: deafness, blindness, and muteness.
must exist for contingent beings to exist), • These opposites are imperfections.
and it follows that God must be
described with these attributes. • Imperfections are rationally impossible for Him, for they would entail
that He needs one who can remove them.
• Being in need negates self-sufficiency.
You only need to have a basic general
understanding about theology
• It is not required for you to know the intricate arguments or memorize them. It is
sufficient to understand and cover the basics. And as long as you have that basic general
understanding, then your Iman is safe and your ‘aqida is not questionable
• It is okay if you cannot remember all the list of Allah’s 13 necessary attributes, as long as
you understand them, and you believe them to be true. These topics are discussed in this
course to help us grow in our understanding, but it is not required to know them to the
extent that you repeat the content in the same way as presented here. And it is not
required to be able to use this content to make arguments in a debate in order to fulfil
the fard ‘ayn.
• If you live in a challenging environment or you feel that you need to study ‘aqida in more
detail (e.g. to eradicate doubt), then you can study the content from this course more
thoroughly and read books written by Islamic scholars on these matters.
• But if you do not have this interest, it is okay, as long as you understand the basics of fard ‘ayn.
(And it is worth going a little beyond the basics because of the environment we live in.)
Brief explanation about the controversial hadith &
ayaat about to ascribe parts or limbs to Allah (SWT)
• There are hadith and ayaat in the Qur'an which seemingly ascribe parts or limbs to Allah
(SWT) (such as hand and eye). This will be discussed in ‘aqida 102, but the brief
explanation is that understanding the foundations of belief is important, because it is
thought this that we understand that hadith and ayaat. Allah SWT has said that some
ayaat are explicit and unambiguous, while others have a variety of possible meanings
and require interpretation.
• The principle in Sunni Islam is to use the explicit evidence to understanding that which is
ambiguous. You do not use the ambiguous to explain the explicit, otherwise you fall into
misunderstanding. So we understand these hadith and ayaat in light of knowing that
there is nothing like Allah SWT, as Allah SWT does not resemble creation, and there is an
explicit negation of anything to do with limbs, parts etc.
• Historically there have been two approaches regarding this:
• 1) I understand what the verse is saying in the whole context, but I do not hold an opinion on what
this phrase means outside of this context
• 2) I interpret it based on the principles of the Arabic language
1.9) & 1.10) ‘Aqida 101:
Prophetology
21/1/2022 & 28/1/2022
The three areas of ‘aqida
1. Theology (Ilahiyat): What we believe regarding Allah (SWT).
2. Prophetology (Nubuwwat): What we believe regarding the
Prophets and Messengers.
3. Transmitted beliefs (Sam’iyyat): What we believe regarding unseen
matters that have been transmitted to us via revelation.
(Known as “sam’iyyat” [meaning “the things that are heard”] because we have
no access to those realities by our intellect. We only have access to them via
revelation in the Qur’an or hadith.)
Prophetology
“So believe in Allah and His Messengers!” [4:171]
• 1) General iman (iman-e-mujammal) in the Prophets and Messengers:

• Definition of Rasul and Nabi and the difference between them
• Ruling on sending of Prophets and Messengers
• What is necessary, possible, and impossible with respect to the Prophets,
along with their proofs
• 2) Specific iman (iman-e-mufassil) in the Prophets and Messengers:
• The names of the Prophets in the Qur’an
• The universality of the message of the Prophet Muhammad (Allah bless him
and give him peace)
What the unaided intellect can and cannot do
• It is possible for the human intellect, unaided by revelation, to reflect and ponder the cosmos,
to observe the nature of the world, and arrive at the understanding that all of this has a
beginning and requires an Originator. And that Originator must not have a beginning and an
end like everything else here. So the unaided intellect can arrive at a belief in Allah (SWT).
• However, the unaided human intellect (i.e. without revelation,) cannot access knowledge
about the unseen realities, and what is ethical/moral, and how to please Allah (SWT). These
things can only be known from the revelation
• Thus, prophetology is a vehicle that conveys revelation. Prophets are people who Allah (SWT)
has chosen to convey knowledge about the unseen realities, ethics/morals, what happens at
the end of life and what are specific things we need to do to please Allah (SWT)
• It is not sufficient for a person to arrive at belief in Allah (SWT) through observing the cosmos
and then think this knowledge alone is sufficient. This is unacceptable, unless it is through the
medium of a messenger.
• In the case of our ummah, any belief in Allah (SWT) alone is unacceptable without also belief that the
Prophet (SAW) is His Messenger.
• The messengers were sent to give people moral
Prophetology, as guidance, knowledge about the unseen, and
mentioned in the Qur’an communicate from Allah (SWT) how we can seek to
please Allah (SWT)
‫ٱّللِ ُح َّجة َب ْعَد‬

• Accountability and punishment are predicated on
َّ ‫اس َعَلى‬ ِ ‫ين ِلَئ ََّل َي ُك َ َن ِل َّلن‬
‫ر‬ ِ ِ ‫ُّرس ًًَۭل ُّمب ِش ِرين وم‬
‫نذ‬
َ َُ َ َ ُ having received a message that warns the people and
ًًۭ ‫يز َح ِك‬
‫يما‬ ‫ٱّللُ َع ِز ًا‬
َّ ‫ان‬ َ ‫ٱلرُس ِل ۚ َوَك‬ ُّ gives them glad tidings
“Messengers were sent as bearers of glad tidings and as • If the person rejects and refuses after the message has
warners so that after sending the Messengers people may reached them, there is no excuse, and Allah SWT deals
have no plea against Allah. Allah is All-Mighty, All-Wise.” with them according to His Justice
[4:165] • There are many messengers we do not know of. But
every community in the history of humanity that ever
‫ين َحتَّ ٰى َن ْب َع َث َرُس ًۭ ًََّل‬ ِ
‫ب‬ ِ‫وََّل تَ ِزر و ِاز ًۭرة ِوْزر أُخر ٰى ۗ وما ُكَّنا مع‬
‫ذ‬
َ َُ َ َ َْ َ َ َ ُ
constituted an “ummah,” have received a messenger
َ proclaiming a message to worship Allah (SWT) alone
“…And We are not to punish until We send a Messenger.” and shun false gods. So we can argue that every
[17:15]
community (including the indigenous/ First Nations
people) had a messenger sent to them, perhaps in
‫ َت‬ َّ ِ ‫ٱّلل و‬ ِ ِ ‫وَلَق ْد بع ْثَنا ِفى ُك‬
َ ‫ٱجتَنُب َا ٱلطـٰ ُغ‬
ْ ََ َّ ‫ا‬
‫و‬ ‫د‬
ُ ‫ب‬
ُ ‫ٱع‬
ْ ‫َن‬‫أ‬ ‫َّل‬
ًَ ‫س‬
ُ‫ر‬َّ ‫ة‬ ‫ُم‬
َّ ‫أ‬ ‫ل‬ ََ َ ancient times
“And We certainly sent a messenger to every nation • Every culture in the world has a name for a Supreme
[proclaiming], ‘Worship Allah and shun false gods…’” [16:36] Being. This indicates all people have a trace of the
message, even if the essential meaning has been lost
Rasul (messenger)
• Rasul is from Risala (message)
• The rasul is one who bears a message from Allah (SWT)
• “A Messenger is a male adult human who is free and intelligent, to whom
Allah has revealed a Sacred Law – in a book form or otherwise – and who
was ordered by Allah to convey it to Allah’s servants.”
• This definition excludes:
• Angels and Jinn
• Slaves
• Women
• Children
• Prophets (as there is a difference between a messenger [rasul] and a prophet [nabi],
which has to do with conveyance of the message)
Nabi (Prophet)
• Nabi is from Naba’ (news)
• “A Nabi is an adult [male] human who is free and intelligent, to whom
Allah has revealed a Sacred Law, even though He did not order him to
convey it to creation.”
• Added “male” to the definition as there is only a small minority view
among some of the Imams that there may have been a female
prophet (nabia)
Difference between Rasul & Nabi
• A Messenger (rasul) is one whom Allah has sent with a • Every Messenger is a Prophet, but not
[1] updated Sacred Law and who [2] calls others to it every Prophet is a Messenger.
• A Messenger presents an updated shariah (law) that has • There is a scholarly opinion that when the
abrogated or superseded previous laws or a book/scripture. Prophet (SAW) first received the revelation,
And their mission is about conveyance. (This does not mean which was the first few verses of Surah Al-
that the prophets are not conveying, but that conveyance is Alaq, he had the station of a nabi, as he had
not an essential part of the definition for a prophet.) not yet been ordered to convey the
message of Allah (SWT) to the people.
• A Prophet (nabi) is more general, being one who is When the Prophet (SAW) was ordered by
sent to the creation to affirm a previous Sacred Law. Allah (SWT) to convey the message, then
• Prophets do not necessarily come with a new law, but to his rank was elevated to that of a rasul.
uphold the law of the prophet/messenger that came before • (It is not that important to know the
them. difference between a rasul & nabi, but just
• There are prophets who did not come with a book know that every messenger is a prophet,
containing laws (shariah), but they received revelation from but not every prophet is a messenger.)
Allah (SWT), and they were ordered to preach to their
people, while upholding the previous law and previous
divinely revealed scripture to the previous prophet.
Difference between Rasul & Nabi
• One scholarly opinion considers what is received: A prophet is in
communication with Allah (SWT) directly through wahy (revelation), and
whatever they receive has nothing to do with conveying it to other human
beings. The messenger receives revelation which concerns other human
beings who must then be taught what has been received
• Note that there are layers of detail to this subject, and scholars try to figure
out the nuances between the terms ‘rasul’ and ‘nabi’, but this is the
generally agreed upon position.
Prophets mentioned in the Qur’an
There are twenty-five Prophets mentioned in the Qur’an by name, all of whom are considered
Prophets by consensus (ijma’). Anyone who denies a single one of them is guilty of disbelief (kufr).
1. Adam 14. Musa

2. Idris 15. Harun
3. Nuh 16. Dhu al-Kifl
4. Hud 17. Dawud
5. Salih 18. Sulaiman
6. Ibrahim 19. Ilyas
7. Lut 20. Alyas’a
8. Isma’il 21. Yunus
9. Ishaq 22. Zakaria
10. Ya’qub 23. Yahya
11. Yusuf 24. ‘Isa
12. Ayyub 25. Muhammad
13. Shu’ayb (Peace be upon them all)
Faith in the Prophets
• It is necessary to have detailed faith in prophets whose names are mentioned in the
Book and the Sunna.
• There are 25 Prophets mentioned by name in the Qur’an
• Some scholars believe that every Muslim should memorize the names of all the Prophets
mentioned in the Qur’an, but this is not required to fulfil your fard ‘ayn knowledge. But you do
have to know and be aware that these are the names of the Prophets mentioned in the Qur’an.
• It is necessary to have general faith in prophets who are not well-known, by believing
that everyone who is a Prophet, in the knowledge of Allah (SWT), is truthful.
• There are many prophets who we do not know because they are not mentioned in the Qur’an and
Sunna
• We believe that those who were Prophets of Allah (SWT) were real prophets, and that they were
truthful. They were sent by Allah (SWT) to every nation, and they called people to Allah (SWT)
and instructed them on how to please Allah (SWT) and gave them morals, ethics & guidance that
would benefit them in this world and the next.
Number of Prophets and Messengers
• Abu Dharr related, “I said: ‘O Messenger of Allah! What is the number
of the Prophets and Messengers?’ He replied: ‘One hundred and
fourteen thousand Prophets.’ I said: ‘O Messenger of Allah! How
many Messengers were among them?’ He replied: ‘Three hundred
and thirteen – a large group.’” (Recorded by Imam al-Bayhaqi in al-
Sunan al-Kubra with a weak chain)
• Because there is a weakness in this hadith, it is not really admissible in
matters of belief that you have to believe in. So it is not required for a Muslim
to believe that there have been this exact number prophets and messengers
sent to humanity.
• Some scholars affirm these numbers, others deny them.
Are there other prophets?
• Some scholars that the Prophet mentioned in Sura al-Baqara 246-248 is Samuel,
but there is nothing explicit to affirm it.
• Some scholars believe Samuel was a prophet. Others say it is uncertain.
• There is a difference of opinion about ‘Uzayr.
• ‘Uzayr was a man who Allah (SWT) caused to die for 100 years, and then Allah (SWT)
resurrected him and his donkey
• There is a difference of opinion about Khidr (mentioned in Surah Kahf). The
majority say he is a saintly figure (Wali) and not a Prophet.
• As a Muslim, it is not required for you to believe in the prophethood of Samuel,

‘Uzayr or Khidr. Our core convictions are not based on things which are not
explicit or speculative.
Prophethood is rationally possible & is bestowed
• 1) Prophethood is rationally possible, not necessary
• It is not incumbent upon Allah (SWT) to send prophets to humanity. There is nothing that Allah (SWT) is
forced to do. And there is nothing which makes prophethood rationality impossible.
• The Mu’tazila hold the belief that prophethood is rationally necessary, and the Barahima who considered
prophethood rationally impossible.
• 2) Prophethood is a rank bestowed by Allah (SWT). It is not acquired through effort (e.g.
purifying and disciplining yourself, shutting off your senses, engaging in spiritual exercises)
ِ ‫ٱّلل س ِميع ب‬ ِ ِ َّ ‫ط ِفى ِم َن ٱْلمَلـِٰئ َك ِة ُرس ًًَۭل و ِم َن‬
‫ص ًۭير‬ َ َ َ َّ ‫ٱلناس ۚ إ َّن‬ َ ُ َ َ‫ص‬ْ ‫ٱّللُ َي‬
َّ
“Allah chooses envoys from the angels and from humans.” [22:75]
• (The messengers among the angels are not the same as the messengers among the humans)
• To say it is acquired through effort opens the door to say it can be acquired after the Prophet Muhammad
(SAW). They are not given Prophethood because they were working for it or going through a process of
purifying themselves. They did have distinguishing qualities that were present even before their
prophethood, but they did not necessarily attain prophethood because of those qualities. Rather, Allah
(SWT) willed for them to have those qualities and then also bestowed them with prophethood.
Necessary Traits for Prophets & Messengers
• 1) Truthfulness (Sidq) • If any of these traits are missing, or if any of
• 2) Faithfulness (Amana), also known as the opposite qualities are present in a person,
Infallibility (‘Isma) then by definition, they cannot be a
messenger or prophet.
• 3) Conveyance (Tabligh)
• When discussing the necessary attributes of
• Some of the scholars also include: 4) Being Free Allah SWT, the term “necessary” meant
of External Faults or Physical Blemishes (That “rationally necessary.” In the context of the
Would Detract from the Message) necessary traits of the prophets, the meaning
• It is impossible for any of the prophets and of “necessary” is linguistic: it means qualities
messengers to be afflicted with any kind of physical which are inseparable from the prophets and
deformity or sickness that would either (1) scare
messengers (i.e. the qualities they MUST
people away because of their appearance, or (2)
render them incapable of conveying the message have,) even if those qualities are only proven
• This technically does fit in with the trait of
from revelation (wahy, hadith), and the
conveyance, as an external physical fault could be an arguments are not necessarily rational. So the
impediment to them conveying the message proofs for the necessary traits of prophets are
rational proofs as well as textual.
Truthfulness (Sidq)
• Truthfulness: ‘The agreement of information with reality.’ (i.e. what is said about
a matter corresponds to reality about that matter.)
• Truthfulness as a quality of prophets and messengers applies in three areas:
• 1) Truthfulness in the claim to Prophethood. (i.e. if they say, “I am a nabi/rasul,” they are
truthful in that claim)
• 2) Truthfulness in the rulings they convey from Allah (SWT). (i.e. everything they convey from
Allah SWT is truthful, and there is nothing that they say is from Allah but actually is not)
• 3) Truthfulness in their words regarding worldly matters, such as the statements: “Zayd stood
up,” “’Amr sat down,” and “I ate” and “I drank,” and so on.
• The first two are from truthfulness in relation to what is conveyed from Allah (SWT), and the
third is included in faithfulness (amana), which means protection from sin (i.e. they are
protected from lying about things.)
Proofs for truthfulness of the Prophets
mentioned in the Qur’an
ِ ‫وما ي‬ ِ ‫وما ي‬
‫نط ُق َع ِن ٱْل َه َ َ ٰى‬
‫نط ُق َع ِن ٱْل َه َ َ ٰى‬ َ ََ َ ََ
‫ص ْد ِق ِه ْم‬ ِ ‫ٱلصـِٰد ِقين عن‬ ِ
‫ َح ٰى‬ َّ ِ ِ َ َ َّ ‫لَي ْسـَ َل‬
َ ‫إ ْن ُُ َ َ إَّل َو ْح ًۭى ُي‬
“That He [Allah] will ask the truthful
“He does not speak from caprice (hawa);
[the Prophets] about their
it is but revelation revealed.” [53:3-4] truthfulness...” [33:8]
• This means that nothing that the Prophet • On the Day of Judgement, Allah
(SAW) utters is from false/vain desires or (SWT) will ask the (truthful)
the like. It is all wahy (revelation) revealed. Prophets about their truthfulness
(in their conveyance of the
‫ٱّلل ورس َُل ُه ۥ‬
ُ َ َ ُ َّ ‫ص َد َق‬
َ ‫َو‬ message.)
“…And Allah and His Messenger were • This also implies that Allah (SWT) will
truthful…” [33:22] ask the liars about their lies.
Other proofs for truthfulness of the Prophets
• If the Messengers were not truthful, it would have implied that there is falsehood in the inimitable
miracles (Mu’jizat) that indicate their truthfulness. These miracles are like Allah’s way of saying: “My
servant who claims Prophecy is truthful in everything he conveys from Me.”
• The splitting of the moon was a miracle witnessed by dozens (if not hundreds) of people. This was a mu’jiza – a
miracle which cannot be imitated nor replicated. There are thousands of different types of mu’jizat and there is
an entire genre of literature on this subject called ‘Dala'il al-Nubuwwa (the Proofs of Prophethood)’
• Everything around us is a divine act, but these things are ordinary. But a miracle given to a prophet, such as the
splitting of the moon, is a divine act which breaks the norm (i.e. because the moon is usually whole and unsplit.)
Miracles break empirical phenomena. So when a miracle occurs, this is Allah’s away of confirming the
truthfulness of the Prophet, for whom that miracle takes place. So it is as if, through the miracle, Allah (SWT) is
saying, “This is the sign of this Prophet’s truthfulness, and he is truthful is everything he conveys from me.”
• An inimitable miracle indicates the truthfulness of the Messengers just like speech. If, therefore, the
Messengers were untruthful, it would imply that Allah (SWT) was lying when He confirmed them via
the miracles, and it is impossible for His statements to contain lies because what He informs is in
agreement with His knowledge, which can only be truth.
• Scholars say that the mu’jizat miracles, which were witnessed by multiple people and conveyed through mass
transmission, are like speech i.e. a way of communicating information.
• If the messengers were not truthful, then these miracles from Allah (SWT) would be untruthful as well, and it is
rationally impossible for Allah (SWT) to lie.
Evidentiary value of miracles
• The following analogy is not to say that the acts of God, in the creating of these miracles, is the same as the
analogy, but it is meant to make things more approximate and easier to understand
• This analogy should not be misconstrued as a comparison between the actions of a human king and a messenger for that
king, and the act of God in the creation of the miracle performed for a messenger and his ummah. This analogy is just used
to show what the miracle conveys i.e. Allah (SWT) conveying to the people that His messenger is truthful in everything he
says concerning the Creator of that miracle. So Allah’s miracle is used to convey this message.
• “The indication of miracles may be likened to a man who is in the inner courtyard of a powerful king. [The
man] stands among the people and claims that he is a messenger of the king and [is] under order to convey a
message from the king. The attendees demand a proof that he is truly a messenger of the king, and in reply
he says: ‘The proof that I am truthful in my claim to be a messenger from the king is that he goes against his
norm and stands up from his throne and sits down three times.’ If the king was to get up and sit back down
three times as the messenger described, that would impart self-evident knowledge that he is in fact a
messenger of the king.” —Imam al-Sanusi
• So the man comes from the king to the people in the courtyard to impart a message to the people from the king. To prove
he actually is a messenger sent by the king, the man says that the king, who is far in the distance, will do stand up and sit
back down in his throne three times (which is an uncharacteristic behavior of the king), and the king is not within earshot
when the messenger is telling the people this (i.e. this is something the king and the messenger planned beforehand to
help convince the people.) So when the king stands and sits three times, this confirms that the messenger was telling the
truth, and he was indeed sent by the king.
Rational proof for how a mu’jiza conveys the
truthfulness of a prophet
• Premise 1: A Mu’jiza, defined as ‘a supernatural event that coincides
with a challenge and which is free of opposition.’ It is a confirmation of
the truth-claim of Prophet.
• A mu’jiza (miracle) breaks empirical norms and cannot be imitated, replicated
or recreated.
• Premise 2: If a Prophet was not speaking the truth, this supernatural
event would be a confirmation of a liar.
• Premise 3: One who confirms a liar in their lie is a liar themselves.
• Premise 4: It is rationally impossible for Allah (SWT) to lie.
• Conclusion: The Mu’jiza, therefore, is a proof of a Prophet’s
truthfulness.
Faithfulness (Amana)
• Another term for this is ‘infallibility’ (‘isma). The Prophets are safeguarded from
falling into sin (haram) and doing what is reprehensible/disliked (makruh).
• This includes minor and major sins, whether those minor sins are loathsome (like
stealing a morsel or adding a gram to a measure), or non-loathsome like looking
at a woman with desire (this is considered non-loathsome because it is rooted in
human desire).
• Infallibility is a trait that is present before and after prophethood, whether, unless
the act is done to legislate (i.e. showing that something is halal, or how to correct
a mistake, like the prostration of forgetfulness).
• The prophets and messengers do not commit these major or minor sins intentionally nor
unintentionally, nor even out of forgetfulness. The only situation where forgetfulness would
occur is when Allah SWT intentionally creates such a situation for the purpose of teaching
their ummah what to do (i.e. leading by example.)
Infallibility & Impeccability
• Imam al-Sanusi: “All of their actions—looking externally—are either
obligatory, recommended, or neutral. But in reality, they are either
obligatory or recommended, because their engagement with the neutral was
not from mere desire like others; rather they always engaged in neutral
matters with an intention rendering it an act of worship, the very least of
which is legislating the act for others and modeling it—which is teaching.’
• The prophets and messengers of Allah (SWT) can only do what is obligatory or
recommended (with regards to shari’i legal rulings.)
• Regarding things which are legally neutral – it is a function of their mission that they
engage in lawful things in order to demonstrate to their ummah that they are lawful,
and since this is a part of conveying the message, this is an act of worship (ibadah) for
them.
“Forgetfulness” of Prophets
• When the Prophets “forget.” it is Allah (SWT) causing them to forget
in those specific moments so that those specific moments become
opportunities to teach the people what do to if they forget. So this is
not a forgetfulness of neglect (e.g. being distracted by worldly
matters, heedlessness), but rather a praiseworthy type of
forgetfulness, whose purpose is to legislate and instruct the ummah
(e.g. prostration of forgetfulness, oversleeping of Fajr.)
• Some scholars the cause for the forgetfulness of Adam (AS) was his
inexperience with lies. Regardless, this forgetfulness was not in the
area of legislation for a community (shariah), as initially, his
prophethood was not for humanity but rather he received special
revelation and knowledge from Allah (SWT.) Adam (AS) received
revelation regarding shariah later on.
Proofs for faithfulness/infallibility of the prophets
• If the Prophets had proven themselves treacherous by committing an unlawful or detestable
act, both the unlawful and the detestable would have become obedience for them. This is
because Allah (SWT) commanded us to follow them in their statements and actions.
• As followers of the Prophet (SAW), we are ordered to take what he gives us and abstain from what he
forbids us. So if the Prophet (SAW) had done something unlawful, we would be required to emulate that
action, and this would make it wajib (obligatory) to do the haram, which is contradictory.
• It is impossible for the unlawful or detestable to transform into obedience for the Prophets,
because that is a ‘gathering between two contradictories’. If the transformation of the
unlawful and detestable into obedience for them is proven to be false, it also follows that they
cannot be treacherous. If treachery from them is proven to be false, it is necessary that they
are faithful.
• Something which is forbidden (haram) for the Prophets cannot also simultaneously be obligatory (wajib).
We cannot follow a Prophet and yet also affirm that he did bad things, because then it becomes
confusing as to which of his actions should be followed/emulated, and which should not be. The
Prophets are meant to be followed in everything, so Allah (SWT) protects the prophets and messengers
from sin and disobedience.
Proofs for faithfulness/infallibility of the prophets
َّ ‫ٱّللُ َوَي ْغِف ْر َل ُك ْم ُذُن ََِّ ُك ْم ۗ َو‬
‫ٱّللُ َغُف ًۭ َر َّرِح ًۭيم‬ َّ ‫ُق ْل ِإن ُكنتُ ْم تُ ِحُّب َ َن‬
َّ ‫ٱّللَ َفٱتَِّب ُع َِنى ُي ْحِب ْب ُك ُم‬
“Say: ‘If you truly love Allah, follow me; Allah shall love you and forgive you your sins,
and Allah is the Most Forgiving, the Merciful.’” [3:31]
‫َوٱتَِّب ُع َهُ َل َعَّل ُك ْم تَ ْهتَُدو َن‬

“…And follow him so perhaps you may be guided.” [7:158]
‫ٱّللَ ََّل َي ْأ ُم ُر ِبٱْلَف ْح َشا ِء‬

َّ ‫ُق ْل ِإ َّن‬
“…Say: ‘Indeed, Allah does not order with vileness…’” [7:28]
• Allah (SWT does not command vileness/immorality, so it is impossible for the
Prophets to commit any vileness/immorality, otherwise as followers of them, we
would be charged with committing wrong.
There are few exceptions when it comes to
following the Prophets
• There are some things which were permissible for the Prophet (SAW) but not for
his ummah. Regarding the Prophet’s trait of faithfulness, Muslims must
imitate/emulate/follow the Prophet (SAW) in his statements, actions and
approvals. Following him in these things may be wajib (obligatory) or
recommended. However, there is an exception to this, which are with regard to
things that are unique to the Prophet (SAW), and are only for him, and he
mentioned these things himself (e.g. continuous fasting for more than a day,
having more than four wives, praying the night prayer without requiring wudhu
as he did not fall into an unconscious sleep beforehand).
• Note that a person who follows the Prophet (SAW) in these exceptions would be forgiven if
they did not know that these were exceptions.
• There were also some things which were haram (impermissible) for the Prophet
(SAW), but fine for everyone else. Staying away from the haram thing is idabah in
itself, so this was a means for the prophets to draw nearer to Allah (SWT.)
Conveyance (Tabligh)
• The Messengers convey everything Allah (SWT) orders them to convey. Messengers do not
convey everything they know. There are matters that the Messengers know but do not convey.
• There are three categories for the information they receive:
1) That which they are ordered by Allah (SWT) to convey
2) That which they are ordered by Allah (SWT) to conceal
3) That in which they are given a choice.
• There are matters which the prophets may disclose to some people but not to others (because
they have been ordered to, or because they have a choice in the matter)
• Conveyance is included within the quality of faithfulness [amana] in that the Prophets do not
disobey the divine command (i.e. “convey what has been revealed to you”), but because of the
danger of ignorance in this matter, conveyance has been included and explained separately.
• To not convey when ordered would be an act of disobedience, but this is negated by the quality of
faithfulness.
Proofs for conveyance of the prophets
• If the Messengers had concealed, then concealment – which is
unlawful/haram – would have become an act of obedience for them, because
Allah (SWT) commanded us to follow the Messengers in their statements and
actions, yet Allah (SWT) does not command the unlawful or detestable.
• If the transformation of concealment into obedience for them is proven false,
it follows that the Messengers cannot conceal (the message of Allah [SWT]). If
concealment by the Messengers is proven to be false, then it is necessary that
the Messengers convey what Allah (SWT) ordered them to convey.
• These sorts of arguments are known as “arguments by implication” – if something was
the case, then something else would follow, but because that initial thing is false,
therefore that outcome cannot happen, and so we arrive at a conclusion
Proofs for conveyance of the prophets
‫ٱْلَي ْ ََم أَ ْك َمْل ُت َل ُك ْم ِد َين ُك ْم‬
“…Today I have completed for you your religion…” [5:3]
• This completion means the message was conveyed
• “The Prophet (Allah bless him and give him peace) asked [his Companions]:
‘Have I conveyed the message?’ They replied: ‘Yes.’ He said: ‘O Allah, bear
witness! Let the one present inform the one absent, for how many a
recipient understands more than the one who hears directly.’” (Bukhari)
• This hadith also confirms that the message was conveyed. The Prophet (SAW) asked
the people, and they confirmed it, then he confirmed it and asked Allah (SWT) to
bear witness
Impossible Traits for Prophets & Messengers
• 1) Lying (Kadhib): The non-conformity of information with reality, done in
an intentional way.
• The opposite of Truthfulness (Sidq)
• 2) Treachery (Khiyana): Committing an unlawful action that they forbade,
such as the prohibition of fornication and drinking alcohol, or committing
an act that is detested, such as reciting the Qur’an in bowing and
prostration.
• The opposite of Faithfulness (Amana) / Infallibility ('Isma)
• 3) Concealment (Kitman): It is impossible—whether intentionally or
unintentionally— for them to conceal anything they were ordered to
convey to the creation to whom they were sent.
• The opposite of Conveyance (Tabligh)
Possible versus impossible traits/experiences
for Prophets & Messengers
• It is permissible for the • Imam al-Sanusi: “As for serious illness and ailments like leprosy
Messengers to possess and smallpox that people would find disgusting, or madness
human qualities that do (whether small or great), blindness, being one-eyed, having
not lead to deficiency or sexually transmitted diseases like herpes, repulsiveness, being
detract from their lofty castrated, or being impotent, none of those are permissible for
stations with Allah, such as them. Similar to the permissibility of mild illness is sleep,
mild illnesses like fevers, injuries, being killed, experiencing harm from the creation in
headaches, and the like. word or deed, death, marriage, divorce, buying and selling,
• It is important to note that hunger, thirst, and forgetfulness in prayer. All of these things
the conditions which are are permissible.”
possible for prophets to • Prophet Ayyub (AS) was NOT affected by leprosy. This
experience are of the type misconception comes from Jewish traditions that have made their
that could never detract way into Islamic tafsir. Rather, we believe Allah (SWT) tested Ayyub
them from their mission of (AS) with a sickness, but it was a sickness that caused him pain and
conveying the message. suffering, but did not physically deform him or make him unsightly.
Proofs for the incidental human qualities of the prophets
• ‘It is possible for the Prophets to experience incidental human qualities that do not negate their lofty
station.’ This statement indirectly refutes three different false understandings:
• 1) ‘Incidental’: This refutes those who went to extremes with the Messengers and ascribed divinity to them, such
as the Christians with Prophet ‘Isa (AS).
• 2) ‘Human’: This refutes the belief of those in Jahiliyya who believed the human qualities negated Messengership.
Jahili Arabs thought humans cannot be messengers (referenced in the Qur’an), and they believed the Messengers
of Allah (SWT) can only be angels. And there are multiple verses in the Qur’an where Allah (SWT) tells the
Prophet (SAW) to say, “I am but a human,” and this was to teach the people that the Messengers of Allah (SWT)
are indeed human, and that they receive revelation from Allah (SWT)
• 3) ‘That do not negate their lofty station’: This refutes the Jews and others who ascribe deficiencies and sins to
the Prophets.
• The proof that having incidental human qualities was permissible for the Prophets, is the fact that
they occurred from them. The people of their time observed their incidental qualities (e.g. eating,
drinking, sleeping, getting injured in battle, getting married, having children, etc.), and those after
their time learnt of these qualities through mass-transmitted (mutawatir) reports.
• So the proof is simple: the occurrence of Prophets’ incidental human qualities proves that these qualities are
possible for them
The universality of the message of Sayyiduna
Muhammad (SAW)
• Muhammad (SAW) was sent to all of humanity and jinn and was not sent solely to the Arabs
of ancient Arabia – this is the meaning of ‘universality’
• Every prophet before Muhammad (SAW) was sent only to his own people, and their message was not
universal (i.e. for every nation)
• His Deen abrogates all other previous religions, the Qur’an abrogates all previous scriptures,
and his Shariah abrogates all previous revealed laws.
• There are some Christians who have studied the life of the Prophet (SAW) and read the
Qur’an, and they even affirm that the Prophet (SAW) is a true prophet. However, they believe
that he was a prophet sent only to the Arab people (i.e. that he is not a universal prophet.)
The response to them is: “You believe that the Prophet (SAW) was a prophet of Allah (SWT),
so that means, you believe he spoke the truth in everything he said. And he said that he has
been sent to all of humanity. So do you believe he was truthful in everything or not? He said
he is the Prophet of Allah (SWT), and you affirm this, so he must be truthful in everything,
including his claim that he has been sent to all of humanity.”
Proofs of the universality of the message of
Sayyiduna Muhammad (SAW)
• In the Qur’an: • In the hadith:
ِ ‫ٱلن‬
‫اس ََّل َي ْعَل ُم َ َن‬ َّ ‫َكثََر‬ ‫ير َوَنِذ ًًۭا‬
ْ ‫ير َوَلـٰ ِك َّن أ‬ ‫اس َب ِش ًًۭا‬
ِ ‫وما أ َْرسْلَنـٰ َك ِإ ََّّل َكاَّف ًًۭة ِل َّلن‬
َ ََ
Jabir narrated: “The Messenger
of Allah said, ‘I have been given
“And We have not sent you except to mankind entirely,
five things which no one before
as a bringer of good tidings and a warner.” (34:28)
me was given: …Every Prophet
used to be sent to his people
ِ ‫ٱّللِ ِإَلي ُكم ج‬ ِ‫ٱلناس ِإ‬
‫يعا‬ ‫م‬
ً َ ْ ْ َّ ‫ َل‬‫س‬
ُ َُ‫ر‬ ‫ى‬ ‫ن‬ ُ َّ ‫ُق ْل َيـٰأَُّي َها‬ specifically, but I have been
“Say ‘O mankind! Indeed I am the Messenger of Allah to sent to everyone, the red and
you all…’” (7:158) black...’” (Bukhari)
‫ين َنِذ ًا‬

‫ير‬ َ َ
ِ ‫تَبارك َّٱلِذى ن َّزل ٱْلُفرَقان عَلى عبِدِه ۦ ِلي ُك َ َن ِلْلعـَٰل‬
‫م‬ َ َْ ٰ َ َ ْ َ َ َََ
“Blessed is He who sent down the Criterion upon His
servant that he may be a warner to the worlds.” (25:1)
Proofs that Sayyiduna Muhammad (SAW) is
the seal of the prophets & messengers
‫َحد‬
َ ‫ان ُم َح َّمد أََبا أ‬ َ ‫“ • َّما َك‬My example in relation to Prophets before me is like a man who constructed a
‫ َل‬‫س‬ ‫ر‬
َّ ‫ن‬‫ك‬ِ ٰ‫ِمن ِرج ِال ُكم وَلـ‬ building, and he perfected and beautified it except that he did not place one brick in
َ ُ ۧ َ ْ َ ِ
‫ان‬ ‫ك‬
َ ََ َ‫و‬ ۗ ‫ن‬ ‫ـ‬‫ي‬ِ ‫ب‬ِ َّ
‫ٱلن‬ ‫م‬ ‫ات‬ ‫خ‬ ‫و‬ ‫ٱّلل‬
َّ one of the corners, so the people went around it, and were amazed by it, and they
ََ َ َ
‫يما‬ ِ ِ ِ
said: “Why did he did not place this brick?” I am this brick and I am the seal of the
ًًۭ ‫ٱّللُ ب ُكل َش ْىء َعل‬ َّ Prophets.’” (Bukhari and Muslim)
“Muhammad is not • This has a beautiful connection to the incident of the rebuilding of the Ka’bah: In the Makkan
the father of [any] one period before the wahy (revelation), the Ka’bah was flooded and there was some damage due
of your men, but [he to fire, so they had to rebuild the foundations of the Ka’bah. And at the end, the Quraysh had
is] the Messenger of to decide who would place the Black Stone (the final brick.) And because they could not make
Allah and seal of the a decision, one of them suggested that whoever was next to walk in would be the one who
got this honor. And the next person who walked in was the Prophet (SAW) and he suggested
prophets. And ever is that they place the rock on a cloth, and that a person from each clan lifts the cloth to place
Allah, of all things, the Black Stone. So the Prophet (SAW) had the honor of resolving the issue and placing the
Knowing.” (33:40) Black Stone. This is symbolic: just as he is the one who placed the final brick in the First House
made for the worship of Allah (SWT), he is also the seal of the Prophets.
• “There shall emerge from my nation many liars, each claiming to be a prophet, but I
am the Seal of the Prophets and there is no Prophet after me.” (Abu Dawud)
1.11) ‘Aqida 101:
Transmitted Beliefs
11/2/2022
Study of ‘Aqida (Belief)
• The creedal foundations of Islam is understanding the essential
Islamic beliefs (‘aqida) which ground a believer, and these are:
1) Theology (Ilahiyat)—beliefs about Allah (SWT)
2) Prophetology (Nubuwwat)—beliefs about the Prophets and Messengers of
Allah (SWT)
3) Transmitted beliefs (Sam’iyyat)—beliefs about unseen realities.
• These are things which cannot be physically observed (in our world), so we learn about
them through what we hear (or technically speaking, through transmitted knowledge)
• This transmitted knowledge includes Qur’anic revelation and sound ahadith of the
Prophet (SAW)
Use of the ‘Aql regarding Transmitted Beliefs
• The rational faculty (‘Aql) is used to understand the Transmitted Beliefs as one must realize that
everything of the unseen described in the Qur’an and Sunna are RATIONALLY POSSIBLE.
• For example, as Muslims, we believe in the punishment of the grave. This is a reality of the unseen world, but we
do not have the ability to know that with our rational minds in the absence of revelation (Qur’an & hadith) that
affirms that belief. But the rational mind has a role in believing in the unseen reality of the punishment of the
grave. The rational mind knows that punishment in the grave is a rational possibility.
• The ‘aql plays a role in these matters just as it does in everything else that we know. But its role in these matters is
not in discovering, but affirming what has been transmitted as being rationally possible.
• If a person fails to discern between what is rationally possible and empirically impossible, they might
have doubts and misgivings over certain transmitted beliefs.
• Materialists are people who only consider reality as empirical – so they only believe in things which can be
observed by the senses. A materialist may reject the idea of punishment in the grave, because they consider it to
be a rational absurdity. It is not. Empirically, it is perplexing because it has not been seen as an observed reality.
But it is still rationally possible.
• Materialists reject every miracle or every Prophet, and every matter of the unseen, that is perplexing to the mind
(because they cannot be seen), even though the matters of the unseen are rationally possible (and not absurd.)
The unseen realities are RATIONALLY POSSIBLE
• The Prophets bring what ‘perplexes minds’; they do not bring what the minds
deem rationally impossible.
• When the Prophets transmit details to their people about the unseen world, they inform of
us of that which perplexes the mind but not what the mind deems rationally impossible.
• Once you understand that the matters of the unseen world are rationally
possible, then you just have to receive the transmission about them.
• As long as the transmission is sound, you are required to believe in it, even if you cannot
truly grasp the nature of what it is
• The veil (hijab) between the seen realm and the unseen realm is a great mercy
from Allah (SWT).
• Had Allah (SWT) lifted this veil, and we could see all the angels and jinn, then we may lose
our minds.
Hadith of Jibril & the Six Pillars of Iman
The hadith of Jibril discusses the six pillars of Iman:
1) Iman in Allah—Theology
2) Iman in the Angels—Transmitted
3) Iman in the Books—Transmitted
4) Iman in the Messengers—Prophetology
5) Iman in the Last Day—Transmitted
6) Iman in the Divine Decree—Theology
• The reason why the Divine Decree was not discussed previously is because (1) the Prophet
(SAW) mentions Qadr separately from Iman of Allah (SWT), (2) the Prophet (SAW) mentioned
the verb “believe” a second time when he mentioned Qadr, and the reason why he repeated
it is to emphasize its importance.
• So technically Qadr is part of our theology, but it is mentioned at the very end. The Divine
Decree concerns our belief in Allah (SWT) as it relates to His Knowledge, Power, and Will with
respect to creation. So Qadr requires clarification because it related to the contingent world.
Belief in the Angels
• Belief in the Angels is a transmitted belief because we do not have a way of
affirming belief in the angels independent of revelation.
• Even though it is theoretically possible for someone to see or hear an
angel, it is exceedingly rare.
• Prophets and pious people (e.g. the sahaba, Maryam [AS]) had encounters with
angels (reported in ahadith.)
• Our belief in the angels is predicated upon revelation (Qur’an and Sunna)
bringing us details about the angels.
• Descriptions and details about the angels are found in various ahadith, but
these are details we are not required to know. There are only several core
beliefs about angels which we must affirm from a ‘aqida perspective.
Belief in the Angels
Belief in the Angels entails: • 5) Belief that they are truthful and what they inform;
• 1) Belief in their existence; • 6) Belief that they are so numerous that only Allah (SWT)
• Not as metaphorical beings with good attitudes, knows their actual number, as He said, “And none know
but in a literal belief in their existence as a the hosts of your Lord but He” [74:31];
creation of Allah (SWT) made from light • There are some interesting narrations that demonstrate how
• 2) Belief that they are honored; numerous they are, such as the hadith which mentions that
there is not a single space the size of a hand span, or an area
• We do not believe in fallen angels. We believe
of prostration in the heavens, except that there is an angel
Shaytan was not an angel, but a jinn.
prostrating.
• 3) Belief that they “do not disobey Allah in • 7) Belief in the specific Angels whose names and titles are
what He commands them, and they do as mentioned in the Qur’an and Sunna, such as Jibril,
they are ordered”; Mika’il, Israfil, Malak al-Mawt, Munkar and Nakir, Malik.
• They do not have a choice in what they do like
• This is the “specific” belief regarding the angels, whereas the
humans, they must follow Allah’s command
other points mention the general beliefs about the angels
• 4) Belief that they are the envoys between • We believe in the angels mentioned by name in the Qur’an
Allah (SWT) and His creation, who interact and Sunna and the specific roles and duties that Allah (SWT)
with them as He permits them; gives them
Duties of the Angels mentioned in the Qur’an
and Sunnah
• Jibril: convey the revelation/sacred scriptures (wahy) given to the previous
prophets, and given to the Prophet Muhammad (i.e. the Qur’an)
• Malak al-Mawt: taking of the souls
• Note that “Malak al-Mawt” is not his name, but his title, which means “the Angel of
Death”
• Munkar and Nakir: question people in the grave
• Malik: guardian of Hell
• Israfil: blowing the trumpet that signals the start of the Day of Judgement,
and the second blowing that will signal the resurrection
• Mika’il: controlling the weather
Questionable names of angels
• “Ridwan” and “‘Azra’il” used as names of angels are found in hadith that have some weakness
in them, or they do not come from the hadith, but from the Jewish tradition.
• Some Jewish traditions have made their way into Islamic scriptures such as tafsir and hadith collections,
and they are cited for historical records. However, because of the weakness of such reports, as a matter
of ‘aqida, we are not required to affirm these names.
• Some scholars say the Angel of Death is named “‘Azra’il” based on the hadith, but others find the hadith
questionable. So the choice to believe in these names is up to you, but know that the evidence for it is
not enough strong for it to be considered a core Islamic belief. Our core beliefs are based on explicit
evidences, not speculation. And if you chose not to believe these names, then that is fine as well.
• As for Raqib and ‘Atid, they are two descriptions that apply to each angel. Or it is said: Raqib is
the angel who watches and ‘Atid is the angel ever ready to record. So they are not names of
two angels, but two types of angels. And there are many of them, all tasked with watching and
recording the actions of humans.
• There are some other hadith and narrations that mention different names, but these are not
sound, so it is not a point of belief to affirm those names.
Belief in the Revealed Scriptures
• General belief in the revealed scriptures includes the following:
1) Belief in their existence. (There were scriptures revealed to various prophets over time.)
2) Belief that they are the speech of Allah (SWT).
3) Belief that they contain truth, sent to some of His Messengers.
• It is necessary to have detailed faith in four of them:

• 1) the Qur’an – revealed to the Prophet Muhammad (SAW),
• 2) the Torah – revealed to Musa (AS),
• 3) the Gospel/Injil – revealed to Isa (AS),
• 4) the Psalms/Zabur – revealed to Dawud (AS)
• The Suhuf (scrolls) revealed to Ibrahim (AS) can also be included, because Allah (SWT) mentions it
in the Qur’an. So we can affirm it since it is mentioned in the Qur’an, even if we do not know the
exact nature of this scripture
• We know about some, but not all of these scriptures. Faith in any other books besides
these four is a general belief, and none know their number but Allah (SWT).
Belief in the Revealed Scriptures
• One additional belief that should be noted is that although we believe Allah (SWT)
revealed the Torah to Musa (AS), the Gospel/Injil to Isa (AS), and the Psalms/Zabur to
Dawud (AS), we do not believe that those scriptures are preserved/transmitted in their
exact/original forms. We believe these scriptures have undergone alterations and
corruptions. So there are fragments of truth in these scriptures in the present-day form.
• Whatever guidance is in them that is in agreement with the Qur’an, we affirm it. Whatever
contradicts the guidance of the Qur’an we say that clearly cannot be. And whatever is ambiguous
meaning, it is something that we neither confirm nor deny. It could be used as a historical
narrative, but it is not something that we invest faith in.
• These previous scriptures are abrogated.
• We do not seeking guidance in ethics and behaviour and ritual law through any of the previous
scriptures.
• Belief in the revealed scriptures is a transmitted belief, because we have no way of
knowing of them except through the Qur’an or hadith.
General Belief in the Last Day (Yawm al-Qiyamah)
1) Belief in the Day of Judgement in general (i.e., that it will occur in reality).
• It is not a metaphor for something else. It is an actual bodily experience.
2) Belief that it includes the resurrection of the physical bodies literally (i.e., it is
literal and not a ‘state of mind’ or allegorical.)
• Justice for everything that has happened in human history will play out on the
Day of Judgement. The outcome for everything a person has come through in life
will be revealed on that day. So we ask Allah (SWT) for peace and salvation, and
safety and well-being in our deen and dunya, and that we have a good end at the
time of death.
Specific, Detailed Belief in the Last Day (Yawm al-Qiyamah)
One is required to believe in the specific • 4) Standing on the Day of Judgement.
details of the Last Day mentioned in the • Also includes al-A’raf (the Elevated Station)
Qur’an and in the sound hadith reports.
• 5) The Intercession of the Prophet Muhammad (SAW)
(There is a difference of opinion about the
• Allah (SWT) will give him a supreme intercession – allowing him to
order for some of these events, but the plead on behalf of his ummah (including initiating the judgement,
order is not central to our belief. What is raising the ranks of some people, lifting torment for some people,
important is that we believe in these things forgiveness & admission into Jannah for some people)
as physical places and experiences.) There
• 6) The reckoning and the receipt of one’s book of deeds in
are too many details to mention here, but
either their right or left hand.
the basic events we must believe in are:
• 7) The Scale (al-Mizan).
• 1) The blowing of the Horn by Israfil
signaling the end of this world. • 8) The Bridge (al-Sirat).
• Suspended over Hell, thinner than a hair and sharper than a sword.
• 2) The second blowing of the Horn by
Israfil signaling the resurrection of • 9) The Pond (al-Hawd).
humanity. • Incredibly large body of water. Drinking from it cures thirst.
• 3) The gathering of humanity on the • It is a gathering place for the ummah of the Prophet (SAW)
Judgments Plains on the Last Day. • 10) The two abodes of eternity: Jannah and Jahannam.
Beliefs about Jannah and Jahannam
1) Belief that they are physical creations of Allah • There are lots of reports about the details of
(SWT.) (They are not symbolic or allegorical.) Jannah and Jahannam, and they vary in their
2) Belief that they are already created. (They authenticity (e.g. rigorously authentic, authentic,
were created by Allah [SWT], and so they authentic via combining of multiple chains of
have a beginning.) transmission, lightly weak because there is some
weakness/problem in the chain of transmission.)
3) Belief that they are eternal after their We are only required to believe in the details of
creation. (Since they have been created by Jannah and Jahannam that are mentioned in the
Allah [SWT], they will continue to exist.) Qur’an or the rigorously authentic hadith.
4) Belief in the specific punishments of Hell • Regarding hadith about Jannah or Jahannam which
mentioned in the Qur’an and sound hadith have some weakness, it is not part of your ‘aqida to
affirm it. It won’t harm you to not affirm it. And if you
reports. affirm it because it is supported by other narrations,
5) Belief in the specific rewards and enjoyments and you believe it on that basis, then that is fine. But it
of Jannah mentioned in the Qur’an and is not the same degree of certainty that one would
have regarding other narrations which are rigorously
sound hadith reports. authentic.
Belief in the Qadr (Divine Decree)
• Belief in the Qadr, or Divine Decree, is included as an implication of belief in Allah’s
knowledge, power, and will. However, because of its relation to events in the created world,
and because the Prophet (SAW) mentioned it separately, we discuss it here.
• Qadr is the knowledge of Allah (SWT) and the application of his power and will, as it relates
to human events and events in creation.
• Belief in the Qadr entails belief that all that happens, both good and bad, is by the will and
power of Allah (SWT), just as His knowledge was linked with it before its existence.
• There is nothing that Allah (SWT) does not know – He knows everything has happened, is happening
and will happen in this life and the next life.
• The finite limited mind cannot have encompassing knowledge of the one who is infinite and
not encompassed by anyone's knowledge. No one can encompass Allah’s knowledge.
• If you have that basic belief in the Qadr, you are safe. If you start to get waswasa/doubts by thinking
too deeply about it, you may have to learn more details, but always be aware of your own limitations:
you are a limited created of Allah (SWT), and thus, you can never comprehend the infinite.
• “Allah Most Exalted has known from pre- • If you try to use your limited finite mind to
eternity the total number of those who will understand the linkage between Allah's knowledge
enter Paradise and those who will enter power and will to the created world in your life, you
Hell. This number neither increases nor will never reach that knowledge. You'll drive
decreased, as is the case with actions, yourself mad or you will fall into heresy and crazy
which He knew they would do. ideas about reality. The finite mind cannot grasp
The nature of the Divine Decree is Allah’s the reality of Allah's knowledge.
secret within His creation. Neither an • No one has encompassing knowledge of the reality
intimate Angel nor a Prophet sent [by Allah] of the Qadr of Allah (SWT). All you need to know is
knows of it. Delving into that [secret] and that anything that happens to you that is good is
debating about it is a means of willed by Allah (SWT), and Allah (SWT) knew about
abandonment, a ladder to deprivation, and it before your existence. Anything that is seemingly
a step towards rebellion [against Allah]...”— bad that happens to you could have never missed
Imam Abu Ja’far al-Tahhawi (d. 321 AH) you, and Allah (SWT) always knew about it.
Those who use Qadr as an excuse to be lazy,
do so only in matters of belief
• A problem arises when people try to grasp and seek the essence of Qadr, or they use the Qadr as an
excuse. Such a person thinks, “Allah knows if I'm going to heaven or hell, so why bother doing
anything? Why bother doing good deeds? Why bother doing ibaadah (worship) if Allah knows if I'm
going to hell or heaven?” However, they only use that argument for matters of religion. If they were
sitting in their home while the fridge is empty and they’re hungry, they would not say, “Allah knows if
I'm going to eat or if I'm going to starve, so I shall sit here and not move an inch.” Indeed Allah (SWT)
knows whether you're going to starve or whether you're going to get food, but you are in the world
of cause and effect – so either you do something or you don't do something. Either way that's true.
• This shows that this argument is used as an excuse by those who want to use the qadr as an excuse to be lazy - to
avoid obeying Allah SWT and doing what he requires and asks of them. They don’t do that for eating and drinking
and worldly things.
• And they are using the Qadr is an excuse, then they should never object to anyone going up to them
and smacking them in the face because if the if it's the Qadr, why are you objecting? Allah knows
whether you’re going to get smacked in the face or not, so what’s the problem? Why are you
objecting?
• We're in the world of cause and effect. Because of that, we are veiled from the ultimate
realities involved in all the choices that are presented to us and their outcomes. The law of
unintended consequences states that we make certain decisions thinking their best, and
we don’t know the unintended consequences in the long-term effects of those decisions: A
bad thing may happen, and you initially find it distressing, but then it ends up being a great
thing. A good thing may happen, but then it turns out to have horrible effects.
• You may make what you think is a good decision, and yet, in doing so, you discover there are
problems associated with it that you didn't anticipate, and you regret making that decision. Or
perhaps you wanted something that you thought would be good for you, and you asked Allah SWT
for it, but Allah SWT did not give it to you. And as time went by you realized that it's actually good
that you did not get the thing you wanted because you have come to prefer an alternative outcome.
• When you make the istikhara du’a that the Prophet (SAW) taught us, (and he would teach that du’a
like a chapter of the Qur’an), you are asking Allah (SWT) to help you to guide you in that decision
because you don't know the outcome. You may think something's good for you, and it's not. You may
think something's bad for you, and it's not.
Other transmitted beliefs
• 1) Belief in all of the signs of the Day of Judgement that the Prophet (SAW)
foretold in the sound hadith reports, with a general belief in their occurrence
even if we do not fully grasp how they will occur.
• If we come across a sound hadith from the Prophet (SAW) describing a sign of the Day of
Judgment, we believe in it in a general sense, even if we are not sure exactly how it will look
when it takes place.
• There are some signs/trials mentioned in the sound hadith that sound vague and a bit
ambiguous. Scholars have tried to interpret what they mean and what it might look like. But
in the general sense, we believe in them, even if we lack full knowledge about their nature.
• 2) Belief in the existence of jinn.

• They are a literal creation of Allah (SWT.) They are not microbes (microbes do not speak nor
interact with humans in the same way as jinn.) Jinn have intelligence and are also
accountable for their actions, and will be judged on the Day of Judgement
Other transmitted beliefs
• 3) Belief in the punishment and delight in the grave (‘Adhab al-Qabr wa Na’im al-
Qabr).
• A person who enters the grave is in an intermediate state between this life and the Day of
Judgment, and they will have experiences, of either punishment or delight/reward. Death is a
created thing – it is not non-existence, but a transition from one type of consciousness to
another type of consciousness, and the ruh (spirit) endures during this transition
• 4) Belief in the existence of: the ‘Arsh, the Kursi, the Pen, and the Preserved Tablet
• These are great physical creations of Allah (SWT) which are immense in size. They are not
instruments or tools that Allah (SWT) requires or needs for Himself.
• They each play a role in this cosmos, just as animals, human beings and jinn play a role, but
their role is in the unseen world which we are not privy to. We only of them through
descriptions in the Qur’an and hadith.
‘Aqida 101: Test
‘Aqida 101 Test Questions: Epistemology
• 3) What are the three types of rational judgments?
‘Aqida 101 Test Questions: Theology (1/4)
• 5) What are the three components of ‘Aqida?
• 6) In our ‘Aqida 101 class we learned the thirteen attributes of Allah that are
rationally necessary:
• a) Do we believe that Allah has attributes that are rationally possible, and not rationally
necessary?
• b) Why did we only focus on thirteen attributes?
• 7) To what does Allah’s power and will relate (ta’alluq)?

• 8) What is the correct reply to an atheist who asks, ‘Can God create a
stone that is too heavy for Him to lift?’
• 9) In what key way is Allah’s knowledge different from our
knowledge?
• 10) What sorts of beliefs will a person have if they do not properly
understand the ‘negating attribute’ of Absolute Dissimilarity to
Created Things?
• 11) What is negated when we affirm ‘Self-subsistence’ for Allah?
Mention a false belief that some may have that relates to this.
• 12) We learned that Allah’s Oneness includes oneness in His Essence,
Attributes, and Actions. What exactly is negated for all three?
• 13) What is ‘blind-conformism’ in matters of belief, and what is the
position of the majority of scholars concerning it?
• 14) How does one escape ‘blind-conformism’ in matters of belief?
• 15) Put into your own words the basic rational proof for Allah’s
existence. You may refer to the stories in the slides and notes, but put
the argument in your own words.
• 16) The rational proofs for attributes #2-13 use a basic ‘argument
from implication’. Pick five attributes from the list between attributes
#2-13 and use one sentence to explain their rational proof.
‘Aqida 101 Test Questions: Prophetology (1/3)
• 17) What is the difference between a Prophet (Nabi) and a Messenger
(Rasul)?
• 18) How many Prophets are mentioned by name in the Quran?
• 19) What does it mean when we say that ‘Prophethood is bestowed
(wahbi), not acquired (kasbi)’?
• 20) Identify from the following list which things are necessary,
possible, or impossible for the Prophets.
• A) Lying
• B) Eating food
• C) Conveying the Law revealed to them
• D) Having leprosy
• E) Doubting in Allah
• F) Being handsome
• G) Being infallible
• H) Being sick
• 21) What is the basic proof, in your own words, for Truthfulness for
the Prophets?
• 22) What do we mean when we say ‘The Prophets are infallible’?
• 23) Are the Prophet commanded to convey everything Allah reveals
to them? Explain your answer.
‘Aqida 101 Test Questions: Transmitted Beliefs
• 24) What is the role of the mind when it comes to transmitted
beliefs?
• 25) From the hadith of Jibril, which of the six pillars of faith are
transmitted beliefs?
• 26) Describe in your own words the difference between ‘general
belief’ and ‘specific belief’ with regards to transmitted beliefs.
• 27) What does belief in Qadar (Divine Decree) entail?
‘Aqida 101: Test Answers
‘Aqida 101 Test ANSWERS: Epistemology
• Knowledge is access to truth, congruent with reality, based on truth
• (1) sound senses, (2) sound report, (3) intellect
• 3) What are the three types of rational judgments?
• (1) necessary, (2) impossible, (3) possible
• Rational judgements help us construct, analyse and understand proofs and
arguments that are used when discussing beliefs
‘Aqida 101 Test ANSWERS: Theology (1/4)
• 5) What are the three components of ‘Aqida?
• (1) Theology (Ilahiyat), (2) Prophetology (Nubuwwat), (3) Transmitted Beliefs (Sam’iyyat)
• 6) In our ‘Aqida 101 class we learned the thirteen attributes of Allah that are rationally
necessary:
• a) Do we believe that Allah has attributes that are rationally possible, and not rationally necessary?
• It is possible for Allah (SWT) to either do or leave every rationally possible thing. Allah SWT has
endless perfections.
• b) Why did we only focus on thirteen attributes?
• We are only obliged to know these thirteen necessary attributes, and not all of Allah’s Attributes,
because it is impossible for the finite human mind to comprehend all of Allah’s infinite perfections.
• 7) To what does Allah’s power and will relate (ta’alluq)?

• Allah’s power and will relates to things which are rationally possible, not rational absurdities.
• 8) What is the correct reply to an atheist who asks, ‘Can God create a stone that is too
heavy for Him to lift?’
• Allah’s power and will relates to rational possibilities, not rational absurdities
• 9) In what key way is Allah’s knowledge different from our knowledge?

• Unlike our knowledge, Allah’s knowledge is absolute (i.e. it does not require any form of
contemplation, and it does not have any deficiency) & imminent (He has knowledge of everything
simultaneously and His Knowledge is eternal and unchanged with the passage of time)
• 10) What sorts of beliefs will a person have if they do not properly understand the
‘negating attribute’ of Absolute Dissimilarity to Created Things?
• They may try to envision the appearance of Allah (SWT) with characteristics they are familiar with,
but Allah (SWT) is absolutely dissimilar to anything that is created and thus His Appearance is
beyond our imagination.
• 11) What is negated when we affirm ‘Self-subsistence’ for Allah? Mention a false belief that some may
have that relates to this.
• (1) Negation of Allah (SWT) needing a place or thing in which to dwell/subsist.
• (2) Negation of Allah (SWT) needing one to make decisions about Him
• False belief: Allah (SWT) is a quality of something else or part of something (with contingent properties)
• 12) We learned that Allah’s Oneness includes oneness in His Essence, Attributes, and Actions. What exactly
is negated for all three?
• (1) For His Essence: Negation of compositeness, and negation of anything besides Allah (SWT) being described with a
perfection that is necessary for Allah (SWT)
• (2) For His Attributes: Negation of having ‘two powers/wills,’ and negation of anything besides Him having an attribute
like His.
• (3) For His Actions: Negation of others performing actions like Allah’s actions.
• 13) What is ‘blind-conformism’ in matters of belief, and what is the position of the majority of scholars
concerning it?
• Blind-conformism is acceptance of a belief based on what someone else has said, without having true knowledge of it
personally
• The position of the majority of scholars regarding blind-conformism is: Blind-conformism is unlawful (haram) for one
who has the ability to reflect on the rational proofs, and it is allowed for one without the ability to reflect on the proofs.
• 14) How does one escape ‘blind-conformism’ in matters of belief?
• By reflecting on the (rational) proofs/signs of Allah’s existence
• 15) Put into your own words the basic rational proof for Allah’s existence. You may refer to the stories in the
slides and notes, but put the argument in your own words.
• A very simple basic rational proof comes of the story of Bedouin who noticed that camel drops came from a camel,
footprints are made by the one who is walking, and so the sky with its constellations and the earth with its landscapes
must point to a Creator.
• 16) The rational proofs for attributes #2-13 use a basic ‘argument from implication’. Pick five attributes from
the list between attributes #2-13 and use one sentence to explain their rational proof.
• Beginninglessness: For contingent beings, their beginning is preceded by non-existence and the fact that they have a
beginning means their existence is rationally possible, and requires an originator to bring them into existence. Allah’s
beginninglessness does not depend on the passage of time and His existence is rationally necessary.
• Oneness: The argument of mutual hindrance states that if there are gods besides Allah (SWT) that have power and will,
then they would have to either co-operate together about certain things, or that their actions depend on permission from
each other, and this implies that such a god is not all-powerful.
• Power: Negating power necessitates incapability, and one who is incapable cannot bring a contingent thing into existence.
• Knowledge: Negating knowledge necessitates ignorance, and it would make it impossible to create a contingent thing, as
you cannot intend to create something you do not know about.
• Hearing: Negating hearing necessitates deafness, and imperfections are rationally impossible for Allah (SWT)
‘Aqida 101 Test ANSWERS: Prophetology (1/3)
• 17) What is the difference between a Prophet (Nabi) and a Messenger (Rasul)?
• A Prophet (Nabi) is one you affirms a previously revealed Shariah (law)
• A Messenger (Rasul) is one who comes with an updated Shariah and calls others to it
• 18) How many Prophets are mentioned by name in the Quran?
• 25
• 19) What does it mean when we say that ‘Prophethood is bestowed (wahbi),
not acquired (kasbi)’?
• Prophethood is something Allah (SWT) blesses to those who he chooses. And the
Prophets of Allah (SWT) have good character, both before and after prophethood.
Prophethood is not something that one can achieve through personal effort (such as
becoming very pious, purifying one’s self etc.)
• 20) Identify from the following list which things are necessary,
possible, or impossible for the Prophets.
• A) Lying → Impossible
• B) Eating food → Possible
• C) Conveying the Law revealed to them → Necessary
• D) Having leprosy → Impossible
• E) Doubting in Allah → Impossible
• F) Being handsome → Possible
• G) Being infallible → Necessary
• H) Being sick → Possible
• 21) What is the basic proof, in your own words, for Truthfulness for the Prophets?
• Miracles from Allah (SWT) are breaks from empirical norms that can be observed by the creation. It
confirms that the Prophet is telling the truth.
• Had the Prophet been lying, then the miracle sent to affirm his Prophethood would be deceitful, as
it would imply that Allah (SWT), who sent the miracle, is lying, and it is rationally impossible for Allah
(SWT) to lie.
• 22) What do we mean when we say ‘The Prophets are infallible’?
• The Prophets are protected from falling into (both major and minor) sin (i.e. haram actions) or doing
that which is disliked (i.e. makruh actions), and they have this trait before and after prophethood.
• 23) Are the Prophet commanded to convey everything Allah reveals to them? Explain
your answer.
• Not necessarily, there are three types of conveyance for the Prophets:
(1) that which they must convey because they have been commanded to do so by Allah (SWT),
(2) that which they have a choice in conveying or not conveying, and
(3) that which they have been commanded by Allah (SWT) not to convey
‘Aqida 101 Test ANSWERS: Transmitted Beliefs
• 24) What is the role of the mind when it comes to transmitted beliefs?
• The role of the ‘aql (rational mind/intellect) concerning the transmitted beliefs is affirming that they are rational
possibilities
• 25) From the hadith of Jibril, which of the six pillars of faith are transmitted beliefs?
• Out of the six pillars, three are transmitted, and they are: belief in the angels, belief in the books, & belief in the last day
• 26) Describe in your own words the difference between ‘general belief’ and ‘specific belief’ with regards to
transmitted beliefs.
• General belief is the basic acceptance of the unseen realities as they are described in the Qur’an and authentic hadith (e.g.
with regards to the revealed scriptures, the general beliefs include believing that they exist and were revealed by Allah
[SWT], that they contain the truth [at least in their original form], and that they were sent to some of the Messengers)
• Specific belief involves having some more detailed knowledge about some of the unseen realities, that comes from the
Qur’an and authentic hadith (e.g. with regards to the revealed scriptures, the specific beliefs include believing in 4 sacred
scriptures; the Qur’an, Torah, Gospel/Injil, Psalms/Zabur, [and the Suhuf/Scrolls of Ibrahim can also be included since it is
mentioned in the Qur’an])
• 27) What does belief in Qadr (Divine Decree) entail?
• Qadr is the belief that everything, good and bad, comes from Allah (SWT), and that He has knowledge over everything and
everyone, past, present and future, both in this world and the hereafter.
2.1) Authority &
Transmission of Islam:
Introduction
18/02/2022
Transmission is the Bridge Between Belief
(‘Aqida) and Action (Fiqh)
• What grounds our practice of Islam?
• Who has the right to legislate? What are the categories of Islamic legal
rulings? From where do we derive our morals and understanding of what is
right and wrong?
• How Islam has been transmitted to us today?
• Who is a scholar and what defines Islamic orthodoxy? How does one
determine qualified scholarship? How does one follow qualified scholarship?
• What are the ranks of qualified scholarship?
• How do we seek sound answers to our questions that arise concerning Islamic
practice?
The Two Foundations (‘Ilm al-Aslain)
• Scholars call the bridge between ‘aqida and fiqh “Ilm al-Aslain” (the
Two Foundations.)
• 1) Usul al-Din (Theology/ ‘Aqida i.e. the fundamentals of religion)
• 2) Usul al-Fiqh (The foundations of Islamic law; the ‘big picture’ of how
Islamic law works and is how it is understood; the framework, roots, and basis
for Islamic law, in matters of ritual worship, transactions/interactions between
other people, etc.
Learning Objectives of Module II
• 1) Know what a ‘legal judgement’ is and appreciate that it is Allah’s
exclusive right to legislate.
• 2) Understand that all moral judgements are from Allah (SWT).
• 3) Understand how Islam has been preserved and transmitted by
authorities.
• 4) Understand the meaning of following qualified scholarship, what the
Legal Schools are and how they work, and how one benefits from them.
• 5) Know the protocols of seeking answers to questions on Islamic law.
• 6) Know the different types of legal judgments.
• 7) Understand the obligation to know the ruling of Allah about a thing
before doing it.
The Relationship Between ‘Aqida and Law
• 1) Allah, whose existence is Necessary, and who is without beginning or end, who is unlike anything, free
of all needs, and who is One in His Essence, Attributes, and Actions, and who is described with absolute
power, will, knowledge, life, hearing, sight, and speech, knows what is best for His creation.
• 2) Allah sent Prophets and Messengers, aided with miracles establishing their truthfulness. These
Prophets were infallible, truthful, and conveyed everything Allah ordered them to convey to their people.
• 3) The Prophet and Messengers conveyed knowledge about Allah that can be attained through using
reason, and conveyed things that cannot be attained through reason independently (i.e. the transmitted
beliefs).
• 4) Those matters are transmitted to us, and include knowledge about unseen realities, and about morals,
ethics, lawful and unlawful, and the particular ways we carry out ritual worship and engage in transactions
with others.
• Just as we believe what Allah (SWT) and His Messenger (SAW) transmitted to us the unseen realities like Angels, Books,
and details concerning the Last Day, we believe what Allah (SWT) and His Messenger (SAW) transmitted to us about
morals, the lawful and unlawful, and the ways we carry out ritual worship and engage in transactions with others.
Judgement (Hukm)
• A judgement is defined as • Types of judgements:
‘ascription of one thing to another • 1) Rational judgement, e.g. ‘The
or negating it therefrom.’ whole is larger than the part.’
• Synonyms include: Proposition, claim, • Three types: rationally necessary,
rationally possible & rationally impossible
judgment, ascription, statement.
• 2) Empirical/scientific judgement, e.g.
• It is ascribing one thing to another, ‘The fire is hot.’
or negating one thing from another: • Based on observation of the world
• Affirmative judgement: X [is] Y around us
• Negational judgement: X [is not] Y • 3) Legal judgement, ‘Drinking alcohol

is forbidden (haram).’
• If you make a judgement/claim, • Sourced from Allah’s command, found in
then you have to justify it the Qur’an and authentic hadith
The Legal Judgement (Hukm Shar'i)
• The Legal Judgement is “Allah’s address as it relates to the actions of
those with moral accountability (Mukallafun), whether it be seeking,
permitting, or stipulating matters concerning them.”
• A person is considered legally responsible if they are sane and reach the age
of puberty (i.e. an age at which the signs of puberty manifest), and some
scholars mention the different signs of puberty. And if someone has not had
any of the signs of puberty manifest (which is very rare), then it is determined
that they have attained the age of accountability at either 15, or some say 18.
• The legal judgement does not apply to animals, but it does apply to jinn
The 5 Categories of Legal Judgements
• Anything we say or do fits into one of these 5 categories:
• 1) Obligatory (Wajib)
• 2) Recommended (Mustahabb)
• 3) Neutral (Mubah)
• 4) Disliked (Makruh)
• 5) Unlawful (Haram)
• By understanding how Islamic law works, and Allah's judgment concerning

actions, it can be used to guide your actions and behaviors.
• Something may be considered ‘neutral’ (mubah), but it can be made into something
‘recommended’ (mustahabb) with a good intention e.g. eating food to gain strength
for ibadah/worship
The Legal Judgement (Hukm Shar’i)
Seeking: Permitting: Stimulating matters:
• 1) Seeking an action that • 1) Mubah/Neutral • The ‘stipulative ruling’ is not a
must be done: prescriptive command of “Do” or
Wajib/Obligatory. “Do not”, rather it is: “Whenever
• 2) Seeking an action that is X occurs, Allah’s ruling is Y.”
encouraged: • Three categories:
Mustahabb/Recommended. • 1) Cause (e.g. travel is a cause
allowing one to break their fast)
• 3) Seeking abstinence from
• 2) Condition (e.g. wudu, is a
action that must not be done: condition of prayer, two witnesses
Haram/Unlawful are a condition for marriage)
• 4) Seeking abstinence from an • 3) Impediment (e.g disbelief is an
action that is discouraged: impediment for marriage)
Makruh/Disliked
Linking the Legal Ruling to Actions
• The legal ruling establishes the status of specific human actions
relative to specific things. It does not speak to the essence of things,
but rather relation of human actions toward them.
• When we say, “Pork is haram,” it is shorthand way of saying “Eating pork is
haram.” It is the action of eating pork which is haram.
• When we ask questions, they should be linked to actions. Instead of
asking, “Is X haram?” one should ask “Is doing X haram?”
• Although in most settings, the figurative/short-hand statement is understood,
for accuracy, it is better to mention the action linked the legal ruling.
• Also, there are 5 legal categories (obligatory, recommended, neutral,
disliked, unlawful), not 2. Many think in binary terms of ‘Islamic’ &
‘Unislamic’, or ‘Halal’ & ‘Haram,’ but this is inaccurate.
The Source of Morality
• (This is a complex theological topic that is simplified here.)
• Allah (SWT) is free of all needs. He does not seek to acquire benefits. There's nothing that
benefits Allah (SWT) that he has to seek after. And there are no harms or negative
consequences that he has to ward off from himself. Because Allah (SWT) is free, He is
independent. And everything else is in need of him. What this means is that Allah (SWT)
alone determines morality.
• What we call “good” and what we call “bad” is considered as such because Allah (SWT) judged and
decreed it as “good” or “bad.”
• This means there is nothing in the realm of human actions that we can say is “innately good”
in its essence, or “innately bad” in its essence, independent of Allah (SWT) making it so.
• There are a lot of reasons for this, and a lot of problems associated with misunderstanding this issue.
For example, if you say that something is good independent of Allah (SWT) or that something is bad
independent of Allah (SWT), then it implies that it the thing does not require a Maker that ruled it as
good or bad, and that it has its own authority over Allah's Actions and Judgements. And this is a big
problem theologically.
• It is Allah (SWT) that determines what is “good” and what is “bad,” and our human
reason alone cannot determine the goodness or badness of something on its own.
• The rational mind (‘aql) is not independent in determining absolute good and absolute bad. We
need guidance to tell us which actions are moral and rewardable, and which are immoral and
incur punishment.
• There are definitely social, medical, and mental/psychological benefits that the
Shariah brings with the moral code that we are ordered to adhere to, but the human
intellect alone cannot determine absolute moral value independent of revealed law.
• The mind can determine relative moral value (e.g. “I want this, and I don't want it to be taken from
me,” “I want to survive,” “I wouldn't want that to happen.”) But the mind cannot determine
absolute moral value.
• The human mind does not establish what is absolute morality, otherwise there might
be problems, for example, if the mind conflicts with the law. Such conflicts would
make it difficult to determine who or what has authority for decreeing moral norms.
But it is the Creator who decides, and He is the one who establishes the moral norm.
• You may think that, “I know that it’ll be ‘bad’ for me to drown,” or “I know it would
be bad/good for me to do X.” We affirm these obvious things, but we must realised
that it is based on a number of other factors.
• Absent of a divine legal judgement, actions/situations are judged as “good” or
“bad” based on other factors:
• a) External factors (e.g. “It’s good that I survive”, “It's good that someone doesn’t kill me,” “It's
good that I'm able to have food, “It’s good that my family is safe,” etc.)
• b) Our own natural human inclinations/human instincts to survive
• c) Personal desires/motives (e.g. “I want X and not Y”)
• d) Found to be conducive to one’s society or social group (i.e. we find some behaviors are more
likely to result in building a flourishing society, while other behaviors are at odds with this)
• We have intellect to determine such things, but those things do not confer a moral
judgment independent of Allah (SWT) declaring them.
• There is no sound appeal to morality outside of Allah (SWT.)
Exercise about morality: Why is Stealing Immoral?
• Rule for this exercise: Provide answers to the prompt, “Why is stealing immoral?”
without appealing to the Divine (i.e. you cannot say “Because Allah [SWT] says it is
immoral.”)
• Some possible responses:

• It causes unfairness and inequality
• It causes people resent others, and they may retaliate
• It can cause distrust or conflict
• It could escalate into a tense or even violent situation
• It may cause serious harm and/or hardship (physical, financial or emotional)
• It could encourage more stealing or criminal activity
• Society says stealing is wrong, and there are laws against stealing
• Personal moral ethics (the golden rule: ‘Do unto others as you would have them do unto you’)
Exercise about morality: Why is Stealing Immoral?
• Let us consider these responses, and reason with them:
• “It causes unfairness and inequality.” → Why is it wrong for there to be unfairness and inequality?
• “It causes people resent others, and they may retaliate.” → Why is it wrong for people not to get along?
What is wrong with retaliating?
• “It can cause distrust or conflict.” → What is wrong about distrust and conflict?
• “It could escalate into a tense or even violent situation.” → Why are tense/violent situations wrong?
• “It may cause serious harm and/or hardship.” → What is wrong with harming or causing hardship to others?
• “It could encourage more stealing or criminal activity.” → Why is wrong if there is more stealing or criminal
activity?
• “Society says stealing is wrong, and there are laws against stealing.” → Does society decide what is moral?
Does society ever pass laws which are considered immoral (to some people)?
• Personal moral ethics (the golden rule: ‘Do unto others as you would have them do unto you.’) → What if
someone does not have these ethics?
• As shown, each of the responses lead to a deeper question regarding why such a situation is
wrong, or regarding who is the authority that determines ethics. Thus, the only true argument for
why steal is immoral is that Allah (SWT) ruled that theft is immoral. Without a belief in God, you
cannot ground your morality.
False Appeals (used as Sources of Morality)
Those who do not believe in God may provide (false) • 4) Utilitarianism/Consequentialism --- “If you
arguments to other things they use as a source of steal, and others started stealing, then that would
their morality, such as: lead to disharmony in society, would could lead to
chaos, rioting or even anarchy.”
• 1) Feelings --- “You wouldn’t like it if someone
stole from you, so that is what makes stealing • 5) Golden rule --- “Do unto others as you would
wrong.” While this is true, by that logic, you could have them do unto you.”
still steal from someone else (first,) so this does
• 6) Discomfort --- “This causes me or others to feel
not prove why stealing is wrong.
uncomfortable, so it must be wrong.”
• 2) Intuition --- “My gut feeling tells me it’s wrong.”
Each of these appeals have their own point, but none
But what if someone does not have a moral
of them, on their own, that something is moral or
conscious?
immoral. There has to be an ultimate judge to
• 3) Social contract --- “Society says it is wrong.” determine what is right and wrong in the big picture,
Societies in the past have allowed many atrocious and not just our own narrow-minded limited interests
things to occur which we now consider immoral. and inclinations that we want or don’t want for
And some societies do not allow things which they ourselves. And this ultimate judge is Allah (SWT.)
consider to be ‘bad,’ whereas they are not
considered bad to Muslims.
Those who don’t believe in God do not have a
purely original standard to judge morality
• There are people (atheists and agnostics) who say, “I don't need religion to know not
to steal from people. I don't need religion to be a moral person. Religion is for weak-
minded people who have to use religion as a crutch, and tell you not to be a bad
person.” But in that case, what do they mean by “moral”? What makes something
moral, and what makes something immoral? What is the standard against which they
are judging? And what authority do they get to make a judgement?
• The simplified answer to this is to ask: “What is the standard you use to determine or
judge yourself as a good moral person.” Their moral standard can only be:
• 1) A moral standard which they have created for themselves.
• 2) An existing moral standard, such as Christianity or Islam.
• 3) A legal or judicial standard, which they mistake for a moral standard.
• 4) They are self-deceived into thinking they are moral (‘I am good because I am good.’)
• 5) They are lying about conforming to any standard.
• The majority of atheists/agnostics are just using a moral standard which
their society has already determined to be moral.
• In America, what the majority of the society has determined as moral or immoral
since the inception of the United States has been based on Christian morals (which is
largely in agreement with Islamic morals.) So America’s morals are just based off of
the pre-existing moral framework in the society, but they mistakenly believe that this
is just intuitive. They think they figured it out on their own, and that it does not come
from an external source.
• Similarly, there may be atheists/agnostics living in Muslim countries that observe
certain moral norms in the society that are just basics of deen and basic adab
(manners), and they think that they independently attained those morals, when
really, they just adapted it from having lived in that society.
• Some atheists/agnostics may consider themselves to be good by some legal or judicial standards
which they have mistaken for a moral standard. Such a person would say, “I am good and moral,
because I follow the law the law of the land.” But this argument doesn't really work because the
law of the land is either something based on a pre-existing moral framework (which often is based
on ethical ideas within Christianity, which then became common law), or it is something that was
voted in and adopted. And laws of a state or country can change. In history, there were laws which
existed that disenfranchised certain people, and majority of the people of that time considered
themselves moral, but such laws have been changed as they are now considered immoral.
• Some people may be self-deceived into thinking that they're moral. They say, “I'm good because I
am good.” They don’t bother defining what ‘good’ is, or they're just lying about conforming to any
standard. Most atheists and agnostics who say this are really just following the dominant ethics and
moral norms in Western society, (such as “do not steal,” “do not murder,” etc.) and these were all
originally based on Christianity. So ultimately, they are following the moral norms of Christianity
that became the foundation of the law of the land.
The Shariah is Above Everyone
• The Shariah (Sacred Law) is above everyone. It is above everyone doesn't matter
who the person is, or how pious they are. The Sacred Law revealed in the Qur’an
and within the Sunna, and established through scholarly consensus, is above
everyone.
• Every single thing we do, no matter who we, are has to be weighed in the scale of
Shariah. We are going to fall short because we're human beings, and we have
desires, and whisperings of Shaytan. So we don't always do the right thing. But
everything has to be weighed in the scale of Shariah.
• Just because a particular practice is popular in a particular culture, that will not
trump the Shariah ruling. And if people prefer their culture over the ruling of
Shariah, then this is between them and Allah (SWT.) And we advise them – we
command the good forbid the evil in the best way.
2.2) Authority &
Transmission of Islam:
Scholarly Authority in Islam
25/2/2022
Learning Objectives
• 1) Establish that there are authorities in the transmission and
interpretation of legal rulings in Islam
• 2) Understand the role of Ijtihad and the conditions of the Mujtahid
• 3) Learn the basic reasons for differences among the Mujtahids
Authorities in Transmission
• Islam is not a religion of anarchy. Islam is not a • Names given to the authorities:
free-for-all, where people get to construct their • Ulu al-Amr: the People of the
own understanding of Islam and present it as some Command (mentioned in the Qur’an)
valid interpretation. There are authorities. • Ahl al-Istinbat: Those who extract
and derive Law (mentioned in the
• Allah (SWT) has taken it upon himself to preserve Qur’an)
this religion: “Verily We have sent down the • Ahl al-Dhikr: The People of the
reminder, and indeed We shall preserve it.” Reminder (mentioned in the Qur’an)
• The Prophet Muhammad (SAW) was and is the • Mujtahids: Scholars who exert effort
embodiment of Islam. He transmitted Islam (mentioned in the hadith)
through his words, actions, and approvals. He left • (Do not worry too much about
behind heirs of transmission, who we call ‘Ulama these Arabic terms, they are
(Scholars). mentioned so that you are familiar
• There are authorities in matters of Deen, for both with them, but it is not imperative
transmission and interpretation. to memorize them)
Ulu al-Amr: The People of the Command
• The authority of qualified scholars derives from the command of Allah (SWT) and His
Messenger (SAW): “O you who believe! Obey Allah, obey the Messenger, and those in
authority among you.” [21:07]
• This ayah uses the Arabic expression, Ulu al-Amr, which means “People of the Command.”
They have authority.
• Could be interpreted as “the people of political authority” but it is also interpreted as “the people of the
command in religious matters.”
• They are tasked with educating and delivering legal verdicts and guiding the community.
• The tafsir of the verse, Ulu al-Amr refers to the Khalifa/Sultan of the Muslims, or the ‘ulama. And the
word for ‘obey’ does not occur for the third time before mentioning the Ulu al-Amr. So the ‘ulama derive
from this that any obedience that you render from the sultan has to be consistent with being obedient
to Allah (SWT) and His Messenger (SAW.) So obedience to the Ulu al-Amr is secondary, and obedience to
Allah (SWT) and His Messenger (SAW) is primary.
• There is no obedience to the creation and disobedience to the Creator. Obedience is only to that which is wholesome
and good, and there is no obedience to that which is harmful/destructive and goes against our moral conscious or
violates the rights of other people. This verse is not used to say that you should be subservient to a tyrant ruler.
Ahl al-Istinbat: Those Who Extract and Derive Law
• They have the right to derive rulings and make judgements in the
absence of the Messenger (SAW): “When news of any matter reaches
them, they spread it about, whether it is of a reassuring or disquieting
nature. If only they had referred it to the Messenger and those in
authority among them, those among them able to derive the truth
about it would have had proper knowledge of it.” [4:83]
Ahl al-Dhikr: The People of the Reminder
• Allah (SWT) commands us to ask them when we do not know the
answer to a question, “Ask the People of Knowledge if you do not
know.”
• It is the consensus of scholars that this verse commands the one who
does not know a ruling in the Shariah to follow someone who does.
Virtually all scholars use this verse as their principal evidence that it is
obligatory for the ordinary person to follow qualified scholarship.
Mujtahids: Scholars who Exert Effort
• Mu’adh ibn Jabal (RA) was a sahabi and he was one of about seven or eight companions
who would give fatwa in Madinah. (Not all the sahaba were scholars. The people of
fatwa [i.e. those who were learned enough to issue rulings] among the sahaba were no
more than seven to nine people.)
• When the Messenger of Allah (SAW) prepared to send Mu’adh b. Jabal to Yemen, the
Prophet (SAW) asked Mu’adh, “How will you answer if an issue arises and your
judgement is sought?” Mu’adh replied, “I will judge according to the Book of Allah.” Then
the Prophet (SAW) asked, “And if you do not find the answer in the Book of Allah?”
Mu’adh responded, “I will look in the Sunna of the Messenger of Allah.” Then the
Prophet (SAW) asked, “So if you do not find it in the Sunna of the Messenger of Allah and
the Book of Allah, how will you judge?” Mu’adh replied, “Then I will judge according to
my opinion and exert the utmost effort (i.e. ijtihad).” The Prophet (SAW) patted Mu’adh’s
chest and said to him, “Praise be to Allah who caused the emissary of the Messenger of
Allah to agree with that which pleases the Messenger of Allah.” (al-Tirmidhi)
Ijtihad
• Ijtihad is defined as: ‫الم ْج ُھ ْ َد‬ ‫ل‬ ‫ذ‬
ْ ‫ب‬ ‫ع‬
ِ ‫س‬َ ‫ل‬ْ ‫ا‬ ‫غ‬
ُ ‫ر‬
‫ا‬ ‫ف‬
ْ ِ ‫“ – ِاس‬expending every possible effort” so as to reach a legal
‫ت‬
َ ُ َ or ُْ ْ
judgement. Thus, ijtihad is not just one of juristic effort or exertion, but one of exhaustion!
• This is not just a passing study, such as looking up something out of curiosity. It is expending an effort and exhausting oneself
to arrive at a sound understanding, particularly in an issue that doesn't have an explicit answer.
• In our times, ijtihad is required mainly for applying the principles of the shariah to new issues e.g. cryptocurrency, new medical
procedures.
• The Mujtahid spends every possible effort in order to arrive at a ruling. The task of the Mujtahid is to uncover
the intent of the Lawgiver – the murad al-shari’.
• The Mujtahid looks for what they believe to be the ruling of Allah (SWT) in a particular matter, by trying to discover the intent
of Allah (SWT) for that matter.
• A Mujtahid is only capable of such juristic efforts after receiving rigorous and prolonged legal training.
• In our Islamic history, many of the ‘ulama describe degrees of Mujtahids, and they say that the vast majority of (legitimate)
‘ulama today are actually at the lowest level – a Mujtahid who is issuing rulings based on a foundation already established
before them.
• A Mujtahid is an expert in matters of Islamic law.
• It is not obligatory for everyone to follow a particular ijtihad made by a mujtahid, people can chose to follow a different ijtihad
made by another mujtahid. As a layman, it is your responsibility to follow qualified scholarship, not to perform ijtihad yourself.
Conditions of Ijtihad
There are requirements for a person to reach the level of expertise where they can be considered a
Mujtahid (i.e. someone who can issue rulings directly from the Qur’an and Sunna):
• 1) Maturity (bulugh)
• 2) Sanity (‘aql)
• 3) Integrity (‘adala)
• A Mujtahid cannot be a corrupt person. They can't be a corrupt person. If they are someone who openly lies,
violates sharia, commits major sins or persist openly in minor sins, then they lose their integrity, and people
cannot trust whether or not they are giving a sound ruling.
• 4) Knowledge of the Qur’an (particularly, verses related to rulings; abrogation, general application
versus specificity; absoluteness versus restricted; circumstances of revelation, etc.)
• Several scholars extracted around 500 verses of the Qur’an, that they considered to be verses that described
legal rulings. But it is possible for law to be extracted beyond this 500.
• It needs to be easy for the Mujtahid to know where and how to look up sources regarding a particular topic.
Even if they are not a hafidh of the Qur’an, they are very familiar with it
• They also have to know the detailed meanings of the verses, and the circumstances of their revelation
• 5) Knowledge of the Sunna (Jami’ collections, Sunan, Masanid, Musannafat; differentiate
between sound and unsound; biographical data on narrators, narrator criticism, etc.)
• A Mujtahid has knowledge beyond just the 6 famous books of hadith. They may not have memorized
books of ahadith, but they are familiar enough with them that they can find what they need to find to
arrive at a conclusion for a particular matter.
• A Mujtahid is able to differentiate the grading of the ahadith (sahih, hassan, da’if) and the relative
grades in between
• A Mujtahid has to know the biographies of the narrators, and the relative integrity (or lack of integrity)
within these narrators, to help them determine if a hadith is sound or not
• 6) Scholarly consensus (Ijma’)
• A Mujtahid cannot make a decision which goes against the consensus, so they must know the general
consensus of the scholars throughout history, so that whatever ruling they give is not in conflict with
what the ummah has already united upon as a consensus
• 7) Arabic language (grammar, morphology, rhetoric)
• A Mujtahid must have mastery of the Arabic language, not just a surface level understanding. They
need to understand the speech of Allah (SWT) and the speech of the Prophet (SAW), as it is
properly understood.
• One of the reasons for the majority of people's misunderstandings in matters of sharia is because
of their ignorance of the Arabic language, and this does not only apply to Muslims who do not
speak Arabic as their first language, but also Arab-speaking people who make basic errors in Arabic
and these leads them to misinterpret verses of the Qur’an and hadith.
• 8) Usul al-Fiqh
• A Mujtahid must know the science of legal theory, and the fundamentals of how law is derived in
the first place. It is important to understand the nuances of Arabic language to correctly
understand the texts of fiqh.
(in understanding the language used in books of fiqh)
• 1) Literal and figurative language and their • 7) Restricted texts (Muqayyad)
various types (Haqiqa and Majaz) • 8) Apparent texts (Zahir)
• 2) Articulated and implied proofs and their
• 9) Non-apparent texts (Mu’awwal)
various types (Mantuq and Mafhum)
• 10) Abrogation and its types (Naskh)
• 3) The expressions used for commands and
prohibitions (Amr and Nahy) • 11) Mass-transmitted reports versus singular transmitted
reports (Mutawatir and Ahad)
• 4) General texts (‘Am) and their wordings
• 12) Conditions of consensus (Ijma’) and its types.
• 5) Qualifying texts and their types and wordings
(Khass, Mukhassisat al-‘Umum) • 13) Legal analogy (Qiyas) and its types and conditions
• Some texts are general, but they are qualified by • 14) Legal proofs that are differed over among the Usulis:
other texts. So if you're not aware of the qualifying
text, and you're only aware of the general text, and • Presumption of continuity (Istishab)
you build a ruling on the general text without • The statement of a Companion
considering the qualifying text, then the ruling • Unarticulated benefits (al-Masalih al-Mursala)
itself will not be accurate.
• Law of those before us
• 6) Unrestricted texts (Mutlaq) • Collective actions of the People of Medina
This meme demonstrates the very high level of the mujtahid. Ordinary • The rank of a Mujtahid is binary:
unlearned people don't have the authority and the permission of Allah either you are a Mujtahid, or you are
(SWT) and His Messenger to speak about matters of Shariah without not. (And within the Mujtahids there
proper qualification: are also different ranks.) So if you
are not a Mujtahid (of even the
lowest rank,) then automatically, you
are non-Mujtahid.
• Non-Mujtahids do have a specific role
to play that is fard ‘ayn for them. And
Mujtahids also have a specific role
that is fard ‘ayn for them to apply.
• It is good to recognize that we are
not Mujtahids, because anyone who
(wrongfully) believes they have the
qualities of the Mujtahid can be
tested by people who have the skills
to ascertain the legitimacy of such a
claim. And anyone who is humble
and recognizes they don't have those
qualifications still has a particular
role to play as a non-Mujtahid.
The danger of seeking answers/rulings
yourself (as a non-Mujtahid)
• Many people hold this incorrect notion that you should go directly to the Qur’an and books of
hadith and analyze them and figure out who's the most correct on your own.
• This is an insane approach. It is incredibly reckless. And it can be said that it is the single most significant cause
for religious anarchy, extremism, and undermining the structures of Shariah. And this is something that has
wrought incredible damage to the ummah of the Prophet (SAW.)
• The ulama describe this issue in different ways - some of them say that this undermining is the
most dangerous innovation (bid’ah) that threatens the Shariah, and others say that it is the bridge
that takes one into infidelity.
• If anyone can take matters into their own hands, then there is no longer 4 legal madhahib, and everyone
becomes their own madhab. This is a cause for disunity.
• The Messenger of Allah (SAW) ordered us to put people in their proper places. So if a person is a
Mujtahid, we recognize that. If they are a scholar who is transmitting from the Mujtahids but is
not a Mujtahid themselves, then we recognize that. And if we are not a scholar nor a Mujtahid,
then we are a lay person. The point is that we have to recognize that people occupy various ranks.
• Knowing your rank means that you know the role you have to play, and what is and what is not your job.
Nature of Legal Texts in the Qur’an and Sunna
• Not all hadith and verses of the Qur’an that speak about legal matters
are the same in terms of their transmission and interpretation.
• Muslims are in agreement that we have arrived at the rulings of the
Shariah through evidence that is either “unquestionably established
transmission” (Qat’i al-Wurud) or “probabilistically established
transmission” (Zanni al-Wurud).
• The ‘evidentiary value’ of these texts, whether the former or the
latter, are either “unquestionable as evidence” (Qat’i al-Dilala), or
“probabilistic as evidence” (Zanni al-Dilala).
Transmission
• QAT’I AL-WURUD/EXPLICIT TRANSMISSION: the manner in which it has
reached us is unequivocal and explicit.
• 1) The Chapters of the Qur’an, all of its verses.
• The Qur’an is unquestionably established in its transmission.
• 2) All of the hadith that have reached us by so many channels of transmission that
belief in them is obligatory (Mutawatir), for they have reached us by numerous means,
by generation to generation, such that it is impossible that the various channels could
have all conspired to fabricate them.
• ZANNI AL-WURUD/PROBABILISTIC TRANSMISSION: the manner in which it
has reached us is probabilistic – there is a spectrum, it is not as explicit as
other texts. (We may be certain of them, but not at the same level as
something which is Qat’i al-Wurud.)
• 1) All other narrations (Ahad – a continuum based on the relative strength of the
narration.)
Indication
• QAT’I AL-DILALA/EXPLICIT INDICATION:
• A plain text that does not admit more than one meaning, which no mind can
interpret beyond its one meaning, and which there is no possibility to construe in
terms other than its apparent sense.
• Examples: fundamentals of ‘aqida, salat, zakat, fasting—there is no room for
disagreement over any of these, nor have any disagreements been heard from the
Imams. (Scholars may differ over the minor details of the action, but not about the
action itself.)
• ZANNI AL-DILALA/PROBABILISTIC INDICATION:
• A text that can bear more than one meaning, whether because it has a word that
can (a) linguistically have two different meanings, or (b) because it is made by way of
figure of speech or metaphor, or (c) because it can be interpreted in other than its
apparent sense in the context without it contradicting the intent of Allah (SWT). This
is where we find the bulk of the differences of opinion among the Mujtahid Imams.
Overview
• Wurud (transmission) is about how the narration reached us.
• Qat’i (explicit) for the Qur’an, and mass-transmitted ahadith, where there are numerous legitimate
narrators (to the extent where they could not have conspired together to fabricate such a report)
• Zanni (probabilistic) for all other hadith narrations, where there is a spectrum regarding the
authenticity of the report.
• Dilala (indication) is about whether the Qur’anic verse or hadith has only one
unquestionable meaning (qat’i/explicit), or if there are multiple interpretations
(zanni/probabilistic)
• Four possibilities:
• 1) Qat’i al-Wurud (explicit transmission) + Qat’i al-Dilala (explicit indication)
• 2) Qat’i al-Wurud (explicit transmission) + Zanni al-Dilala (probabilistic indication)
• 3) Zanni al-Wurud (probabilistic transmission) + Qat’i al-Dilala (explicit indication)
• 4) Zanni al-Wurud (probabilistic transmission) + Zanni al-Dilala (probabilistic indication)
Examples
• The prohibition of drinking alcohol → Qat’i al-Wurud (explicit transmission) +
Qat’i al-Dilala (explicit indication)
• Mentioned in the Qur’an (explicit transmission) and has no other interpretation
(explicit indication.)
• Divorced women maintain an ‘idda (waiting period) based on the verse
[2:228]: ‫َنف ِس ِه َّن َثَلـٰثَ َة ُق ُروء‬
ُ ‫ص َن ِبأ‬ ِّ
‫ر‬
َّ
ْ ََ ‫ت‬
َ ‫ي‬ ‫ت‬
ُ ‫ـ‬
ٰ‫ق‬َ َّ‫ط‬
‫ل‬ َ ‫ → َوٱْل ُم‬Qat’i al-Wurud (explicit
transmission) + Zanni al-Dilala (probabilistic indication)
• Mentioned in the Qur’an (explicit transmission), contains a word that has two
interpretations (probabilistic indication.)
• The word ‫( ُق ُروء‬quru’) carries two possible meanings in Arabic: ‘menstruation’ and
‘purity.’ The Hanafis and Hanbalis hold it to mean ‘menstruation’ (i.e. ‘idda is for 3
menstrual cycles), and the Malikis and Shafi’is hold it to mean ‘purity’ (i.e. ‘idda is for 3
periods of purity after menstrual cycles.)
Examples
• “Commerce is only valid with mutual acceptance.” (Hadith reported in Ibn Majah) → Zanni
al-Wurud (probabilistic transmission) + Qat’i al-Dilala (explicit indication.)
• It is a hadith ahad – its transmission has been through only a single route of transmission
(probabilistic transmission.) So we can affirm it, but it does not have the same level of certitude as a
mass-transmitted hadith.
• This hadith is sound, and its meaning is explicit (i.e. explicit indication). It means that; for a sale to be
valid, there has to be mutual consent between the buyer and the seller (i.e. you cannot force
someone to buy something, and you cannot force someone to sell something.)
• Fasting six days from Shawwal is as if you fasted the entire year → Zanni al-Wurud
(probabilistic transmission) + Zanni al-Dilala (probabilistic indication.)
• It is a hadith ahad – its transmission has been through only a single route of transmission
(probabilistic transmission.) So we can affirm it, but it does not have the same level of certitude as a
mass-transmitted hadith.
• Multiple interpretations (probabilistic indication): do you fast 6 days in Shawwal, or starting from
Shawwal (i.e. any day post-Ramadan, because Eid al-Adha is 1st Shawwal)?
Scope of Ijtihad
• Considering the role of the Mujtahid with regard to these categories:
• 1) Qat’i al-Wurud (explicit transmission) + Qat’i al-Dilala (explicit indication),
such as verses of the Qur’an or Mutawatir hadith whose meaning is univalent,
leaving no room for interpretation → there is no Ijtihad.
• 2) Qat’i al-Wurud (explicit transmission) + Zanni al-Dilala (probabilistic
indication), such as verses of the Qur’an or Mutawatir hadith whose meaning
is multivalent, leaving room for interpretation → there can be Ijtihad in
interpretation.
• 3) Zanni al-Wurud (probabilistic transmission) + Qat’i al-Dilala (explicit
indication), such as ahad hadith whose meaning is univalent leaving no room
for interpretation → there is no Ijtihad.
• 4) Zanni al-Wurud (probabilistic transmission) + Zanni al-Dilala (probabilistic
indication), such as ahad hadith whose meaning is multivalent leaving room
for interpretation → there can be Ijtihad in interpretation.
Application
Even if there is agreement that a source and its meaning are valid (including that which has Qat’i al-Wurud
[explicit transmission] + Qat’i al-Dilala [explicit indication]), there may still be legitimate disagreement among
Mujtahids on how it is applied.
Example 1: “On the day of Al-Ahzab, • A large group of sahaba going to Banu Qurayza. As they are
the Prophet (SAW) said, ‘None of you walking the day is getting late and ‘Asr time getting further
Muslims) should offer the Asr prayer delayed, and they're afraid they're going to miss it. So one group
but at Banu Qurayza's place.’ The Asr of them decide they are going to pray it on the road, as they
prayer became due for some of them interpreted the Prophet’s command as an encouragement for
on the way. Some of those said, ‘We them to hurry to get to the Banu Qurayza, so instead of missing
will not offer it till we reach it, the ‘Asr, they decided to pray it. The other group thought they should
place of Banu Qurayza,’ while some follow the Prophet’s command literally, and only pray once they
others said, ‘No, we will pray at this reach the Banu Qurayza, even if the time for ‘Asr has passed.
spot, for the Prophet (SAW) did not Which group had the correct understanding? Both are valid, as
mean that for us.’ Later on, it was the Prophet (SAW) did not berate either group.
mentioned to the Prophet (SAW) and
• Our legal tradition represents these two trends – some scholars
he did not berate any of the two
consider the rationale behind the matter/statement, whereas
groups.” (Bukhari)
others consider the literal meaning.
Application
Even if there is agreement that a source and its meaning are valid (including that which has
Qat’i al-Wurud [explicit transmission] + Qat’i al-Dilala [explicit indication]), there may still
be legitimate disagreement among Mujtahids on how it is applied.
Example 2: “Whoever fasts the month of Ramadan and then follows it with six days of fasting
in/from the month of Shawwal, it will be as if he has fasted for the entire year.” (Muslim)
• The cause for the difference in opinion is the use of the Arabic word ‫‘( من‬min’), which has
the meaning of the word ‘of’ or ‘starting from.’
• Opinion of Imam Malik: Fasting six days ‘starting from Shawwal’ i.e. any time post-
Ramadan, until the next Ramadan.
• Opinion of Imam al-Shafi’i and others: Fasting six days ‘in the month of Shawwal’.
2.3) Authority & Transmission
of Islam: Role of Non-Mujtahid
(Common Muslim)
4/3/2022
Learning Objectives
• 1) Establish that legitimate differences of opinion in Islamic law are a
mercy.
• 2) Know the duty of the non-Mujtahid when it comes to Islamic law.
• 3) Learn the scriptural and rational basis for following qualified
scholarship (taqlid).
• 4) Know the difference between taqlid in ‘Aqida (“blind-conformism”)
and taqlid in Fiqh (“following qualified scholarship”).
• 5) Address common objections and misunderstandings.
• 6) Know how to practically approach learning Fiqh.
Your knowledge of the scope of fiqh rulings
may depend on your circumstance
• If you are born and raised in a small rural • Does this person from the village follow a
village, and you live your whole life there, madhab?
then you may not have seen many • Yes and no. It depends on what the meaning.
variations in how people pray and do • This person does follow a madhab in the sense that
different things Islamically. being in that village limits them to asking the trained
Mufti in their locality. So their madhab is that of the
• But then, if you were to travel to a big city, Mufti who taught them, in a general sense.
you encounter people of many different • However, the person does not follow a madhab from
ethnicities from many different places, and the perspective of scholarly training and adopting
you now see they have different ways of the framework of a particular madhab. The person
praying and doing things. has learnt the basics of how to make wudu, pray, fast
etc. through the knowledge they received from their
• For someone who only grew up seeing one parents, and from what their Mufti has told them.
way of doing things, they may not But since the person has not learnt fiqh in a formal
understand why these differences exist, or way, they do not really follow a particular madhab.
how to deal with them.
Recognising that there are (legitimate)
differences between the madhahib
• If you come from a place where people only follow one madhab, it is
possible that that you may object to methods of other madhabs, until you
know how the madhahib work.
• When such a person sees a (legitimate) different way of doing things, they think,
“This is absolutely haram and wrong. This person doesn't know what they're doing.
They don’t know how to pray salah. etc.”
• This person may have learnt from one madhab, but there are unaware of the
legitimate differences of opinion with performing acts of worship, which may be
preferred or not preferred by different schools of fiqh for various reasons.
• So if you do something one way, and they do it another way, you can't correct the
other person and say they're wrong if there's a legitimate difference of opinion.
(Unless the action is something for which there is an ijma’ [consensus] that is wrong,
in which case, you can advise and correct them.)
(Legitimate) differences in rulings are a mercy
• The hadith about praying ‘Asr at Banu Qurayza demonstrates differences of opinion in matters of
law are a natural outcome of applying logic and language to law.
• The hadith is: “On the day of Al-Ahzab, the Prophet (SAW) said, ‘None of you Muslims) should offer the Asr
prayer but at Banu Qurayza's place.’ The Asr prayer became due for some of them on the way. Some of those
said, ‘We will not offer it till we reach it, the place of Banu Qurayza,’ while some others said, ‘No, we will pray at
this spot, for the Prophet (SAW) did not mean that for us.’ Later on, it was mentioned to the Prophet (SAW) and
he did not berate any of the two groups.” (Bukhari)
• Quotes from some scholars about how the differences in Islamic law are a mercy (rahma):
• “The differences among the Companions of Muhammad (Allah bless him and give him peace) are a mercy for
Allah's servants.” –Qasim b. Muhammad b. Abi Bakr al-Siddiq (al-Bayhaqi, al-Madhkhal)
• “The differences among the Companions are a mercy for Allah’s servants.” –Imam Malik (Ibn al-Subki, Tabaqat
al-Shafi’iyya)
• “It would not please me more if the Companions of Muhammad (Allah bless him and give him peace) did not
differ among them, because had they not differed, there would be no leeway (for us).” –‘Umar b. ‘Abd al-‘Aziz
(al-Bayhaqi, al-Madkhal)
• “Difference of opinion in the Community is a token of divine mercy.”—Imam Abu Hanifa (al-Fiqh al-Akbar)
• Legitimate differences in law are based on ijtihad about those things which are not explicit and
subject to interpretation.
Is every Mujtahid correct?
• In areas of disagreement, the truth • However, errors are excused in “legitimate” areas of
with Allah (SWT) is only one, That is, disagreement, not because these errors were also
even in “legitimate” areas of intended by the Lawgiver, but because the person
disagreement amongst the jurists, the following the “erroneous view” applied his efforts to find
truth in the Shariah is only one and the the Lawgiver’s intent in matters that are not absolutely
intent of the Lawgiver is only one. and categorically clear in the scriptural texts. Hence, the
• It is not the case that every Mujtahid is disagreements are due to differences in understanding
correct. If there are two opinions which (ikhtilaf al-anzar), not due to an intrinsic disagreement or
cannot both be correct, then the truth discrepancy in the Shariah itself.
exists in one of them.
• Both mujtahids are doing their best and exercising ijtihad. And
• Even though the truth is one, as a non- each one may think the other is wrong, but they are excused
Mujtahid, you are not responsible for because they are doing their ijtihad. The mujtahid makes their
having certainty (yaqeen) about which best attempt at uncovering the intent of the Lawgiver (i.e. Allah
one is 100% correct, because you don’t [SWT].) And since the disagreement arises from matters which
have the means to ascertain that. are speculative (i.e. matters of interpretation and judgement),
the differences are considered a mercy.
Is every Mujtahid correct?
• The Prophet (SAW) said that when the Mujtahid exerts his effort to make a judgment and he is
correct, he receives two rewards, but if he errs in his judgment, he still receives one reward.
• Because of this, some ‘ulama state that if you're not a mujtahid, and you do ijtihad, you get a sin even if
you're right, because you are going beyond your role.
• Imam Shafi’i: “I deem it correct but it does bear the possibility of being incorrect. And the
statement of the other person is a mistake/incorrect, but it bears the possibility of being correct.”
• There are entire books written about why the Imams differed, and they show that it is the natural
result of applying language and logic in their best efforts to discover what they believe is the
intent of the Law-giver, and they are all accepted from that perspective. And there is no
condemning people in matters where there are legitimate differences of opinion among the
jurists.
A particular ijtihad cannot be imposed
• The differences in understanding (ikhtilaf al-anzar) cannot be reconciled without
revelation, and so no one can uncover the actual truth in our times. And no one
can force one position to be truth, and claim the others are wrong.
• Imam Malik compiled the Muwatta and had his school of law. The khalifa, Harun
al-Rashid, wanted to use the Muwatta as the standard book of law for judges in
the entire empire of Islam. Imam Malik disapproved of this. He argued that the
sahaba travelled they went to different cities they had different views, and that
you cannot impose one specific legal interpretation over everyone and disregard
these legitimate differences of opinion.
The Duty of the Non-Mujtahid
• The duty of the non-Mujtahid is to ‘follow qualified scholarship’ (Arabic: taqlid).
• The non-specialist is not tasked with ‘re-creating the wheel’ and weighing and analyzing
proofs. ‘Qualified scholarship’ is represented by scholars who have studied law in a
proper organized, codified way, as preserved by one of the four extant legal schools in
Sunni Islam (i.e. School of Abu Hanifa [Hanifi madhab], School of Imam Malik [Maliki
madhab], School of Imam Shafi’i [Shafi’i madhab], School of Imam Ahmed ibn Hanbal
[Hanbali madhab]).
• It is NOT the duty of every single Muslim, who does not have the tools of ijtihad, to reconstruct
their own way of understanding the commands of Allah (SWT) and His Prophet (SAW) in intricate
detailed matters of law.
• Note that there were many other legal schools that existed before, during and even after the 4
predominant legal schools, but none of them survived until the present day. They all died out for
various reasons. Usually, it was because the students of that school did not organize the collective
body of work of that scholar, so the actual methodology and rulings they were not adequately
preserved. Or because the majority of the rulings were incorporated into another school.
Meaning of ‘Taqlid’ depends on context
• Taqlid: “Accepting the view of someone without a proof.” –Imam al-Ghazali (al-Mustasfa)
• Taqlid in ‘Aqida: Accepting the view of someone in matters of belief without proof. This
is prohibited because in matters of belief there must be certainty.
• In ‘aqida, taqlid is blameworthy (known as ‘blind conformism’), as you cannot outsource your intellect
to someone else in matters as basic as the existence of Allah (SWT). But in law, taqlid is not
blameworthy. In fact, it is required.
• Taqlid in Fiqh (Law): The non-Mujtahid accepting a legal ruling from a qualified scholar
without questioning his textual proof or juristic reasoning.
• The vast majority of Fiqh covers speculative matters of Islamic law (Zanni) which fall below the level
of certainty. In such matters, Ahl al-Sunna have agreed on the validity of four schools of law, all of
which are valid, regardless of correctness or incorrectness of the Mujtahids’ personal analysis. There
is a great deal of leeway in fiqh because the process for arriving at rulings is quite complex and the
end result is speculative.
• The same level of certainty required for ‘aqida is not required for the speculative matters of fiqh.
Types of Knowledge
• 1) General knowledge of the basics of Islamic belief. → no taqlid
• Can be found directly in the Qu’ran and Sunna
• 2) General knowledge of ethics—the principles of good character, to do good and avoid evil,
to cooperate with others in in good works, and so on. → no taqlid
• Can be found directly in the Qu’ran and Sunna
• 3) Specific understanding of particular divine commands and prohibitions that make up the
Shariah. → taqlid required for non-Mujtahids.
• Here, because of the both the nature and sheer number of Qur’anic verses and ahadith involved,
people differ in their scholarly capacity to understand and deduce rulings from them.
• All of us have been commanded to apply the Shariah in our lives, in obedience to Allah (SWT),
and so Muslims are broadly two types: (i) those who can deduce legal rulings from the Quran
and hadith by themselves (i.e. a Mujtahid), and (ii) those who cannot, and who must do so by
means of others (i.e. a non-Mujtahid – a ‘follower of qualified scholarship.’)
Following Qualified Scholarship
• For the non-Mujtahid, following qualified scholarship becomes obligatory because it is the only means
to perform that which is obligatory (i.e. the obligatory acts of worship)
• If, for example, the only way to get to Makkah (via Jeddah) was on foot or by taking an airplane, and
you lived in North America, then the only way for you to get to get to Saudi Arabia to make the Hajj is
by taking an airplane. The Qur’an and Sunna does not mention that you must take a airplane to go for
Hajj, because airplanes are modern, but in this situation it is the only means for transport to go for Hajj.
And thus, for such a person, taking an airplane, in order to go for Hajj, becomes obligatory. The means
(i.e. airplane) becomes obligatory because the end (i.e. Hajj) is obligatory.
• We have to obey Allah (SWT) and the Prophet (SAW), and establish the commands of Allah (SWT) in
our life, but we cannot extract the detailed rulings on our own without that specialization of ijtihad. So
we have to do so by means of others. And that is why the non-Mujtahid is required to follow qualified
scholarship.
• It is a great mercy that we're not Mujtahids, because the means the advanced scholarly legal matters are beyond our
capability to master, and we are not even asked to engage in those conversations. It is not our business to talk about
high-level matters of Shariah without the tools. We simply follow qualified scholarship.
Following Qualified Scholarship
• Allah (SWT) commands us to ask them when we do not know the answer to a question, “Ask
the People of Knowledge if you do not know.” [21:7]
• The Imams mention scholarly consensus (ijma’) that the ordinary people in the times of the
Companions and those after them, (before dissenters arose from the Khawarij and Rawafid,)
would follow the scholars: “The learned among them would unhesitatingly answer their
questions, without alluding to mention of evidence. No one censured them for doing this…”
(al-Amidi, al-Ihkam)
• In the time of the companions, there were not thousands of fuqaha (i.e. scholars of law) capable of
each iitihad – there was only a very small group of Mujtahids. And people would go to those jurists
among the companions and ask them questions about Islamic law. And the jurists would give them
answers, and did not feel obliged to mention the proof/legal reasoning behind the answer. The answer
to the question alone was sufficient, and the mustafti (i.e. seeker of the fatwa) would accept it as they
believed the jurist to be a trusted authority (mujtahid) in the field, and they did not feel the need to
find out the complex legal arguments that the answer is based on, (nor is that required.)
Response to those who say: “I only follow the
Qur’an and Sunna!...”
• 1) What were the four Imams and esteemed Mujtahids following? The Bible?
• The Imams were also following the Qur’an and Sunna, but they had a particular legal methodology
that they developed to answer questions and to understand the intent of the Lawgiver in detailed
matters of Islamic law.
• 2) “Yes! Whoever reaches the level of ijtihad, and a number of scholars testify to it, taqlid is
not allowed for him. Much like how a novice jurist, or a layman who has memorized the
Qur’an or most of it, is not permitted to attempt ijtihad at all. How could he make ijtihad?
What could he possibly say? On what can he base his opinion? How can he fly and he has
yet to grow wings?” –Imam al-Dhahabi (Siyar A’lam al-Nubala’)
• 3) “Taqlid is to adopt a view without [detailed] knowledge of its evidence, and it is binding
on the non-Mujtahid.” –Imam al-Subki (Jam‘ al-Jawami‘)
• Even if the scholar tells you the evidence they used, if you don't have the tools of ijtihad, how do you
know how the scholar used that proof and not another proof. It's a very complex process.
• 4) “It is binding on the layperson and the one who does not have the qualification of ijtihad
– even though he has acquired some sciences that are taken into consideration for ijtihad –
to follow the view of the Mujtahids and to accept their fatwas...” –al-Amidi (al-Ihkam)
Not everyone should be a Mujtahid
• Every book of fiqh has a final chapter on ijtihad and taqlid. They always end with this chapter.
Imam al-Ghazali (a Shafi’i scholar) also mentions some rational proofs, as well as textual proofs:
“We find proof of that [taqlid] in two ways: First, the consensus of the Companions who used to
give fatwas to laymen without asking them to attain the level of ijtihad. This has been known by
necessity and through multiple routes of transmission from scholars and laymen among them.
Second, the consensus that the layperson is responsible for implementing [Allah’s] rulings, and
demanding that he attain the level of ijtihad is impossible because it would lead to the ruin of
crops, family, crafts, and livelihood, and lead to the destruction of the world, as everyone would
be preoccupied with seeking knowledge [to the level of ijtihad]...” –al-Ghazali (al-Mustasfa)
• There is not a single example of a companion giving a fatwa to someone and then telling “You need to go do
the work and become a Mujtahid too.” They would just give the fatwa.
• If everyone had to become a Mujtahid, then they would have to quit their jobs in order to study Arabic and
fiqh, and that means there would be a skills and labor shortage within the community, and society would not
be able to function smoothly. Society would collapse because everybody would be busy studying instead of
working. That is just not realistic. And also, if everyone was studying to become a Mujtahid, then the work of
the actual Mujtahid’s would become redundant.
• This example highlights the very serious misunderstanding of thinking that every individual ordinary Muslim is
required to attain a level of mastery whereby they can dispose of the entire 1400 year legal tradition of Islam.
History of the Mujtahids
• There were a limited number of Mujtahids giving fatwa in the time of the Companions: The four
Khulafa’ (Abu Bakr al-Siddiq, Umar ibn al-Khattab, Uthman ibn Affan, Ali ibn Ali Talib), Ibn Mas’ud,
Abu Musa al-Ash’ari, Mu’adh b. Jabal, Ubay b. Ka’b, and Zayd b. Thabit.
• During the second generation, the circle of Ijtihad widened and the Mujtahids were represented by
two legal trends: Ahl al-Ra’y and Ahl al-Hadith.
• Ahl al-Ra’y: the people of juristic analogy and opinion
• Those of Ahl al-Ra’y in Iraq were: ‘Alqama b. Qays, Masruq, Ibrahim al-Nakha’i, Sa’id b. Jubayr.
• Likely to take the position of praying on the road in the incident of the Prophet’s command to pray ‘Asr at the
Banu Qurayza.
• Ahl al-Hadith: the people of hadith
• Those of Ahl al-Hadith in the Hijaz were: Sa’id b. Musayyib, al-Makhzumi, ‘Urwa b. al-Zubayr, Sulayman b. Yassar,
and Nafi’ the freed slave of Ibn ‘Umar.
• Likely to take the position of praying at the Banu Qurayza, even if the time for ‘Asr passes, in the incident of the
Prophet’s command to pray ‘Asr at the Banu Qurayza.
• There were many ‘legal schools’ with their particular legal methodologies that emerged after this
age. Of those legal schools who endured, we have four: the schools of Imam Abu Hanifa, Imam Malik,
Imam al-Shafi’i, and Imam Ahmad b. Hanbal.
Not every muhaddith is a faqih
• Fiqh is not just ayaat and hadith. Not every scholar of hadith is going to be a faqih (scholar of fiqh.) And there
are many examples of this in the history of Islam - there were many muhaddithun (scholars of hadith) who
collected (and memorized) thousands of narrations, but they were not for fuqaha – rather, they actually
followed a particular school of law, and that was what they based their personal life on. And they were not
actual jurists. There are even cases of hadith scholars who gathered many narrations but when they're asked
about basic issues in fiqh they would say, “I don't know go ask so so-and-so.”
• Compiling narrations (i.e. the work of a muhaddith) does not mean you understand the intricate process of
reconciling ostensibly contradictory narrations. It is the study of fiqh which contains the methodology of
reconciling between narrations, and choosing one narration over another, or joining narrations together.
Without training in this field, you're cannot arrive at a sound answer, nor you will be qualified to do so in the
first place.
• Not every muhaddith is a faqih, and neither is every faqih a muhaddith. However, to be a mujtahid, you do
need to know the narrations, have access to them, and know the grading of those narrations and the
biographers. Just as there are differences of opinion in fiqh, there are also differences of opinion about some
of the chains of narrations, and in certain hadith, that affects the outcome of the ruling that a mujtahid gives.
• These are details that no one really needs to learn unless you are aspiring to become a student of Islamic knowledge and learn
at a deeper level.
You have to appreciate the great dedication and sacrifice these had to make in order to
master the Islamic sciences and ascend to the heights of scholarly mastery and authority.
Non-Mujtahids cannot perform the work of a
Mujtahid
• To think that a person can just read a few books attend a conference or a weekend
course and be on a similar level to the Mujtahids is the height of delusion, and that's
what we see these days; people think that because they have the internet and they have
access to information, they can now critique the imams and correct the imams.
• Some people who like to shun these legal schools and think that they make ijtihad
themselves sometimes use statements attributed to these great imams to justify their
position. There are narrations from Imam Shafi’i and Imam Abu Hanifa and others which
mention statements like: “If the hadith is authentic, then it is my method/legal position.”
Abu Hanifa also said “If you find a hadith that contradicts a position in my school, then
cast my statement on the wall and take the hadith.” However, these statements are not
directed at ordinary laymen Muslims. Imam Shafi’I and Abu Hanifa were saying these
things to their students – the scholars of fiqh.
Mujtahid
• “What Imam al-Shafi’i said does not mean that everyone who sees a Sahih
hadith should say ‘This is the madhhab of al-Shafi’i,’ applying the purely
external or apparent meaning of his statement. What he said most
certainly applies only to such a person as has the rank of ijtihad in the
madhhab. It is a condition for such a person that he be firmly convinced
that either Imam al-Shafi’i was unaware of this hadith or he was unaware
of its authenticity. And this is possible only after having researched all the
books of al-Shafi’i and other similar books of the companions of al-Shafi’i,
those who took knowledge from him and others similar to them. This is
indeed a difficult condition to fulfill. Few are those who measure up to this
standard in our times…” –Imam al-Nawawi
Mujtahid
• The idea that an imam “did not encounter a hadith and that's why his ruling is wrong” is
a very simplistic approach because:
• (i) they are assuming that the imam doesn't know the hadith, and that might not be the case,
• (ii) do they even know the reasoning and the evidence of that imam for taking this position, that
may appear to go against a sound hadith number,
• (ii) even if you argue that a imam did not encounter a particular hadith, what about his students,
and their students? What about all of these mujtahid scholars from within that legal methodology
who wrote and organized and codified and refined through a peer review process this great legal
heritage we know as the 4 legal schools?
• Some scholars say that the layman Muslim that tries to perform their own ijtihad is
making an unsuccessful attempt to avoid complexity. Because this layman Muslim wants
to make things simple for themselves, they use their very basic understanding to try to
eliminate anything that is complex.
The Four Legal Schools (Madhahib)
A madhab is not just the legal verdicts of just one imam. It is actually the collective verdicts and rulings and reasoning of
an entire body of scholars following a very specific methodology ascribed to that founding imam. Thus, the work of a
madhab is the work of thousands of people over hundreds and hundreds of years.
The features of four schools are:

• 1) The collective ijtihad traced back to the legal methodology of their • 5) Based on a sound legal methodology
founders, linked to the methodologies and rulings of the Mujtahids of the that eliminates or reduces subjectivity,
second generation who took directly from the Companions. (Musnada) emotions, and blind spots. (Mumanhaja)
• The school of Imam Malik is largely the school of Umar ibn al-Khattab. The school
• 6) Well-structured, holistic, internally
of Abu Hanifa is largely the school of Abdullah ibn Masud.
consistent. (Muttasaqa)
• 2) Based on refined legal principles that remove subjectivity from their
rulings. (Mu’assala) • 7) Concerned with producing legal texts
at the beginner, intermediate, and
• 3) Based on refined legal maxims that give them objective ‘rules of advanced level to enable one to learn
thumb’ for applying to new issues. (Muqa’ada) Fiqh in an organized way (no re-creating
• 4) Repositories of internal scholarly weighing of proof texts–the advanced the wheel). (Mumarhala)
works in each school discuss the primary text proofs for their positions. • 8) Codified, presenting a sound structure
(Mudallala) for laymen, students, scholars, judges,
• Only advanced scholars reach the stage of discussing the proof texts and their and muftis. (Munaqqaha)
arguments
Must a Layman Muslim Follow a Madhab?
• To answer this, we must first address: what is the definition of “follow” in this context?
• i.e. Does it mean that you follow a legal school in every single issue and you can never follow the opinion of any other
school, such that that, if you follow the Hanafi school you must remain in the Hanafi school for 100% of all legal matters?
• A layman (non-Mujtahid) is required to follow qualified scholarship. A qualified scholar is one who has
formal legal training, which can only be through one of the four Madhabs.
• Therefore, a layman who learns fiqh or asks a mufti, is receiving from one of the four schools.
• “The madhab of the layman is the madhab of his mufti” – the layman should follow their teacher (the one who teaches
them the legal rulings) who they have access to in their locality
• There is nothing legally binding for a non-Mujtahid to follow a particular legal school in every matter.
• You do not only have to receive answers from Muftis trained in the madhab which you follow. For example, as a
layperson, you may have learnt all your fiqh from the Hanafi school (perhaps without even knowing it was Hanafi.) If you
stick to following the Hanafi madhab, that is fine. If a new issue arises and you want to ask a qualified Shafi’i scholar, and
the scholar gives you a Shafi’i ruling, then it would be fine to follow this. There is leniency.
• (However, there are some parameters for following multiple rulings from various scholars, so as to avoid a
misunderstanding which causes an error that fundamentally invalidates the act. Some ‘ulama forbid mixing-and-matching
because of this danger, while others permit it when there is a need. If you want to follow your madhab for every single
issue, that is fine, but you may be put in a situation where you do have to go outside of the madhab that you follow for
certain issues, and so you need to learn the parameters for that so you can do it properly and safely.)
Must a Layman Muslim Follow a Madhab?
• For structure, ease, and consistency, it is best for a layman to learn their basic fiqh from a single
school.
• If you are seeking clarity, such that you want to learn your fiqh in a structured, holistic and organized way,
then you should learn to one madhab only. You can learn from other madhabs later on, or seek fatwas from
Mutfis of other madhabs. But when learning the rulings for the basic acts of worship, it is extremely
beneficial and helpful to learn it under a particular structure of a particular school, instead of learning it in
scattered way. This allows you to learn fiqh and allow carry out the purpose of it – which is to practice it in
your daily life.
• Fiqh is NOT about looking for the easiest views of each legal school to construct a set of laws that allows
everything that the other schools forbid. Rather, it is about finding an answer to your questions/concerns
while being consistent in the approach.
• A layman who aspires to become a scholar must learn from a single madhab. He or she will not
become grounded in fiqh by abandoning the tried and tested methodology of learning from
within a single legal school.
• After you learn from one madhab, you can learn from another one later on. But you cannot mix-and-match
in a way that does not make any sense, otherwise, it is unclear which school you are operating from.
Advice for new Muslims
• Do not worry about this complex intellectual matters. Just find a teacher who can
go through a basic primer with on how to do the basics (make wudu, salah, etc.)
And if you cannot find a teacher, find a resource that of a particular text (such as
in Hanafi fiqh, Shafi’i fiqh etc.) which allows you to learn the basic rulings in a few
hours. Then if you have any follow-up questions, reach out to scholars who could
address them.
• Deep discussions about why scholars differed in their approach, and their proofs,
and their responses to arguments, are for those at the intermediate or advanced
level. The average Muslim does not need to delve into such matters. You just
want to learn the basics of how to perform the acts of worship.
2.4) Authority & Transmission
of Islam: Practical Tips for
Learning Fiqh
11/3/2022
Learning Objectives
• 1) Know the ideal way of learning Islamic Law (Fiqh).
• 2) Know the rulings and parameters of taking from multiple schools of law (talfiq).
• 3) Know the different ranks of the Mujtahids.
• 4) Know the basics of istifta (‘seeking a fatwa’)
• 5) Constructing a holistic understanding of Islam’s legal tradition.
A lot of this material is not discussed in the older books that detail fard ‘ayn knowledge,
because most of those books, if not all of them, were written in a time and place where
the authority of Islamic law and its presence was an absolute given, so there was no
significant intellectual anarchy that required clarifying some of these details to the ordinary
Muslim. But because we live in an age of great confusion, we want to go into a little bit of
detail about these matters so that we have clarity.
Overview of Transmission in Islam
• This religion of Islam has been preserved–in beliefs, laws, ethics, and spirituality.
• This preservation has been through transmitters (human beings who transmitted the
religion as they received it, from those who received it, from those who received it
directly from the Prophet [SAW].) Those who transmitted the Law are called Mujtahids. A
Mujtahid is a person who engages in ijtihad (the process of deriving law directly from the
source text of the Qur’an and Sunna, or applying the methodology of another Mujtahid in
doing the same.)
• The Mujtahids had natural differences based on language, logic, and capacities for
applying the revealed texts (Qur’an and Sunna) to new issues.
• As these Mujtahids taught and delivered legal rulings, their positions and legal reasoning
were recorded by their students and later organized and codified. This became the seed
for what we now call Madhahib (‘ways of going’) – schools of Islamic law.
• There were many schools of Islamic law, but all but four have died out. The surviving schools are
those of Imams Abu Hanifa, Malik, Shafi’i, and Ahmad ibn Hanbal.
Some features of the Four Madhahib
Some of the features of the four Madhahib are:
• 1) Collective ijtihad traced to the legal methodology of their founders (Musnada).
• It is not just the work of one person. One scholar may write a book which summarizes and/or expands upon the work of
thousands before him, and then another scholar may write a book which explains the meaning of that book and add
more detail. Our legal tradition is very rich – it is a constant internal conversation which has been happening for
hundreds of years. (And there is a lot of leeway and ease built-in because of this.)
• 2) Based on refined legal principles that remove subjectivity from their rulings. (Mu’assala)
• 3) Repositories of internal scholarly weighing of proof texts – the advanced works in each school discuss
the primary text proofs for their positions. (Mudallala)
• When studying fiqh, the basic beginner text does not mention proofs for anything, it just gives the structure of what you
need to do. The intermediate text is the same thing, but with more detail. The advanced text is probably the same thing
but with the internal debates and differences within the legal school. An even more advanced text will contain details
about the imams discussing Qur’anic proofs for particular positions.
• 4) Well-structured, holistic, internally consistent. (Muttasaqa)
• 5) Codified, presenting a sound structure for laymen, students, scholars, judges, and muftis. (Munaqqaha)
Example of a fiqh matter where the madhahib differ:
Where do you look when you are standing in salah?
• The position of three out of the four schools is that • The other madhahib (Hanafi, Shafi’i &
you look at the place of sajdah when standing in Hanbali) say the meaning of the word
salah. But in the school of Imam Malik, the “face” in this instance does not just only
preferred place to look is actually straight ahead. mean the face, it means your whole
This is strange to a lot of people when they hear it being, so you turn your whole body
for the first time and they wondered, “What was towards the Kabah. And in terms of
Imam Malik thinking? Where did he get that from?” where your eyes go, is preferred to look
Imam Malik’s view comes from Surah al-Baqarah in down where you're making sajdah.
the verses that describe the change of the Qibla • Higher level works discuss the positions
from al-Quds (Jerusalem) to the Kabah in Makkah, among the Imams and their reasoning
where Allah (SWT) says to the believers, “turn your about topics like this. It is not the
faces towards its direction.” So Imam Malik argues average person to try resolve, or even
that the face is towards the qibla, so you're looking be engaged in, such discussions.
straight ahead.
The difference between the scholars of Fiqh
and those who try to learn fiqh themselves
• A faqih (scholar of fiqh) attains mastery by first studying a basic text, and then
studying an intermediate text, and then studying an advanced text. So as they go
further and further into their curriculum, they go deeper and deeper into the
material. And at the end of this process, with adequate training and time, they
become quite capable in dealing with matters of law.
• On the other hand, those who want to become knowledgeable in fiqh but
disregard this entire 1400 year-old tradition, and they just read the Qur’an and
some of the primary hadith collections, and then what takes a fiqh student one
year to learn would take that person their whole lifetime. And they’ll still get it
wrong, because they’re trying follow their own methodology, instead of using the
one which has been refined over 1400 years.
Which Madhab is Best?
• For the non-Mujtahid this question is meaningless, because what criteria are they using to
determine which is best?
• What makes one madhab ‘best’ is determined by its Usul (legal methodology and
approach to understanding the primary texts), but the differences between the Usul of the
Four Madhahib are matters of Ijtihad, so any preference is relative and Zanni.
• A faqih will be biased towards their own madhab, (not because of any kind of prejudice, but
because they have trained in it, and they have conviction in it, and they consider it to be a soundest
approach to Islamic law.) So a Hanafi scholar will believe that Hanafi Usul is best; a Maliki scholar
will believe that Maliki Usul is best, etc.
• Questions of Usul and internal scholarly discussions are not the immediate concern of the
non-Mujtahid (ordinary layman), who simply wants to learn how to worship correctly.
• It is fine to have a preference for a particular madhab, as long as you are not fighting
others about it, or being disrespectful towards the other madhahib. Also, there could be a
better madhab for a specific person in a time or a place when it comes to learning fiqh.
Must a Layman Follow a Madhab?
• In an indirect way, yes: A layman (non-Mujtahid) is required to follow qualified • There are some
scholarship. And a qualified scholar has formal legal training, which can only be people who say,
attained through one of the four Madhabs. Therefore, a layman who learns fiqh or “where does it say in
asks a mufti, is receiving from one of the four schools, and thus is following a madhab. the Qur’an you have
to follow a madhab?”
• However, there is nothing legally binding for a non-Mujtahid to follow a particular The Qur’an does not
legal school in every matter explicitly command
• “The madhab of the layman is the madhab of his mufti.” – A layperson should follow the you to do many
qualified teacher which they have access to in their locality. And the representation of the things, and there is
madhahib among the fuqaha generally depends on the area they are from/in.
nothing in it which
• You’re not required to seek a specific mufi from a specific madhab to get a fatwa, but you can if says that you have to
you want to.
follow a specific
• For structure, ease, and consistency, it is best for a layman to learn their basic fiqh madhab. But the
from a single school. command of Allah
SWT is to “Ask the
• A layman who aspires to become a scholar must learn from a single madhab. He or
people of knowledge.”
she will not become grounded in fiqh by abandoning the tried and tested
methodology of learning from within a single legal school.
The Ranks of Mujtahids
• Not all Mujtahids are the same, and depending on their level, they are serving a different function.
• It is not fard ‘ayn to know these rankings, but it is useful to have an appreciation of it, and to understand the
ranking of famous scholars in Islamic history. It also helps us to know if a scholar we know fits into this
classification or not.
• 1) Mujtahid Mutlaq Mustaqil (Absolute Independent Mujtahid). These are the Mujtahids deriving
law directly from the Quran and Sunna and establishing their own Usul, or legal framework.
• Absolute Mujtahids: Imams Abu Hanifa, Malik, Shafi’i, and Ahmad ibn Hanbal.
• 2) Mujtahid Mutlaq Muntasib (Absolute Mujtahid Ascribed to a School). These Mujtahids operate
according the Usul of the school to which they belong.
• Some of these scholars were so knowledgeable that they could have had founded their own madhab, but they
chose to remain within the pre-existing legal schools of their teachers.
• Examples: Imams Abu Yusuf, Muhammad al-Shaybani, Zufar (Hanafi); Ibn Majishun, Ash-hab, Ibn al-Qasim
(Maliki); Buwayti, al-Muzani (Shafi’i).
• 3) Mujtahid fil-Masa’il (Mujtahid in Issues). These follow the arch-principles of a school and transmit
its rulings, but apply the Usul of the school to new issues or to issues the Imam did not discuss.
• Elaborating on previous work and applying the Usul to new issues or issues for which there is inadequate
information from the founding Imams.
• Examples: Imam al-Tahhawi (Hanafi); Ibn Abi Zayd (Maliki).
The Ranks of Mujtahids
• 4) Ashab al-Takhrij (Those who Extract Rulings). These extract rulings from the past fatwas of the Imams
and develop principles based on pre-existing material in the school.
• Take fatwas (and the legal reasoning behind them) and apply them to something that is very similar, but that was not
addressed in the previous work.
• 5) Ashab al-Tarjih (Those Who Establish the Preponderant Rulings in the School). These scholars
establish, through Ijtihad, the strongest view within the school when there are intra-madhab differences.
• Examples: Quduri (Hanafi); Nawawi (Shafi’i); Khalil (Maliki); Buhuti (Hanbali).
• 6) Ashab al-Tamyiz (Those Who Discern). This is the Mujtahid who works within the school to determine
what the Imam actually said, and when there are conflicting narrations from him, to establish the
strongest of the two.
• Similar to the Ashab al-Tarjih, except that there may be two or three views from the Imam, and it is the job of the
Ashab al-Tamyiz to determine, through ijtihad, which is the soundest and strongest, and which is preferred of them,
based on the entire corpus of work within the legal school.
• 7) Mujtahid fil-Fatwa. This is the Mujtahid who masters the rulings of his particular school of law and
understanding the strongest view on which fatwa and qada (court decisions) is based, and conveys them.
• In today’s time, most scholars who are mujtahids would fall into this rank – they know what is authoritative within the
school and they transmit it.
Practicalities regarding Fiqh and the madhahib
• How do I learn Fiqh?
• Must I stick to a single school in all issues?
• Can I pick and choose among the four schools?
• How do I get answers to my questions?
• What is the process of fatwa?
Choosing a madhab
Any of the four schools are valid to follow, and the one you may choose to follow and learn from is a
matter of personal preference and circumstances. There are a number of things to consider:
• What school of law can you learn properly given your life circumstances? Which madhab has the
most resources in your locality? Which school will be the easiest for you to learn? Which school
has teachers which you can access to answer your questions?
• If you're in a place where you can learn one madhab properly, and you have access to qualified teachers who
can teach that school and can answer questions, and you have resources in that school, then that is probably
the best thing for you because that is what is available.
• What is your family and community background regarding the madhahib?
• If your community/local masjid follows a particular madhab, then it may be better to follow that madhab to
avoid confusion or disagreements.
• It may be best for your spouse and yourself to follow the same madhab so that your children can learn Islam
following the rulings of the madhab.
• What is your own personal inclination towards the madhahib?
• It is fine to be drawn towards a particular madhab, perhaps from learning about a particular Imam, or scholar,
or the history or methodology of the madhab.
• You may be able to learn more than one madhab (but it is better to learn one properly first before learning
about others.)
There is no “easy”/“easier” Madhab
• Within each of the four schools, there are matters which are quite easy and
there are matters that are quite challenging.
• For example, if you're studying Hanafi fiqh, you'll find certain things are easy, and
certain things a little more challenging. But some of the things that are hard in the
Hanafi school may be easier in the other schools. And some of the things which are
challenging in the other schools may be easier in the in the Hanafi school.
• It's not about looking for the easiest thing to construct a set of rulings that
you think is most convenient or re-creating the wheel, but rather, it is
about trying to learn in a methodical way to give structure to our worship
so we can get on with life and worship Allah (SWT), knowing that it is valid.
And with that comes a great deal of freedom. It is a liberating feeling when
you are not second guessing yourself over every little thing. You don’t feel
like you’re neglecting duties.
How Do I Learn Fiqh?
• 1) Complete this course!
• 2) Understand the foundations of ritual worship (purification, prayer,
fasting, zakat, and Hajj) and then the foundations of transactional law (e.g,
buying and selling, marriage and divorce, etc.).
• 3) Understand key concepts properly (definitions, pillars, conditions).
• 4) Apply these concepts to reality and learn how the basics of Fiqh impact
your daily life.
• 5) Review your Fiqh once or twice a year to keep everything fresh.
• You can do this by going through your notes, and quizzes yourself on the concepts.
• 6) ‘Practice makes [near] perfect.’ – practicing the Fiqh keeps it fresh in
your memory.
Must I Stick to a Single School in All Issues?
• 1) Some scholars say it is obligatory to stick to the Madhhab of a particular Imam, because
the layman believes that it is the truth and therefore it is obligatory for him to act in
accordance to his belief.
• This is a minority view, because the non-explicit rulings in fiqh are all speculative (zanni) anyway.
• 2) Most scholars say: Taqlid of a particular Imam in every issue is not obligatory. It is
allowed for him to make Taqlid of any Mujtahid he wants
• This is the majority view. There are some parameters to mixing-and-matching rulings from different
madhahib, but generally speaking, you’re not required to follow a particular madhab in 100% of
matters. In fact, in this day and age, that is not even really possible. For example, if you want to
follow the Shafi’i madhab in 100% of matters, you would not be able to make Hajj, because the
Shafi’i school has a strict approach in which they consider touching a person of the opposite gender,
with or without a barrier or desire, breaks wudu, and so if someone of the opposite gender bumps
into you while you are performing the Hajj rites, you no longer have wudu.
• When teaching fiqh, it's limited to tahara, salah and fasting. Outside of those, we can teach from any
of the madhahib. Mixing between them isn't really harmful in separate areas.
Mixing Between Madhahib
• There is a strong difference of opinion about talfiq (mixing between
Madhahib):
• Some scholars forbade it.
• Some scholars allowed it unrestrictedly.
• Some scholars allowed it with conditions, and this is the majority opinion.
• Islamic laws are three types:

• 1) Those built upon ease and leniency.
• 2) Those built upon caution and prudence.
• 3) Those built upon securing the greatest benefit for people and averting
harms.
Mixing Between Madhahib:
#1) Rulings built upon ease and leniency
• Islamic rulings for ritual worship are built upon ease and leniency. It is
allowed to mix rulings in these.
• For example, one can make wudu’ and pray according to the structure of the Hanafi
school, and fast according to the principles of the Shafi’i school etc.
• Mixing of this nature is totally legitimate, as you are not purposely seeking out the
lenient positions of every school in order to construct a position that none of them
would have agreed on.
• As for Zakat and worship that relates to wealth, it is a monetary act of
worship which benefits others, so the ruling is stricter. One must exercise
caution so that the rights of the poor are not neglected. Mixing between
schools for one’s financial benefit at the expense of the poor is forbidden,
as it ends up being to the detriment of those you are deserving of Zakat.
#2) Rulings built upon caution and prudence
• Islamic rulings that are built upon caution and prudence are those in
the area of forbidden things and acts.
• The default rulings for matters regarding consuming meat and sexual relations
is that they are all haram until established otherwise.
• Mixing rulings to extent where something becomes haram is not

easily done. Someone must be very deliberately picking specific
rulings from different madhahib.
#2) Rulings built upon caution and prudence
Example: Mixing rulings in the matter of marriage could lead to fornication…
• In the Hanafi school, it is allowed for a woman to offer herself in marriage without her
guardian/wali [but there must be a legally valid reason, and the groom must be a kuf’ (compatible)].
• In the other three schools (Maliki, Hanbali, Shafi’i), marriage is invalid without the permission of her
guardian.
• In all four schools (Hanafi, Maliki, Hanbali, Shafi’i), at least two witnesses are required.
• In the now extinct Madhab of Imam Abu Thawr, witnesses are not required (a wali is).
• If a person a) takes the Hanafi view that doesn’t require the guardian, and b) takes the position of
Imam Abu Thawr that witnesses are not a condition, they have fallen into fornication. The marriage
is invalid according to ALL of the schools because:
• i) there were no witnesses (invalid according to the Hanafi, Maliki, Hanbali and Shafi’i schools)
• Ii) there was no wali AND no witnesses (invalid according to the Maliki, Hanbali and Shafi’i schools)
• Iii) there was no wali (invalid according to the extinct Thawri school)
#3) Rulings built upon securing the greatest
benefit for people and averting harms
• Rulings built upon securing the greatest benefit for people and averting
harms pertains to the area of Siyasa Shar’iyya (Governance). These are
matters of criminal law, prescribed punishments and discretionary
punishments, marriage, divorce, international relations, war, etc. In this
area, the ruler may choose to consult with the ‘ulama and take the lenient
views from different madhahib and combine them in such a way that it is
most conductive to the interest of the ummah.
• This is a valid form of talfiq according to many ‘ulama, but it only applies to rulers.
Mixing Between Madhahib: Can mixing be
done preemptively or retroactively?
• While there are parameters of mixing between madhahib, but it can be done
preemptively or retroactively, based on need. There is no harm in sticking to one madhab
the majority of the time, and then taking views from the other madhahib where there is
a legitimate need to do so. And if you follow one due to legitimate need (not just
laziness,) then you are obeying Allah (SWT) and following the qualified scholarship, in
that time of need.
• It should never be a case of just following desires. You should only take into consideration other
views to facilitate obedience to Allah (SWT,) not just to “take the easy way out.”
• For example: if you are praying according to the earlier ‘Asr time (Hanbali/Maliki/Shafi’i)
or the later ‘Asr time according to the opinion of Abu Hanifa, in either instance, you are
following qualified scholarship.
• This could be applicable to school-going children who may find it difficult to pray some Salat at
school due to conflicting schedule or short prayer windows.
Mixing Between Madhahib: Conclusion
• Purposely following the easiest from every madhab without necessity or
legitimate need is forbidden. This is forbidden by means of ‘cutting off the
avenues of evil,’ preventing the means of anarchy and unfettering from the
obligations of the Shariah.
• The purpose of the Shariah is to subject your desires to the rulings of the Shariah, but if you
are picking parts of it just to make life easier for yourself, then you are not really submitting
to the Shariah.
• “When the Mukallaf (morally responsible individual) takes the dispensations from
all of the legal schools to apply to everything in his life that requires a measure of
struggle, and when he takes every scholarly opinion that agrees with his desires,
he has unfettered himself from the demands of Godfearingness (taqwa), and has
flung headlong into following his vain desires, and demolished the foundation set
by the Shariah…” –Imam Abu Ishaq al-Shatibi
How Do I Get Answers To My Questions?
It is a basic process:
• 1) You, the Mustafti, (person seeking the fatwa), describe the question as accurately as possible to
the Mufti.
• 2) The Mufti (person giving the fatwa) then takes the following process to approach the answer:
• Understand the question (tasawwur)--if he doesn’t understand the nature of the question, his answer will not be
as meaningful/accurate. This includes knowing the circumstances and location of the questioner.
• Perform a literature search–based on his training. He knows where to find the answer. Each madhab has its own
hierarchy of authoritative works on which fatwas are based.
• Select the relevant fatwa works for further review. Many fatwa works will have the answer readily available (e.g.,
Mi’yar in the Maliki school, ‘Alamghiri in the Hanafi school).
• Extract the relevant ruling from those sources.
• Critically analyze the information in those sources to determine the exact ruling, sifting through any conflicting
views to determine what is ‘relied upon’ for fatwa.
• If needed, consult with scholars to check, verify, and discuss the details of the question and the relevant rulings.
(There are bodies of scholars who do this kind of work.)
• Give the verdict (fatwa) based on the authoritative text.
• At most, the present day Mufti is a transmitter.
How Do I Get Answers To My Questions?
• What happens in the absence of an authoritative text?
• 1) Mufti resorts to making Ijtihad. If he is not qualified to do so then it’s
impermissible. The person must be qualified to make Ijtihad within the
Madhhab to give preference to one view over the other. Otherwise, he
conveys the relied upon position of the Madhhab and gives weak opinion
based on the circumstances of the individual only if the conditions are met.
• 2) Consult a learned person from another school and convey the relied upon
position of the other school for the novel issue.
A Mufti may have to seek an answer outside
of the school they are trained in
• Not everything is found within a single school. A Mufti may not find an answer within the school of their
training. In this case, they may have to go outside of their school to find an answer in another madhab.
• Example: What does one do for ‘Isha in Scandinavia when there is no sunset in the summer?
• If you live near the North Pole, Isha never really comes in. There's a late sunset, and the redness of the sunset is on the
horizon, and an hour and a half later, you see the whiteness of the horizon on the other side, so it's Fajr time. Isha never
comes. So at what time do you pray Isha?
• Nothing about this in mentioned in the Maliki school because Malikis were not going that far north. But the Hanafis did
end up going north (e.g. the regions of Transoxiana, the Volga, etc.) and so they dealt with this issue early on and they
came up with a ruling. So the solution the Hanafi scholars provided for this issue is to basically calculate the time for Isha.
• In the Shafi’i school, you can pray at the timings of the closest city (with normal prayer timings). When Imam Abdul Aziz
Suraqah lived for some time in Finland, Maghrib occurred at 11:30pm, Isha never came, Fajr began at 2am in the
morning, and at 2:45am, the sun was up for the rest of the day. So in this situation, you can pray according to the time of
the closest city.
• So there are different views: You can calculate the time for the prayer (according to the Hanafi school), or you can pray
according to the time of the closest city (according to the Shafi’i school.) If you go to a Maliki mufti, he will take a view
from the Shafi’i school because a) the issue is not mentioned in the Maliki works, and b) the Shafi’i usul on prayer times is
similar.
Example of a fiqh issue for which there are
multiple legitimate opinions
• In Ramadan in the summertime in Finland, there is a window 40 minutes between Maghrib, Iftar,
Isha and Suhur.
• Some people decided to follow the timings exactly – so they broke their fast when it was sunset
time, and they started fasting again when Fajr began.
• Others went and sought fatwa, and there were three opinions:
• (i) Some ‘ulama said, “You can break your fast according to the Iftar time of the closest Muslim city.”
• (ii) Others said, “You can break your fast according to the Iftar time of the closest city (i.e. does not have to be
a Muslim city).” And the closest city to them was a city in northern Germany. (It did cause people to feel
awkward, because it would be 9pm, and yet the sun was out, and yet they were breaking your fast based on a
time zone that has a normal sunrise and sunset, based on a legitimate fatwa.)
• (ii) And some ‘ulama said, “You break your fast according to the time of Mecca.”
• So different people took different views. And thus, there is some flexibility to this matter. And each
is completely acceptable because they did their duty of asking the people of knowledge.
The present-day Mufti is a transmitter
• Generally speaking, in this day and age, In this day and age, the average Mufti is a transmitter. They are
just transmitting the relied upon positions within the school of their training, and this is perfectly fine and
acceptable.
• They are not engaging in fresh ijtihad, and if they are engaging in ijtihad and they meet the qualities of a
mujtahid, they're still going to be within the framework of a legal school.
• The doors of ijtihad are open, but there has not been an ‘absolute Mujtahid’ for almost a thousand years,
so a mujtahid of that category is virtually unheard of. So today’s Mujtahids are at a much lower level, and
that is not to discredit them! They themselves are well aware of this. Today’s Muftis are not exercising
independent ijtihad, rather they are transmitted the ijtihad in the relied upon positions in the school of
their training. And there will be other scholars who are capable of ijtihad within the framework of a
school who are addressing modern challenges that aren't within the (current) legal books (e.g.
cryptocurrency.)
• Cryptocurrency obviously did not exist prior to 2009 or so, and thus, you cannot find discussions on cryptocurrency in
any of the books of the madhahib. So a qualified scholar has to engage in ijtihad by analyzing the comparative and
similar case examples in the law, and basically applying that to understanding the issue. But they're NOT absolute
mujtahids as they're still working within a certain framework to arrive at that answer.
How completely new issues are addressed
• There's some flexibility with certain new issues that don't have a prior example i.e. general problems that
are inescapable affecting everyone. The higher-level mujtahid, who may be operating from within the
framework of a particular school, might still rely on or use the tools of the other schools. So basically the
other schools are helping them out to arrive at an answer that will actualize the greatest benefit in a new
issue or a challenge that people are facing. So you're not going to find something in one madhab that is so
unique that it addresses a contemporary issue that the other madhahib cannot address. If it's something
complicated requiring a higher level thinking, they may go outside of the madhab and look at different tools.
• When there is a completely new issue that arises, there are fiqh councils, which is a collective effort in which
they bring on board people of specialization in different fields to inform them about how things work. This is
definitely one of the challenges in modern day fatwa.
• When you look at Arabic fatwas that exist about cryptocurrency, there are fatwas that say it's allowed, and fatwas that say
it is not allowed. But for a number of fatwas, (probably not all of them,) which say it’s not allowed, you get the impression
they don't fully understand what blockchain technology is, and that they're operating from kind of an old order thinking
about how those things work. And fatwas from ‘ulama who have permitted cryptocurrency seem to express a deeper
understanding of how blockchain technology works (in the opinion of Imam Abul Aziz Suraqa.) But there are probably
Muftis who have an adequate understanding of the technology and say cryptocurrency is haram.
Responsibilities of the Mufti and the Mustafti
• Just as the Mufti has to make some ijtihad, which takes effort, the seeker of the fatwa also
needs to make an effort to seek out a person who can answer the question. The Mufti also
has to exercise taqwa to ensure that they are providing all the relevant details in their
answer, and that they're not skipping out details which could change the nature of their
answer. A Mufti may need to ask follow-up questions if the person is concealing relevant
details that may shape the outcome of the fatwa. So the Mufti has to do some due diligence.
• If the Mufti gives the wrong ruling based on the limited information given to him by the one
who asked the question, the Mufti is not to blame as he carried out his duty to the best of his
ability. It is the Mustafti, (person seeking the fatwa) who is in the wrong, because it is their
duty is to ask the be honest when asking the question and not withhold any information
which may be relevant to the Mufti who is providing the fatwa.
• There are a lot of intricate details that both the Mufti and Mustafti should consider for the
issuing for a fatwa, but it is beyond the scope of this course. And there are works written
about this.
Seek fatwas from Muftis that you trust
• As a layman Muslim, it is good for you to find a Mufti or Muftis that you • Fatwas are often a case-by-case basis.
trust in their rulings, and that inspire confidence in you. You should feel When in doubt, seek the counsel of
that they are qualified, reliable and doing their absolute best. multiple scholars, and see if there's a
general consensus among them. But if you
• You should feel satisfied that when you ask them a question, their
have confidence in a scholar, and you chose
answers seem sound and that they're operating from knowledge and
to take their ruling, then you have done
taqwa. They do not have to be the MOST knowledgeable person, (but if
your duty.
you find that kind of person, latch onto them.) What matters is that you
• As a non-Mujtahid, you're not required to ask
can reach out ask them, and feel assured that you have done your duty of
only one Mufti. You are allowed to ask the
asking one of the people of knowledge, preferably in your locality/nation same question to other Muftis, and even
(as someone from a different region of the world may not have the most Muftis who are trained in a different madhab
correct answer in the context of your particular circumstance.) from the one you follow. Since non-explicit
• There is a distinction between issues that do and do not really change that much matters are probabilistic (Zanni), asking a fatwa
with regards to locality. If you go to a Mufti in Pakistan, and you ask them about from a Mufti of another madhab is fine
menstruation with regards to fasting, or what invalidates the wudu, or making up because their view will also be in the realm of
the prayers etc. These are all questions can be asked to any Mufti anywhere, as what is probabilistic.
answers to these issues are already well-established in the books of law, and does • The objective is not just being consistent in
not change with cultural background. But for new issues, or complicated issues 100% of issues in one school, it is getting the
that have certain cultural context, you should seek out a Mufti who really answer to your questions from any qualified
understands them from your context. scholar, regardless of what the madhab is.
It may be safer to take the stricter position
• If you have a fatwa that is lenient, and one that is strict, and the
lenient one is causing you uneasiness/doubt, then following the
stricter one would be a path of taqwa, as one of the things in the path
of taqwa is taking stricter positions to avoid the significant difference
of opinion.
• That is NOT to say that you have to take the strictest position, (nor do you
have to take the more lenient position.) You shouldn't necessarily default to
taking the stricter ruling. But in some situations, it can be better to take the
stricter ruling to give yourself some reassurance as the stricter path is
generally the path of safety.
The issue of not considering location for a
particular fatwa (& the issue of fatwa websites)
• There are a lot of fatwa websites which take fatwas that were originally written in Arabic by
scholars who answered questions from people in particular regions of the Muslim world
that have their own context and situation. So these websites took these Arabic fatwas and
translated them into English, and (wrongfully) universalized them as fatwas that apply to
everyone around the world.
• For example, apparently, in Saudi Arabia, you do not necessarily have to have car insurance like in
other countries. And this is reflected in the fatwas – as the website mentioned fatwas which forbid
insurance because of it being a form of buying something that has an indeterminate value, and you
don't know actually what you're paying for because it hasn't happened yet. So the fatwas they gave
disallowed taking out insurance. And this was translated in English, and people from other parts of
the world would read it and think, for example, “I have to drive to get to work, and there's no proper
transit system, and I have a family to feed, but this fatwa is saying that I'm not allowed to have
insurance because it’s haram, so I’m not going to have insurance.” And this causes a problem.
• So universalizing a ruling for one place it doesn't necessarily fit the unique challenges of
another location.
Fatwas from fatwa organisations
• If a person feels confident in the expertise of fatwa body (e.g. the European
Fatwa Council,) and they choose to go with their fatwas, then from a basic shari’
standpoint, they're not blameworthy, even if we differ disagree with the
individual rulings of that fatwa body or Mufti. If the fatwa inspires confidence for
a person, and they are sincere, and not just seeking an easy/convenient option,
then the person has done their duty, even if others disagree with the fatwa.
• If you, as the seeker of fatwa, consult them and you you're given the fatwa but it
does not inspire confidence in you, and makes you feel uneasy/doubtful in some
way, there is a hadith which advises us to seek fatwa from the heart.
• The problem is that we often seek fatwa from our nafs when we think we’re seeking fatwas
from our hearts. We have to distinguish between the nafs and the heart so if you can purify
your intention and your heart. This allows you to develop a sensitivity, such that, if something
does not feel right, you can trust that feeling and allow it guide your decision.
Scholars within the same madhab may have
different views on particular matters
• Within a madhab, scholars may have different views, but the relied upon
position in the school, upon which fatwa is based, is the stricter.
• In each school, there are lenient views, and strict views. In each madhab, there may be
a protocol for how that is decided.
• In the Maliki school, a fatwa has to be based on the relied upon, dominant position. So
there be a variety of opinions in one school, but one becomes dominant, and that is
the position on which fatwa must be based. So even if the Mufti is acting on a weaker
view in his own personal life, he has to give the fatwa based on the dominant position.
And if there are two Mujtahids within the Maliki madhab that disagree on an issue,
then they consider what is the famous dominant position represented in the Maliki
madhab (upon which fatwa is given,) and that dominant position is the view.
• At times, out of necessity, the Mufti may use weaker views, within their
school or outside of their school.
Difference between fatwa (ruling) & qada (decree)
• In most places, there is no Islamic judge, so if you ask for a ruling from a Mufti, it is
because you want to do the right thing and you want to know what is the judgement of
Allah (SWT) regarding a particular matter. This becomes more complicated with issues
surrounding marriage, divorce and conflict etc. because each person has to present their
side of the story, and then the Mufti has to determine what ruling to give once he’s
listened to everyone’s case.
• If a situation concerns legal matters, as opposed to judgments, we make a distinction
between fatwa and qada. The fatwa is a legal ruling that is not binding – if a Mufti gives
you a fatwa, you are not required to follow it, and you can even ask a different Mufti for
their opinion if you want. No one can force a fatwa on you. But with qada, the ruling is
binding. If you go to a Muslim country, and the Qadi (judge) issues a decree, then that
decree becomes binding upon that individual.
• There are many reasons why someone may choose not to follow a fatwa. Perhaps a person does
not feel confident about the answer that the Mufti provided, or perhaps the answer was not what
the person was hoping for.
Conclusion
• Learning about how the Islamic legal tradition works allows us to have a
deeper appreciation of it.
• Although the specific details regarding how the Mujtahids and Madhahib work
is not required knowledge for laymen Muslims, there are benefits to learning
about it:
• It gives us an appreciation of our fiqh heritage.
• It creates a stronger environment of tolerance and acceptance of valid/legitimate
differences.
• It also gives us confidence that our legal tradition is capable of addressing contemporary
challenges. It can give us solutions to problems within pre-existing frameworks. It has lots
of tools at its disposal to answer the challenges of the age.
• The anti-madhab/anti-legal school is one of the most dangerous religious heresies
threatening the sacred law of Islam.
3.1) & 3.2) Fiqh of Fasting
(according to the Hanafi school)
18/3/2022 & 25/3/2022
Learning objectives
• 1) Review the five rulings of Shariah • 7) The intention in fasting in
• 2) Review the four types of authority general (Ramadan and other fasts)
in revealed texts • 8) The Muftirat (what breaks the
• 3) Understand the division of legal fast) and their categories.
rulings in the Hanafi school • 9) What does not break the fast.
• 4) The definition of fasting • 10) What is disliked while fasting.
• 5) The types of fasts • 11) What is Fidya.
• 6) When is Ramadan established? – • 12) Miscellaneous issues in fasting.
Moon sighting vs. Calculation • 13) I’tikaf
• 14) Spiritual dimension of fasting
Fasting is the 4th Pillar of Islam
• “O you who believe, fasting is prescribed on you as it was prescribed for those
before you so that you may attain piety.” [2:183]
• The Prophet (SAW) said, “Whoever fasts Ramadan with belief and anticipation of
a reward, his past sins are forgiven.” (al-Bukhari)
• Fasting in the month of Ramadan is a fard obligation, but there are also other
types of fasting in Islam (which are also obligatory)
• Some fiqh rulings which may seem obscure to you could be very pertinent to
someone else. Fiqh does not deal with ideals, it deals with realities.
• Fiqh is not just for pious people. It is for everyone. It details the complexities of human life,
and all the strange things that may happen to us as human beings.
Review of the 5 Legal Rulings
• 1) Obligatory (Wajib)
• 2) Recommended (Mustahabb)
• 3) Neutral (Mubah)
• 4) Disliked (Makruh)
• 5) Unlawful (Haram)
• Everything that we do or say falls into one of these 5 categories.

The Four Levels of Authority in Revealed Texts
• TRANSMISSION OF TEXT:
• Qat’i al-Wurud (Explicit transmission)
• Zanni al-Wurud (Probabilistic transmission)
• MEANING INDICATED IN TEXT:

• Qat’i al-Dilala (Explicit indication)
• Zanni al-Dilal (Probabilistic indication)
Four possibilities with revealed texts
• 1) Explicit transmission + Explicit indication = Qat’i
• 2) Explicit transmission + Probabilistic indication = Zanni
• 3) Probabilistic transmission + Explicit indication = Zanni
• 4) Probabilistic transmission + Probabilistic indication = Zanni
Legal Rulings In the Hanafi School
• 1) The ‘Five legal rulings’ are broadly agreed upon by all.
• In Hanafi fiqh, we are not operating on the framework of the five legal categories. They are still
there, but the Hanafi school has a different division and breakdown of these categories.
• 2) In the Hanafi school, however, the jurists have a different division based on what
is Qat’i and what is Zanni in its transmission (wurud) and indication (dilala)
• They look at the legal rulings, not just in terms of wajib, mustahabb, mubah, makruh & haram,
but also at what is qat’i and zanni, and then there are further sub-divisions based on that.
• 3) This is important to know because it is reflected in the types of legal rulings

covered in law according to the Hanafi school, and this is unique to the Hanafi
school.
Legal Rulings In the Hanafi School:
Positive Command (Amr)
MANDATORY i.e. the Divine command from Allah (SWT): VOLUNTARY i.e. the Sunna:
• a) Fard – text and meaning are definitive (qat’i). • Mu’akkada (highly emphasised)
• b) Wajib – text or meaning is not definitive (zanni). • Ghayr Mu’akkada (not highly
emphasized)
• In the Hanbali, Maliki & Shafi’i schools, there is no distinction between • Nafl (voluntary/superagatory)
what is ‘wajid’ and ‘fard’ – these are interchangeable because both of • Mustahabb (recommended)
them mean mandatory or obligatory, and so fard and wajib are
considered to be the same thing.
• In the Hanafi school, there are different types
• The Hanafi school makes a distinction between what is fard and what
of recommended acts, and they have
is wajib. The meaning of ‘fard’ in the Hanafi school, is something
different degrees of emphasis. For example,
which is an obligation based on a text that is qat’i (explicit) in its
something which is a Sunna Mu’akkada
transmission, and qat’i in its indication. If a text indicates an obligation
(emphasised sunna) is not obligatory, but if
but it is not qat’i in either its transmission or its indication, then the
you left it for a period of time, you would be
Hanafi school calls this wajib. And that which is ‘fard’ is stronger than
deemed sinful.
that which is ‘wajib.’
Legal Rulings In the Hanafi School:
Prohibition (Nahy)
• 1) Haram – explicit text and explicit transmission.
• 2) Makruh Tahrimi (prohibitively disliked) – when the text
establishing it is not qat’i.
• These are things which are in the Qur’an and Sunna which speak about
something that is forbidden, but the indication is not definitive. The indication
is probabilistic.
• In the other madhahib, these things are haram.
• 3) Makruh Tanzihi (mildly disliked).
• This corresponds to the ‘makruh’ classification used in the other madhahib.
Legal Rulings In the Hanafi School: Overview
Hanafi School Other schools
Positive Command (Amr)
Mandatory:
Fard & Wajib are the same in
• Fard (definitive/qat’i meaning + text).
Hanbali, Maliki & Shafi’i schools
• Wajib (either meaning or text is non-definitive/zanni)
Voluntary:
• Mu’akkada (highly emphasised)
• Ghayr Mu’akkada (not highly emphasized)
• Nafl (voluntary/superagatory)
• Mustahabb (recommended)
Prohibition (Nahy)
Haram (definitive/qat’i meaning + text)

Haram in Hanbali, Maliki & Shafi’i
schools
Makruh Tahrimi (prohibitively disliked)
Makruh in Hanbali, Maliki &

Makruh Tanzihi (mildly disliked)
Shafi’i schools
What is Fasting?
• Linguistically, the word fasting means unconditional ‘restraint’ (imsak).
• According to the Law, fasting is the act of: “Refraining from entering anything
into the body cavity, whether deliberately or accidentally, or engaging in
intercourse, from true dawn to the time the sun sets, accompanied with the
intention of fasting from individuals who are permitted to fast.”
• 1) Refraining from entering anything into the body cavity…
• 2) Whether deliberately or accidentally…
• 3) Or engaging in intercourse…
• 4) From true dawn to the time the sun sets…
• 5) Accompanied with the intention of fasting…
• 6) From individuals who are permitted to fast.
Types of Fasts (in the Hanafi school)
• 1) Obligatory (Fard) • 5) Voluntary (nafl)
• a) The current Ramadan (ada’) • any other day as long as it’s not disliked
• b) Fasts to make up from previous Ramadans (qada’). • 6) Prohibitively disliked (makruh tahrimi)
• 2) Mandatory (Wajib) • a) Days of Eid
• a) Kaffara – fasts that are expiations • b) Days of Tashriq (three days [of drying out the meat]
• b) Nadhr – vowed fasts (vowing to Allah to fast) after Eid al-Adha)
• c) Making up of broken voluntary (nafl) fast • 7) Mildly disliked (makruh tanzihi):
• 3) Sunna • a) Singling out fasting on: Friday, Saturday, Nayruz (a
Persian spring holiday), Mahrajan (a Persian autumn
• a) ‘Ashura along with either the 9th or 11th (makruh to
holiday)....[this would apply to other non-Muslim
only fast the 10th)
holidays]
• 4) Mustahabb/Mandub • b) Consecutive fasting (wisal) – fasting two or more days
• a) Three days a month (13th, 14th, 15th a separate without eating in between. (The Prophet [SAW]
recommended aspect) instructed no one should do this.)
• b) Mondays and Thursdays • c) Perpetual fasting (sawm al-dahr) – fasting for the entire
• c) Six days in Shawwal, either consecutively or spread year. (The objective of fasting is that the fasting is not
out in the month your norm which is what makes it an act of discipline.)
Obligation of Fasting in Ramadan
• Upon whom is fasting in Ramadan obligatory?
• Fasting the month of Ramadan is obligatory upon every Muslim, male and female, who is sane and
pubescent. (Thus, fasting in Ramadan is non-obligatory on: Non-Muslims, pre-pubescent children, people
who are insane.) Those who are not yet pubescent can fast, but the fast is not yet wajib upon them, so if
they break their fast, then they are not sinful, and if they complete the fast, they get a reward.
• Signs of puberty include: nocturnal emission, growth of pubic hair, menstrual cycle. If none of the
physical signs of puberty emerge at all, then a person is pubescent once they are 15 years old, according
to Abu Hanifa.
• When does fasting become obligatory?

ۖ ‫ص ْم ُه‬ َّ ُ ‫َفمن َش ِه َد ِم‬
ُ ‫نك ُم ٱلش ْه َر َفْلَي‬ َ
“So whoever among you witnesses [the crescent of] the month, let him fast…”
• The beginning of Ramadan is established by:

• a) The sighting of the crescent moon (hilal), or;
• b) The completion of thirty days of Sha’ban.
• It is disliked to fast on the ‘Day of Doubt’ (Yawm al-Shakk), i.e., the day after the 29th of Sha’ban.
Sighting of the New Crescent Moon (Hilal)
• In the Islamic calendar, the new crescent Moon marks the start of • Determining the beginning of
a new month. Although it takes 29.5 days for the Moon to go Ramadan:
through all of its phases, it is npt practical for a month to have • On the 29th Shaban, if the hilal is
half a day. An Islamic month therefore can have either 29 days or observed, then Shaban is 29 days, and
30 days. The number of days in each month depends on when Ramadan begins the next day. If the
hilal is not observed, then the next day
the new crescent Moon is first visible.
is the 30th Shaban (no fasting – Day of
• On the 29th of each Islamic calendar month, Muslims go out after Doubt), and the day after that will be 1st
sunset looking for the Moon. If you can see the crescent Moon on Ramadan.
the 29th, that month has 29 days. If you cannot, it means that • Determining the end of Ramadan:
month has 30 days. That’s why in some years Ramadan has 29 • On the 29th Ramadan, if the hilal is
days and in others years it has 30. observed, then Ramadan is 29 days, and
the next day will be Eid al-Fitr (1st
• The new crescent visibility varies worldwide, just like sunset and Shawwal.) If the hilal is not visible, then
sunrise times, so not everyone sees it at the same time or even the next day is the 30th Ramadan
on the same day. This variation across the world can lead to some (fasting observed), and the following
countries marking religious holidays on different dates. day will be Eid al-Fitr (1st Shawwal.)
https://www.rmg.co.uk/stories/topics/how-sight-new-crescent-moon
Moonsighting: Beginning of Ramadan
• If the hilal is visible, then the following day marks the beginning of Ramadan (i.e. 1st
Ramadan).
• a) Cloudy sky: One upright person (i.e. not openly corrupt) witnessing the hilal is enough.
• There is a possibility of someone sighting the hilal from a different location when the sky is cloudy.
• In an Islamic society, this person who sighted the hilal would convey this to the Qadi (Islamic
judge), and the Qadi can accept the testimony.
• If the Qadi rejects their testimony, the person who sighted the hilal still fasts the next day, even if
no one else is fasting. However, when fasting the next day, if you become uncertain and people
cast doubt upon you, and for this reason, you broke your fast, then it is not required for you to do
the expiation of fasting two months consecutively due to purposely breaking the fast. The
expiation will apply only for that day that you broke your fast.
• b) Clear sky: Multiple witnesses of the hilal are required.
• In the Hanafi school, the Qadi decides how many witnesses there needs to be. The Qadi also has
to determine if the witnesses are upright and then making a judgement about the beginning of
Ramadan (i.e. whether or not the next day will be the first of Ramadan)
Moonsighting: End of Ramadan
• If the hilal is visible, then the following day is Eid al-Fitr (1st Shawwal)
• a) Cloudy sky: Two free males witnesses OR one male and two females witnesses
of the hilal
• b) Clear sky: Large body of people witnessing the hilal
• Number of witnesses is determined by the Qadi
• In countries/localities where there is no Qadi, then the situation may be different

to what is mentioned here.
• It is useful to know how the moonsighting process works in the Shariah, even we have no
Qadi, as it helps us to understand some of the issues that occur regarding the moonsighting
in our own locality.
Moonsighting issues
• In the Islamic society, where shariah is the rule of law there is a division of responsibilities. The
Imam of the masjid has a single job – to lead the five salawat. The Mu’adhin has a single job – to
call the azan. The job of the Qadi is to adjudicate and determine things like the sighting of the
moon, deal with marital disputes, and criminal law. In countries where there is no Islamic
governance, and Shariah is not the law of the land, Imams often take on various roles. An Imam
may have to lead the prayers and also deal with marital issues between husband and wife, and
thus, he is playing the role of a Qadi as well as well. And this means he also deals with
moonsighting issues. And the board of the of the masjid is acting like the deputies of the khalifa,
responsible for the collection and distribution of zakat. This distribution of responsibilities has
caused a lot of challenges regarding the moonsighting.
• Decades ago, in the pre- internet era, the vast majority of people are just going with whatever the
authorities said. They accepted the decision of the Qadi or body of scholars who received reports
on the moonsighting, and there was no serious disagreement.
• In this society, because there is no Qadi, the responsibility falls upon every masjid/organization.
And there are multiple ways that the moon is sighted or when Ramadan is declared.
Moonsighting issues
• 1) The beginning of Ramadan is not a private matter for people to decide. Possible
sightings are raised to the Qadi who will then consider to accept or reject the sighting.
• An individual may see the hilal, and the Qadi may reject his testimony. But determining the
beginning of Ramadan is not for individual people to decide on their own. It's a collective decision.
So the decision is made by the Qadi, and this then applies to everyone in the locality.
• 2) This is why there is rarely a disagreement among people in a Muslim country over
the start date.
• In Muslim-majority countries, there is some organization determining the start and end dates of
these months.
• 3) The process of establishing and announcing the date ensures the communal
objective of Ramadan.
• There is a communal aspect to Ramadan: fasting together, breaking fast together, praying tarawih
together, having the last 10 nights together, I’tikaf, Eid
Moonsighting issues
• 4) As religious minorities without authorities, there is no central authority which
determines how to do things, so each community will either:
• a) Go with local sighting – A select group of people visit a pre-determined location within their
region to observe the hilal
• b) Go with global sighting – If it is not possible to see the hilal in their region, they wait for the
reports of individuals in other locations who have seen it. Hilal committees consist of multiple
masjids that have connections with many individuals around the world, and they share reports
about the sighting of the hilal.
• c) Follow astronomical calculations – The predetermined moon phases is known in advance.
• There are some other invalid methods, such as, following the decision of the Saudi Arabia (as it
does not have a special privilege when it comes to announcing the beginning and end of
Ramadan), following what family (overseas) are doing in order to celebrate Eid on the same day
(which is nonsensical because of the time difference.)
• There's nothing that says that we're required to ensure that our acts of worship and our fasting aligns with
Saudia Arabia or any other country/locality.
Moonsighting issues
• 5) Each of these methods has a basis within the four schools of law:
• Astronomical calculations – a strong view in the Shafi‘i school (but not in the way people
often assume!)
• In the Shafi’i school, the texts that describe the calculations are in the context of when there are
atmospheric interference/blockages (such as clouds) that prevent people from seeing the hilal, and since
the hilal cannot be seen in this situation, they calculate whether the next day is likely to be Ramadan or
not. The Shafi’i does NOT say that astronomical calculations are the default method for determining
every single month, regardless of the environmental conditions. And the circumstance of atmospheric
blockage is not present every single year. Astronomical calculations is NEVER the default approach.
• The Shafi’i school does allow astronomical calculations in the circumstance where one person (or only
few people) saw the moon on a cloudy day, and there is not enough testimony. But the Shafi’i school
does NOT say that you can use the astronomical calculations in lieu of sighting on a clear day.
• Global sighting – held as strongest view in the Hanafi and Hanbali school, and a view in the
Maliki school.
• Local sighting – the strongest view in the Shafi’i school and a view in the Maliki school.
• (Within a single school, there's a variety of opinions.)
Moonsighting issues
• 6) f a community decides to go with any of these approaches, an individual Muslims, we go along
with the group, because all the approaches are valid.
• It is not befitting to get into arguments about it. The matter is communal, and disagreements fracture this
because then within the same masjid, half the community is fasting one day while the other half is not fasting.
If a community wants to take the local sighting approach, they're free to do that. If another community wants
to do the global sighting, they're free to do that. Even if the fasting days don't coincide perfectly, everyone is
doing their best to follow what they believe is the best for them in their context.
• If there's to be a change in policy it should be a collective decision in consultation with ‘ulama. The decision
should be made together – it is a communal decision. The masjids/executive boards are basically acting as the
Qadi in that capacity to determine these start dates, so if you’re going to change policies, it should be done in
a very careful way, so as to not to create fitna and drama in the community. You cannot force one approach
on people. We just have to live with the differences and respect them.
• If a person did want to weigh the pros and cons of each approach, then…
• The astronomical calculations is the weakest approach. The connection between the current calculation
method and the Shafi’i school is not as compelling as people may think it is, because the hadith of the
Prophet (SAW) states that if the hilal is not observed, then you estimate it. The legal operative ruling (‘illa) is
not seeing the moon, it is not just calculations as a default.
• Based on the hadith of the Prophet (SAW), it is better to do the actual physical sighting with the eyes, as this is
the foundation/default. (Visual aid, such as a telescope, can be used.)
Moonsighting issues
• There are some practical reasons for a community wanting to ‘set’ Eid day in advance, (as
per the astronomical calculation):
• For Eid to be recognized as an official holiday each year in non-Muslim majority countries, it has to
put on calendars ahead of time.
• Scheduling reasons – if you can schedule that day off of work/school ahead of time, it makes life
easier.
• (In Imam Abdul Aziz’s opinion, these reasons are not enough for validating the use of the
astronomical calculation, but regardless, it is better to follow what the approach that the community
has chosen to avoid disagreement and fitna.)
• Because of the legitimate differences regarding when Ramadan begins, when you get to
the last 10 nights of Ramadan, there is a possibility that the date is 1 day off (e.g. what you
think is the 27th Ramadan is actually the 26th Ramadan, or vice versa), so you should be
doing worship on both the even AND odd nights.
Global sighting
• In the pre-modern era, the global sighting approach would not have occurred across
continents, as that would not have been possible until the telegram.
• The precedent for global sighting was established by a the hadith of Ibn Abbas which
speaks about one locality not sighting the hilal, and then a traveler arriving from another
locality entirely reporting that they saw the hilal, and him acting on that. Thus, acting the
testimony of upright witnesses that claim to have sighted the hilal in a completely
different region, is permissible.
• A lot of times, you can't see the hilal over most of the world, as shown on the visibility
charts. It might only be possible to sight the hilal with the naked eye or with a telescope
in places like Argentina or Chile or something, and so the hilal committees call the
Argentinians/Chileans in their network, and this is how the date gets established for the
global sightings.
• There’s been a few Ramadans in the past where this is exactly what happened. No one sighted the
hilal in California at the final hour, but then people in Chile saw it.
Intention
• The intention is the determination one feels in the heart to do something.
• Intention is important. As the Prophet (SAW) said in a hadith, “Actions are governed by intentions. and
everyone will get what was intended.”
• It is NOT a condition to verbalize the intention. (You can if you want to, but it is not a
requirement.)
• The intention is really just the determination to do something, which you decide in your mind and
heart. Your external actions simply demonstrate your prior intention.
• The intention is also to distinguish one act from another.
• The act of eating breakfast (which linguistically means to “break fast”), means that a fast has been
broken, but it this was NOT a fast according to the Shari definition of fasting. It was a fast only in the
linguistic meaning (i.e. imsak,) as you did not eat or drink anything. The same is true if you are doing
“intermittent fasting.” Such fasts lacked intention.
• The purpose of the intention (niyyah) is to separate mundane ordinary activities from acts of worship.
• Intention is required for all types of fasts.
• Intention comes before the act of fasting.
Intention
• Fasts that require a) intention; b) • Fasts that require a) intention; b) specifying
specifying the type of fast; c) forming it the type of fast, but DO NOT REQUIRE; c)
at night (tabyit) include: forming it at night (tabyit):
• Making up missed Ramadan fasts • Current Ramadan fast
• Making up broken voluntary fasts • Specific vowed fasts (where a day has been
• Expiation fasts chosen for it)
• Unspecified vows (nadhr) e.g. making a • Voluntary fasts
vow to Allah (SWT) that you’ll fast for 3
days if you get a promotion, but you did • Make an intention in the heart for the
not specify when you make these fasts
specific fast, preferably, the night before the
fast starts (i.e. before Fajr), or at the latest
• For these fasts, make intention in the
by the Islamic mid-day (al-Dahwa al-Kubra),
heart for the specific fast the night
provided you have not engaged in any of
before the fast starts (i.e. before Fajr)
the Muftirat (things that break a fast).
When is the Islamic Mid-day?
• To establish the Dahwa kubra (Islamic mid-day) calculate the halfway
point between Fajr and Maghrib.
• Example: If Fajr enters at 5:00 AM and Maghrib enters at 7:00 PM, the Dahwa
kubra is at 12 PM. Accordingly, a person who wakes up and has not eaten
anything can formulate their intention by 12 PM at the latest.
• This only applies to the second type of fast: current Ramadan fasts,
specific vowed fasts (where a day has been chosen for it), and
voluntary fasts.
• It is better – and easier – to avoid this and have an intention each
night of Ramadan.
Things That Break the Fast (Muftirat)
There are two categories of things that break the fast:
• 1) That which requires making up the fast and expiation (qada +
kaffara)
• Kaffara is a type of penalty (expiation)
• 2) That which requires making up the fast only (qada only)
Making Up the Fast and Expiation (Qada + Kaffara)
• A make up (qada) is fasting a day after Ramadan, preferably from the month of Shawaal, and before the
next Ramadan.
• Situations which require making up the fast and expiation:
• 1) Eating or drinking something that humans would normally consume and this consummation nourishes, medicates,
or pleases the body in some way. (This would NOT include a person intentionally taking sawdust or metal)
• 2) Actual sexual intercourse regardless if one ejaculated or not.
• 3) Swallowing the saliva of one’s spouse.
• If these situations were done purposely, not out of forgetfulness, they require qada + kaffara.
• The kaffara (expiation) is a way to atone for the sin of purposefully breaking the fast (which is a major
sin,) and so the kaffara wipes away the effect of the sin. The kaffara for the situations mentioned above
is to fast sixty consecutive days in the year without any interruption.
• One must choose a time where one can fast these sixty days without the days of Eid or the three days after Eid al-
Adha (Ayyam al-Tashriq) interrupting the fasts because of the prohibition of fasting on these days. The only exception
is for women who are in their menstrual cycle.
• If one does not fast them consecutively, then one must restart the 60 day period each time the continuity of the fasts
is broken.
Expiation for those who cannot fast for 60
consecutive days
• If one is genuinely unable to perform the sixty consecutive fasts based on
reasonable surety, then one must either:
• a) Feed the same sixty poor people to their fill for two meals, or
• b) Feed one poor person to his fill for two meals a day for sixty days, or
• c) Give sixty poor people half a sa’a* of wheat (or similar food grains) or its monetary
value, or
• d) Give sixty poor people a sa’a* of dates (or similar food grains) or its monetary
value, or
• e) Give one poor person either c) or d) for sixty days.
• A person would first attempt to fast for 60 days before resorting to these
options.
*Sa’a: About 2.2 kg

Situation where a person purposely neglected
fasting for many days
• For people who purposely missed many days of fasting, or neglected
fasting for many Ramadans, they must:
• 1) do qada to make up for the missed fasts,
• 2) do one kaffara,
• The kaffara is only done once – so only one period of continuous fasting for 60 days. They
do not have to do a kaffara for each day/year of neglected fasting.
• 3) general tawba for those missed days
What Requires Making up the Fact Only
(Qada Only, No Kaffara)
In the following situations, you need to make up the fasts, • 3) Eating on purpose after you ate forgetfully.
but there is no kaffara because the action was either done • This is eating on purpose after you ate out of
accidentally (while you were aware that you were fasting), forgetfulness. So you forgot your fasting and ate/drank
or done purposely but because you thought you did something, and because of this, you thought you
something wrong earlier that broke your fast (even though ruined your fast, so then you deliberately eat/drink. So
you’re eating on deliberately, but because you thought
that belief was incorrect) your fast was ruined. This is not the same as purposely
• 1) Eating or swallowing anything like the following: raw breaking a fast without any legitimate reason.
rice, flour, a mouthful of salt, or toothpaste. • 4) Breaking your fast because you mistakenly
• NOT done out of forgetfulness, but accidentally. thought the sun had set.
• 2) Accidentally swallowing water during wudu’ or a • 5) An orgasm that results from rubbing, kissing, or
shower. touching.
• If you're in the shower, and you lift your head up too high,
the water can get into your nose and you feel it in your
• 6) Smoking or inhaling smoke that you produced
throat. If you’re making wudu too vigorously, you may sniff (such as incense-burning).
the water up into your nose and it goes so far that it is in the • 7) Eating a pea sized (or larger) amount of food that
back of your throat and then you swallow it inadvertently.
was stuck in your teeth.
• Technically, you can go swimming while fasting, but it is not
wise because it is difficult to avoid swallowing water while • If you consume an amount that was smaller than a pea
swimming. which was stuck in your teeth, then the fast is still valid.
Important distinction:
forgetful vs accident vs on purpose
• In Ramadan, if you are fasting, and you forget that you’re fasting, and take a bite of food or drink something
(e.g. while preparing food, you forget you’re fasting and then taste the food to check it), your fast is NOT
ruined. You can continue your fast as normal. Your fast is still valid because you did this out of forgetfulness.
There is no qada or kaffara required.
• If you are aware that you are fasting, and you consume some food/drink by accident, (you did not intend to
consume it), and NOT because you forgot you were fasting, then you must make up that fast (qada.) There is
no expiation (kaffara) required.
• If, while fasting, you broke your fast out of forgetfulness, and then upon realizing this, you mistakenly believed that this
meant your fast was ruined, and so you then deliberately consumed food and drink, then you must make up this fast (qada.)
There is no kaffara required, because the reason why you deliberately ate/drank is because you mistakenly thought you
invalidated your fast when you initially ate/drank out of forgetfulness.
• If for example, someone needed to swim across a stream while fasting (and there was no alternative to avoid this), and
water went through their nose and they felt it in their throat (i.e. they consumed water by accident), then they should keep
fasting for the rest of that day, but they will have to make up that fast.
• If you are aware that you are fasting, and you deliberately break your fast, then this requires making up the
fast (qada), and expiation (kaffara) as a penalty for committing the sin.
What Does Not Break The Fast (Non-Muftirat)
• Eating or drinking something forgetfully (not accidentally).
• Eating what is between the teeth if it is less than the size of a chickpea.
• Anything larger than this size would be easy for most people to feel in their mouth, and so they should be able
to remove it. And if they accidentally swallow something that was stuck between the teeth which is larger
than a chickpea, then they must make up that fast.
• Chewing on a sesame seed without swallowing it, if its taste doesn’t reach the throat.
• It would be better to avoid chewing on sesame seeds in Ramadan. But the idea here is that if something small
is in your mouth and you chew it and it has a flavor, then as long as you're not swallowing it, then that is not
going to break the fast. But if you swallow it and it has flavor, then that would break the fast.
• Old chewing gum from hundreds of years ago had no sugar or flavoring, so the fuqaha allowed this while
fasting. But the chewing gum in our time is NOT allowed while fasting, as it flavour and sugar, and thus the
saliva provided from it has some nutritious content, and swallowing this would break the fast.
• Dust or smoke (including smoke from incense) entering one’s throat without one’s doing.
• If you enter a place and there is smoke, … and you inhale it, you're not purposely bringing it into your nose.
You're not sniffing it nor opening your mouth trying to inhale it. The smoke or dust just happens to blow over
you as you're walking through an alleyway or somewhere does not.
• If you were to purposely inhale that smoke, then that would be a substance which is entering a recognized
body cavity (mouth or nose,) and that would be problematic. That is why smoking cigarettes in Ramadan
breaks the fast, while just passively inhaling smoke does not.
• A mosquito, fly, or any other object entering one’s throat without one’s doing.
• Swallowing the wetness that remains after washing one’s mouth for wudu or ghusl.
• If you're making wudu or ghusl, then you taking the water into your mouth, and even though you're spitting that
water out, there may be some remnants of it that stay within the inner parts of the gums and mouth. But you're
not collecting that as long as you're spitting out whatever needs to be spat out. And if any remaining moisture
from the water is there, there's no harm if that's swallowed.
• Swallowing one or two drops of sweat or tears that enter the mouth and mixes with one’s saliva, on
the condition that one cannot taste its saltiness.
• If you taste the saltiness, and that goes past your throat, that is something with nutritional content which is
entering a recognized body cavity, and this would break the fast.
• Swallowing one’s own saliva.
• Swallowing one’s own phlegm after clearing the throat.
• You're not required to spit out phlegm if you're fasting. You can swallow it.
• Swallowing vomit that emerges in the mouth without one’s doing, even if it is a mouthful.
• This may happen if a person's eaten something that is upset their stomach, and so they may belch and regurgitate
something. If it's less than a mouthful or up to a mouthful, and even if they swallowed it, this would not break the
fast. If it’s more than a mouthful, then it would break the fast.
• Deliberately vomiting less than a mouthful, regardless if one swallows it or not.
• Using a miswak or toothbrush.
• Technically, you can use toothpaste if you don't swallow it. But it can be difficult to avoid that. And toothpaste
has flavour. So it is better to avoid using toothpaste, and just use the miswak, or use a dry toothbrush and then
just spit out.
• Wetting one’s lips with one’s saliva while speaking and swallowing it.
• Swallowing blood that exits from the gums and does not preponderate over the saliva on the
condition one cannot taste it.
• If someone has an issue with their gums, and their gums start to bleed, then swallowing this blood could break
the fast, depending on how much blood there is. If the saliva outweighs the content of blood, that does not
break the fast. But if the amount of blood outweighs the amount of saliva (i.e. it is majority blood,) then
swallowing this would break your fast.
• Backbiting (haram, but does not break the fast).
• Backbiting does not break the fast. It does spoil the reward of fasting, but it does not break the fast itself such
that one would be required to make it up.
• Sniffing up mucus that is in the nose and it descends to one’s throat.
• Applying kuhl in the eyes, even if one finds its taste in the throat or its color in the saliva or phlegm.
• Dripping eye drops or contact solution into the eyes.
• Water entering the ears from a bath.
• Rubbing oil or cream on the body or hair.
• The skin is the largest organ, and it absorbs oils. If you apply something to the skin, the skin will
absorb it. But there is a difference between drinking something and applying something to the
skin which gets absorbed. For something to break your fast, it must enter through a recognized
bodily cavity, which are the mouth and the nose (the main ones), and the ears too (if done
purposely,) and even in the private areas (if done purposely.)
• Ointment, lotions or creams are absorbed by the body, but they are not coming through a normal
orifice, so they're not going to break your fast, and there's nothing wrong with applying them. As
long as those substances are not entering the bodily cavities that would cause it to break your fast.
• If someone had a wound on their stomach, and they applied some medicine that reaches into the
stomach, that would that break the fast, because the medicine is entering into the bodily cavity,
not through a recognized orifice, but it reaches the inner parts of the stomach. (And if someone
needed to apply a medicine that would enter into their stomach from a very large wound, then
perhaps that person should not be fasting.)
• Applying deodorant.
• Deodorant is absorbed by the skin, but it does not enter the body through a recognized bodily
cavity, and so applying deodorant does not break the fast.
• Withdrawing blood, such as in a blood test.
• A person with diabetes taking insulin shots is not injecting the insulin through a recognised bodily
cavity. So even though the insulin has nutritional content, it does not break the fast, as it's not
entering the recognized bodily cavity. The same is true for vaccinations and injections.
• For the person who has asthma, and needs to take an inhaler, this would break the fast. The
inhaler has a substance (it is not just oxygen,) and this substance enters past the throat, so it
enters through a recognized cavity. So if you have asthma, and you you're required to use the
inhaler/nebulizer daily, then these things are breaking your fast, so you would not fast on those
days (and would make qada for them, or pay Fidya in the situation that the person is not expected
to ever be able to fast.)
• Blood cupping.
Things Which Are Disliked During Fasting
The following list are things which are disliked when fasting. They do NOT spoil the fast, but should be
avoided:
• Tasting or chewing something without an excuse, provided that its flavor is not swallowed.
• There’s a risk of swallowing, so it should be avoided.
• Chewing flavorless gum.
• Kissing with desire in which one fears falling into sexual intercourse or ejaculation, on the condition
one did not swallow the other’s saliva.
• Gathering saliva in the mouth and then swallowing it.
• To gargle excessively when making wudu or ghusl (for fear of breaking the fast.)
• To sniff water excessively when cleaning the nose in wudu or ghusl (for fear of breaking the fast.)
• In a hadith, the Prophet (SAW) cautions us about this – while fasting, be careful when sniffing the water into the
nose and while gargling. You do not want to take the water so far up into your nasal passage that you feel it in
your throat. So just do it moderately/lightly, so the water is in the front part of the nose/mouth and not going
all the way up to the throat. But if you did more than that, your fast will be okay, as long as it's not going to your
throat. But it's preferred not to sniff water while cleaning the nose, or gargle excessively while cleaning the
mouth, out of fear that it will break the fast.
Things Which Are Disliked During Fasting
• Doing things that would weaken one while fasting, like cupping or withdrawing blood.
• This is disliked because in a state of weakness, a person may be required to break their fast due to
performing an action that they did not need to do.
• When you get cupped, you usually want to eat something right after that to replenish you.
Withdrawing blood (e.g. for blood donation) could also weaken you.
• This can also apply to exercise. Some people have a very strict exercise routine. They go to the gym
regularly, (which is good,) however, they push themselves so much in Ramadan to keep the gains,
that they end up depleting themselves to the point where they feel they have to break the fast. One
should know their limitations, and there are different techniques and strategies for maintaining your
fitness in Ramadan (even though it should be less a lesser priority in this holy month.)
• Brushing the teeth with toothpaste or using mouthwash, on the condition one does not
swallow it.
• If you know that you can do it without swallowing anything or having that flavor reach the throat,
then fine. But if you're brushing your teeth very vigorously, and you know covering all the areas it's
very risky, because you're reaching the back of your mouth. So it is better to avoid doing this.
Who is Excused from Fasting in Ramadan?
• 1) Menstruating women. • 5) Travelers (beyond 81 km, who has
• They make up the days of fasting that they missed while they were initiated the journey at the onset of Fajr)
menstruating. • This would apply to a person who is traveling
and Fajr hasn't come in yet, or they reached
• 2) Women in state of lochia (post-natal bleeding).
the destination before Fajr, or it's the day
• 3) Sick people who fear that the illness will worsen or be after they arrived and the next day and
prolonged.* they're on the road. People in these
situations don’t have to fast.
• You should not break the fast for silly reasons or minor difficulties.
• If you have a road trip to take, and you wake
• 4. Breastfeeding or pregnant women—when it is a genuine up you take your suhur, and you're fasting
difficulty and there is real fear.* because you're resident, and then at 10
o'clock in the morning you board your flight,
• If a woman knows that she can breastfeed and the child will be fed
then even though you're a traveler, you still
adequately, and she will not be harmed by fasting while breastfeeding,
have to keep that fast because you opened it
then she is required to fast even though she's breastfeeding.
while you were resident.
• If it is known through previous experience or the testimony of an upright
• If you are a resident when Fajr enters, (but
Muslim doctor, that breastfeeding is a major difficulty – that it brings
harm to her health in the long term, or it depletes her milk supply, which you plan on travelling later on,) you must
will harm the child – then she would not fast on those days. fast that day, and you cannot break the fast
once started.
*This is determined either by the advice of an upright, skilled Muslim doctor or by your own previous experiences (of actual harm),
not by merely making an assumption nor by a person’s own subjective feelings.
What is Fidya?
• Fidya is an ‘expiatory payment.’ It is a special form of charity given to a poor person where one
has to pay for each day of missed fasts during Ramadan.
• The Fidya in the Hanafi school is different from in the other madhahib. In the other schools, if you have to
make up a fast you missed in Ramadan, but you did not make them up in time for the next Ramadan, then
you have to make up the fasts, AND also pay a Fidya (which is like a penalty.) In the Hanafi school, if a person
missed fasts from Ramadan, and by the time the next Ramadan comes, they still have not made them up,
they will be required to make up the fasts they missed, but they do not have to pay a Fidya. Rather, the Fidya
is a special kind of charity (sadaqah) paid by people who have a condition where they cannot fast at all.
• Mothers with multiple children may have missed fasts from a previous Ramadan that they did not get to make
up by the time the next Ramadan occurs, because of late-stage pregnancy, or their postpartum period, or
because they’re breastfeeding one of their children during Ramadan. So according to the Hanafi school, they
would not pay Fidya for missed fasts, but they would have to make up for the missed fasts.
• For every day of missed fasting one has to pay the value of approximately 2.2 kg of wheat.
• In the Hanafi-school, the expiatory payment for Ramadan is only paid by a person who is not able
to fast at all – Those who:
• 1) Cannot fast in Ramadan AND
• 2) Cannot make up for the missed fasts at any other time of the year AND
• 3) Are not expected to ever regain the ability to make up for the missed fasts.
What is Fidya?
• Those required to pay the Fidya would be people with a serious chronic medical
condition, or due to their age, and they receive advice from a Muslim physician that they
cannot fast because it would worsen their pre-existing condition.
• If someone can recover from their illness, then the Fidya does not apply to them, and
they will have to make up the days of fasting they missed.
• If a person was expected not to recover for a condition where they were unable to fast, but then
they suddenly recovered from their condition, then they would have to make up for the fasts they
missed while they were unwell.
• So if a person had a condition where they've missed five years of fasting, and they paid the Fidya
for each of these years, but then in the sixth year they recovered, they would fast the next
Ramadan, and they would still have to make up for the days of fasting they missed (even though
they already paid the Fidya for the fasts they fasts while they were unwell.)
• Those who are to receive the fidya are the same as those who can receive zakat (Masarif
al-fidya masarif al-zakat).
• It can be given to one person or many.
Recommended Acts
• To eat the pre-dawn meal (suhur) before Fajr time enters.
• To delay the pre-dawn meal closer to the time before Fajr enters.
• You can stop eating at a period of time shortly before Fajr to be on the safe
side, but you don't have to finish eating way before Fajr time.
• To hasten to break one’s fast at the entering of Maghrib.
• There is no virtue in knowing that Maghrib has entered and remaining in a
state of fasting after Maghrib. You should break your fast and you go pray
Maghrib and you come back and have your dinner.
Other rulings
• If a person gets sick in Ramadan and missed fasts, then dies, he isn’t required to give a
wasiyya that fidya is paid on his behalf. But if he gets sick, and then gets better, and
doesn’t make up the days, and then dies, his family pays fidya on his behalf.
• You can split up your qada, but doing them all at once is better.
• If you take too long, you fast the next Ramadan and then do qada later, there no fidya in
the Hanafi school. (Other madhahib require fidya for not getting qada in before next
Ramadan.)
• If you start a voluntary (nafl) fast and break it, you have to make it up.
• By starting the voluntary fast, you've made it incumbent (wajib) on you to finish it. So if you broke
it you would have to make it up. If you intended to keep a voluntary fast on a particular day, then
for some reason you needed to break that fast, you still have to make up that fast.
• If a child reaches puberty, or someone takes shahada in the daytime, they stop eating
(i.e. start fasting immediately), and there is no make up for that day.
Other rulings
• If someone is unconscious in day time, they don’t make up their fast for that day, but make up their
fast for the subsequent days they remain unconscious.
• If an insane person gains sanity, they make up the days of Ramadan missed due to insanity, and fast
the rest.
• Insanity is like a medical condition. While a person is insane, they are not required to fast.
• Injections – they do not break the fast because they don’t enter a recognized orifice.
• Inhalers – using an inhaler breaks the fast because it enters the throat.
• Nicotine patches – they do not break the fast because they don’t enter a recognized orifice.
“That which reaches the body cavity [i.e., stomach] (jawf) or the brain through normal channels such
as the nose, ears and backside, in that one snuffed [something through the nose], entered something
through the rear hole or infused drops in the ear, and it reached the stomach or the brain, then one’s
fast will be invalidated.” – Imam al-Kasani, Bada’i al-Sana’i 2:93
What Does a Woman Do if Her Period Starts
in Ramadan?
• If her menstruation starts in • If her menstruation starts in
Ramadan during the night (i.e., any Ramadan during the day (i.e., any
time from the entering of Maghrib time from the entering of Fajr to the
to before the entering of Fajr), then entering of Maghrib), then her fast
she refrains from fasting the is broken and it does not count.
following day and for the duration • She must make up the fast for this day
that she is menstruating. after Ramadan has ended in a time
when she is able.
• She must refrain from fasting for the
duration that she is menstruating.
What Should She Do When Her Menstruation
Stops in Ramadan?
• If her menstruation stops in • If her menstruation stops in Ramadan during the day
Ramadan during the night (i.e., any time after the entering of Fajr up to the
(i.e. any time from the entering of Maghrib), then she performs a purificatory
entering of Maghrib to bath (ghusl), begins her obligatory worship and she
before the entering of Fajr), acts like a fasting person until the Maghrib time enters,
then she performs a due to the sacredness of the month of Ramadan.
purificatory bath (ghusl), • It is necessary for her to abstain from eating and drinking for
begins her obligatory the remainder of the day. She is sinful if she does not do so.
worship, and she is obliged However, this day of acting like a fasting person does not
count as a fast. She must make up the fast for this day after
to fast the following day and Ramadan has ended in a time when she is able. She is obliged
the remainder of Ramadan. to fast the following day and the remainder of Ramadan.
Women must make up all the days of fasting that they missed while they were menstruating.
I’tikaf
• I’tikaf: staying in the masjid for a number of days, during which you are
committed to acts of worship (ibadah)
• Generally speaking, the I’tikaf is fard kifayah
• Three types of I’tikaf:
• 1) Mandatory: when one makes a vow
• 2) Emphasized communal Sunna (particularly in last ten nights of Ramadan)
• A sufficient number of people in the community should be involved in this
• 3) Recommended: any other I’tikaf
• I’tikaf Rulings:
• Fasting is a condition for vowed I’tikaf
• One may not leave I’tikaf area except for need (call of nature, emergency, etc.)
• Only valid in Masjid (for men).
• For women, you can do I’tikaf in the home.
• Permissible to eat and drink in Masjid.
The Spiritual Dimensions of Fasting
• 1) Fasting with eyes. • Outwardly, a person have adequately adhered to the fiqh of
• Avoiding looking at haram fasting by refraining from having anything into their recognized
and idle things orifices from the time of Fajr until the time of Maghrib, had the
• 2) Fasting with ears. correct intention for fasting, and fulfilled all the conditions for a
• Avoiding looking at haram
valid fast according to the Shariah. But inwardly, there are other
and idle things aspects known as the spiritual dimensions. By adhering to the
spiritual dimensions, we get a more beneficial fast.
• 3) Fasting with one’s
• If a person engaged with their eyes, ears, tongue or heart in things that
tongue. are blameworthy, their fast still valid according to the shariah, but it
• Avoiding gossiping, diminishes the reward.
backbiting and useless • Fulling the fiqh conditions for a valid fast is really just the bare
conversation minimum. Fiqh is concerned with the outward, but the inward
• 4) Fasting with one’s heart. condition is what really transforms you.
• Avoiding distractions from • The idea of fasting is imsak i.e. holding back or restraint, so
worship and remembrance you're blocking the senses not just of taste, but also of sight and
of Allah (SWT) hearing.
The Spiritual Dimensions of Fasting
• If you have you know bad • Pond analogy (based on Imam Ghazali’s analogy):
habits with regards to your • Imagine you have a pond located next to a factory, and the factory produces
ears, eyes, tongue etc. toxic waste substances, and all this sludge and the sludge streams down into this
then Ramadan is a good pond. There's no fish in the pond, they're all dead. You can't swim in the pond.
You can't drink the water from it.
time to focus on getting
rid of these habits, so that • You want to make it a pure pond. So you get a shovel and start shovelling out all
the toxic sludge. However, there’s a problem: the stream keeps moving sludge
you're fasting not just with from the factory into the pond. So even though you try to remove as much
your stomach and your sludge as you can, there’s more that is continuously being added.
mouth/orifices, but also • What you need to do first you is stop the stream with the sludge which is coming
your other senses. from the factory. Then you can then dig out all the sludge. Once the sludge is
• If you do that you'll find gone, you can start to regenerate life in the pond. So eventually there's fish in
that: (1) it is challenging, the pond, and you can drink from it.
but (2) it enhances the • The pond is like the heart, and the stream of toxic waste would be the stream
fast, because you're coming through the senses – so there is a stream through the eyes which is going
already more spiritually into the heart, and a stream starting from the ears going into the heart. If you are
sensitive. fasting, but those streams are bringing toxic waste spiritual waste, then you’re
not getting the full benefit from the fast. To get the most benefit from fasting,
you need to cut out those streams – block the senses from those blameworthy
things – and then you can move the sludge out as you're fasting.
4.1) Fiqh of Purification:
Objectives & Types of Water
20/5/2022
Learning Objectives
• Types of water
• The two types of ritual impurity
• Minor: What breaks wudu’
• How to make wudu’
• Tayammum
• Wiping socks and casts
• Major: what breaks ghusl
• How to make ghusl
• Hayd, Nifas, Istihada (menses, postpartum bleeding, abnormal bleeding)
• The types of physical impurities (najasa) and how to purify oneself and one’s items from them
• Bathroom etiquette
The Significance of Purification
• 1. The first ritual act performed by the Prophet Muhammad (SAW)
• 2. Half of Iman.
• 3. The Key to Prayer
• 4. The means by which the Prophet recognizes his Umma on the Day of
Judgement.
• 5. Opens the Doors of Paradise
• 6. Is a part of the intact human nature (Fitra)
• 7. A means for forgiveness of minor sins
• 8. A means of protection from the Punishment in the Grave
The Spiritual Aspect of Wudu
• Wudu is not just about cleaning the dirty areas.
• If a person breaks wind, they have to make wudu in order for them to
pray. When a person makes wudu, they're washing their hands, face,
sniffing water up their nose, washing their arms, and feet. But they're
not washing the areas from which they broke their wudu.
• There is an inward aspect to purification. There is a spiritual
significance to wudu, and purification in general.
Wudu Was First Ritual Act Performed by the
Prophet (SAW)
• The very first ritual act of worship the Prophet (SAW) performed was
purification. Allah SWT revealed to him: “And purify your garments.” Soon
after this, Jibril (AS) instructed the Prophet (SAW) how to perform the
wudu’ and salat, and the Prophet (SAW) taught this to the early Ummah at
the time.
• The Prophet’s garments were already pure (at the time of the command), but the
command was given in order to teach the ummah to purify themselves.
• The five obligatory prayers were legislated during the Isra’ and Mi’raj, but
the form of prayer and wudu were legislated at the very beginning of Islam.
Half of Iman
• The hadith, “Tuhur is half of faith,” is often translated as “Cleanliness is half of
faith,” but Tuhur is a legal term, so it refers primarily to the legal form of
purification, which is wudu’ and ghusl.
• This refers to salah. Purification is half of faith because it wudu is a condition of the salah.
• “Adhere to righteousness even though you will not be able to do all acts of virtue.
Know that the best of your deeds is prayer, and that no one maintains his ablution
except a believer.” (Ibn Majah)
• This means we cannot be perfect, but we should still strive for righteousness. Then
he tells us that the best action we can do is Salat, and that no one will maintain
their wudu’ except a believer. This means a Mu’min, who is a higher degree than a
Muslim, strives to maintain wudu’ all of the time, not just when they have to.
Being Recognized by the Prophet (SAW) on
the Day of Judgement
• “On the Day of Resurrection, my followers
will be addressed as ‘al-Ghurr al-
Muhajjalun’ from the traces of ablution.”
(Sahih Muslim) Whoever can increase the
area of his radiance should do so.”
• Ghurr refers to a brown/black horse with
a white streak on its forehead.
• Muhajjal means the white streaks are
going down its limbs.
Opens the Doors of Paradise
• “Whoever performs wudu’ well and then says: ‘Ashhadu an la ilaha
illallah, wahdahu la sharika lahu, wa ashhadu anna Muhammadan-
‘Abduhu wa Rasuluhu, Allahummajalni minat tawwabin, waj’alni
minal mutatahhirin) ‘I testify that none has the right to be worshipped
but Allah Alone, there are no partners for Him. And I testify that
Muhammad is His servant and Messenger. (Allahummaj-‘alni minat-
tawwabina, waj-‘alni minal-mutatahhirin) ‘O Allah! Make me among
the repentant, and make me among those who purify themselves.’
Then eight gates of Paradise are opened for him, that may enter by
whichever of them wishes.” (Sahih Muslim)
• So regarding the subject of tahara, when
we discuss “filth”/“impurity,” we are not
Tahara (Purification) talking about the conventional filth.
“Filth”/”impurity” in the context of tahara
• Tahara: The removal of filth from one’s body, garments, and is something which removes you from the
place of prayer, as well as the removal of one’s state of ‘ritual state of ritual purity e.g. najasa, such that
impurity,’ rendering one in a state of ‘ritual purity.’ you are not allowed to engage in certain
• Regarding tahara, the opposite of tahara is “impurity” but this ritual acts of worshiping like touching the
“impurity” is a legal term. For example, if there is a mushaf, praying salah, etc. And tahara is
construction worker working all day on a construction site, and the removal of such impurities.
when it is time for salat, and he is filthy, covered in sweat and • The primary way of getting rid of physical
dirt, etc. then he is conventionally dirty/impure. Anyone who AND ritual impurities is through the use
saw him would agree that he needs to go take a shower and of water.
change his clothes to be clean. BUT his garment is NOT • Thus, we must discuss what types of water
“impure” ritually-speaking. Legally speaking, his garment is we can use for removing those physical
pure because there's no impurities (najasa) on it. But impurities, as well as removing ritual
conventionally-speaking, it is dirty. impurity, meaning water used for making
wudu and ghusl and the like.
• Similarly, a person who uses the restroom is not in a state of
• We have to know this because if a person
wudu (ritual purity), and are instead in a state of ritual impurity, uses the wrong kind of water, then their
even though their clothes and skin may be perfectly clean. wudu/ghusl may not it may not be valid.
Clean Water is Easier To Find in Our Times
• In our times, it is easier to find appropriate water for wudu than for people
who lived 100 or 200 years ago. Today, most people just make wudu every
day from water that comes from a faucet. In some cases, we may use
bottled water.
• However, in an agrarian society, where there are different sources of water,
and you have animals and livestock and you come in contact with different
kinds of filth, you have to distinguish the different kinds of water.
Fortunately, many of us do not have to worry too much about this in our
day-to-day life.
Types of Water
• 1) Plain/unconditional water: Water that is ‘pure • 2) Pure but not purifying: Water that is
in itself, and purifying for other things.’ It is water pure itself, and can be used to remove
that remains in its natural form, unmixed with ‘impurities,’ but is disliked to drink or
anything that changes it (in a legal sense). cook with it.
• Examples include: Rain water, well water, spring • This generally includes water that is mixed
water, river water, sea water (even if salty), and with something that is not impure, or ‘used
water from melted snow or hail water’ – water which is leftover from a
previous wudu’ or ghusl. It is pure (without
• NOTE: The default assumption about the state of
najasa), but it is NOT purifying (i.e. CANNOT
water is that it is plain water (pure and purifying) be used for wudu/ghusl.)
• This assumption is not lifted even by ‘reasonable • If a person is making ghusl, and they are
possibilities.’ using a bucket to pour water over
• If you encounter water and you have no reason to themselves, after that water separates from
believe that there’s any impurity in it, then it is the body and lands inside of the bucket that
considered plain water and you can use it for wudu. is under them, then that fallen water is
considered ‘used water.’
Types of Water
• 3] Impure water: Small quantity of still water, less than 10 arms lengths
(measured from the fingertips to the elbow,) (i.e. 10 by 10 cubits,) in which it
is known that an impurity (e.g. roadkill/carcass of a dead animal) has fallen. It
is deemed impure even if no trace of impurity appears. This water CANNOT be
used to remove physical impurities or make wudu’.
• If the body of water is larger than 10 by 10 cubits, and some najasa has fallen into it (e.g.
carcass of a dead animal) , then as long there is no discernable signs of impurity in the
water (change in color, smell or taste), then you can make wudu from that water (but it
is better to avoid the region where the najasa had fallen in.)
• Impure water also includes running water in which an impurity has fallen into
it, and you can observe signs of impurity in it (change in color, smell or taste).
• If there is no discernable signs of impurity, then it is pure. Since it is flowing, the
impurity will wash away, and it can be used for wudu.
What Cannot be Used for Wudu’
• Impure water (contaminated by najasa in a body of water that is less
than 10 by 10 cubits) and used water (leftover from previous wudu’
or ghusl) cannot be used for wudu’. (This was explained in the
previous slides.)
• There are also some types of water that is pure (not contaminated by
najasa) but CANNOT be used for wudu’ (i.e. pure but not purifying):
• 1) Water that comes from trees or fruits (fruit juice.)
• You can NOT make wudu’ with water that naturally comes from a vine.
• 2) Water that has lost its essence (i.e. flow-like properties) through cooking
• 3) ‘Dominated Water’
What Cannot be Used for Wudu’: Dominated Water
Dominated water is of two types: • When liquids mix with plain
• Water dominated by a solid substance: Water that has been dominated water, we assess taste,
by another substance where it loses its thin and flowing nature e.g. smell, and color. When
leftover water from cooking lentils or pasta. When this water cools, it has solids mix with plain water,
a thicker viscosity than plain water. we assess the qualities of
thinness & flowing.
• If solids like leaves and saffron and the like mix with the water, this water can be
used for wudu’ because the nature/essence of the water remains the same. So • When water mixes with
even if a mud puddle (water mixed with solid sediments) looks brown and dirty, as another liquid, such as
long as there is no najasa (impurity) inside, the water retains its essence, and it ‘used water’ or rose water
can be used for wudu.
that has lost its smell, an
• Water dominated by a liquid substance: Water is ‘dominated’ when it is assessment is made by
mixed with another liquid substance that changes the taste, color, & smell. weight.
When two of these qualities appear in a water, it is ‘dominated’ and • If two Ritls of plain water
cannot be used for wudu’.e.g. coffee (change in color, smell, & taste), milk (769 grams) are mixed with
(change in color & taste), and vinegar (change in color, smell, & taste) one Ritl of another liquid
• Rule of thumb: anything that is mixed with water and can no longer called ‘water’ (384.240 grams), wudu’
cannot be used for wudu. with it is not permitted.
Remnant water (Su’r)
• Remnant water is a small quantity of water which remains after a
human or animal has drunk. This doesn’t apply to rivers, streams, and
the like, even if thousands of animals or humans have drunk from it.
Types of su’r:
• 1] Pure and purifying—what a human, horse, or halal animal has drunk
from. This can be used to make wudu’.
• 2] Impure water—what a dog, pig, or predatory land animal has drunk
from (cheetah, fox, wolf, etc.) This CANNOT be used to make wudu’.
• 3] Disliked remnant water—it is disliked to use it in the presence of
plain water. This is the leftover water of a cat, stray chicken, predatory
bird (falcon), or pests like mice and rats.
• This can be used to make wudu’, but it is disliked to do so.
• A caged chicken is less likely to have encountered najasa, while it is uncertain
what a stray chicken has encountered.
• 4] Doubtful—the leftover water of a mule or donkey
• Making wudu’ with this water should be avoided.
Water from a mud puddle?
• This can be used for wudu’
• The solid sediments in the water have
not dominated the water (i.e. the
essence of the water has not changed),
even if the water appears dirty/muddy
AND to our knowledge, the water does
not have any najasa in it (i.e. if there is
not anything that we can see, smell or
taste that indicates that there is najasa
in it, then it is assumed to be pure.)
• Note that size of the puddle in the image
appears smaller than 10 by 10 cubits. So if
it had been known that some najasa had
fallen in it, then it would be impure, and
could not be used for wudu.’
Water from toilet bowl (post-flush)?
• It is better to avoid making wudu’
with this water. Even though the
toilet has been flushed, there might
still be some najasa remaining in the
toilet that could come in contact
with the water. Since the body of
water is less than 10 by 10 cubits in
size, if there is any najasa, then this
water would be impure.
• However, if the toilet had just been
thoroughly cleaned such that there
is no najasa, then technically, this
water would be used for wudu’.
Muddy-looking creek water?
• Wudu’ can be made with this
water even though it appears
brown/dirty. To our knowledge,
there is no najasa that has fallen
into it.
• The brown colour of the water here
is likely caused by sand/mud, and
not najasa.
• Since the body of water is large
(much greater than 10 by 10 cubits),
even if there was some najasa in it, it
would still be considered pure, and
you could make wudu with it.
Use muddy water or perform tayammum?
• As long as the mud water is pure (without najasa) and you are healthy
and have access to it, you CANNOT do tayammum, as you do not have
the legal excuse for foregoing the water and resorting to tayammum.
• You may do tayammum in situations where there is a limited supply
of pure water (e.g. there is a limited amount of pure water, and you
need to use that for drinking.)
Apple cider vinegar?
• Cannot be used for wudu’
• Water is pure (without
najasa), but not purifying.
The essence of the water
has been changed as it has
been dominated by another
liquid, and so there is a
noticeable change in color,
smell and taste
Fruit juice?
• Cannot be used for wudu’
• Water is pure (without najasa),
but not purifying. The essence of
the water has been changed as it
has been dominated by another
liquid, and so there is a
noticeable change in color, smell
and taste.
Tap water?
• Can be used for wudu’. This is
plain/unconditional water.
• You can also make wudu’ with bottled water.
• Water that is mixed with najasa, and then
goes through a sewerage treatment facility
becomes purified, and this is what becomes
tap water. And this is fine is use, even it
contained impurity in its previous state. The
water has been purified and cleansed to
such an extent that it is restored to its status
of being plain water.
• This situation is analogous to removing
impurity from water wells. There are books of
fiqh which mention how to purify well water so
that it is suitable for wudu’.
Sewage water?
• Cannot be used for
wudu’.
• The water is impure –
it contains najasa, and
this has changed the
color, smell and taste
of the water.
Water remaining from boiling pasta?
• Water is pure (without
najasa) but it cannot be
used for wudu’
• The essence of the water
has changed – it is
dominated by another
substance, and this changes
the flow and softness of the
water.
Water remaining in a container that a dog
drank from?
• This remnant water (su’r) is
impure and cannot be used for
wudu’ as it was previous drank
by a predatory land animal (dog.)
• In the school of Abu Hanifa, the
saliva and moisture from the
nose of the dog is ritually
impure. So if this fluid mixes with
water, then you cannot use it for
wudu’.
Sea water (containing salt)?
• This can be used for
wudu’, as it is a type of
plain water. The saltiness
here does not affect the
state of the water – it
remains pure and
purifying
Pool water?
• This can be used for wudu’. Even if
there is some chemical added, such as
chlorine, this water has not lost its
essence – there is no change in its
colour, smell or taste.
• If the pool is greater than 10 by 10 cubits
in size, and some najasa had fallen in, then
as long as there is no discernible change in
color, smell or taste of the water, the water
is pure and can be used for wudu.
• If the pool is less than 10 by 10 cubits in
size, and it is known that some najasa had
fallen in, then it would be impure, even if
there is no discernible signs of impurity.
Pool water?
• In the school of Abu Hanifa, the
chlorine added to the water is not
enough that it changes the essence of
the water. (Chlorinated) pool water is
still called water.
• Some of the other madhahib hold a
stricter position, which is that, although
chlorine itself may be pure, and it is
added to pure water, it causes a change
of taste and smell, and this means it is
pure (no najasa), but not purifying, so it
cannot be used for wudu’.
Sparkling water?
• This can be used for wudu’. This is still just water.
• The carbonation process has not dominated the water.
The carbon dioxide is a neither a solid or liquid, it is a
gas, and it only affects the taste of the water, not its
smell or color.
• The situation regarding flavoured sparkling water
depends on whether the flavouring comes from a
liquid or solid.
• Some of the added flavours come from solids. And if
there is a slight change to the water which comes from
a solid, then it is fine to make wudu’ from this water.
Soapy water/bath water?
• In the Hanafi school, if there is soap
mixed with a bit of water, which
does not change the essence of the
water (i.e. the water is still flowing
and soft), then it is fine to us for
wudu’/ghusl. Soapy bath water is
fine to use as long as there is not so
much soap that it changes the
viscosity of the water. The other
madhahib may disagree.
• In the process of bathing and making wudu’, if a person has soap on their body, the water
that is coming onto them is already pure and it is washing something away that is pure (the
soap on the person’s body is not a najasa,) so there's no problem.
Leniency for rules regarding water used for
purification
• Some things in Islam are based on caution, (e.g. meat, the property of
others), but other things are based on ease. The rulings on water are based
on ease, which is why the default for water is purity.
• By default, water is considered pure unless there is a reason for it to be considered
impure or not purifying.
• The school of Abu Hanifa tends to be a bit more lenient than the other
madhahib regarding the rules for what type of water can be used for wudu’
and ghusl.
• Generally speaking, if something is still called ‘water’ (e.g. ‘pool water’, ‘soapy
water,’) then it can be used for purification. If a substance containing water is
changed so much that it is now called by a different name, (e.g. ‘tea’, ‘milk’), then it
cannot be used for purification.
RECAP Case study 1: A public swimming pool
• 1) What is the assumption?
• The default assumption is that the water is pure.
• 2) What is the average size of swimming
pool?
• A standard pubic (Olympic size) swimming pool
is typically larger than 10 by 10 cubits.
• 3) If you saw a child urinate in the pool,
would that render it impure?
• No, it is not impure, because the size of the pool
is larger than 10 by 10 cubits. The effect of the
najasa is essentially cancelled out by the size of
the pool – there is no change to the color, smell
or taste of the water.
RECAP Case study 2: A mud puddle
• 1) What is the assumption?
• The default assumption is that the water is pure.
• 2) Where did the water come from?

• Rain, and rainwater is pure/unconditional water.
• 3) Does debris (leaves, twigs, rocks) render it

impure, or pure but not purifying?
• The solid debris is not najasa, so it does not
render the water impure.
• It is purifying as it has not been previously used
for wudu’/ghusl
• This water can be used for purification, even
though it looks (conventionally) dirty
Which can you use?
• This water CAN be used for purification: • This water CANNOT be used for
• The water is assumed to be pure so long as purification:
there is no discernible signs of najasa in it, • This water has been dominated by dirt,
even if it looks brown/murky. which has turned it into clay/mud. The
• The meaning of “pure” in the context of water has experienced a change in colour,
tahara concerns a legal judgement, not what smell and taste.
necessarily appears conventionally clean
Obligations & Sunna Actions of
Wudu'
27/5/2022
Learning Objectives
• The two types of ritual impurity
• Minor: What breaks wudu’
• Major: What Requires Ghusl
• (NOTE: this is a discussion concerning ritual purity and impurity, not physical
purity and impurity. Ritual purity is about wudu’ and ghusl)
• How to make wudu’
The two types of ‘Ritual Impurity’
• 1) Minor (al-hadath al-asghar) — what ‘breaks wudu’’
• 2) Major (al-hadath al-akbar) — what ‘breaks ghusl’
What Breaks Wudu’?
• 1) Anything that exits from the two openings. • 3) Vomiting a mouthful or more.
• The two ‘openings’ are the front and back passages • If you vomit less than a mouthful, it will not break the
of the human being (i.e. the mouth and wudu’
genital/urinary/anal passages)
• 4) Sleeping in a position such that the buttocks are
• 2) Filth that flows from other than the two not firmly planted onto the ground, such as while
openings, such as blood or pus. lying down or leaning on one’s side.
• This is not applicable to something small like a • It is not that sleeping itself breaks the wudu’, rather,
pimple, but larger things like boils that burst sleeping is something that it likely to coincide with
• In the Hanafi school, blood is considered najasa breaking the wudu’ (e.g. passing gas.)
once it begins to flow. • The scholars define the point between a light sleep
• Discoloration of skin from a bruise is caused by that does not break wudu’, and a deeper sleep which
blood beneath the surface of the skin. Bruising does, based on your level of awareness: If you were
alone does not break wudu’ because the blood is making dhikr in one hand with a tasbih, would you
not exiting the body and flowing. accidentally drop it, and would that startle you? If it
• Regarding bleeding gums: If there is more blood would, then your wudu’ is broken, as you could not
than saliva, the wudu’ breaks. If the bleeding is even control your hand to prevent it from dropping.
mild, such that there is much more saliva, then that • The safest thing is to assume you broke your wudu’ if
would not break the wudu’. you doze off, even if you dozed off briefly.
What Breaks Wudu’?
• 5) Loss of consciousness. • 8) Laughing out loud (audibly), by an adult, while in Salat.
• Fainting breaks wudu’ • If you are an adult and you laugh audibly during salah (such that
you can hear yourself), then your wudu’ is broken and your salah
• 6) Insanity. is invalidated, so you have to go make wudu’ again. This does not
• This refers to one who apply outside of salah. (All the madhahib say that if you audibility
has lost their sense of laugh during salah, your salah is invalid, but Abu Hanifa is the only
reason e.g. someone one who said that it also breaks the wudu’.)
experiencing a manic • If the laughing is internal, such that you are containing it, then this
episode is not an audible laughter that would break the wudu’
• 7) Drunkenness. • Children doing something goofy while your praying may cause you
• Drinking alcohol is haram. to laugh.
• NOTE: Touching impurities does NOT break wudu’.

• Touching something or coming into contact with something that is najasa (e.g. changing a child’s
diaper) does not break wudu’. But you must remove the najasa from your body/clothing before
performing a ritual act of worship.
What Requires Ghusl?
FARD: RECOMMENDED:
• 1) The emission of sperm/sexual fluid • 1) The Friday Prayer.
(mani) that leaves its normal place inside • Not required but recommended in the Hanafi
the body with pleasure. school.
• Applies to both men and women • 2) The Two Eid Prayers.
• Applies with or without intercourse.
• 3) Entering the state of Ihram.
• 2) Intercourse.
• 4) The Day of Arafah
• With or without ejaculation
• 5) Entering Mecca, Medina, (in the context
• 3) The ending of menstruation or postnatal
of Hajj) or visiting the Prophet (SAW).
bleeding.
• 4) Someone who becomes Muslim.
• Just tell the new Muslim to cover every area
of their body, head to toe, with water
How to Make Wudu’: Obligations of Wudu’
The following obligations are the bare • 2) Washing the two arms, up to and including the elbows.
minimum of what must be done for a valid • Make sure the water reaches slightly past the elbows.
wudu’: • This also includes all areas of the hands.
• 1) Washing the face (top of the forehead • 3) Wiping a fourth of the head.
to the bottom of the chin, and from one • The area above the forehead. The size is about the width of
earlobe to the other). one’s hand.
• For men with thick beards where the skin • 4) Washing the two feet, up to and including the ankles.
beneath cannot be seen, it is enough to
wash its exterior – it is not required to wash • Water must reach the ankles, as well as slightly above, around
the skin under the beard. For men with thin and behind the heels, and between the toes. You do not need
beards, the water must reach the to rub over all the areas, but water must reach it.
underlying skin itself. • If water does not reach the required areas, then the
• The washing of the face includes over the wudu’ is invalid, and the salah is invalid, and this means
eyelids and the tear duct area.
the obligation of salah has not been fulfilled, and that the
• The condition is that water reaches the skin things which are permissible with wudu’ (e.g. reciting
and passes over it – not that you have to
rub water over all the areas.
Qur’an) are not permissible.
How to Make Wudu’: Sunnas of Wudu’
The rule of thumb is that we should do all the sunna acts of wudu’. The sunna acts of wudu’ are just
distinguished from the necessary obligations of the wudu’.
• (Always) purposely neglecting the sunna actions is sinful. In some madhahib, it may even render the prayer invalid.
• By learning the fard ‘ayn knowledge, we distinguish between the bare minimum requirements for something to be
valid, and the ideal standard (sunna, recommended & adab/manners), so that you correct and perfect your actions,
and so that Allah (SWT) can accept these deeds from you.
• 1) Washing the hands to the wrists prior to wudu’ (in the context of using a container for wudu’).
• Before the advent of piped water leadings to faucets in homes , water came from wells or cisterns and it would be
collected and people would make wudu’ from some kind of jug or container. So the sunna is to wash your hands up
to the wrists to remove impurities, become making wudu’ with the water from the container. So this is not
something that needs to be done if you are using tap water, as you are not risking putting a hand with impurities
inside a container of water, which would then render the water inside the container impure.
• 2) To begin with Tasmiyya.
• Mentioning the name of Allah in a general sense (e.g. “Bismillah,” “Bismillahir Rahman ir Rahim”)
• In our times, even if the toilet is in the same room as the shower/basin/bath (i.e. place of wudu’), the toilet is in a
designated area of the bathroom, so it is usually fine to make Tasmiyya from within the bathroom. So making
Tasmiyya from the basin is not as though you are making it from toilet. But if you are making wudu’ in a dirty space,
or you want to be on the safe side, you can make the Tasmiyya before entering the room.
• 3) To use the Siwak at the beginning of making wudu’.
• There is a difference in opinion about one should use the right or left hand when using Siwak. Typically, we do things with
our right hand, but we perform bathroom acts with the left hand. Some scholars say that you use Siwak with the right
hand because Siwak is a blessed branch from a blessed tree, and there are virtues in using it. Others argue that you should
use your left hand because you’re using Siwak to clean the mouth, and usually when we clean things, we use the left
hand. Imam Malik says it depends – if you are cleaning, then use your left hand, but if your teeth are already clean then
you’re using the miswak for the sake of following the sunna, so in that case you should use the right hand.
• In the Hanafi school, if you don’t have the Siwak, you can use other things instead. You can even use just your right finger
to clean the mouth.
• 4) To rinse the mouth three times.
• 5) To take water into the nostrils with three separate handfuls of water.
• 6) To increase the depth of taking the water in the nostrils, provided one is not fasting.
• Avoid this if fasting as there is a risk of the water going down the nose and being felt at the back of the throat. Only take
the water to the front of the nostrils if fasting.
• Regarding the adab of expelling this water, Imam Malik said one should not expel the water from the nose like a donkey.
• 7) To pass the fingers through the bottom of a large beard with water on the palm of the hand.
• Cup a small amount of water in the palms of the hands and then pass it in an upwards motion, with fingers moving
through the beard, starting from the bottom of the beard.
• 8) To interlace the fingers (takhlil).
• Take the wet fingers of one hand and pass them through the knuckles of the other hand, reaching the
webbing between the fingers.
• 9) To wash the limbs three times. (One time is enough, but three times helps ensure
nothing was missed).
• 10) Wiping the entire head
• The obligation is to wipe a fourth of the head, but it is sunna to wipe the entire head
• 11) To wipe the ears, even if with the water used for the head.
• Can do this immediately after wiping the head, or with fresh water. Doing it with fresh water is ideal.
• There are different descriptions about how to wipe the ears. You can use index fingers and thumbs –
the index finger goes in the crevice in the upper portion of the ear and then downwards around the
hole, while simultaneously, the thumb rubs behind the ear, starting from the top of the back of the ear.
• 12) To rub the limbs with water. (Dalk)
• In the Hanafi school, water must reach the skin in the required areas, but physically rubbing the areas is not required. You
could just pass the limb under the flowing faucet. But rubbing the limbs with water is sunna.
• The Maliki madhab holds a different opinion – physically rubbing/wiping the limbs with water during wudu’, either using
the hand or another object, is a requirement for them. Note that this is not a vigorous rubbing, it is just passing the (wet)
hand (or using another object like a damp cloth) over the body parts
• By rubbing the limbs, less water is needed to wash the body – you can take a small amount of water and can spread and
rub the moisture from the water across a large surface of body. And this is fine, as long as you are covered every inch of
the body that is required to be washed. In this way, even a teacup of water is enough to water the whole body. However,
in the Hanafi school, generally, it is disliked to use a minute amount of water for wudu’, it is preferred to use more.
• 13) To wash the limbs successively without pausing between them (such that in normal weather, the last
part that was washed would not dry before one began the next).
• In the Hanafi school, if you needed to pause your wudu’ to go do something else, you can continue your wudu’ where
you left off, as long as the last area that you washed would not have dried yet, under normal weather conditions. So if
you live in a place that is very hot or very cold, you do not consider the actual drying time, but what the drying time
would be at a median temperature, which is probably between around 3-5 minutes. And if the last limb that was washed
has (or would have) dried, then you need to start making wudu’ from the beginning.
• The idea is that the duration of the break in the wudu’ should be short.
• 14) Intention.
• In the Hanafi school, the intention is considered a sunna and not wajib.
• 15) Chronological order.

• The sunna is to wash the right side of each limb before doing the left side, but
if you did the left side first, your wudu’ would still be valid.
• If you washed your feet before your arms, the wudu’ would still be valid, even
though this is not the sunna way to do it.
How to Make Wudu’:
Recommended Acts of Wudu’
The recommended acts of wudu’ are considered at a lower level than
the sunna acts of wudu’, and they are:
• 1) To begin with the right when washing limbs.
• 2) To wipe the neck.
Adab of Wudu’
There are certain things which are considered good • 3) To abstain from talking (general speech
etiquette, but they are not explicitly part of the sunna, that is not dhikr).
nor things which one must always do when making • It is not haram to talk (about worldly things)
wudu’: during the wudu’, but it is disliked and
against the good manners of making wudu’.
• 1) To sit on an elevated place (to avoid the used water
and to allow it to flow away). • 4) To make the supplications before and
• When water that has been used to wash the body after the wudu’.
separates from the body it becomes ‘used water’, and you • 5) To gargle and draw water in the nose
cannot use ‘used water’ to make wudu’. So if water has
with the right hand and expel the water
dripped into your limbs into a container, you cannot use
that to then wash another limb. Being in an elevated place with the left hand.
helps to avoid fresh water being mixed with ‘used water.’ • Use left hand to press the nostrils closed
• When you make wudu’ in your bathroom sink, this is and expel the water. This prevents you from
already an elevated place – the water is elevated and expelling the water like a donkey.
somewhat away from you. • 6) Perform wudu’ before the prayer time
• 2) To face the Qibla. enters.
What Is Disliked in Wudu’
• 1) To waste water.
• It is disliked to waste water, even if you are next to a river.
• Do not open the faucet fully if doing something else (e.g. removing your
watch.) Turn the tap to a lower setting or turn it off completely until you are
actively performing wudu’.
• 2) To slap water on the face.
• Just wipe the face with water instead of slapping it on the face.
• 3) To speak words of general speech devoid of dhikr.
Types of Wudu’
1) Obligatory: 3) Recommended:
• Salat • Sleeping or waking up
• Prostration of recitation (Sujud al-Tilawah) • Touching books of Islamic law
• Touching the Qur’an, even a single verse on a piece of paper. • Wudu’ over wudu’
• If it is a book that has some verses of Qur’an and is not all Qur’an (e.g. • That is, making wudu’ again when the salah
a book of fiqh), then you don’t have to have wudu’. Wudu’ is required times comes in, even if you have wudu’
for the full Qur’anic text. already.
• However, if there was a single page that contained just a verse of
Qur’an, then this would require wudu’ according to the Hanafi school • After backbiting or slander or sin in general
• Many scholars hold the opinion that digital mushafs do not require • After laughing loudly outside of prayer
wudu’, but some hold the view that wudu’ is also required for digital
mushafs. • After washing a dead person or carrying
To be on the safe side, use a Qur’an app that has some empty space (or him
English translation) that you can swipe on to move to the next
page/verse, so that you avoid putting your finger directly on the • For every prayer
mushaf on the screen.
• When angry
2) Mandatory:
• When reciting Quran from memory or
• Tawaf of the Ka’ba
reading hadith or studying Islam.
Methods of administering water during the
wudu’
• As long as water touches the limbs during making the wudu’, then it is
valid. So it is permissible to use a rag moistened with water, or spray
bottle filled with water, to make the wudu’. Similarly, it is fine to use a
bottle of water, a bucket of water, or a faucet (even if the water is
only dripping.)
• The way the water is administered during the wudu’ is not that
important as long as water is reaching the limbs.
Eating camel meat?
• Eating camel meat does not break wudu’ according to any of the
madhahib other than the Hanbali school.
• To avoid the difference in opinion, it would be better to make wudu’
after eating camel meat, but you don’t have to.
Nail polish (and other water-blocking
objects/substances)
• The bare minimum in wudu’ is that water must reach the skin of the face, the hands and
arms up to and past the elbow, (wiping) a quarter of the head, and the feet up to and
including the ankles. Water must reach every part of these limbs, if there is a substance that
blocks water from reaching the required areas, then it would be as if the person did not fully
wash the limb.
• Thus, virtually all forms of nail polish physically block water from reaching the fingernails and
toenails. The same is true for fake nails, or makeup, or gloves, or anything else that
physically blocks water from reaching the nails/skin.
• If there’s a product that just leaves a stain on the nail, without creating a physical barrier,
such as henna, then this would be fine, as it does not prevent water from reaching that area.
• It is technically fine to make wudu with oil-based substances like coconut or olive oil on the
skin, because the skin absorbs this, and as you’re making wudu’, it is not really blocking
water from reaching the skin.
Touching one’s private parts
• In the Hanafi school, touching one’s private parts does not break the
wudu’.
• In the Maliki school, touching one’s private parts with the surface of the hand
(not the sides of the hand), does break the wudu’
4.3) Fiqh of Purification: Rulings
of Ghusl and Tayammum
3/6/2022
Learning Objectives
• Performing the Ghusl.
• The three types of Ghusl.
• Tayammum
The Obligatory Integrals of Ghusl
The Ghusl involves:
• 1) Rinsing the entire mouth once.
• 2) Rising the entire nose once.
• NOTE: in the school of Imam Abu Hanifa, rinsing the mouth and nose is a Sunna in
wudu’, but obligatory in Ghusl.
• 3) Washing the entire body once–making sure water reaches every part of the body.
• In the Ghusl, it is obligatory for water to reach:

• The inner part of the ears
• The navel
• The skin beneath one’s beard, mustache, and eyebrows
• Braids (applicable to men)
Braids
• Bedouins would • It is obligatory for a man to undo his braids and
maintain the ancient wash the inside. He must do this each time he
Arab culture of men takes a ghusl.
having braids in their • However, women with braids, regardless of
hair. This was NOT whatever the form of the braids, have a
associated with dispensation: they are NOT required to undo their
imitating women – it braids, provided the water reaches the roots.
was a specific style
• The braids are one of the forms of adornment for
for men. women which they do for their husbands. So to ease
• The Prophet (SAW) the burden, she can keep them
wore braids – he
had two on each • There is an issue regarding dreadlocks. The
side of his head, permissibility of dregs is uncertain, as it may be
with the ear challenging for water to reach the roots of the hair.
between them. • Some scholars have allowed it, provided the water
reaches the root of the hair, because it is not
technically a braid. But others have not allowed it.
The Sunnas of the Ghusl
Purposely neglecting the sunna actions continuously can reach • To wash the sexual organs (even if
the level where it becomes sinful, so we should aim to perform there is no noticeable impurities.)
all the sunna aspects of the ghusl, which are: • To make the wudu’ that one makes
• Tasmiyya along with intention. for prayer.
• Begin with washing the hands up to the wrists. • To pour water on the body three
• Wash away any impurity if it is on the body. times–beginning with the head, then
right shoulder, then left shoulder, and
• One would wash away any najasa before beginning the ghusl in
earnest. then the torso and rest of the body.
• The reason why this is a sunnah act of ghusl rather than an • The whole process should be repeated
obligatory act of ghusl is because the action of applying water to 3 times from the beginning (i.e. not
your body during the ghusl would naturally remove najasa anyway, washing each part three times.)
regardless of whether you are actively trying to remove it. • If instead, a person washed each body
Removing the najasa with your hand, as opposed to letting the part 3 times before moving to the next
water wash it away, is an act of worship in and of itself. body part, the ghusl would still be
• Also, if you had najasa on your body after having purified yourself, it valid, but the sunna is to perform the
would not break the wudu’/ghusl. (However, the najasa may need ghusl 3 times from the beginning.
to be removed before you pray salah or read Qu’ran.)
The Sunnas of the Ghusl
• To rub the body (Dalk) with water and wash successively without pausing.
• Rubbing the body does not need to be a vigorous scrubbing. Rather, it is just passing the
hand, or even another object (e.g. cloth), over the body, such that it is in contact with the
moistened area.
• If a person is performing the ghusl in an area using a tub of water, then it

recommended that they wash their feet after they step out of that area, because
if there is any najasa or filth that travels down into the body of water, it could
come in contact with the feet in that bathing area. So it is advised that the person
washes their feet one more time after stepping out of that area.
• Do not have to worry about this in a shower setting because everything goes down the drain.
Ghusl & The Use of Soapy Water
• If the water has a small amount of soap, such that it has not changed the essence (color, smell
or taste) of the water, then you can use it for purification according to the Hanafi madhab.
• This is different in the other schools. In the Maliki school, if there is any perceptible change to the color,
smell, or taste of the water, (and the change is with regards to any one of these three), then this water
would not be considered suitable for wudu’/ghusl. And thus, soapy water is not considered suitable for
purification – it is pure (without najasa), but not purifying.
• In our times, people use soap and water in the shower, but then also perform ghusl. To be on
the safe side you should either A) wash yourself with soap and water as you usually would,
and then rinse off the soapy water before performing ghusl with plain water, or B) perform
ghusl with plain water, and then wash yourself with soap and water as you usually would.
• Do not mix showering with the soapy water and the ghusl together to avoid the difference in opinion.
The stricter/safer view is not to mix these two practices, so it is better to avoid performing ghusl with
soapy water, even though technically according to the Hanafi madhab it is fine to use soapy water
(provided it is only a small amount of soap so that the soap has not substantially changed the essence of
the water.)
Tayammum – The Dry Ablution
• Tayammum is the dry wudu/ablution. It is mentioned in Qur’an in the same
verses that discuss wudu’ - it mentions the permissibility of using pure
earth as an alternative to using water in certain situations. The Prophet
(SAW) said: “The earth has been made for me a place of prostration and a
means of purification, so wherever a man of my Ummah is when the time
for prayer comes, let him pray.”
• This practice is something uniquely gifted to the Prophet (SAW), and this ummah by
extension, to the exclusion of previous nations/prophets and messengers. The
previous nations did not have the option of performing tayammum – they had to use
water to purify themselves, and if there was no water, there was no alternative.
• Note that, if possible, it is better to wait until you can find water instead of
performing tayammum, as long as you’re not waiting to the point of the
time of the prayer leaving.
Tayammum is a dispensation – It is allowed in the place of wudu’ if there is a valid excuse which meets
certain conditions:
• 1) Being roughly at least one Hashimi Mile (1.16 mi/1.86 km–about a half hour walk for an average sized
person walking at an average pace) away from water.
• 2) Extreme cold, such that a person fears a likelihood of illness or damage to a limb if water is used, and
does not have access to any means of heating the water.
• If you have a means to heat up the water, then you cannot use tayammum, and you would have to just heat up the
water.
• Tayammum is only valid if you are legitimately afraid from getting sick (not just uncomfortable) due to the coldness of
the water
• 3) Sickness – fearing that using water will lengthen or worsen or be prolonged by wudu’ or ghusl,
whether due to the water itself of the effort entailed. This must be based on reasonable likelihood:
• A clear sign e.g. what you are currently experiencing in the sickness, such as feeling worse as you are making wudu’
• Past experience e.g. have had the sickness before and previously, the water worsened/prolonged the illness
• Medical opinion from a skilled Muslim doctor who is not openly corrupt (i.e. does major sins openly or they persist
on certain minor sins in a shameful way.)
• 4) Wounds on most of the body.
• If you have wounds on most of your body, you can make tayammum, as the use of water may worsen your condition
if you use water on the areas which are wounded.
• 5) Fear of thirst (for oneself, one’s travel partner, one’s animal, either presently or in the future).
• If there is a small quantity of water, they can save it for drinking, and perform tayammum instead. This can apply in
the situation where there currently a fear of thirst, and also in the situation where there is not currently a fear of
thirst, but there is likely to be a fear of thirst in the future (e.g. further along one’s journey through the desert.)
• Even in today’s times, there are many people who do not have running water, and they have to travel with water. And
you have to be economical with water, especially in desert climates.
• 6) Lack of means to take water out of a well.
• 7) Fear of missing the Funeral Prayer or the Eid Prayer.
• The funeral prayer is very short, and in the time that it takes to make wudu’, there is risk of missing the prayer.
• In the Hanafi school, you cannot make up the funeral prayer if you miss it. But you cannot pray other prayers with this
tayammum – it is only for the funeral prayer.
• For prayers that you can make up on your own afterwards (e.g. in the situation you are running late for Dhuhr salah
in jama’ah at the mosque), you cannot make Tayammum out of worry of missing the prayer.
What to use for Tayammum
• Tayammum may be performed with any pure • Tayammum can be done with: sand, dirt, gravel,
substance of the earth as long as it is not limestone, stones, dust, bricks (made from stone).
malleable and does not turn to ash. • Stone are compressed earth, and if you put stones on fire,
• Malleable – transforms through some kind of they will not turn to ash, and they are not malleable
change, such as heating e.g. metals. • You can even make tayammum with a mud wall, or a wall
• Turns to ash e.g. plantlife and wood. that has a significant amount of dust (from the earth) on it
which can be wiped off. Tayammum can also be made with a
• There is a distinction between what is IN the earth
brick wall – it would be no different from making tayammum
(metals, plantlife), and what is OF the earth (soil,
with a stone. However, you cannot make tayammum with a
rocks, sand etc.)
plain wall that has paint on it, because there is no pure earth
• Grass is not suitable as it can be burnt and turned to directly make contact with.
to ash. But if you strike the grass in order to make
contact with the dirt, then as long as you make • You could also potentially use mud/dust that has built up on
contact with the dirt, it would be fine to make a surface e.g. dust on the windshield of a car.
tayammum with the dirt underneath grass. • The scholars say sand can be used for tayammum (even
This is also applicable in other situations where though technically it can be shaped into glass if heated i.e.
they may be obstructions partially blocking the malleable.)
pure earth substance– as long as you can make
• Note that it is important that the substance that you
contact with the pure earth substance, then it is
fine. Every inch on the surface of the hands does use for tayammum is pure i.e. not contaminated with
not have to come into contact with the pure earth any filth (to your knowledge.)
substance in order for the tayammum to be valid.
Stones/pebbles in mosques or in one’s home
• In many masjids in North Africa (such as Morocco), there is a large smooth
pebble-like stone somewhere (by a pillar, in the corner etc.) These stones
are for people who are coming to the masjid that are sick or for other
reasons, are unable to make wudu’, so they make Tayammum using that
rock. So instead of looking for earth, they just go to that rock and they
perform tayammum with it, because the stone is from the earth.
• Such people may also keep stones/pebbles in their homes for if they’re
sick. If someone is bed-ridden and they have to make tayammum, it is quite
difficult to get out of bed and go outside to find earth on the ground to
strike and make tayammum. So they keep a stone handy in their homes to
perform tayammum with. And this is valid and permissible.
How to Make Tayammum
• 1) Make intention to remove status of ‘ritual impurity.’
• Unlike wudu’ and ghusl, tayammum requires that you make this specific intention.
• 2) Strike the earth (or object) once and wipe the face completely.
• There is some rubbing involved as this is not water.
• The striking of the earth does not have to be done violently – it can just be a tap.
• If you desire, you can remove the excess dust from your hands after striking the earth.
• 3) Strike the earth (or object) a second time and wipe the arms up to and
including the elbows.
• Like in wudu’, the arms also includes the hands.
• In the Hanafi school, the tayammum does not need to be renewed for every
prayer. Whatever breaks the wudu’ also breaks the tayammum.
• In the Maliki school, you have to re-make the tayammum for each salah.
Wounds, Bandages and Casts
• If one has wounds on their body, but their • If one has a broken or wounded limb and cannot wipe
uninjured limbs are more than their injured over it (i.e. the flesh), they may wipe its cast, bandage,
limbs, they must wash the uninjured limbs or dressing as long as the excuse remains, even if the
with water, and wipe the wounded limbs as cast/bandage/dressing was placed while the person was
long as wiping does not hurt them. Otherwise, in a state of major or minor ‘ritual impurity.’
they may leave those limbs, neither washing • The wiping does not have to be with a lot of water – it is just
nor wiping them. passing a hand over the wound or cast/bandage/dressing.
• The main areas of purification include: 2 arms, 2 • Regarding ghusl, these days, a person will cover the injured
legs and head, which is a total of 5. “Uninjured area in some kind of plastic material to protect the injury
limbs are more than injured limbs” means that if, from being exposed to water, and then they just wipe over it
for example, you had a wound on two of these when performing the ghusl.
areas, you have less wounds than you have limbs.
If you have a wound on three or more of these
• If the cast or bandage falls off and the limb has not
areas, then you have more wounds than you have healed, the previous wiping and prayer are NOT
limbs. Thus, the situation being described here is invalidated.
if a person has wounds on three or more of these • If you made wudu’ by wiping over bandage, and then you
areas. went to Dhuhr and the bandage fell off, then your wudu’ (and
• Note that the situation mentioned is describing prayer) is still valid. You do not have to make wudu’ again.
wounds that have been left open & unbandaged
Wounds, Bandages and Casts
• Regarding band-aids, if the wound is minor, then just take the band-aid and wash
the area normally as you would for regular wudu’. But if it is a significant cut that
will cause pain or prolong the healing process, then you can wipe over the band-aid.
• Example: If you got a cut on finger while preparing food, and you put a band-aid on
it, when it is time for salah, are you required to remove the band-aid? Or can you
wipe over it?
• If removing the band-aid will cause the wound to not heal properly, or prolong the healing of the
wound, you can keep the band-aid on. During wudu’, you can just wipe over this area, regardless
of whether or not the band-aid was applied when you were in a state of wudu’.
• If you can take it off and wash it without seriously affecting the wound, then you should do so.
4.4) Fiqh of Purification: Impurities
& Rulings of Wiping over Footwear
10/6/2022
Learning objectives
• Wiping footwear
• The impurities and how to remove them
Wiping footwear
• The word “footwear” is intentionally ambiguous
because the Arabic phrase means “wiping over the
khuff.” “Khuff” is often translated as “leather socks,”
and although this is accurate, the khuff applies to more
than just the leather sock – it applies to things that
have the same description as a leather sock.
• Wiping khuffs is a dispensation (rukhsa) conveyed to us from the Prophet (SAW) through
mass-transmission (tawatur).
• Tawatur means the report has been transmitted so many times that it has the same textual
authority as the Qur’an. The topic of wiping over footwear is mentioned in books of ‘aqida
because in earlier times, there were people who denied the validity of wiping over footwear, even
though there were mass-transmitted hadith regarding it.
• Because it is a dispensation, wiping over footwear can only be performed under certain
conditions.
Wiping footwear
• Wiping over the khuffs is a replacement for
washing the feet, thus water must not reach
the feet while wiping, since that would mean
they are no longer serving as a replacement.
• Some madhahib are more strict while others are more lenient with rulings
regarding wiping over footwear. The Hanafi madhab lies somewhere in the
middle regarding these rulings.
• The Maliki school is the strictest, as it holds the position that you can only wipe over
leather socks. Imam Abu Hanifa originally also held this view, but two of his students
presented evidences and this changed Imam Abu Hanifa position on the matter.
Conditions for Footwear
• 1) Must be ‘thick material’ such as leather, wool, • 5) One can walk in them at least (approximately)
etc. 3.48 miles (5.6 km) –a farsakh– without their
• 2) Due to their thickness, they remain on the foot tearing aside from small holes.
without having to be tied (with the exception of a • Holes often develop in footwear in places where a
person applies the most pressure when walking in
zipper, which is attached to them). them. And so it is possible that if a person where to
• It has to be a functional piece of footwear – not just a walk the distance of a farakh, they may get holes in
make-shift thing that a person just wraps around their their footwear, especially if walking over rough
feet. terrain. However, if the holes are small, then this is
fine. But the tearing should not be the size that is
• 3) They are not see-through.
greater than 3 toes.
• If it is see-through, then water can penetrate through
it and reach the foot, which defeats the purpose of • 6) Water does not seep through them when
wiping. wiping.
• 4) The completely cover the foot, up to and • If you drip water, then it is not penetrating through
the footwear. If water can reach the foot, then that
including the ankles.
footwear is not suitable for wiping.
• The ankle cannot be exposed. In regular wudu’, the
• Thus, leather socks, weatherproof socks, and even
ankles must be washed, so the footwear must also
thicker wool socks are suitable.
cover the ankles.
Rulings for wiping
• 1) One must have completed wudu’ before putting on the socks.
• 2) A resident may wipe them for a day and a night [24 hours]. A traveller may wipe them for three
complete days and nights [72 hours]. (After time has expired, one must remove the khuffs and wash
the feet alone.)
• 3) The time during one may wipe them begins from the moment wudu’ is broken, after having worn
them in a state of ritual purity.
• Example: You make wudu’ at 7am in the morning, then you wear the khuffs, then your wudu’ breaks at 10am
while you are at work. At 1pm for Dhuhr, you make wudu’ and wipe over the khuff. Because your wudu’ initially
broke at 10am, the time allowed to wipe over the khuffs would expire at 10am the following day.
• This is the more conservative view. Some other madhahib hold the position that you are allowed to wipe over the
khuffs for 24 hours after you first wiped over them.
• 4) Each khuff must be free of holes that, if combined, would be equal to the surface area of one’s
three smallest toes. If the holes are less than that area, it is still valid to wipe them.
• 5) When wiping, one should moisten their fingers with water, and then wipe with the fingers spread
apart, beginning at the toes, wiping upward toward the shin.
• You only wipe the top of the socks, not the bottom.
• You can do it with each hand over each foot simultaneously, or do one foot and then the other.
What Invalidates Wiping
• 1) Anything that breaks wudu’.
• 2) Taking one or both off.
• 3) The expiration of the time period.
• 4) Most of one foot leaving a khuff.
• NOTE: When making wudu’ by wiping over the khuffs, try to wipe
over the khuff as soon as possible. The time for wiping should not
take longer than the time it takes a limb to dry under average
(temperature) weather conditions (i.e. about 5ish minutes.)
Can we wipe over these?
NOTE: When discussing if water will penetrate through a sock, we mean that if you dripped some
water over it, or if you wiped over it with wet hand, would it reach the foot or not. We do not
mean that the sock is completely waterproof if you opened the faucet on full blast over the sock.
• Yes, these are waterproof socks.

• Yes. These are thick woollen socks, and
(However, they also should be durable
water usually cannot penetrate this.
enough that you could walk about 5.6km
in them without serious tears.)
Can we wipe over these?
• No. These socks are sheer • No. Water can penetrate through
(see-through), and water can these socks, and they are not
penetrate through them. above the ankle.
Many people hold the incorrect view about
wiping over socks
• Unfortunately, there are some people who take a very liberal view
when it comes to wiping over socks, and have no problem wiping
over the typical ordinary cotton socks, even though water gets
through them.
• They use the authentic hadith incorrectly to validate this opinion. But the
type of sock that is being referred to in this hadith has certain qualities that
makes them permissible to wipe over.
Wiping over shoes
• The books of fiqh mention a type of shoe which would be worn over the khuffs in
cold weather – like a boot (which covers the ankle). You can wipe over these
boots, but the same conditions apply to them as apply to the khuffs. So you have
to put the boots on over the khuffs while you are in the state of wudu’.
• If you make wudu’, and then you put on the khuff, and then you broke your wudu’, and then
later on put on the shoes, you would not be able to wipe over the shoes – you would wipe
over the khuffs.
• It is permissible to pray with shoes on as long as there is no najasa/impuries on
(the bottom of) them.
• The Prophet (SAW) and sahaba would pray inside the masjid with shoes on. The surface of
the masjid was sand/dirt/rock. If anyone had (solid) najasa on their footwear they could
remove it by scraping the bottom of the footwear on the ground before entering the masjid.
• In our times, because the porous surface of carpets and such, we typically do not enter (the
prayer area of) masjids with shoes on to avoid making the carpets dirty. But if someone is out
somewhere, it is valid to pray with shoes on as long as they are free of impurities.
When the time for wiping over the socks expires
• If the time for wiping over the socks expires (i.e. it has been 24 hours
since your wudu’ first broke after you put on the khuffs), and you are
already in the state of wudu’, then you do not have to make wudu’
again from the beginning. All you do is remove the khuffs and wash
your feet.
• If the time for wiping over the socks expires, but you are not in the
state of wudu’, then you should perform the wudu’ again from
beginning.
Impurities (Najasat)
• A condition of salat is that your body, • There are two types of najasa:
clothing and your place of prayer are free of • 1) Heavy (mughallaza)
najasa. • 2) Light (mukhaffafa)
• Najasa cannot be on your body, clothes or
• This distinction is only with respect to the
place of prayer in order for the salat to be
valid. amount of najasa that is excused for Salat.
• Some najasa are allowed in minute amounts,
• Najasa is a substance which is ritually while others are not allowed in minute
impure. amounts.
• A human being cannot be considered “najas”,
• Both heavy and light forms of najasa are
but rather, a person can be in a state of ritual
impurity. And they can remove the status of equal in rendering liquids impure.
ritual impurity through • So regardless of whether a najasa is heavy or
wudu’/ghusl/tayammum. light, if it is mixed or enters some liquid, then
the entire thing is naajis.
Excusable Amounts of Najasa
• The amount of heavy filth that is excused for prayer is the size of a dirham (silver coin) [about 3-5
cm in diameter]. Although excused, it is disliked.
• The amount of light filth that is excuse for prayer is what comes into contact with less than a
quarter of one’s dress or body. (E.g., quarter of one’s sleeve, quarter of one’s scarf, quarter of
one’s hand, etc.)
• A light spray of urine is excused if the size of each dot is no larger than a pin-sized needle. (The
legal reasoning is that such a spray is difficult to avoid).
• It is best to avoid relieving oneself on hard rock to avoid urine from splashing on you. Soften/break up the
earth first with a stick before relieving yourself to avoid this, if you are able to.
• In some of the madhahib, these kinds of allowances are helpful to those who work in
environments where they often encounter najasa (e.g. farmers, janitors, some kinds of healthcare
workers.) But otherwise, we should avoid knowingly praying with any kind of najasa on us or in
the prayer area.
Heavy (Mughallaza) Imurities (Najasat)
• 1) Spilled blood from humans and animals (excluding what remains in the meat and vessels of an animal
slaughtered according to Shariah (dhabh).
• If human or animal blood spills on your limb or clothes, then this is naajis. This also applies to your own blood. Your own
blood is not naajis while it Is in your body, but once it has exited/spilled from your body, it becomes ritually impure.
• If the blood is shed during slaughter, that would be impure, but if there is any blood leftover within the meat after it has
been drained, then that is pardonable.
• NOTE: There is no actual blood in raw meat (that has been drained.) The ‘blood’ in meat is not blood, but myoglobin,
the protein that delivers oxygen to an animal's muscles. If a person was to cook a steak very very very rare, and it
appears to be bloody, that is not actually blood and it is permissible to eat it. The verse prohibiting the consumption of
blood refers to ‘flowing blood’ from the animal.
• 2) Feces (of any land animal, predatory or otherwise).
• 3) Wine (and any intoxicating drink).
• 4) Sperm or sexual fluid (mani).
• Male or female.
• 5) Urine
• 6) A mouthful or more of vomit
Light (Mukhaffafa) Imurities (Najasat)
• 1) Urine of animals whose meat is permissible to eat.
• E.g. cows, goat, sheep
• 2) Urine of horses.
• There is a difference of opinion between scholars regarding the permissibility of
eating horse meat. In some regions of the world, horse meat is common to eat. The
sounder view is that it is permissible. But the urine of horses is considered light
najasa because of the use of horses for travel and other uses – it is a blessed animal.
• 3) Droppings of birds whose meat is not permissible to eat (predatory birds

like eagles, falcons, and hawks).
• If an eagle was to fly over you and excrete on you, that would be a light najasa
Visibility of Impurities
In terms of visibility, there is a) discernable filth and b) indiscernible filth:
• Discernible filth is that which can be seen after having dried (such as
blood, feces).
• Indiscernible filth that which cannot be seen after it has dried is (such
as urine).
Removing Impurities
• REMOVAL OF DISCERNABLE IMPURITIES: A • REMOVAL OF INDISCERNIBLE
place with discernable filth is purified by IMPURITIES: A place with
removing the filth (even if washed only once), indiscernible filth is purified by
except ‘what is difficult to remove,’ i.e. any filth washing and squeezing the area
that requires the use of other than water, such three times.
as soap, to remove its traces (color or smell). • Example: cleaning a child’s clothing
• For that which is ‘difficult to remove’ (without the that is soiled with urine
use of cleaning agents,) the impurity can be washed • If the area cannot be squeezed
more than once (using whatever cleaning substances
(carpets, pottery, etc.), then it is
are required to remove the it.)
purified by washing three times,
• A cleaning wipe which contains some liquid cleaning
agent could also be used to remove the impurity. and waiting between each wash
• If you cannot remove the traces or stain from the until the water stops dripping.
impurity, then that is pardoned.
Case Study: Can A Washing Machine Be Used
To Remove Impurities?
• FOR DISCERNABLE IMPURITIES: If the washing machine • INDISCERNIBLE: If the washing
goes through at least two rinse cycles (with pure water), machine goes through three
then one may clean their clothes with impurities rinse cycles (with pure water),
without a preceding handwash. then one may clean their
• The reason for the two rinses is that: the first rinse gets out clothes without a preceding
the filth and detergent, and the second rinse with pure handwash. If it is two rinse
water completes the purification process. cycles, one must do a single
• To remove discernable impurities, you do not need to wash preceding handwash and wring
three times. You only need to wash as much as needed to it out before placing it in the
remove the filth to an adequate extent.
washing machine, so the total
• After one has removed the blood stains and washed the number of washings is three.
garment, whatever remains that cannot be removed is
excused (Ibn ‘Abidin). What is required, according to the
jurists, is al-zann al-ghalib (pre-dominant/strong
presumption), not absolute certainty.
Pure substances can be used to remove najasa
• For wudu’ and ghusl, water must be pure (no najasa) AND purifying.
But najasa can be removed by substances that are just pure – they do
not have to be purifying.
• An area with filth may be cleaned by ‘used water’ or any liquid that, by
its nature (thin & flowing), removes filth. (E.g., rosewater, vinegar)
• ‘Used water’ is water that has previously been used to make wudu’ or ghusl.
• You cannot remove najasa with a substance like olive oil, because although it is
a liquid, it would actually trap/spread the najasa more than it would clean it.
Animal hide
• The hide of any dead animal is purified by tanning (with
chemical agents or other means). The only exception to this
is the skin of pigs and humans.
• Animal hide is used in leather goods – bags, belts, wallets, shoes etc.
• Human beings are honoured by Allah (SWT).
• For an animal that can be eaten (e.g. cow), if it has been slaughtered
according to shar‘i conditions, there is no need for tanning and the
animal skin becomes permissible from the slaughtering. But if it was
not slaughtered in a shar’i manner (i.e. slaughtered by non-Muslims),
then the hide is only permissible to use/wear after tanning.
• Pig skin cannot be purified through tanning because its essence is Pig skin leather
impure. Pig leather has a very obvious pattern – it is quite porous.
We should not use/wear pig leather.
Miscellania
• A leather sock or shoe may be purified by scraping or rubbing the
affected area on the ground with dirt, if the filth on it has a solid body.
• The ground (earth) is purified by drying as long as no trace of filth
remains visible.
• If there was some urine on the earth, but it has dried, the earth is pure, as long
as the filth cannot be seen.
Quiz
• 1) How do you purify a carpet that has a urine stain on it?
• Wash three times, waiting for the water to stop dripping after each wash.
• 2) If a baby has soiled pants (with urine), can the impurity be removed via a washing machine? If so, how?
• Yes, the washing machine should go through three rinse cycles (with pure water.)
• If the washing machine only has two rinse cycles, then you should do a single handwash and wring it out before using
the washing machine.
• 3) If there is a blood stain on shirt, can the impurity be removed via a washing machine? If so, how?
• Yes. Even one rinse cycle through the washing machine is enough for discernable impurities like blood. If the blood stain
is difficult to get rid of with one washing in pure water, then cleaning agents and subsequent washes can be performed.
• If after washing several times, there is still some discoloration from the blood stain, that does not mean the garment is
impure. This residual stain is pardoned.
• 4) You found impurities on your shirt sleeve and you don’t have water. Can you purify it with vinegar?
What about using olive oil?
• You can purify the garment using vinegar instead of water, as the nature of vinegar (thinness & flow) is like that of water.
Substances used to make wudu’/ghusl have to be pure and purifying, but substances used to remove najasa only need to
be pure.
• You can not purify using olive oil because its nature is not like water, and it would actually spread the impurity rather
than remove it.
Quiz
• 5) You prayed Dhuhr and then found a blood stain on your shirt? What should you do?
• If the size of the impurity is smaller than a dirham (silver coin, between 3-5cm), then this is excused. But if the
stain was larger than this, then you would have to repeat your prayer.
• 6) You went to a petting zoo and goat urine stained your pants. Can you pray with it on you?
• It depends on how much sprayed on you, as goat urine is considered light najasa. If less than a quarter of the pants
were stained, then it is permissible to pray. If more than a quarter of the pants were stained, then the najasa
needs to be removed prior to praying.
• 7) Can you pray while wearing a belt made of pig skin?
• No. Pig skin cannot be purified by tanning, so we cannot wear or use it.
• 8) Can you pray while carrying a leather wallet from a cow that was not slaughtered according to the
Shariah?
• Yes, because even though the cow was not slaughtered according to the Shariah, the leather has been purified
through tanning. (And if it was slaughtered according to the Shariah, then the animal hide is pure even without
tanning.)
• 9) How do you purify a leather sock or shoe whose bottom has an impurity on it?
• Scrape the bottom of the shoe along the ground
Bathroom Etiquettes &
Purification specific to Women
17/6/2022
Learning Objectives
• 1) Bathroom etiquette, washing.
• 2) Menstruation, post-natal bleeding, and irregular bleeding
Bathroom Etiquette & Cleaning
• 1) After urination, a man must ensure that no • 4) One may use water or a stone or toilet paper
drops of urine remain in the urethra (istibra’), (not paper with writing) to remove the filth.
until no trace of wetness appears, as it will • Any paper with writing (even a newspaper) should
prevent the validity of wudu’. not be used, out of respect to the writing. (Writing is
a gift from Allah [SWT] that has allowed for
• 2) For women, they need only remain still for a knowledge to be conveyed.)
moment after urination and then may clean
themselves. • 5) It is recommended to use the water or solid
substance three times, or an odd number of times
• 3) If the filth has moved beyond the exit hole and if more is needed.
is more than what is excused, it is fard to remove • E.g. 3 stones, 3 handfuls of toilet paper etc. And if you
it with water or a liquid that removes it. need more, you can use more.
• Certain amount of filth that may escape or remain
• 6) The optimal method is to wipe with a solid
may be pardonable as long as it does not go beyond
the exit point. (toilet paper and the like) and to wash with water.
• To avoid doubt, it is better to use water to clean • It is ideal to use a solid substance along with water.
yourself. If water is not available, then an appropriate Otherwise, one should just use water. And if there is
solid substance can be used. no water, then just use the solid substance alone.
Bathroom Etiquette & Cleaning
• 1) It is disliked to clean oneself with a bone, food, or anything of value like silk or cotton.
• People living in remote desert environments do not have a lot of water, and they would want to use a solid object to clean themselves,
but there may not be a lot of stones, so they would often use bones of animals for that purpose. This was prohibited, as the Prophet
(SAW) said that the (sustenance within the) bones are the food of the jinn.
• 2) It is disliked to use one’s right hand for cleaning oneself.

• 3) One should enter the bathroom with their left foot and exit with their right foot.
• 4) One should not face the qibla or turn their back to it while relieving themselves.
• This is based on a hadith from the Prophet (SAW.)
• If you are in a place where your back is towards the qibla but there is a barrier/wall, then some scholars allow this. (This is referring to
a time before indoor restrooms, so people would relieve themselves in a designated outdoor area.)
• 5) It is disliked to urinate standing unless there is a reason (injury, etc.)

• It is not absolutely haram, just disliked. But care should be taken to make sure that the urine does not splash on you or your clothes or
the floor. A potential solution is flushing as one begins urinating.
• It may also be better to stand in situations where the toilet is filthy.
• When urinating while standing in outdoor situations, you should avoid doing so in areas where people congregate, under a tree where
people would sit or pass by, near any water source. And whether urinating while standing or squatting, it is advised not to urinate on
ground which is hard as that could result in splashing.
Hayd, Nifas & Istihada
ِ ‫النساء ِنساء اْلَنص ِار َلم ي ُكن يمنعه َّن اْلحياء أَن يتََفَّقهن ِفي‬
ِ ‫الد‬
‫ين‬ ِ ‫ِنعم‬
َ ْ َ ْ ُ ََ ُ َُْ َ ْ َ ْ َ ْ ُ َ ُ َ َْ
‘A’isha (Allah be pleased with her) said, “How excellent are the women of the Ansar! They do not
allow shyness to prevent them from seeking an understanding of the religion.” (Sahih Muslim, The
Book of Menstruation)
• The Ansari women would go to the Prophet (SAW) first, and then go to ‘Aisha (RA) to inquire
about the finer details of menstruation and female issues. The Ansari women had so much haya
(modesty), but it did not prevent them from learning fiqh.
• It is somewhat awkward for a man to teach the fiqh of menstruation, postnatal bleeding and irregular
bleeding in the presence of women. Even when women would come to ask the Prophet (SAW) about such
intimate matters, he had haya, and so he would direct these women to ask ‘Aisha (RA.)
• In this course, we learn the bare minimum about these matters, but sisters are encouraged to study this area
and attain a level of mastery in it so that they can be a resource for the ladies in the community, and these
issues can be addressed in a discreet and private manner, and without seeking the information from a man.
Hayd, Nifas & Istihada
• 1) Menstruation (hayd): ‘Blood that exits from the uterus of a woman free from disease
or pregnancy, after the age of adolescence.’
• This excludes: (a) blood that does not exit from the uterus; (b) blood that exits due to a disease; (c)
blood that exits prior to puberty (in the Hanafi school, the minimum age of puberty for girls is nine
lunar years); (d) blood that exits during pregnancy (istihada).
• 2) Postnatal bleeding (nifas): ‘Blood that exits after delivery, or after most of the baby
has exited.’ (Before most of the baby has exited, any blood seen is deemed ‘irregular
bleeding’ [istihada].)
• ‘Most of the baby’ means the baby’s chest, if the baby is exiting headfirst.
• 3) Irregular/Chronic bleeding (istihada): ‘Uterine bleeding that is neither from
menstruation nor post-natal bleeding.’
• This is the default for bleeding which is not menstruation or postnatal bleeding.
• 4) Unclassified or corrupted blood (dam al-talq wa fasad): The bleeding after a womb
scrape which is not classified as menstruation, post-partum, or irregular/chronic bleeding
Menstruation
• The minimum duration of menstruation is three days (72 complete hours). Its maximum
is ten days (240 complete hours.) Its average is between the two, i.e., five days.
• It is not a condition that bleeding during the ten days be continuous; any break within
the possible days is deemed menstruation in retrospect.
• If the bleeding is for less than three days, or more than ten days, it is not menstruation,
but rather irregular bleeding (istihada).
• It is imperative that a woman record her menstrual habit as well as any other blood she
sees in order to correctly apply related legal rulings.
• During the period of menstruation–meaning its maximum ten days–any color that is
seen, as well as intermittent breaks from bleeding within the ten days–is considered
menstrual blood.
• During the menstruation, one is prevented from praying or fasting. The Ramadan fasts
must be made up, as opposed to the prayers.
What is Unlawful During Menstruation
• 1) Sexual intercourse • 6) Touching a copy of the Qur’an unless with
• 2) Tawaf (valid but prohibitively disliked) a non-attached barrier.
• This applies to barriers that are NOT glued or
• 3) Entering the masjid (even if only to pass through) otherwise physically attached to the mushaf
• There is a distinction between Musalla (i.e. the area which is such that it cannot be removed.
dedicated for salat) and common areas not considered the • Something like a carrying case is fine. It would
Musalla. So when a women menstruating, it is unlawful for her also be fine to wrap the mushaf up in a cloth,
to enter the Musalla area of a masjid. It is fine to be in other as the cloth is separate from the mushaf.
areas of the masjid (conference room, hall, social areas, kitchen,
bathroom, classroom etc.)
• We do NOT say ‘prayer is unlawful.’ Rather,
• 4) Being touched from below the navel to below the knee menstruation ‘drops’ the obligation of salat.
(without a cloth or barrier) • A menstruating woman cannot fulfil the
requirement of wudu’
• 5) Reciting the Qur’an.
• There is a difference of opinion regarding this. In the Hanafi • We do say fasting is unlawful during
school, reciting Qur’an while menstruating is not allowed, unless menstruation, but we do NOT say it ‘drops’
the person is reciting verses of praise, supplication (du’a), etc., the obligation of fasting, because women
but without the intention of recitation (so NOT tilaweh.) must make up the days of Ramadan they
• The more lenient (Maliki) view is that women can recite Qur’an missed while they were menstruating.
while menstruating, as long as they are not touching the mushaf.
Minimums and Maximums
• In the Hanafi school, the minimum duration of menstruation is three days
(72 complete hours.) Its maximum is ten days (240 complete hours).
• Two menstrual periods cannot come right after each other; there must be
a ‘period of purity’ (Tuhr) of fifteen complete days (360 hours) or more
between them. One must have a menstrual period, then a complete Tuhr,
then a menstrual period, for the two to be valid.
• Example: A woman sees 7 days of blood, then 20 days of Tuhr, then 7 days of blood.
• The blood flow does not have to be continuous to be menstrual. The
beginning and end is what determines menstruation.
Determining the End of the Period
• The period ends with normal white or clear vaginal discharge, or with the absence of any
discharge at all.
• Pads and other sanitary products may be used, but cannot be depended on to determine
the ‘legal color of discharge’ when one needs to determine the end of their period.
• This is because sanitary products are considered to be far from the exit point, resulting in the
discharge easily coming in contact with air, which often results in oxidizing and the color changing.
Therefore, one may see strands of color where there would in fact not have been any color at all.
• The manner of determining the end of the menstrual period is by inserting a folded piece
of tissue paper/cloth (kursuf) between the inner labial lips approximately ninety minutes
before the end of the prayer time. If one sees a clear or white discharge upon removal,
the menstrual period has ended, and one should perform the ritual bath and pray.
• One should NOT rely on seeing only white/clear discharge on the pad, as this could mean the
actual period ended earlier than when the pad displayed only white/clear discharge.
• The default is that anything but the clear discharge is considered blood.
Irregular/Chronic Bleeding
• The minimum duration for a period is three days (72 hours), and its maximum
duration is ten days (240 hours). Bleeding which is less than the minimum or
more than the maximum is considered irregular/chronic bleeding (istihada).
• If a women bled for less than 3 days (2 days), and during this period she stopped praying
as she thought she was on her period, then she will have to make up the prayers she
missed for those 2 days, as the bleeding was istihada and not her period. (There is no sin
on her for having missed those prayers because she thought she was menstruating – but
she does need to make up the prayers she missed.)
• There must be at least fifteen days of purity between the end of one
menstrual cycle and the start of the next. Any spotting or bleeding during this
time is also irregular/chronic bleeding.
• A woman experiencing irregular/chronic bleeding prays and fasts, and the rest
of the rulings apply to her. She must make wudu’ for each prayer.
A woman generally knows how long her
period normally would last…
• A woman either has a regular period (between 3-10 days) or she does not.
• “Regular” here is in reference to the number of days of menstruation e.g. a particular
woman may know that her period normally lasts for 7 days.
• A young woman who just got her first period does not yet have an established
pattern to determine how long her menstruation cycle will last. Her ‘estimated cycle’
is ten days, so any bleeding after ten days is considered istihada.
• For example, a woman who normally menstruates for seven days will have
a minimum of fifteen days of purity between her two cycles:
• CYCLE: 1, 2, 3, 4, 5, 6, 7
• PURITY: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15
• The number of days of purity could be much more than 15 days – 15 days is only the
minimum number.
The duration of menstruation is the number of
days for a woman’s normal menstrual cycle, and
exceeding it, up to a total of 10 days
• If a woman normally has a seven day cycle, and her cycle then exceeds
seven days and ends at day ten, her ‘regular cycle’ moves to ten days:
• REGULAR CYCLE (for the woman in this example): 1, 2, 3, 4, 5, 6, 7
• ADDED DAYS: 8, 9, 10
• All of the 10 days are considered menstruation, and she is not required to
make up many prayers.
• 10 is the maximum number of days that can be considered menstruation.
For bleeding that exceeds 10 days, every day of bleeding
that exceeded the number of days of a woman’s typical
menstrual cycle is considered irregular bleeding
• If a woman normally has a seven day cycle, and her bleeding exceeds
seven days, and then continues to exceed ten days, then ALL of the
days past her regular seven day cycle are considered irregular
bleeding (istihada):
• REGULAR CYCLE (for the woman in this example): 1, 2, 3, 4, 5, 6, 7
• ADDED DAYS: 8, 9, 10, 11, 12, 13 → ALL of these days are now considered
istihada. She must make up the prayers and fasts from days 8-13.
• A woman is not sinful for having missed her prayers while she was bleeding,
since she was menstruating, and only later discovered that her bleeding was
irregular. But once the bleeding ends, she is required to make up the prayers
she missed for the days of irregular bleeding (istihada.)
Postnatal Bleeding (Nifas)
• Postnatal bleeding is blood that discharges after giving birth. The
maximum number of days a woman may experience postnatal
bleeding is forty days.
• Any bleeding beyond forty days is considered istihada.
• A woman will be required to make up prayers for the days that exceed the
forty days.
• There is no fixed minimum for postnatal bleeding.
There is complexity in these matters…
• What is mentioned here in this course is just the bare minimum, and there are
books which go into a lot of detail, mentioning various kinds of situations and
what one should do if they are in that situation.
• If a woman requires clarification for a particular situation that she is experiencing,
then she should describe it in proper detail to a person who is learned in such
matters, and get an answer that is applicable to their specific situation. An
individualized answer helps to remove doubt and confusion.
• It is important that our community has sisters who master this area of fiqh at an
advanced level, beyond the beginner and intermediate level, so that they can be
a resource for the sisters, and sisters can discuss these matters with privacy and
discretion.
5.1) Fiqh of Salat (Prayer): Importance,
Unique Effects, Warnings on
Neglecting/Abandoning it
15/7/2022
Meanings of ‘Salat’
• From the root letters: ‫ل‬ ‫وص‬
• Linguistic meaning: supplication (du’a).
• 1) Tasliyya—which means ‘to make something stand aright’ (taqwim).
• 2) Sila—which means connection, as it is the connection between the
servant and his/her Creator, and abandoning Salat cuts that connection.
• 3) Means of Wusul—arrival—to Jannah.
• Imam ‘Ali once asked, “Do you know why Salat was called Salat? Because it is the
means by which a servant arrives (yasil) unto Jannah.”
• Legal meaning: Specific words and specific actions that begin with the
opening takbir and end with the concluding salams.
Virtues, Properties, Effects of Salat
• Salat gathers the worship from the heart, tongue, and limbs.
• 1) Heart: intention, sincerity, humility, awe, vigilance.
• 2) Tongue: Takbir, Tahmid, Tasbih, Tahlil, Tasliyya, Tilawa al-Qur’an.
• 3) Limbs: Standing, bowing, prostrating, sitting, facing qibla.
• Prayer was legislated by all of the previous Prophets for their nations.
• Prayer is the greatest of the bodily obligations legislated by Allah (SWT).
• Prayer is mentioned over 100 times in the Qur’an—commands to perform it,
praise of those who establish it, and warnings toward those who neglect it.
• Prayer is the first physical obligation legislated after tawhid.
• Prayer is the last of the signs of the religion to leave. Abu Umama al-Bahili
related: ‘The Prophet (SAW) said, “The bonds of Islam will be broken one by
one, and each time one is broken the people will grasp onto the next. The
first bond to break will be hukm, and the last one to break will be the
prayer.” (Ahmad)
• Hukm here means the proper Islamic authority
• Upholding the prayer was the last counsel given by the Prophet (SAW) before leaving
this world.
• The mention of salat as one of the last speeches given by the Prophet (SAW) highlights the
importance of the salat.
• Prayer is the foundation-pillar of the religion (‘Imad al-Din).
• If a Muslim is struggling in various ways, they will (hopefully) eventually get better. But if they
abandon salat, then everything else seems to crumble along with it.
• Prayer is the first act over which we will be questioned on the Day of Judgement.
• Salat is the means of being elevated in this life and the Next.
• Salat is a healing for bodies and souls: “Indeed, in prayer there is healing.” (Ahmad)
• Establishing the prayer causes one to receive the guarantee of Allah (SWT) to enter
Jannah.
• Prayer is a means of seeking help: “Seek assistance with prayer and patience.”
• Prayer is a delight for the souls: “My delight was placed in prayer.”
• Prayer wipes away sins: “‘Do you think that if there was a river by the door of one of
you and he bathed in it five times a day that there would remain any dirt on him?’
The Companions answered: ‘There would not remain any dirt on him.’ The Prophet
(SAW) said: ‘That is how it is with the five daily prayers; through them Allah washes
away the sins.’” (Bukhari)
• There is a difference of opinion among scholars about the extent of forgiveness. Does this hadith
mean that the salat washes away the major and minor sins, or just the minor sins? The majority
of scholars say that is wiping away just the minor sins. In fact, one of the conditions of having
the minor sins forgiven is avoiding the major sins.
• However, one who make tawba for the major sins, and establishes all their salat, almost
guarantees that their sins are forgiven.
• There are a lot of sahaba whose names and stories are unknown, and there are ahadith
which mention the experiences of unnamed sahaba. Some scholars may try to find other
narrations in order to identity the sahabi, and sometimes they find it and sometimes they
do not.
There is one such hadith like this from a sahabi who was a young man, who came to the
Prophet (SAW) and said, “Ya Rasulullah, I am doomed. I’ve ruined everything in my life.” And
the Prophet (SAW) asked him what was wrong, and the sahabi confessed that he has been
spending some time along with a young lady and this led them to kiss each other. And the
sahabi was very worried about having committed this sin, and thought he had messed his
life up. The Prophet (SAW) asked the sahabi if he had prayed the morning prayer in jama‘ah.
The sahabi said, “Yes.” Then the Prophet (SAW) asked the sahabi if he prayed the other
prayers, and the sahabi replied, “Yes.” Then the Prophet (SAW) said: “Have you not heard
the words of Allah – the good deeds wipe away the bad deeds.”
• So the Prophet (SAW) gave the sahabi the glad tidings that establishing your salat wipes away sins. It
is not an excuse to commit sins (obviously), but it wipes away the effects of the sins.
“Prayer is light…”
• The Prophet (SAW) describes the prayer as light (nur.) • Prayer leaves a physical,
• This is a spiritual light–guiding people to what is right, polishing perceived light on the faces of
the soul (“Verily the prayer prohibits indecency and evil.”) believers. The Qur’an mentions:
“Their identifying feature is on
• The effects of prayer manifest as a physical light with which their faces from the traces of
one crosses the Sirat (bridge) on the Day of Judgement: prostration.”
‫ٰك ُم ٱْلَي ْ ََم َجَّنـ ًٰۭت‬ ِ ‫ َرُُم َب ْي َن أ َْي ِد‬
ُ ‫يه ْم َوِِّأ َْي َمـِٰن ِهم ُب ْش َرى‬ ُ ‫ٰت َي ْس َع ٰى ُن‬ ِ ‫ي َم تَرى ٱْلمؤ ِمِنين وٱْلمؤ ِمنـ‬
َ ُْ َ َ ُْ َ َ َْ • This is kind of physical, but it is of
‫يم‬ ِ ِ ٰ ِ ِ ِ ِ ِ
ْ ‫تَ ْج ِرى من تَ ْحت َها‬
ُ ‫يها ۚ َذل َك ُُ َ َ ٱْلَف ْ َُز ٱْل َعظ‬ َ ‫ين ف‬ َ ‫ٱْل َْن َهـ ُٰر َخـٰلد‬ spiritual origin. It is not the
“On that Day you will see believing men and women with their light prostration mark on the forehead.
shining ahead of them and on their right. They will be told, ‘Today you • Nur is light without burning. Nur
have good news of Gardens, under which rivers flow, for you to stay in is soothing light, which is why
forever. This is truly the ultimate triumph.’” [57:12]
Salat soothes the soul.
• Those with more Iman and good deeds will have more light to help
guide them across the Sirat. • This hadith is unrestricted, thus
• There are narrations about people who will cross the Sirat, and they prayer is light in this life and the
will be stumbling, and then their Salat comes and stands them up and next.
ushers them across.
Effects of Salat
• Salat strengthens the person to leave evil: “Indeed, • Salat refines one’s character:
‫ َعا‬ ِ ِْ ‫ِإ َّن‬
ً ‫نسـ َٰن ُخل َق َُُل‬
َ ‫ٱْل‬
prayer prohibits one from indecency and evil.”
• ‘Prohibit’ here means the prayer strengthens one’s
‫وعا‬ َّ ‫ِإ َذا م َّس ُه‬
ًًۭ ‫ٱلش ُّر َج ُز‬
awareness and makes them more sensitive to the َ
harms of sin and evil.
‫ َعا‬
ً ‫َوِإ َذا َم َّس ُه ٱْل َخ ْي ُر َمُن‬
• “Prayer is a light,” and the stronger the light ِ ‫ِإ ََّّل ٱْلم‬
‫ين‬
َ ‫صل‬ َُ
(through presence of heart), the more sin and evil
‫ص ََلِت ِه ْم َداِئ ُم َ َن‬ ‫ى‬ ‫ل‬
َ ‫ع‬ ‫م‬ ُ ‫ين‬ ِ ‫َّٱل‬
‫ذ‬
are banished, because light banishes darkness. َ ٰ َ ْ ُ َ
• Light and darkness cannot co-exist. “Man was created restless.
• The more presence of heart you have in salat, the more Touched by adversity, he is fretful.
nur you, and thus the more you banish darkness. This is Touched by good, he is ungenerous.
something that can be felt when you have knowledge
and practice that knowledge. And then work with
Except the prayerful.
having presence in the prayer. (The real struggle is in Those who are constant at their prayers.”
establishing consistently over the course of your life, [70:19-23]
and having presence in the prayer.)
Effects of Salat
• The angels pray for the one who offers Salat. “As long as one of you is in prayer,
the angels supplicate for him, saying, ‘O Allah, forgive him; O Allah, have mercy
upon him,’ as long as one has not left the prayer or broken his wudu’.” (Bukhari)
• The du’a of the angels are answered.
• This hadith is an encouragement for us not to rush our prayers, as the longer we are in
prayer, the more du’a the angels can make for us.
• Prayer takes a physical form in the grave and protects the deceased person.
• There are various ahadith which mention certain righteous actions that take on a physical
form in the hereafter – either interceding for the person, or protecting them from
punishment, or helping them across the Sirat.
• One hadith describes the prayer coming in a physical form and stopping any impending
punishment in the grave that could have happened because of the person’s sins, were it not
for them having established the salat in their life.
Effects of the Prostration of Salat
• Prayer protects one’s limbs of sajda from the Hellfire. (Bukhari) • The prostration of
• There are 7 limbs in sajda: 2 hands, forehead & nose, 2 knees, 2 feet prayer is the means of
• The prostration of salah protects these limbs from the Hellfire. having close company
with the Prophet (SAW)
• Prayer in this life prepares one to prostrate on the Day of Judgement.
in Jannah. Rabi’a b. Ka’b
• Even if you are tired or not concentrating while making salat, the action of praying
al-Aslami said, “I was
everyday is a means for you to make an authentic sajda on the Day of Judgment. And
this is a sajda that Allah (SWT) allows you to make. serving the Prophet
• On the Day of Judgement, everyone is going to want to be in sajda. The first person
(SAW)…He said, ‘Ask of
to be resurrected on the Day of Judgement is the Prophet (SAW), and the first thing me, and I will give you.’
he does once he is resurrected is make sajda. Allah (SWT) inspires him with phrases I said, ‘I ask for your
of glorification and praise that he did not know in this worldly life. Then he is told to close company in
rise and intercede, and his intercession is accepted. Jannah.’ He said, ‘In
• Those who were sincerely the people of sajda in this world will be granted the ability that case, help me
to make sajdah on the Day of Judgement. But those who were insincere in making against yourself with
sajdah, such that they only did so because others were watching them, rather than
doing so for Allah’s sake, will be unable to prostrate. They will want to, out of awe
abundant prostration.’”
and majesty of that day, but they will be unable to. One hadith describes that it will
be like their entire spine is one solid bone, and they cannot bend it.
And there are many more virtues of Salat…
• The virtues of Salat mentions here are just a few.
• There are entire works complied by the scholars throughout our
history which detail the virtues and unique properties of prayer and
its importance.
• Very often, as they gather these virtues to encourage us, they also pair them
with the warnings against neglecting prayer.
Warning Against Neglect or Abandonment of Prayer
• “Woe unto those who pray; who are negligent in their prayers…” • “…Whosoever fails to preserve
• The traditional meaning of the word “Woe” in Arabic refers to a valley in Hell. the prayer will have no light, no
• Mus’ab b. Sa’d (the son of Sa’d ibn Abi Waqqas): “I asked my father about this proof, and no salvation on the
verse, ‘Who among us doesn’t have internal dialogue in prayer?’ He said, Day of Judgement, and on that
‘That’s not what the verse means. It is about neglecting the prayer, letting its Day he will be raised up with
time slip away while one is engaged in idleness.’” (Abu Ya’la) Qarun, Fir’awn, Haman, and
• The meaning of the verse can also be interpreted at a warning against those Ubay b. Khalaf.” (Ahmad)
who are absent-minded during their prayer.
• i.e. those who abandon the
• Letting the time of prayer go out without praying is a major sin. It is prayer will be raised up to the
not enough to simply make up the prayer. One must also repent from worst of humanity.
the sin of delaying the prayer without a valid excuse. • “Between a person and disbelief
• “Whosoever abandons the prayer will meet Allah’s displeasure.” is the abandonment of prayer.”
(Tabarani) (Ahmad)
• “Whoever abandons the prayer has broken the covenant between him • “The covenant between us and
and Allah.” (Ibn Majah) them is prayer; whosoever
leaves it has disbelieved.”
Warning Against Neglect or Abandonment of
Prayer
• In the early days of Islam, the scholars approaches the ahadith regarding the warnings against
neglecting/abandoning the prayer, in a number of ways:
• There is a minority position (even though it is the minority position, it still includes a significant number
people - sahaba, tabi’un, tabi tabi’un, and other scholars, such as Imam Ahmad ibn Hanbal) that purposefully
abandoning the Salat entirely (out of laziness) is an act of disbelief (i.e. that they are outside of Islam.) This is
a legitimate position.
• The majority of scholars held the position that purposefully abandoning the Salat (out of laziness) is a major
sin, and they are subject to the Divine threat, but it does not mean that the person is outside of Islam. There
is a distinction made between those who abandon the Salat out of laziness, and those who abandon it while
also denying the obligation of salat (i.e. believing that they do not need to pray.) Those who do not pray and
also deny the obligation of salat are those who are outside of Islam. Denying the obligation of salat means
denying explicit texts in the Qur’an and hadith that establish the obligation of salat until one leaves this world.
• The early Imams would narrate the ahadith about the warnings against neglecting/abandoning
the prayer without giving much commentary, because they wanted these ahadith to have the
proper impact on the hearts of people.
• The ahadith are supposed to frighten us.
Overview of Module
• 1) Conditions that obligate the prayer • 8) The obligations of prayer
(Shurut al-Wujub) • 9) The differences between men and
• 2) Reasons that obligate the prayer women in the prayer postures–
(Sabab al-Wujub) descriptions and legal basis
• 3] The times of the prayers • 10) The Sunnas of prayer
• 4] Azan and Iqama • 11) Adab of prayer
• 5) Conditions and pillars of the prayer • 12) What invalidates the prayer
(Shurut wa Arkan al-Salat) • 13) What is disliked in prayer
• 6] Determining the Qibla without apps or • 14) What is permissible to do in prayer
compasses
• 7) The ‘Awra inside and outside of the
prayer
Overview of Module
• 15) Praying on transport • 22) The Imamate
• 16) The prayer of the traveller • 23) Prostration of forgetfulness
• 17) The prayer of the sick person • 24) The Friday Prayer
• 18) The Witr prayer • 25) The Funeral Prayer
• 19) The emphasized Sunna prayers • 26) Miscellanea
• 20) Make up prayers (Qada’)
• 21) Catching the congregational
prayer
5.2) Fiqh of Salat (Prayer): Causes &
Conditions of Obligation, Prayer time
Determination
22/7/2022
Learning Objectives
• 1) Conditions that obligate the prayer (Shurut al-Wujub)
• 2) Causes that obligate the prayer (Sabab al-Wujub)
• 3) The times of the prayers
Conditions
• Condition (shart): “Something whose absence necessitates the absence
of something else, but whose existence neither necessitates the
existence nor the absence of something else.’
• Examples:
• Wudu (no Wudu=no Salat. Only having Wudu does not mean you’ve prayed).
• Facing the Qibla for Salat.
• The completion of one lunar year for the obligation of Zakat.
• These three examples are of ‘conditions for validity’ (shurut al-sihha).
Conditions That Obligate Prayer (Shurut al-Wujub)
There are three conditions that render prayer an obligation:
• 1) Islam–a disbeliever is not subject to prayer until they embrace Islam.
• After a person embraces Islam, they should take a ghusl (they should just be instructed to wash
every part of their body), and then start praying.
• 2) Maturity–a child is not subject to prayer until they attain maturity.
• The signs of puberty are mentioned in the books of fiqh. And if a person shows no signs of
puberty, then some scholars say the prayer becomes incumbent on them at age 15, and some say
at age 18.
• The Sunna way of teaching children to pray: Children should be instructed to pray at the age of
seven and be disciplined at age ten for neglecting it. Prior to age 10, they are just encouraged
without being disciplined.
• 3) Sanity
• An insane person is not required to pray
Conditions That Obligate Prayer (Shurut al-Wujub)
• The prayer is not lifted for anyone who meets the conditions that obligate them to pray.
• Even if a person was a paraplegic and unable to make wudu’ or tayammum or face the
Qibla, and/or they cannot move their body at all, they must pray salat.
• Even if all they can do is move their eyelids, then they can use their eyelids for prayer.
• If even their eyelids cannot move, then they make the intention that they’re in a
standing/bowing/sajdah position, and say the du’as/Qur’an for each position in their heart, even
though they are still.
• Salat is still incumbent on the one who is ill at hospital.
• Salat was still performed even in the heat of war.
• Verses of Qur’an were revealed regarding Salat al-Khawf (the prayer of fear), which is how one
establishes the fard prayer while an enemy may attack you. One group of the soldiers pray 1 rakah
while the other group is armed, and then they switch. So one group can defend and fight, while
the other group is praying. And this switching between groups continues until each group has
finished praying the salah.
Cause That Obligate Prayer (Sabab al-Wujub)
• The cause that obligate the five daily prayers are the times i.e. When the time enters, one is
obligated to pray.
• The listings on prayer timetables (or on prayer time apps) is not the cause for the obligation of prayer – it is
communicating a calculation for the actual cause, which is the entering of the prayer time, measured by the
movement of the sun. (Islamic months are measured by movements of the moon, and salat times are
measured by movements of the sun.)
‫ٱلصَل ٰ ََة َك َان ْت َعَلى ٱْل ُم ْؤ ِمِني َن ِكتَـ ًًٰۭبا َّم ْ َُق ًۭ َتًا‬
َّ ‫ٱلصَل ٰ ََة ۚ ِإ َّن‬ ِ ْ ‫ َدا َو َعَل ٰى ُجُن َِِّ ُك ْم ۚ َفِإ َذا ٱ‬
ُ ‫ط َم ْأَننتُ ْم َفأَق‬
َّ ‫يم َا‬ ِ َّ ‫ٱلصَل ٰ َة َفٱ ْذ ُكروا‬
ًًۭ ‫ٱّللَ قَيـ ًًٰۭما َوُق ُع‬ ُ َ ‫َفِإ َذا َق‬
َ َّ ‫ض ْيتُ ُم‬
“Indeed, the prayer has been prescribed at appointed times for the believers.” [4:103]
• We are obligated to pray the Salat at their appointed times. We cannot choose to pray them
whenever we feel like or when it is convenient.
• Praying the salat after the appointed time is actually just making up a missed Salat.
• Allah (SWT) prescribed the 5 daily prayers at set times for wisdoms that only He knows. The basic idea is that
every aspect of our day is punctuated with remembrance of Allah (SWT), so that ideally we organize our life
around the prayer, instead of organizing the prayer around our life (which is sometimes unavoidable in some
circumstances.)
Prayer Times
• Fajr: Entrance of true dawn until right before sunrise.
• Dhuhr: Immediately after midday until the time when a shadow of an
object is twice its length.
• ‘Asr: From the aforementioned point until right before sunset.
• Maghrib: From sunset until the disappearance of the red twilight.
• ‘Isha’ (and witr): From the aforementioned point until right before Fajr.
What Degree?
• Example of Fajr time determined There are a few options for what you can do:
by various calculation methods: • 1) Choose an approximate time for each region, knowing that
• ISNA: 4:26am (15 degrees) it is not entirely precise, and inform people to adjust based on
• Muslim World League: 4:02am their own casual local observations.
(18 degrees)
• Umm al-Qura: 3:58am (19 • 2) A good approximation would be 15° because it is the middle
degrees) point between 12° and 18°, which is usually the range of dawn
• Egyptian General Authority: for most places on Earth.
3:49am (19.5 degrees) • If someone using the 15° calculation for both Fajr and ʿIsha’ looks
• Islamic University, Karachi: outside and notices that dawn or dusk is different from the
4:02am (18 degrees) computed calculation, then they should appropriately adjust for
that. This adjustment would be rare because most people living in
• No timetable is going to be 100% cities cannot easily view dawn from the locations they would
precise because a timetable normally pray at.
cannot be universally applied to
• 3) When in doubt follow your trusted local scholar or
every region and atmospheric
institution for the adjustments they have made.
conditions
What Degree?
• If you go with 15 degrees, you will not have to worry much. It is a “safe” option.
• Some people choose to pray according to the 15 degree calculations, but fast according to the 18
degree calculations. They do this because they are trying to be on the safe side – they do not want to
pray Fajr become it is time for Fajr, but they do not want to be eating when Fajr has entered. However,
this approach is unwise because the entering of the time of Fajr is the cause for the obligation of prayer
as well as fasting. So to separate between the two in this arbitrary manner is not a robust way of doing
thing, even if they think that by doing so they are being more cautious. Fiqh is not based just on being
cautious, it is based on being accurate.
• We should learn how to determine the time for prayer without the use of apps. The calculation
methods are attempts to measure the entering of the times which are the causes for the obligation of
prayer. But the actual cause for the obligation occurs in the sky. So you should connect yourself with
nature by knowing how that works.
• This will also serve you in the situation where you don’t have access to a prayer timetable (e.g. your phone is not
working)
Fajr
• Fajr begins at true dawn and ends just before sunrise.
• True dawn is when the sky around the horizon begins to increase in light.
• You can only see this on a day where there is no cloud coverage, and you have good
elevation
• True dawn is the white light that is distributed horizontally along the horizon
• Before true dawn, a dim light sometimes appears overhead for several
minutes, followed by darkness. This is termed ‘false dawn.’
• This will only be observed if you go out really early before Fajr comes in.
• Don’t be deceived by the false dawn. You need to wait a few minutes for the light to
distribute horizontally.
• The difference between the false dawn and true dawn is said to be 3
degrees (around 12 minutes). But other factors could affect the time
difference, such as latitude and location.
Dhuhr
• Dhuhr begins after the sun’s zenith at midday,
and ends when the shadow of an upright object
is twice as long.
• The most accurate way to calculate the midday
is to dig a straight stick into even ground (90
degree angle) and note its shadow.
• If the shadow continues to shorten, it not yet
midday.
• Once the shadow ceases to shorten, it is midday.
This corresponds to the sun being at the zenith, and
this is a prohibited time to pray.
• Once that shadow begins to lengthen, the time of
Dhuhr has entered.
• Dhuhr ends when the shadow is twice the length of
the stick.
‘Asr
• ‘Asr begins when the shadow of an upright object is twice as long,
and ends right before sunset, when the disk of the sun is completely
below the horizon.
• While it is sinful to purposefully pray at the time when the disk of the sun can
be seen right at the tip of the horizon, Maghrib has not yet entered. It is only
once the disk of the sun is completely below the horizon that Maghrib begins.
Hanafi ‘Asr
• In the Hanafi school, there is an internal disagreement about the end of • The majority of the texts of
Dhuhr, which affects their ruling on the beginning of ‘Asr. the Hanafi school followed
• The view of Imam Abu Hanifa is that Dhuhr ends (and therefore ‘Asr Abu Hanifa’s position,
begins) when the shadow of an upright object is twice its own length, in although there are many
addition to the length of shadow at midday/zenith. (Note that the length major texts that chose the
of the still shadow at midday neither shortens nor lengthens). This is position of his two main
what causes the Hanafi ‘Asr prayer to begin at a later time. students (which is also the
position of the other three
• E.g. If the object is 1m, and its shadow at zenith is 0.3m, then Dhuhr ends/’Asr
begins when the total length of the shadow is 2.3m (the shadow is twice the
schools.) Both opinions are
length of the object, plus the length of the shadow at the time of zenith.) valid, and you can follow
either when there is a need,
• The view of Imams Abu Yusuf and Muhammad b. al-Hasan (students of such as if the congregation
Abu Hanifa) is that Dhuhr ends (and therefore ‘Asr begins) when the in your areas prays at the
shadow of an upright object is equivalent to its own length, in addition to earlier time.
the length of shadow at midday/zenith. This view is consistent with the
Hanbali, Shafi'i and Maliki schools.
• E.g. If the object is 1m, and its shadow at zenith is 0.3m, then Dhuhr ends/’Asr
begins when the total length of the shadow is 1.3m (the shadow is equal to the
length of the object, plus the length of the shadow at the time of zenith.)
Clarifying the timings that correspond to the
shadow length
• In the morning, the sun rises from the east, and the shadow of the stick is very long. As the sun
continues rising (approaching the zenith), the shadow will move and it will get shorter.
• At midday/zenith, the sun is at its highest point in the sky. At this time, the length of the shadow will
not change. The shadow may move, but it is not getting shorter, nor it is getting longer. (If you are
north or south of the equator, shadows are the shortest at the zenith time. At the equator, because
the sun is directly overhead, there is no shadow at zenith.) In the Hanafi madhab, prayers cannot be
offered at the time of zenith/midday. At midday, it is not yet Dhuhr time.
• If you observed the shadow getting shorter, then it is not yet zenith time. And if you observed the shadow getting
longer, then zenith time has already passed (i.e. Dhuhr time).
• You can also approximately calculate the zenith time by counting the number of time between sunrise and sunset
and then dividing this in half and adding it to the sunrise time. E.g. if sunrise is at 6am and sunset is at 6pm (there
are 12 hours between these times, and half of 12 is 6 hours), then the zenith is at 12 noon (6am + 6 hours). If
sunrise is at 7am and sets at 7pm (there are 12 hours between these times, and half of 12 is 6 hours), then the
zenith is at 1pm (7am + 6 hours).
• When the sun moves past the zenith (towards the western part of the sky), and the length of the
shadow is now increasing. This is now Dhuhr time.
Maghrib
• According to the main position of the Hanafi school (on which fatwa is
given,) Maghrib begins at sunset until the disappearance of the red
twilight (upon which ‘Isha begins).
• This is the majority view.
• However, the opinion of Imam Abu Hanifa is that the end of Maghrib
(and therefore the beginning of ‘Isha) occurs with the disappearance
of the white twilight after sunset.
• At sunset, there is a red twilight, followed by a white twilight.
‘Isha
• The time of ‘Isha begins after the disappearance of the red twilight
(or, according to the view of Imam Abu Hanifa, after the
disappearance of the white twilight after sunset).
• ‘Isha time ends right before Fajr.
• Ideally you should pray ‘Isha before sleeping. It’s not recommended to
(consistently) pray ‘Isha right before Fajr.
Recommended (Mustahabb) Prayer Times
• Fajr: Men are recommended to slightly delay praying Fajr to when light begins to appear (rather than
when true dawn first enters), as this allows more time for people to attend Fajr in jama’ah. Since
women are likely to be praying from home, it is recommended they pray earlier (than when light
begins to appear.)
• It is advised that the amount of time allocated for men to pray Fajr should be enough such that, if a man prayed
Fajr (in jama’ah), and then realized that his prayer was invalid (e.g. he did not have full tahara,) he would have
enough time to perform ghusl and repeat the prayer with the same pace as the first and still finish before sunrise.
• Dhuhr in the summer: when the weather becomes cooler.
• Dhuhr in the winter: to pray it as soon as the time enters.
• In winter, there may be a very short period between Dhuhr and ‘Asr.
• ‘Asr: to delay it until before the sun changes.
• It is prohibitively disliked (sinful) to delay ‘Asr to the point where one can look at the disc of the sun without harm
(to your eyes).
• Maghrib: to pray it as soon as the time enters.
• In cloudy weather: to pray ‘Asr and ‘Isha as soon as the time enters; while for other prayers, to delay
them somewhat. This is to ensure that the time has truly entered.
Times when one cannot perform make-up prayers
There are three times in which any prayer that was obligatory before these times is
rendered invalid if performed in these times (i.e., in these times one cannot
perform make-up prayers):
• 1) Sunrise: from sunrise until the sun is approximately one or two spears’ length
(spear length=3 meters) above the horizon.
• This is because there are certain groups of idol worshippers that worship as the sun is rising.
• 2) At midday/zenith: when the shadow stops shortening, yet before it starts
lengthening. (About 7-10 minutes before Dhuhr.)
• 3) At sunset, except for ‘Asr of that day: when the sun is low in the sky and
moving below the horizon (around 15 minutes before sunset, depending on the
latitude and time of the year.)
• ‘Asr (of that day) is the only prayer which remains valid to pray at this time, and hence
obligatory to pray it, despite the sin entailed in delaying it to this time.
Disliked Times to Pray Voluntary Prayers
It is disliked to pray voluntary prayers:
• 1) At sunrise
• 2) At midday/zenith
• 3) At sunset
• 4) During a Khutba (once the imam appears or stands up, until after the prayer is completed).
• There is a difference of opinion regarding tahiyat al-masjid (“greeting the mosque”, a 2 raka’at nafl prayer
performed before sitting down in a masjid.) Some scholars say if the imam has stood up and is giving the
khutbah, you should just sit down, while others say you should pray the tahiyat al-masjid even if the imam is
giving a khutbah.
• 5) Before Fajr, except for the Sunna of Fajr.
• 6) After Fajr
• 7) After ‘Asr until sunset.
• For the times between (A) true dawn and sunrise, and (B) ‘Asr and the dimming of the sun before
sunset, make-up prayers can be made but not voluntary prayers.
5.3) Fiqh of Salat (Prayer): Azan,
Iqama, Proper Covering of one's body
29/7/2022
Learning Objectives
• 1) The Azan and Iqama
• Shaykh Abdul Aziz Suraqah purposely spells it as “Azan” instead of “Adhan”
because it is spelt “Azan” in the English dictionary. One of the rules in
publishing is that if you have a word from a foreign language that’s already in
the dictionary, you adopt the dictionary spelling, even if it goes against the
transliteration convention.
• Even though it is written as “Azan” here, it is still pronounced “Adhan.”
• 2) Conditions of the Salat: the ‘Awra inside and outside of the prayer
Blessing of being the Muezzin (the one who
gives the azan)
• “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.” (Ahmad & al-Nasa’i)
• “Whoever hears him will confirm what he says” means whoever hears him will repeat after him.
• There is a discussion amongst some of the fuqaha about which role is superior: the
Imam or the Muezzin
• Some say that the Muezzin gets more reward than the Imam
• The adhan is one of the unique symbols of Islam. The sound of the adhan is
associated with Islam and this ummah. It is one of the distinguishing marks of a
Muslim community.
• In early Islam, when the sahaba were going in expeditions and encountering enemy tribes, if
they came across a village and were unsure if they were opposed to Islam or not, they would
wait to hear if the adhan was coming from that village.
The Azan: Meaning and History
• Linguistically, azan means ‘to inform’. In Islamic law, it is ‘to notify people about the
entrance of the time of prayer with specific sayings.’
• The Azan was legislated in the first year of the Hijrah (or some say the second year of the
Hijrah). Before the Azan was legislated, the people would be informed of the prayers by calls
in the street announcing ‘The prayer, the prayer.’
The Prophet (SAW) gathered his Companions in consultation about what they could use to
inform the Muslims about the prayer times. One suggested a bell, but this was disliked
because it was what the Christians used. One suggested lighting a signal fire, but this too
was disliked because it was what the Zoroastrians worshipped.
Later that night, ‘Abdullah b. Zayd had a dream in which a man was teaching him the
wordings of the Azan. When he woke, he informed the Prophet (SAW), who was very
pleased with it. The Prophet then ordered him to mention the sayings to Bilal so he could
utter them aloud. From that time onwards, the Azan became and established Sunna.
• All legislation comes from Allah (SWT), and sometimes the Prophet (SAW) is the conduit of that too.
And the Azan was an example of a case where legislation was revealed to a sahabi and then
confirmed by the Prophet (SAW,) thereby becoming Shariah.
Ruling of the Azan
• In the Hanafi school, the Azan and the Iqama (the Call to Prayer and
the Call to Commence Prayer) are emphasized Sunnas (Sunna
Mu’akkada) for the obligatory prayers, even if one is alone. It is an
emphasized Sunna whether one is performing the current prayer or
making up a missed prayer.
• Imam Abu Hanifa said that if people in a city offer congregational
prayer without the Azan, they have sinned.
• It is NOT the Sunna to call the Azan for the funeral prayer, Eid prayer,
solar eclipse prayer, rain prayer, Tarawih, or Sunna prayers.
The Wordings of the Azan
َّٰ ) x 4.
• Allahu Akbar (‫ٱّللُ أَ ْكَب ُر‬
• Ash-hadu an la ilaha illa Allah (ُ‫ٱّلل‬ َّٰ ‫َش َه ُد أَن ََّّل ِإ َٰل َه ِإ ََّّل‬
ْ ‫ )أ‬x 2.
• Ash-hadu anna Muhammadar-Rasulullah (ِ‫ٱّلل‬ َّٰ ‫ َل‬ َّ ‫َش َه ُد أ‬
ُ ‫َن ُم َح َّم ًدا َرُس‬ ْ ‫ )أ‬x 2.
• Hayya ‘alas-salah (‫ٱلص ََل ِة‬ َّ ‫ ) َح َّي َعَلى‬x 2.
• Hayya ‘alal-falah (‫ ( َح َّي َعَلى ٱْلَف ََل ِح‬x 2.
• [For Fajr only: As-salatu khayrun minan-nawm (‫ٓمنَ ٓٱلنَّ ْو ِٓم‬ ِ ‫ص ََلٓة ُ َخيْر‬ َّ ‫ (ٱل‬x 2.]
َّٰ ) x 2.
• Allahu Akbar (‫ٱّللُ أَ ْكَب ُر‬
• La ilaha illa Allah (ُ‫ٱّلل‬ َّٰ ‫ ) ََّل ِإ َٰل َه ِإ ََّّل‬x 1.
• In the Maliki school, Allah Akbar is only said twice (instead of 4 times) in the beginning, and then
there is the Tarji’
• Tarji’: Personal repetition by the Muezzin, occurs in the Maliki and Shafi’i schools.
• The Muezzin first says “Ash-hadu an la ilaha illa Allah” twice to himself, and then says “Ash-hadu anna
Muhammadar-Rasulullah” twice to himself.
Common errors in the Azan (and Iqama)
• Aaallaahu Akbar
• This would make the statement sound like a question (“Is Allah the Greatest?”)
• Allahuuu Akbar
• Allahu Akbaar
• Ash-haduuu…
• Annaaa
• Aaanna
• Rasula-Allah
• Hayyaaa
• Iiilaha
• The sunnah of repeating after the Muezzin is only sunnah if the Muezzin is reading the Adhan correctly.
The Iqama
• Unlike the Azan, the Iqama is said without pauses between the phrases.
َّ ‫ام ِت‬
• The Iqama phrase is: Qad Qamatis-Salat (ُ‫ٱلص ََلة‬ َ ‫) َق ْد َق‬
There are three transmitted ways to call the Iqama, and all of them are valid:
• 1) Hanafi: The Iqama is the same as the Azan with the addition of “Qad
Qamatis-Salat” twice.
• This is based on the hadith of the Companion Abu Mahdhura in the Sunan of Abu
Dawud which states that the Prophet (SAW) taught him the Iqama with seventeen
words (meaning seventeen phrases).
• 17 phrases: Allahu Akbar x 4, Ash-hadu an la ilaha illa Allah x 2, Ash-hadu anna
Muhammadar-Rasulullah x 2, Hayya ‘alas-salah x 2, Hayya ‘alal-falah x 2, Qad Qamatis-
Salat x 2, Allahu Akbar x 2, La ilaha illa Allah x 1.
The Iqama
• 2) Maliki: Every phrase in the Iqama is repeated once except for the Takbir (which is said twice).
This is based on the hadith of Ibn ‘Abbas in Sahih Muslim:
ِ ِ َ ‫َن َي ْشَفع اْلَ َذ‬ ِ
.‫ام َة‬
َ ‫ان َوُي َت َر اْلَق‬ َ ْ ‫أُم َر ِبَلَل أ‬
“Bilal was ordered to recite the phrases of the Azan in pairs, and recite them once in the Iqama.”
• 10 phrases: Allahu Akbar x 2, Ash-hadu an la ilaha illa Allah x 1, Ash-hadu anna Muhammadar-Rasulullah x 1,
Hayya ‘alas-salah x 1, Hayya ‘alal-falah x 1, Qad Qamatis-Salat x 1, Allahu Akbar x 2, La ilaha illa Allah x 1.
• 3) Shafi’i and Hanbali: Every phrase in the Iqama is repeated once except for the Takbir (which is
said twice) and the phrase “Qad Qamatis-Salat” (which is said twice.) This is based on the hadith
of Anas in Bukhari:
.‫ام َة‬‫ق‬َ ِ َّ‫ ِإَّل‬،‫اْلَقام َة‬
‫اْل‬ ِ ‫ان وُي َِت َر‬
َ ‫ذ‬
َ ‫ْل‬
َ ‫ا‬ ‫ع‬ ‫ف‬
َ ‫ش‬
ْ ‫ي‬
َ ‫َن‬
ْ ‫أ‬ ‫ل‬َ‫َل‬‫ب‬ ِ‫أ‬
ِ ‫ُم َر‬
َ َ َ َ
“Bilal was ordered to recite the phrases of the Azan in pairs,
and recite them once in the Iqama, except for the Iqama [phrase].”
• 11 phrases: Allahu Akbar x 2, Ash-hadu an la ilaha illa Allah x 1, Ash-hadu anna Muhammadar-Rasulullah x 1,
Hayya ‘alas-salah x 1, Hayya ‘alal-falah x 1, Qad Qamatis-Salat x 2, Allahu Akbar x 2, La ilaha illa Allah x 1
Errors in the Iqama
• Qadaa
• Qamatus
• Qamatas
َّ ‫ام ِت‬
• The proper way: Qad Qaamatis-Salah (ُ‫ٱلص ََلة‬ َ ‫)َق ْد َق‬
Rulings of the Azan and Iqama
These rules apply whether it is for a Muezzin appointed at a masjid, or it is just a person praying
at home by themselves or with others:
• The Muezzin should pause shortly between each set of phrases in the Azan, and should hasten
with the Iqama.
• It is disliked for one in a state of major ritual impurity to perform either the Azan or Iqama, or
for a person in a state of minor ritual impurity to perform the Iqama.
• It is recommended that the Muezzin be righteous since he is like a trustee of the religion. He
must also have knowledge of the Azan and the prayer times.
• Because the Muezzin is conveying the call of Allah (SWT), he should embody something of the call itself.
• In many masjids, there is a dedicated Muezzin. But sometimes or in some places, the Muezzin will be
someone who happens to be present, as this is fine as long as the community approves it. However, the
Muezzin should pronounce the Adhan and Iqama correctly. (If they are making errors, someone can
correct them privately later on.)
Rulings of the Azan and Iqama
• The Muezzin should face the qibla unless he is riding.
• It is recommended that he place his fingers in his ears (or his hands over the ears, or even
one [right] hand over the [right] ear) and turn his head (not chest or feet) to the right when
saying “Hayya ‘alas-salah,” and to the left when saying “Hayya ‘alal-falah.”
• Putting the hands to the ears facilitates projection of the voice. When you are reciting something
loudly without a microphone, it is difficult to modulate your voice. (When using a microphone that’s
magnifying your voice, you can hear your voice a lot better so you can make minor adjustments to
make sure that it is carrying better. So if you are using a microphone, you do not need to place hands
over your ears.)
• It also carries a certain symbolism – when you are calling the people to Salat and you’re covering your
ears, you are ignoring everybody else, as you are making an important call.
• The one who has missed a prayer should make the Azan and Iqama prior to making up the
missed prayer, as the Prophet (SAW) ordered Bilal to do when he and the group missed the
Fajr prayer after resting on the way back from Khaybar.
• If there are several prayers to make-up, one Azan is sufficient, and it is disliked to offer them without
the Iqama.
Responding to the Azan
• If one hears the Azan being called according to the Sunna, in that
there are no mistakes, they are to cease his actions and utter the
same words as the Muezzin, except that when they hears “Hayya
‘alas-salah” and “Hayya ‘ala al-falah,” he should say “La hawla wa la
quwwata illa billah” (There is no power or strength except by Allah).
• When the Muezzin at Fajr says “As-Salatu Khayrun minan-nawm,” one
would respond with “Sadaqta wa Bararta” (You have spoken truthfully
and done good), or “Ma sha’ Allah.”
Responding to the Azan
• After the Muezzin has finished reciting the • Wasila is a high rank in Jannah,
Azan, it is recommended to make this du’a: mentioned in the hadith: “...Then
ِ ،‫الص ََل ِة اْلَق ِائم ِة‬
‫آت ُم َح َّمداً اْلَ َِسيَل َة‬ َّ ‫و‬ ، ِ ‫ام‬
‫ة‬ َّ َّ‫الد ْع َِة الت‬
َّ ِ‫الله َّم ر َّب ُِذ‬
‫ه‬ َّ beseech Allah to grant me the
َ َ َ َ َ ُ
‫يع َاد‬ ‫م‬ ِ
ِ ‫ إََّنك ََّل تُ ْخِلف اْل‬،‫ وابع ْثه مَقاماً محم َداً َّالذي وع ْدتَه‬،‫ضيَل َة‬ ِ ‫واْلَف‬ Wasila, which is a high rank in
َ ُ َ ُ ََ َُْ َ ُ َْ َ َ Jannah, fitting for only one of
“O Allah, the Lord of this complete call and this Allah’s servants; and I hope that I
prayer that is to be established, give Muhammad will be that man. If anyone asks
the Wasila and the Supreme Virtue, and exalt him the Wasila for me, it becomes
to a position of glory which You have promised incumbent upon me to intercede
him, [indeed You do not break Your promise].” for him.” (Sahih Muslim)
• There is a few versions of this du’a. One • So saying the du’a after the adhan
variation is shown here in orange. guarantees you the intercession of
the Prophet (SAW) on the Day of
Judgement.
Personal du’a of the Muezzin
• In some madhahib, there is a lot of leeway for the muezzin to make
their own person du’as before and after the adhan. The books of fiqh
do discuss this matter. There is a basis for this practice, and a good
number of fuqaha believe it is acceptable.
• However, there is an issue when this practice becomes
institutionalized, and people wrongfully believe that the du’a of the
Muezzin is part of the adhan and essential to it.
Responding to the Iqama?
• When the Iqama is called you just listen to it – you do not need to
utter the same words to yourself like you would for the Azan.
Conditions of the Prayer
It is not valid to begin the prayer without having fulfilled its conditions, which are:
• 1) Being in a state of ritual purity, both major and minor.
• 2) Being free of any physical filth, on one’s garments, body, and place of prayer, except
for that which is excused.
• By ‘place of prayer,’ the jurists mean: the place of both feet, both knees, both hands, and the
forehead (i.e. the places where your limbs make contact with the ground during the salat.)
• Some people hold the misconception that you cannot pray without a prayer rug. But the default
assumption is that everything is pure (unless we have knowledge that it has an impurity). You can
pray on grass, on the plain carpet etc.
• 3) Covering one’s nakedness (‘Awra).
The details of #1 and #2 have already been discussed (matters of tahara/purification),

which leaves us with #3…
Covering the ‘Awra
• In prayer, one stands before Allah (SWT) in a ritual act of devotion. This calls for reverence and awe.
Therefore, covering the ‘Awra in prayer is sought after in and of itself, and not just in public places or
areas where one may be seen by others. We must cover our ‘Awra in prayer even if we are all alone in a
dark room where no one can see us.
• The ‘Awra for a man is the area right below • The ‘Awra for a woman is the entire body except for
the navel until right below his knees. (The the face, hands, and feet.
navel itself is not ‘Awra, while the knee is.) • The feet are not considered ‘Awra in the Hanafi school, but
• This is the minimum covering for men. It does there is a difference of opinion within the school. This goes
not mean that men should only cover this area. back to the understanding of the language of the texts.
Those who do not consider the feet to be ‘Awra for women
• In some of the other schools of thought, it is
argue that because of everyday common use, and the lack
the naval until the upper part of the kneecap.
of footwear and socks and how they get dirty, and because
• Men can pray while wearing shorts, but they the abaya is long, the feet are not ‘Awra in the same way as
need to be careful because when bowing or the other parts of the body that could be exposed.
prostrating, the shorts may ride up a little bit,
• It is more cautious to cover the feet.
and this risks exposing the ‘Awra. Thus, if a
man chooses to pray in shorts, they should be • Other schools of thought mention that the bottom of the
long shorts, like capris, that fully cover the feet is not ‘Awra for women, so if the soles of the feet are
kneecap and a little under it. exposed during sajdah, but the tops of the feet should be
covered (for example, by a long abaya.)
Covering the ‘Awra
• That which covers the ‘Awra must not be see-through such that it shows the skin color beneath it.
• The covering of one’s ‘Awra must be from all sides (watch out for shirts lifting in the back during
Ruku’ and Sujud!)
• One should make sure that their shirts (and pants) are held up properly so that the back part of their ‘Awra does
not become exposed while bowing or prostrating.
• It is of no harm if one’s ‘Awra can be seen by himself (for example, for men, from the opening of the
neck of a loose shirt.)
• If the time for prayer has come and one does not have something to cover their ‘Awra, they are to
pray sitting while gesticulating for the bowing and prostration (so that you can keep as much of
yourself concealed as possible.)
• This only applies for a legitimate reason. The books of fiqh give an example of highway robbery for when this
situation could occur – if your clothes were stolen, then you might not be able to cover your ‘Awra for salat.
• The jurists say: ‘Covering the ‘Awra is more important that carrying out the pillars of the prayer.’
• If the reason for not having something to cover the ‘Awra is the person’s fault, they must repeat the prayer later
when they cover their ‘Awra.
Topi/Kufi for men
• In the Hanafi school, it is recommended (but not • The fuqaha mention that if a person was trying to
obligatory) for men to wear the topi. train themselves to be humble, they can uncover
‫َيـَٰبِنى َء َاد َم ُخ ُذوا ِز َينتَ ُك ْم ِع َند ُك ِل َم ْس ِجد‬
their head. But this does not really apply in our
times.
“O Children of Adam! wear your beautiful apparel • In the pre-modern period, people would normally cover
their head (with a turban or kufi,) and if you knocked it
at every time and place of prayer.” [7:31] off their head, it is considered very disrespectful, and
• When you go to salat, you should wear they would probably want to fight you. It was seen as a
something that is more dignified. And so it is mark of dignity to cover the head.
generally recommended to cover the hair in salat. • Some books qualities that would cause one to have their
hadith narrations rejected, and many of these were
culturally-specific and applicable to that time period.
One of them was to have qualities that are demeaning of
proper manhood, which meant such a person’s
narrations were unacceptable because they lacked
integrity, and another one was going around bare-
headed.
• In modern times, if a person chooses to cover their head
in prayer, then that is good. And if they choose not to,
they are not sinful but they are abandoning something
which is recommended.
Leeway with ‘Awra are found in the detailed
books of fiqh
• In the more detailed books of fiqh, they discuss areas where there is leeway for
‘Awra because of common changes with clothing.
• For example, if your arms are covered but your sleeves are rather loose at the wrists, then
your wrists may become exposed when raising your hands during the salat. As people do
work in their daily lives (e.g. collect wood, fetch water from well, etc.) parts of their ‘Awra will
inevitably get exposed. If some minor parts of ‘Awra become exposed, it is not so much of an
issue and is generally excusable, compared to the more significant parts of the ‘Awra.
• Some scholars differentiate between “heavy ‘awra” (such as the private areas)
and “light ‘awra”, and what is excusable versus what is not. If the light ‘awra is
exposed, it is pardonable, but if the heavy ‘awra is exposed, it is not pardonable.
• In this course, we will focus on the general areas of ‘Awrah, and this module, the
‘Awrah with regards to prayer specifically.
5.4) Fiqh of Salat (Prayer): Conditions
of Prayer, Locating and Facing the
Qibla, Pillars of Salat
5/8/2022
Conditions and Pillars of Salat
• Both conditions and pillars are obligatory (fard). Hence, if any one of
either is omitted, the prayer is invalid.
• A condition is external to the Salat (e.g. Wudu’), and a pillar is inside
of the Salat (e.g. reciting the Qur’an.)
• A condition (shart) is ‘Something whose absence necessitates the absence of
something else, but whose existence neither necessitates the existence nor
the absence of something else.’
Conditions for the Validity of Salat
• 1) Being in a state of ritual purity from both major and minor impurity.
• 2) Being free of any physical filth–on one’s garments, body, and place of prayer.
• “Place of prayer” applies only to the areas where your body makes contact with the ground.
• 3) Covering the ‘Awra.

• 4) Facing the Qibla.
• 5) The entrance of the prayer time.
• 6) The intention.
• 7) The opening Takbir.
Facing the Qibla
• It is a condition to face the Qibla during Salat. The Qibla is towards the Ka’ba in
Makkah.
• Anyone living in Makkah who can see the Ka’ba must face it directly. One who
cannot see the Ka’ba (i.e. they are a distance away from the Ka’ba) must face the
general direction of the Ka’ba – it does not have to be as exact. The closer one is
to the Ka’ba, the more exact they must be in facing the Qibla, and the less room
for error.
• If you cannot see the Ka’ba, you are not obligated to face it exactly, even if you
know the exact direction, because:
• 1) Even a slight deviation at long distances–which is inevitable–would mean you are not
facing the Ka’ba exactly.
• 2) The Qur’an states that one is only required to ‘face’ the direction of the Qibla.
• 3) Requiring one to face the exact direction at such a distance would entail hardship (haraj).
Facing the Qibla
• It is superior and more cautious to face the exact direction–but this is
not a condition for the validity of prayer.
• If you have the means to determine its direction (e.g. using a compass, position
of the sun, Qibla apps) then it is superior to pray in the direct that is most
accurate, if possible.
• If a person is unable to face the Qibla for prayer (such as a bedridden
person who cannot turn their body and has no one to help them,) they
can pray in whatever direction they can.
• One determines the Qibla by looking at the Mihrabs of the Masajid or by
asking someone who will know and whose testimony would be accepted
(upright & not corrupt) of the locality. You could also try to determine A mihrab is a niche in
the Qibla direction based on the position of the sun, established from the wall of a mosque
that indicates the qibla.
the cardinal direction (by first determining which direction is east and
west from the direction that the sun rises and sets respectively.)
Facing the Qibla
• If a person cannot determine the Qibla • If a person makes their best attempt to determine the
through observation of the sun, the use of a direction of the Qibla and settles on a particular
tool, or any other means, they should try direction but then leaves it for another direction, their
their best (ijtihad) to pray in the direction prayer is invalid, even if after the prayer they learned
they think is most likely. They do not have that the second direction was the correct one. That is
to repeat their prayer, even if they later because the obligation is for one to pray in the
realized they prayed in the incorrect direction that their Ijtihad determined to be correct.
direction, because they made their best • In the absence of any tools/signs to determine the Qibla
effort to guess the direction. direction, Once you have made an ijtihad about the
direction to pray in, then you cannot reply on the ijtihad of
• If a person realizes during prayer that they another person. If you begin praying in the direction your
are facing the wrong direction, they should ijtihad led you to, you cannot just change your direction to
turn toward the Ka’ba while in prayer. the direction that another person decided to pray based on
• This applies if the qibla direction becomes their ijtihad. You must follow YOUR own ijtihad.
apparent while praying – it is not just a guess • In a plane or ship, one must face the Qibla. One does
(with a lot of uncertainty).
not have to change position if the plane or ship turns.
• Although this is an extra movement, it is being
• You can try to determine the Qibla direction from the
done in order to rectify one’s prayer.
screen that shows the flight route.
Praying the plane
• In the Hanafi school, you must be standing for the prayer. In some airplanes, you might
get a space somewhere and pray standing.
• If you cannot stand, you can pray in the plane while sitting down, and not facing the
Qibla, just because of the importance of the salat, and then make-up the prayer when
you land.
• If a person did not have the ability to stand (physical injury,) and they prayed on the plane while
seated, then they would not have to make-up those prayers. But they could if they wanted to, to
avoid the difference of opinion regarding the matter.
• Some scholars are more lenient about this matter than others.
• In other madhahib, if you’re travelling, you do have the option of combining and
shortening Dhuhr and ‘Asr, and Maghrib and ‘Isha, if you’ve covered a certain distance
while travelling.
• Shortening the prayer while travelling (if you cover a distance of about 48 miles/77km) is wajib in
the Hanafi school.
• When one makes an intention for a Fard or Wajib prayer,
one must also specify which prayer is about to be
The Intention performed. (This is not a condition for emphasized
Sunna, Tarawih, or general voluntary prayers).
• One must form an intention (niyyah). This • It is valid, and some say preferable, to utter the
consists of having a firm resolve in the mind, and intention to oneself (e.g., the particular prayer and
is to distinguish one act of worship from another. whether it is current prayer or a make-up of a missed
• Part of the niyyah is the intention of performing an prayer).
action for the sake of Allah (SWT), but the other part
• Especially if one has a tendency to become confused.
of the niyyah is the decision of the heart and mind to
initiate a specific action of worship, distinguishing it • The source of the niyyah is in the heart and the verbalization
from another act of worship, and also, distinguishing is only to specify that and put it into words.
one prayer from other prayers. • The follower in a congregation must intend prayer
• The niyyah does not have to be verbalized. behind the imam.
• The minimum valid intention for the prayer is • In jama’ah, it is obligation to follow the imam, and by
such that if the person were asked about it, they clarifying the intention of following the imam, the rules for
would be able to respond without having to think performing the prayer changes.
about it. • If you start the prayer, and while inside it, you realise
• If they are unable to answer without thinking about you made intention for the wrong prayer (e.g. you made
it, it means their niyyah was not firm enough to intention for ‘Asr but it is Dhuhr,) then you would break
distinguish that prayer from other prayers. your salah and start again with the correct intention.
The Opening - Takbira Tahrima
• The opening takbir enters you into the state of salah.
• It must be uttered with the tongue, not silently in the heart, such that one can
hear themselves (assuming a quiet environment.)
• This applies to everything else uttered in the prayer. The mere thought of the recitation etc.
without uttering them is invalid. It is also invalid if your mouth moves but no sound actually
comes out. Even in congregational prayer, you must verbalize the takbir (quietly.)
• The intention cannot be made after the takbira.

• The takbira should be uttered while standing before bending for ruku’
• If you join the jama’ah while the imam is in ruku’, then that rak’ah is valid, and you will not
need to repeat it. But you need to make the intention and takbira while standing before going
into ruku’.
The Opening - Takbira Tahrima
• The opening takbir must coincide with the intention in the heart. There should not be
separation between the intention and opening takbir in which one performs actions
unrelated to the salat, such as talking, eating, etc. If a person makes an intention to pray
yet engages in an action unrelated to the salat before beginning the prayer, such as
eating, and does not renew their intention before praying, then the prayer is invalid.
• If one makes the intention to pray, but then they go and perform another action that is unrelated
to the salat (e.g. talk to someone, check their phone, etc.) and then comes back to the prayer
area, they can NOT just immediately begin praying (i.e. opening takbir). They would have to re-
make the niyyah right before starting to pray.
• If one does not perform any action unrelated to the salat between the intention and the
takbira, or they perform an action between the intention and takbira which is related to
the prayer, such as dhikr, wudu’, then the prayer is valid.
• If there is a separation between the intention and the takbir with something that is related to the
prayer, such as dhikr, du’a, wudu’, fixing one’s garment for the purpose of praying, then this would
be valid.
Scenarios – the Intention & Opening Takbira
• 1) Intention and takbira coincide = VALID
• Most people do not have to worry too much about doing the niyyah correctly because it comes naturally – They
know which salat they want to pray before doing the takbira, so the niyyah is already present in their heart as they
do the takbira. They can easily distinguish Dhuhr from Asr.
• The articulation of the niyyah in the heart does NOT have to be perfectly timed with starting to utter the takbira and
raising the hands. This sort of behaviour is caused by waswasa (whispering of shaytan.) Do not overthink it. Simply
know which salah you want to pray and then make the opening takbir (say “Allahu akbar” and raise the hands.)
• 2) Intention is made, and takbira comes after:
• A) the person engaged in action unrelated to the salat, such as eating = INVALID
• B) the person engaged in something related to the prayer, such as dhikr or wudu’ = VALID
• 3) A person utters the takbira and THEN makes the intention = INVALID
• If you don’t have an intention before doing the takbira, then you would be uncertain about what you are trying to
pray and/or why you are standing in prayer.
• 4) A person comes to the congregation as the imam is in ruku’, goes straight into ruku’ and then utters
the takbira = INVALID
• You need to make the intention and takbira while standing before going into ruku’.
Opening Takbira – Raising the Hands
• The preferred way of the opening takbir in the Hanafi school is to raise the
hands up to the level of the ears (where the thumbs near the earlobes).
• Another valid way is to raise the hands up to shoulder level.
• When raising the hands, the fingers should not be spread widely, nor
tightly pressed together.
• It is disliked to partially raise the hands in a lazy and half-hearted way
where they barely rise above the navel or lower chest.
• This does not invalidate the prayer – it is just disliked.
• If one does not raise the hands, but they utter the takbir, the prayer is still
valid. Raising the hands marks the beginning of salat, but the movement it
is not a condition/pillar of the salat.
Opening Takbira in Jama’ah
• If one praying behind an imam utters the takbir along with the imam
and they finish their takbir before the imam finishes his takbir, then
they have not properly entered the prayer because they initiated the
takbir before the imam.
• It is only once the Imam has fully completed the opening takbir (completely
finishing the phrase “Allahu akbar”,) that the prayer has commenced. So, for
example, if someone praying behind the Imam makes takbir faster than the
Imam, such that they complete the takbir while the Imam has only managed
to say “Allahu ak-” (incomplete takbira,) then this person has not entered the
prayer properly.
• When praying in jama’ah, you should not do anything before the Imam.
Pillars/Integrals of Salat
• 1) The takbira tahrima, according to Imam Muhammad b. Hasan al-Shaybani.
According to Imam Abu Hanifa and Abu Yusuf, the takbira tahrima is a condition.
• 2) Standing if one is able, except for voluntary prayers.
• 3) Recitation of the Qur’an, even if only one verse in any two rak’as of the
obligatory prayer, and in all rak’as of witr and voluntary prayers–unless one is
praying behind an imam, since there is no recitation for the one behind an imam
(in the Hanafi school.)
• 4) Bowing (ruku’)
• 5) Prostration (with one’s forehead, both hands, both knees, and the bottom of
the toes of both feet).
• 6) The final sitting for at least the length of the tashahhud.
Pillars/Integrals of Salat – Standing (Qiyam)
“Standing if one is able, except for voluntary prayers.”
• If one is physically able to stand and perform prostration, then standing is a pillar and hence obligatory.
• If one is unable, or very difficult, he may pray sitting (on the floor, or on a chair or the like,) yet with
normal bowing and prostration.
• If your physical ailment only prevents you only from standing, and not from performing the other positions (bowing
and prostrating,) then you still need to perform the bowing and prostrating as normal.
• If one is able to stand yet not able to perform prostration (or bowing), he must pray with head
movement. It is recommended he do so while sitting, although he may do it while standing as well.
• With some flus, some people may develop a throbbing headache, to the point where ruku’ and sajda is incredibly
painful. In such a case, a person can stand and then make the movements for bowing and prostrating with their head.
• One may pray voluntary prayers sitting, although doing so without an excuse entails half the reward.
• If the person has an excuse, then it is fine and you will get the full reward because Allah (SWT) knows that if you did
not have excuse, you would be standing. So you are rewarded as if you are standing.
• The Sunna/voluntary prayer before Fajr must be performed standing (unless you are physically unable)
due to it being the strongest of emphasized Sunnas.
Pillars/Integrals of Salat – Recitation of the Qur’an
“Recitation of the Qur’an, even if only one verse in any two rak’as of the
obligatory prayer.”
• If reciting only one verse, the verse must contain at least two words, such as
‘thumma nazar…’ [74:21] in order to fulfil the obligatory pillar.
• The recitation must be done standing.
• The one reciting must be able to hear himself (such that he could hear himself in
a quiet environment).
• If your lips are moving but not actually producing sound (like an internal dialogue), then this
is not valid.
“...unless one is praying behind an imam, since there is no recitation for the one
behind an imam.”
• In the Hanafi school, it is prohibitively disliked to recite when praying behind the
imam, including Surah Al-Fatiha (even in silent Salat.)
Pillars/Integrals of Salat – Bowing (Ruku’)
“Bowing”
• Defined as “bending the back to the extent that if one were to extend his arms
toward his knees, they would reach them.”
• It is superior to make the back straight in ruku’ for one who is able.
• The Prophet (SAW) would put his hands on both knees and stretch his fingers
across them. He would not place them above the knees. (Bukhari, Abu Dawud,
and Hakim)
• When the Prophet (SAW) was in ruku’, he straightened his blessed back such that
if water was poured over his neck, the water would not run down.’ (Ibn Majah)
• The Prophet (SAW), while bowing, did not rear his head or lower it. (Abu Dawud)
• He (SAW) kept his head even/straight in ruku’, neither tilting it upwards nor downwards
Pillars/Integrals of Salat – Prostration (Sajda)
“Prostration”
• It is obligatory to place the following limbs on the ground: (1) a part of the
forehead; (2) one hand; (3) one knee; (4) a part of one toe of either foot.
This fulfils the bare minimum for validity.
• The prostration is not valid unless it bears the weight of the head. You
cannot make sajda on things like rice, hay, piles of leaves, etc. (i.e.
substances which shift around when pressure is applied to them,) but you
can make sajda on a mattress, sand and the like.
• The place where you prostrate needs to be somewhat solid/fixed.
• A lot of fiqh rulings were codified when much of the world was an agricultural
society, so a situation is which someone might try to pray on a pile of leaves/hay was
perhaps more likely than in our times.
Pillars/Integrals of Salat – Prostration (Sajda)
• The place of the forehead cannot be elevated above the place of the feet by
more than 25 cm (half an arm’s length) - unless there is a crowd in which
case one may prostrate on the back of someone offering the same prayer.
• In sajda, the highest part of your body when stranding, which is the head, is in the
lowest position. So the fuqaha had to determine what are the minimum requirements
for this. If you’re in a hilly area, and you’re on an incline, your body is tilted more than
it would be on a flat surface. Thus, the fuqaha determined, if your forehead is more
than half an arm’s length above the place of the feet, then it is not a proper sajda.
• If the masjid is so overcrowded, such that the only place for sajda is on the
back/leg/foot of someone else, then this is valid.
• The prostration should be with both the rigid portion of the nose and the
forehead, and not restricted to the nose only, unless there is an injury to the
forehead.
Pillars/Integrals of Salat – Final sitting
“The final sitting for at least the length of the tashahhud.”
• Note that this is not discussing the tashahhud itself (which is a wajib action), but
rather, the final sitting, which is distinct from the tashahhud.
• This means the shortest time it takes one to recite the tashahhud completely with
proper pronunciation of its words.
• The Prophet (SAW) linked the completion of the prayer to the reciting of the
tashahhud, and the tashahhud is only reciting while sitting, therefore the
completion of the salat is linked with the final sitting.
• In the sitting position, the hands are placed on top of thighs. The fingers should be
close together and facing the qibla. The tips of the fingers reach the knees.
• The hands should not be over the knee caps.
All of the conditions and pillars for salah are fard!
You must have them for salat to be valid
• The conditions for the • The conditions for the • The pillars of prayer
obligation of prayer validity of prayer • 1) Standing if one is able,
• 1) Islam–a disbeliever is • 1) Being in a state of ritual except for voluntary prayers.
not subject to prayer purity from both major • 2) Recitation of the Qur’an,
until they embrace and minor impurity. even if only one verse in any
Islam. • 2) Being free of any two rak’as of the obligatory
• 2) Maturity–a child is not physical filth–on one’s prayer
subject to prayer until garments, body, and place • …unless one is praying
they attain maturity. of prayer. behind an imam, since there
is no recitation for the one
• 3) Sanity • 3) Covering the ‘Awra. behind an imam.
• 4) Facing the Qibla. • 3) Bowing
• The cause for obligation • 5) The entrance of the • 4) Prostrating
of prayer prayer time. • 5) The final sitting for at
• Entrance of the prayer • 6) The intention. least the length of the
time. • 7) The opening Takbir. tashahhud.
5.5) Fiqh of Salat (Prayer): Obligations
of Prayer – Opening ‘Takbir’ to Closing
‘Salams’
12/8/2022
Difference Between ‘Fard’ & ‘Wajib’
• Fard is that whose evidence is ‘explicit established transmission’ (Qat’i al-
Wurud) and ‘explicit established indication’ (Qat’i al-Dilala).
• Wajib is that whose evidence is either ‘probabilistic in transmission’ (Zanni
al-Wurud) or ‘probabilistic in indication,’ (Zanni al-Dilala) or both.
• Both the fard and wajib actions are obligatory and necessary, but
epistemologically, the evidence to support the fard actions is much
stronger than for the wajib actions. But both of them are still strong.
• The wajibat are like (fard) pillars – it is just that the evidence used in support of them
from the Qur’an and the Sunna do not have the same level of certitude and strength
found for that which is considered fard.
The Impacts of Leaving a Wajib in the Prayer
• Intentionally leaving a wajib element of prayer is sinful.
• If a person leaves a wajib element on purpose, they must repeat the prayer.
• If a person leaves a wajib element out of forgetfulness, it does not
invalidate the prayer as long as they observe the ‘prostration of
forgetfulness.’
• The wajibat of prayer are to perfect the fard pillars. The Sunnas of prayer
are to perfect the wajibat. The adab of prayer are to perfect the sunan.
Therefore, there are layers of actions, each layer enhancing and perfecting
the one above it and making up for deficiencies.
• Abad to perfect sunan → Sunna to perfect wajibat → Wajibat to perfect fard pillars
The Obligations (Wajibat) Of Prayer
• 1) To say the words “Allahu Akbar” to begin each prayer.
• 2) To recite Surah Al-Fatiha as well as a chapter or (at least) three verses after
reciting Surah Al-Fatiha.
• In the Hanafi school, the reason given for this is that Allah [SWT] challenged the disbelievers
to produce a chapter like the Qur’an. The smallest chapter is three verses, which indicates
that the Qur’an is distinguished from “other than the Qur’an” in this amount.
• 3) To recite the Surah Al-Fatiha as well as a chapter or three verses after it in the
first two rak’as of the prayer.
• 4) To perform prostration with most of the forehead and the hard part of the
nose.
• 5) To perform the second prostration before moving on to other parts of the
prayer.
• 6) To be still for at least a moment in each integral of the prayer. This is defined as the
amount of time it takes to say “Subhanallah” once. “Each integral” means: bowing,
prostration, standing after bowing, and the sitting between prostrations.
• This stillness is required, and one must NOT be in constant movement.
• In the hadith of the man who prayed badly: “The Prophet (SAW) said, ‘...place your palms on your
knees, space your fingers out, and remain like that until every limb takes its proper place.’”
(Tirmidhi) – this refers to the stillness/pausing between the actions of the salat.
• Abu Hurayra: “My intimate friend [the Prophet (SAW)] forbade me from pecking in my prayer like a
rooster, from looking around like a fox, and from squatting like a monkey.” (Ahmad)
• “Pecking like a rooster” refers to one performing sajda too quickly
• “‘The worst thief among people is the one who steals from his prayer.’ He was asked, ‘How does
one steal from his prayer?’ He replied: ‘He does not complete his bowing or prostration.’” (Tabarani
and Hakim)
• The bare minimum pause between the actions of salat is the time is takes to say “SubhanAllah”
once, but the ideal amount of time is the time it takes to say “Subhana rabbiyal adheem” or
“subhana rabbiyal a’la” three or five times.
• 7) The first sitting after the first two rak’as in a three or four rak’a prayer for the
length of time to recite the tashahhud therein.
• 8) To recite the entire tashahhud in both sittings.
• Omitting a part of it is like omitting all of it, which would require a prostration of forgetfulness
if done by accident, or being sinful if done on purpose.
• There are different versions of the tashahhud based on different hadith narrations.
• 9) To rise to the third rak’a without any delay after reciting the tashahhud.
• If a person remains longer out of forgetfulness, for the amount of time it takes to perform a
pillar (e.g. reciting Surah Al-Fatiha, saying the adkhar while bowing/ruku’, etc.), they must offer
the two prostrations of forgetfulness for delaying the obligatory standing of the third rak’a.
• If someone has paused for so long that a pillar of the prayer could have been performed in that
time, then they may be experiencing forgetfulness or are affected by waswasa (shaytan’s
whispering,) and so the prostrations of forgetfulness served to rectify this.
• If the pausing is brief (e.g. just a few seconds), such that it is shorter than the length of time it
takes to perform a pillar of the salah, then this is fine. Just stand up and continue praying.
• 10) To recite the Qur’an aloud in Fajr and the first two rak’as of Maghrib and ‘Isha,
even if they are make-up prayers, in the situation where you are leading others in
the salah.
• ‘Aloud’ here means your recitation is heard by others, not just you hearing yourself.
• 11) To recite the Qur’an in the other rak’as silently to the extent that one can hear
himself.
• *NOTE* If one is praying alone, he has the option between reciting the Qur’an
aloud or silently (where he can hear himself). This is because he is an imam for
himself and there is no one behind him to listen to his recitation.
• 12) To say the word “al-Salam” twice when ending the prayer, each one being an
obligation. Adding “alaykum wa rahmatullah” is a Sunna.
• (In the Maliki school, they only give salam once to the right.)
Dealing with waswasa (shaytan’s whisperings)
or forgetfulness
• If waswasa is a regular problem for someone, then they should
consult with a scholar to help them manage this.
• The scholar may to teach them an alternative view within the fiqh school
which is more lenient that would alleviate their issue and relieve them of the
anxiety that their salat is deficient and/or that they need to constantly do
prostrations of forgetfulness.
• Various differences can exist within one madhab – so a person may be able to
follow a secondary view which makes the prayer easier for them, and which is
also completely valid and sound.
• Note that this is completely different from just picking and choosing a
particular view to make things easy for oneself without a valid excuse. Rather,
it is to bring ease for one who is experiencing a difficulty.
5.6) Fiqh of Salat (Prayer): Sunna
Actions in Prayers, Gender Differences
& Slight Differences in Practices
19/8/2022
Emphasized Sunnas of Prayer
• 1) Before the opening takbir, to raise the hands • 5) To utter the ta’awwudh in the first rak’a only for
to the ears, except for a woman, for whom it is reciting Qur’an.
encouraged to raise her hands to the shoulders. • 6) To utter the Basmalla before Surah Al-Fatiha in
• This is because it helps women to conceal every rak’a.
themselves and have modesty.
• 7) To say Amin after Surah Al-Fatiha and ‘Rabbana
• 2) To keep the fingers slightly spaced apart (also
laka al-Hamd’ after rising from bowing.
palms toward qibla).
• The fingers are not spread out, nor tight together • 8) To utter the Amin after Surah Al-Fatiha and the
‘Rabbana laka al-Hamd’ (after rising from bowing)
• 3) When standing, for the man to place right
silently.
hand over left below the navel (right hand over
• Unlike the Shafi’i and Hanbali schools, in the Hanafi
the top of the left hand, with the little finger and (and Maliki) school, the “Amin” is not said out loud.
thumb of the right hand circling the wrist of the
left hand.) For women, to place the hands, right • 9) To say the takbirs when going into bowing and
hand on top of the left hand, on the chest prostration, as well as when rising.
(underneath the breasts.) • This is saying “Allahu abkar” when switching between
postures.
• 4) To utter the opening supplication (thana’)
• 10) To recite the tasbih three times in both bowing and prostration. • 13) To recite Surah Al-Fatiha in the
• 11) When standing with others, to keep a distance of four fingers last two rak’as of a four rak’a
between your feet and the feet of those standing next to you. prayer, and in the third rak’a of
Maghrib.
• The hadith that mentions that people should stand in jama’ah shoulder-
to-shoulder and foot to foot or ankle-to-ankle with their neighbors, is • Note that omitting the recitation of
commonly misinterpreted. There does not actually need to be physical Surah Al-Fatiha in the first 2 rak’as
contact between the peoples’ shoulders and feet – the hadith is referring means you are omitting a wajib.
to being adjacent with one another, NOT pressed up against each other. • 14) To sent salat upon the Prophet
• If a person keeps adjusting their foot to rub against the next person, and (SAW) in the final sitting.
every time one person moves, they move more – this can invalidate the
• There is a difference of opinion
prayer because of excessive movement. And it also bothers other people
regarding this, but it is discussed in
who are trying to pray.
the books of fiqh and not discussed
• 12) To place the hands on one’s thighs when sitting such that the here.
fingertips are parallel to one’s knees, without grabbing the knees. • 15) To point with the right index
• This is just resting the hands on the knees naturally. The fingers are finger when saying ‘La ilaha’ and
towards the Qibla.
lowering it down with ‘illa Allah.’
• 16) To supplicate afterwards, using words that do not resemble
human speech (so as not to invalidate the prayer) – this means du’a
not found in the Qur’an or Sunna, and that is possible to request for a
human being.
• The Hanafi school is quite strict with regards to the nature of the du’a made in
the salat. In the Hanafi school, if you made a dunya-related du’a (e.g. “Oh
Allah, help me get a new car,”) it would NOT be allowed. You cannot make a
du’a in which you say something that you could say to, or request from,
another person (e.g. “I want to buy a car.”) You can make du’a about matters
relating to Deen and the Hereafter.
• 17) To turn one’s head right and then left with the closing salams.
Gender Differences in the Prayer – Standing (Qiyam)
• A man places his right hand over his
left hand below the navel.
• Right hand over the top of the left
hand, with the little finger and thumb
of the right hand circling the wrist of
the left hand.
• A woman places her right hand over
her left hand on her chest (over her
breasts.)
Gender Differences in the Prayer – Bowing (Ruku’)
• While bowing, men clutch the knees with the hands and
spread the fingers, keep the legs straight without bending
the knees, and bend over fully such that the head is even
with the bottom–yet without raising or lowering the head.
• (There are exceptions to those with flexibility issues)
• While bowing, women bend just enough so the hands

reach the knees, place them on the knees without
clutching them, keep the fingers together, slightly bend the
knees, and keep the elbows pressed against the body.
• Do not overthink this. It is basically just a little more delicate and
gentle compared to the male position, with the elbows held closer
to the body. Women do not flare out their elbows or legs out.
Gender Differences in the Prayer – Prostration (Sajda)
• While in prostration, men keep the abdomen at
a distance between the thighs, the elbows from
the sides, and the arms raised from the ground
(held slightly outwards)–unless it is crowded.
• Forearms are not touching the ground.
• While in prostration, women keep all limbs close
together, even the abdomen close to the thighs,
and the forearms laid out on the ground.
• It is ideal, but not wajib, to press the arms inwards,
such that the forearms are touching the ground.
Gender Differences in the Prayer – Sitting
• While sitting, men sit on the left foot while it is laid
out on the ground, while keeping the right foot
propped up, its toes toward the Qibla.
• This is the ideal position. Not everyone can do this, and
many of those who can do it, can not continue with it
throughout their lifetime for various reasons.
• While sitting, women sit in the tawarruk position,

which is to sit such that the backside rests directly on
the ground rather than on the foot, keeping the right
thigh over the left thigh, with the left foot coming
out from under the right leg.
• Feet are facing towards the right. Toes face towards qibla.
The Basis for Gender Differences in Prayer
• The default for the prayer postures for women is what is most conducive to modesty and concealment
(satr). The basis for the gender differences in prayer according to the Hanafi school is the principle of
satr (modest concealment) along with a number of narrations:
• 1) Yazid b. Abi Habib related: “The Messenger of Allah (SAW) • 4) ‘Ata’ narrated: “A woman should gather her
passed by two women who were praying. (After they were hands as much as possible when standing in
finished) he said to them, ‘When you prostrate, have your limbs prayer.” (‘Abd al-Razzaq al-San’ani, al-
touch each other, for women and men are different in these Musannaf)
aspects.’” (Abu Dawud)
• 5) ‘Ali narrated: “When a woman performs
• 2) Imam Abu Hanifa relates from Nafi’, who said, “‘Umar was prayer, should draw her body close and keep
asked how women performed prayer in the time of the Prophet her thighs close to her stomach.” (‘Abd al-
(SAW.) He replied that initially they sat cross legged, but then Razzaq al-San’ani, al-Musannaf)
they were ordered draw their bodies close and lean to one side
• 6) Ibrahim al-Nakha’i narrated: “When a
(tawarruk).” (Musnad Imam Abi Hanifa)
woman is in prostration, she should draw her
• 3) Wa’il b. Hujr related that the Prophet (SAW) said, “O Ibn Hujr, thighs to her stomach without raising her
when you pray make your hands level with your ears. And a backside, and without stretching her limbs out
woman should raising her hands close to her bosom.” (Tabarani) like a male.” (Ibn Abi Shayba, al-Musannaf)
Why are there differences in prayer?
• It is good to know where the differences in opinion regarding prayer
postures comes from, as you are likely to encounter people praying
differently from how you pray.
• It is not a question of “Who is right?” or “Who is wrong?” – there are
legitimate differences of opinion from the 4 madhahib and they all
have their evidences.
• There should be no arguing or fighting over these legitimate differences.
• These are not differences about validity/invalidity of the salat. Rather,
these differences are variations of posture, based on what is
preferred in a particular school of thought.
The Most Obvious Differences in Prayer
• 1) Raising the hands or not when going into and rising from ruku’.
• We all raise our hands when initiating the prayer (takbira tahrima,) but not everyone raises
their hands when rising from ruku’.
• 2) The position of the hands in prayer.
• Some men place their hands below the navel. Others place their hands above the navel.
Some place their hands even further up on their chest. And some even place their hands by
their sides.
• 3) Saying Amin audibly or silently after the imam recites Surah Al-Fatiha.
• 4) Going into sajda – hands-first or knees-first?
• 5) The raising of the finger during the tashahhud.
• 6) Placing the hands on the chest after rising from ruku’
• This comes from a narration from within the school of Imam Ahmad. So it has a basis within
the Hanbali school. So if someone acts on this view, it is fine.
Differences in Prayer
Malik b. al-Huwayrith related that the Prophet (SAW), “Pray as you have seen me
praying.” (Bukhari)
• This hadith applies to the PILLARS of the prayer.
• Some people have misapplied this hadith – they (wrongfully) think that the hadith means that
any hadith which describes any minor detail of the salat is obligatory to follow. But this is not
how the fuqaha understood this hadith.
• The fuqaha understood the hadith to describe the pillars of the prayer – meaning the actions
that determine if a prayer is valid or invalid.
• This hadith is linked to the hadith of ‘the man who prayed badly’ – so it refers to the
postures (pillars) of salat such as standing, reciting, bowing, rising, prostrating,
sitting, etc., NOT the finer details that the Imams have differed over.
• This hadith does NOT mean that the Sunnas of the prayer are obligatory.
• The differences of opinion are only concerning which is most preferable.
Raising the Hands
• In the Hanafi and Maliki schools, it is preferable to NOT raise the hands except for
the opening takbir. In the Shafi’i and Hanbali schools, it is preferable to raise them
before and after ruku’ (only).
• No one says either view is obligatory to do.
• The difference of opinion over this issue stems from the understanding and
application of certain hadith and differences found in the practice of the early
generations in Mecca, Medina, and Kufa.
• Imam Malik based his opinion on the collective practice of the people of Medina.
• Imam al-Shafi’i and Imam Ahmad based their view on narrations and the practice of the people
of Mecca, who followed the position of ‘Abdullah b. al-Zubayr.
• Imam Abu Hanifa based his view on the practice of ‘Abdullah b. Mas’ud and Imam ‘Ali.
• ‘Alqama reports: “Abdullah b. Mas’ud said, ‘Should I not demonstrate the prayer of
the Messenger of Allah (SAW) for you?’ He performed the prayer, and did not raise
his hands except at the initial takbir.” (Sunan al-Tirmidhi)
Raising the Hands
• Either view is fine to practice, and raising or not raising the hands does not
affect the validity of prayer.
• If one raises their hands in the prayer, the hands should face the Qibla (not
with the palms facing each other or palms facing the body).
• For those take the Shafi’i and Hanbali view, the only times when they should
do raise the hands are:
• 1) Opening takbir
• 2) Before going into ruku’
• 3) Rising from ruku’
• (As for raising the hands at other times, such as going from to sajdah to sitting, that
practice–found in a hadith–is abrogated.)
The Position of the Hands
• There are three reported positions for the hands in prayer:
• 1) Below the navel–Hanafi and Hanbali schools
• 2) Above the navel–Shafi’i school (and a secondary view in the Maliki school)
• 3) By the sides–Maliki school
What about this? – Hands over the upper chest
• Not a single Imam (from the Great Imams) has ever understood the hadith
about the hand placement to refer to this part of the body.
• In fact, this position is disliked (makruh):
‫ "[يضع يديھ] أسفل السرة بقليل ويكره أن يجعلھما على‬:‫قال اْلمام أحمد بن حنبل في رواية المزني‬
‫ وذلك لما روى عن النبي صلى هللا عليه وسلم أنه نھي عن التكفير وھ َ وضع اليد على الصدر‬، "‫الصدر‬
Imam Ahmed bin Hanbal said in Al-Muzni’s narration: “[He puts his hands] a
little below the navel and he hates to put them on the chest.”
• This position goes against the sound fitra and humility of prayer, and against
the body’s natural position.
• Interpreting the meaning of “chest” to be so high on the torso is exaggerating the
interpretation of the ahadith that describes the Qiyam position
• According to one hadith, the reason why this posture is disliked is because it
resembled the prayer of some of the early Christian sects.
• The Ethiopian Coptic Christian Church have a prayer style which has a lot of similarity
to how Muslims pray.
What about this? – Hands over the upper chest
ًٓ‫ٓفرأىٓرجَل‬،‫ٓوكانٓمھيبًا‬،‫ (كنتٓأطوفٓمعٓسعيد بنٓجبير‬:‫ٓقال‬،‫عنٓعبيد هللآبنٓالعيزار‬
‫ٓفضربٓيده)؟‬،‫يصلي قدٓوضعٓإحدىٓيديھ علىٓاألخرى‬
‫ٓوجعلھما عندٓصدره؛ٓألنٓذلكٓشبھ التكفير‬،‫ (إنمآرآهٓقدٓوضعٓإحدىٓيديھ علىٓاألخرى‬:‫فقال‬
Ubaydullah b. al-’Ayzar said, ‘” was once performin tawaf around the
Ka’ba with Sa’id b. Jubayr [one of the greatest of the second
generation’s jurists], who was held in great awe [by others]. He saw a
man in prayer who placed one of his hands over the other, and so he
[Sa’id b. Jubayr] struck his hand.”
Imam Ahmad commented [about this narration]: “He saw him place
one hand over the other and place them on his chest, as that resembles
takfir.” (Su’alat ila Imam Ahmad)
(“Takfir” in this context means placing the hands high up on the chest.)
Saying “Amin” Audibly or Silently after Surah
Al-Fatiha?
• The difference of opinion is whether “Amin” should be uttered audibly or silently after Surah Al-Fatiha (in
Jama’ah).
• The Hanafi and Maliki view is to be silent, and the Shafi’i and Hanbali view is to say “Amin” audibly.
• It is recommended to say “Amin” behind the imam at the completion of Surah Al-Fatiha.
• The Hanafi and Maliki opinion is that Amin was uttered audibly by the Prophet (SAW) (in the early days of
Islam) to familiarize the Companions with saying Amin after Surah Al-Fatiha; after which he would say it
silently like all other du’as in prayer.
• Imam Malik bases his view on the collective practice of the people of Medina.
• Imam Abu Hanifa bases his view on certain hadith and the reasoning that Amin is a du’a, and the basis for all du’as is that
they should be silent.
• The Shafi’i and Hanbali opinion is that the hadith mentioning the audible Amin establishes it as a norm,
and therefore it is recommended to say Amin audibly when the imam recites Surah Al-Fatiha.
• Abu Hurayra narrated, “When the imam recites ‘ghayr al-maghdubi ‘alayhim wala-dallin,’ say amin,
because the angels say it and so does the imam.” (Sunan al-Nasa’i)
• The Hanafi interpretation of the hadith is that if saying “Amin” audibly was the form, then why does the hadith mention
that the angels and the imam also say it? If the imam was saying it audibly, then it would be heard by the congregation.
Going into Sajda – Hands-First or Knees-First?
• The position in the Hanafi and Shafi’i schools (and a narration from Imam Ahmad) is that it is
preferable to go into sajda with the knees before the hands.
• This is based on the hadith of Wa’il b. Hujr: “I saw the Messenger of Allah (SAW), when he would go
into sajda, he would put his knees down before his hands, and when he got up he would raise his hands
before his knees.” (Abu Dawud, al-Tirmidhi, al-Nasa’i, Ibn Majah)
• The position in the Maliki school (and a narration from Imam Ahmad) is that it is preferable
to go into sajda with the hands before the knees. This is based on a few hadith, such as:
‫إذا سجد أحدكم فَل يبرك كما يبرك البعير وليضع يديھ قبل ركبتيھ‬
“When one of you goes into sajda, he should not kneel like a camel, but should place his hands
before his knees.” (Abu Dawud, al-Nasa’i)
• The scholars differed over which of these narrations are stronger, and also on the meaning of
‘kneeling like a camel.’
• Either manner of going into sajda is permissible.
The Raising of the Finger in the Tashahhud
• Hanafi: point when saying ‘la ilaha’ and lower it when saying ‘illa Allah.’
• You do not raise the finger at any other time before or after this.
• Shafi’i: point when saying ‘illa Allah,’ and then lower it.
• You do not raise the finger at any other time before or after this.
• Hanbali: point at each time when mentioning Allah’s name.
• Only point when saying the name “Allah” and then lower it.
• Maliki: with side of index finger facing upwards, and the finger slightly
curved, and the other four fingers of the hand shaped into a fist,
resting on knee, the index finger moves softly/subtly horizontally (right
and left), until end of prayer.
• Wagging the finger vigorously is not recommended.
Reasons & Wisdoms For the Raising of the
Finger in the Tashahhud
• One hadith says it “vanquishes Satan”
• It is distinct from sitting and reminds one they are in prayer
• It evokes the pointing of the finger made when uttering the Shahada
5.7) Fiqh of Salat (Prayer):
Etiquettes, Permissible & Disliked
Actions in Prayers
26/8/2022
Adab of the Prayer
Adab is sometimes translated as “etiquette”, “manners” or • 2) To try one’s best to refrain from
“propriety.” It can also be considered as the better/proper coughing, and to keep one’s mouth closed
way of doing something. when yawning.
The omission of these acts of etiquette does not entail any • This is referring to suppressing an involuntary
cough.
blame. They are on the same level as that which is mandub
• Purposely coughing or belching that produces
(encouraged).
sound may invalidate the prayer if it results in
Etiquette in the prayer: enunciated letters like “uh” – because you are
producing sounds/words of 2 letters or more
• 1) To look to one’s place of prostration when standing; outside of the context of salat.
the top of one’s feet while bowing; the tip of one’s nose • If one cannot control their yawning, they
while prostrating; the lap while sitting; and each should cover their mouth with their hand or
shoulder when making the closing salams. sleeve. (It is preferable to cover with the palm
• Looking around during the salah is disliked, and is considered of your right hand. But if only your left hand is
a type of stealing from the prayer, according to one hadith. It free, then use the back of the left hand.)
is even more blameworthy if a person is looking upwards. • 3) Closing the eyes in prayer is not
• The tip of one’s nose cannot actually be seen while is sajda, preferred, unless one is having a difficult
but the point is that you are looking towards the ground. time focusing due to outside stimuli.
• You should look at your shoulder, rather than the horizon,
when making the closing salams.
Things that Invalidate the Prayer
If someone does any of these things, they need to start their prayer over again:
• 1) To utter a word of ‘human speech’ (as opposed to words of prayer), even if out of forgetfulness.
• “Human speech” are things that one would conceivably say to another human being. This can include sounds, statements,
and things unrelated to du’a, dhikr, recitation of Qur’an etc. that one would make in salah.
• 2) Excessive movement.
• Excessive movement is defined as: Actions which, to an onlooker from afar who did not initially know that the person was
praying, would be fairly certain that its doer was not praying. This is somewhat subjective.
• Excessive movement is estimated as at least three continuous movements, such that if one walks three continuous steps,
the prayer in invalid, (even if the movements were not voluntary e.g. if someone pushed you and you took 3 steps to stop
yourself from falling.) If the movements are separated (i.e. not performed consecutively) then the prayer remains sound.
• If the movement is to fix the prayer, it remains sound. This could include things such as fixing your garment to avoid
revealing awrah, moving rocks aside for the first sajda when praying outside, etc. These are actions which are done for the
purpose of having more presence in the salat, removing some impediment to concentration in salat, or rectifying the
salat. It is NOT fidgeting or checking one’s watch.
• Some movement, such as shifting your feet, is inevitable, whereas other movements are preventable and should be
avoided. It is good to take some precautions to avoid excessive movement, such as making sure your phone is on silent so
that it does not make noise during the prayer, causing you to make movements to try to turn it off. The more conscious
you are of the movements you make in salat, the more focus in salat you’ll have over time – the outward state affects the
inward state.
• 3) To eat or drink
• If there is leftover food in the mouth, the prayer is invalid only if what is swallowed is the size of a chickpea or
larger. If the remnant of food is smaller than that, then that would not invalidate the prayer.
• 4) To say salam to someone or shake their hand.
• 5) To turn the torso away from the qibla.
• If someone only turned their head away from the qibla, that would not invalidate the prayer. It is the movement
of the torso/chest/body away from the qibla which invalidates the prayer.
• 6) To make du’a using words that resemble normal human speech.
• The Hanafi madhab is very strict with this compared to the other madhahib. In the other schools you can make
du’a for worldly things in the prayer. But in the Hanafi school, the du’a should be only things which you can ask
of Allah (SWT) and not another human being. Examples of things you could make du’a for include: entering
Jannah, avoiding the Hellfire, asking for forgiveness and pardon, good health etc. These are different from asking
for worldly things (e.g. “Give me a car.,”) which is something you could conceivably ask of another person
(outside of salat, in the human realm), and so making such a du’a in salat is impermissible according to the
Hanafi school. The other madhahib take a more lenient position.
• 7) For one’s ‘awra to be uncovered for the length of time it takes to perform a pillar (e.g., three
tasbihat.)
• If one-fourth of a limb or more (untintentionally) becomes exposed for less than this time, it is excused.
• If less than one-fourth of a limb (unintentionally) becomes exposed for any duration of time, it is excused.
• If someone purposely exposes a limb from the ‘awra during the prayer, the prayer in invalidated no matter how
short a duration or how little.
• 8) To carry on one’s body or clothing and inexcusable amount of filth.
• 9) For the follower the precede the imam by a pillar.
• If the one praying behind the imam makes their opening takbir before the imam completes his takbir, then the
person did not enter the prayer properly and would need to start the prayer over again.
• If the person praying behind the imam beats the imam to a pillar (e.g. they enter the ruku’ position before the
imam makes ruku’,) then the person’s prayer is invalid and they would need to start the prayer over again.
• For the imam or one leading people in prayer, it is useful to time the takbirat to prevent this from happening e.g.
when rising from sajda, saying the takbir only once you are almost upright, rather than as you are rising, so that
people who rise quickly do not reach the standing position before you.
• 10) To miss a pillar of the prayer and not make it up before the end of the prayer.
• Will be explained more when discussing the prostration of forgetfulness
Things That Are Disliked in Prayer
• The basis for the list of things that are disliked in prayer is the
offensiveness of deliberately omitting an obligation (wajib) of the
prayer or a sunna act. Every Makruh in this list entails leaving what is
either wajib or sunna.
• Leaving a wajib act is ‘prohibitively disliked,’ and leaving a sunna is
‘mildly disliked’; however, it could be sinful if it is habitual.
• In the Hanafi school, these are the two categories of disliked things: makruh
tahrimi (prohibitively disliked – this is essentially the equivalent of haram
[impermissible] and thus is sinful) and makruh tanzihi (mildly disliked – these
are things which are disliked but not sinful, but doing it continuously could be
considered sinful.)
• 1) To fiddle around (al-‘abath) with • 8) To gather one’s garment close to the body before going
one’s garment or body, without into prostration (prohibitively disliked as it is a sign of
excessive movement. arrogance – being too proud to allow the garments to get
• 2) To wipe away pebbles on the ground, dust on them when prostrating).
except once for purpose of prostration. • 9) To close one’s eyes. (This is mildly disliked, unless there is
a legitimate reason, such as it helping one to focus.)
• 3) To (purposely) crack one’s knuckles
(prohibitively disliked). • 10) To yawn.
• 4) To place one’s hands on one’s hips • 11) To stretch one’s arms, exposing the chest (mildly disliked,
(prohibitively disliked). unless there is excessive movement).
• 5) To turn one’s neck (prohibitively • 12) To cover one’s mouth and nose (except when yawning –
disliked). in which you can cover with the [preferably, right] hand.)
• 6) To roll up one’s sleeves. • It would be fine to wear a face mask for a medical reason.
• 7) For men to pray in only a lower • 13) To prostrate with the forehead covered (mildly disliked,
garment (that covers the ‘awra) while unless there is an excuse, such as if the ground is very hot).
having the ability to cover the whole • If the ground is hot, they could wrap their forehead in a garment
or place a garment on the ground).
body (prohibitively disliked).
• 14) To prostate on a picture.
• 15) To pray in a road, lavatory, or graveyard.
• 16) To pray while having the urge to urinate or defecate. (This is prohibitively disliked.)
• 17) To pray in work clothes (these are clothes that are usually dirty and worn out, or clothes that one
normally wears in the house and are not suitable attire for meeting distinguished people.) (Mildly
disliked)
• However, we do live an age where we may meet distinguished people while wearing pyjamas. But the idea is that is
it better to pray wearing beautiful/dignified clothes, and it is disliked to pray in the clothes that you value the least.
• If you could walk out of the house with the clothes you wear in the house, then it is fine to pray in them. But if they
are shabby, then it is better to pray wearing something else, if you are able.
• 18) To pray in a garment one which there is a picture of an animate creature (prohibitively disliked).
• An animate creature means a human being, animal or cartoon figure
• 19) For men: to pray with one’s head uncovered, unless done out of humility.
• Historically, in Eastern societies, it was the norm for men to wear some form of headgear, and this was a seen as a
sign of dignity in society. And this is why not wearing the headgear could be considered as a sign of humility.
• In the Hanafi school, it is recommended to wear a head covering (topi/kufi) in the salat.
• 20) To pray when food has been served (when one is hungry, such that it would distract
one from the prayer).
• 21) To prayer in the presence of a picture of an animate creature.
• This is most severely disliked if the picture is in front of one (between one and the qibla), followed
by above one’s head, followed by on one’s right or left–in all cases being prohibitively disliked.
• If the picture is behind one, it is mildly disliked.
• It is not disliked if the picture is so small that, if on the ground, the details of the limbs would not
be plainly visible to a standing person; nor if it is covered or if the face is severed.
• This does NOT apply to reflections in a mirror, or window, or body of water. If a person is in a room
that has a mirror on the wall in the direction they are praying to, that mirror is not considered the
same as a photograph or drawing. The same applies for a window or body of way that can display
one’s reflection.
• 22) To pray around that which would distract one.
• If you are in an environment where there are a lot of distractions and you have the opportunity to
go somewhere else, then go somewhere else.
• 23) To pray in a congregation standing alone in a row.
• If one walks into the jama’ah and the rows are filled, then they should not stand alone in the next row. They
should get someone to stand next to them and then pray.
• In this situation, if you tap someone on the shoulder to gesture to them to move with you to the next row, and
they do so, this would not be considered an excessive movement as this was action was performed for the
purpose of perfecting the prayer. However, it is not recommended to for you to move to the next row on your
own without being “nudged”, as this could be considered excessive movement since it is something you are not
obligated to do (in Shaykh Abdul Aziz Suraqah’s opinion).
• 24) To pray in front of a furnace.
• This is because it can be seen as an imitation of the majus/Zoroastrians who would offer their prayer in front of
fire. Thus, we should avoid offering salat towards a fire. (The Zoroastrians do not actually pray to a fire, but they
had ashes that they constantly keep alight by adding more wood.)
• 25) To wipe dirt or sweat of one’s face that does not distract him, during the prayer.
• If you were praying on a hot day, and there was sweat dripping down from your forehead, you can wipe this off as
it is disturbing your prayer. The same could be said if you needed to wipe snot coming from your nose, if it is
disturbing you from the prayer. These would be valid because doing these actions are a means of rectifying your
prayer (as long as they are only making necessary movements). But if you just do not like being sweaty/dirty, and
the sweat/dirt is not actually preventing/disturbing you from the prayer, then it is disliked to remove it from
oneself during the prayer, and to do so may be considered excessive movement (depending on how it is
performed.)
Things That Are Permissible In The Prayer
• 1) It is recommended for one praying alone to place a barrier (sutra) in front of him.
• A hadith mentioned that sometimes, when the Prophet (SAW) was praying outside, he would use
a spear stuck into the ground as a sutra, so that anyone who’s walking nearby would not be able
to walk in front of him, but would have to walk around the sutra.
• Use of a sutra is ideal, but it is not always possible (such as in very crowded situations,) but it is
recommended if you are able.
• A sutra generally needs to be larger than a set of keys.
• Whether or not you have a sutra, if a person is passing in front of you in the area where you would
make sajda, you can say “SubhanAllah”, or you can even make a gesture to ward that person away.
This gesture could be something like putting your arm out to block the person from walking in
front of you. This is permissible, even though it could look like excessive movement. And even
though by saying “SubhanAllah,” you are uttering words, it is a word of salat, and you saying it for
the purpose of blocking someone from passing through your prayer area. And if the person trying
to pass is insistent, then you can be more forceful in stopping them from passing in front of you.
Note that this applies for the distance at which you make sajda – if someone who is passing in
front of you is further away, then their passing does not affect your prayer and you should not try
to obstruct them.
Things That Are Permissible In The Prayer
• 2) Fastening one’s belt.
• This is allowed even though it is a movement that is not part of the salat.
• 3) To pray facing a copy of the Qur’an, a sword, the back of someone sitting (but not
someone’s face as this is prohibitively disliked), a candle, or a lamp.
• This means just facing a copy of the Qur’an (mushaf) (or for example, a bookshelf with mushafs on
it) while praying, but NOT praying while reading from the mushaf, as this is not permitted in the
Hanafi school (whereas in the other schools, it is allowed, with some conditions.) Imam Abu Hanifa
considered the act of reading itself while in salat to be an extra action.
• It can be another other tool as well.
• You can pray facing a candle/lamp but not a furnace because unlike a furnace, wood cannot be
added to the candle/lamp to keep it alight. Zoroastrians would add wood/material to keep their
flame alight. Thus, by praying facing a candle, it is not as though one is imitating the Zoroastrians.
• 4) To kill a snake or scorpion, if one fears their harm, with no more than two strikes, even
with turning away from the Qibla.
• If it takes you 3 strikes or more, then you need to start your prayer over again, as 3 consecutive
movements invalidates the prayer.
Breaking the Prayer
• In the Hanafi school, once you start the prayer, you • If one is praying a Sunna prayer and they
continue it and do no break it. Allah (SWT) says: hear the iqama, they should speed up
‫َع َماَل ُك ْم‬ ِ ِ َّ ‫َطيع َا‬ ِ ِ ‫يا أَُّيها َّال‬
ْ ‫الرُس َ َل َوََّل تُْبطُل َا أ‬
َّ ‫يع َا‬
ُ ‫َّللاَ َوأَط‬ ُ ‫آمُن َا أ‬ ‫ين‬ ‫ذ‬ slightly but not break the prayer.
َ َ َ َ • The obligatory prayer is superior to the
“O you who believe, obey Allah and obey the Messenger, sunna prayer.
and do not invalidate your actions.” [47:33] • Some people hold the view that in this
• The verse can be interpreted as a command that one should situation, one should break the sunna
not purposely break their actions (such as salat) without prayer and join the jama’ah, and while this
need. is a valid view, the view which is preferred
in the Hanafi madhab is to speed up and
• It is permissible to break the prayer if one is being finish the sunna prayer.
robbed of something worth one dirham or more. • In the Hanafi school, if you come to the
• It is obligatory to break the prayer if one hears a call for masjid for Fajr before having prayed the
help from someone in an emergency, or if one fears sunna for Fajr, and the jama’ah has already
that a blind person will fall into a well or the like. started, if you are reasonably sure that you
have time to pray the sunna rak’as and then
• These sorts of emergencies are time-sensitives obligations
join the jama’ah without missing it, then
you should do so.
5.8) Fiqh of Salat (Prayer): Witr,
Traveler's Prayers, Sunna Prayers,
Prostration of Forgetfulness
2/9/2022
Learning Objectives
• 1) The Witr prayer
• 2) The prayer of the traveller
• 3) The emphasized Sunna prayers
• 4) The prostration of forgetfulness
Witr
• Witr prayer is wajib in the Hanafi school.
• In the Hanbali, Maliki and Shafi’i schools, the Witr prayer is a highly emphasized sunna prayer – it is not obligatory.
• However, it is important to realize that in the Hanafi school, there is a distinction between ‘fard’ and ‘wajib’ – fard is
a degree higher than wajib as it is more explicit evidences. So ‘wajib’ in the Hanafi school is used differently than in
the other schools.
• “The witr is a duty, so he who does not observe it is not from us.” – Prophet Muhammad (SAW)
• This hadith is one of the evidences that the Hanafi school uses to say that praying Witr is an obligation.
• Witr consists of three rak’as, prayed together, with one set of salams. It is good to recite al-A’la (in the
first rak’a), Kafirun (in the second rak’a), and Ikhlas (in the third rak’a).
• In the Hanafi school, the Witr prayer is very similar to the Maghrib prayer.
• In the third rak’a, after reciting a surah after Surah Al-Fatiha, and before bowing (ruku’), one should
raise their hands to the level of the ears and say “Allah akbar” and then supplicate with the Qunut, and
then perform the ruku’ and continue with the rest of the salah as normal.
Qunut Supplication
ٓ‫علَي َْك‬
َ ‫ئ‬ ْٓ ‫ْك َونُثْ ِن‬ َٓ ‫علَي‬
َ ٓ‫ٓونَت َ َو َّك ُل‬َ ِ ‫ك‬َ ‫ب‬ ٓ ُ
‫ن‬ ‫م‬ِ ْ‫ؤ‬ُ ‫ن‬ ٓ
‫و‬َ ٓ
‫ك‬
َ ‫ر‬ُ ‫ف‬
ِ ْ
‫غ‬ َ ‫ت‬‫س‬ْ َ ‫ن‬‫و‬َ ٓ
‫ك‬َ ُ ‫ن‬‫ي‬‫ع‬ِ َ ‫ت‬‫س‬ْ َ ‫ن‬ ٓ‫ٓإنا‬ ‫م‬ ‫ھ‬ َّ
َّ ُ ‫اَلل‬
َ ‫ك ا َ ٓللَّ ُھ َّمٓ ِإي‬
ٓ‫َّاك‬ َٓ ‫ٓون َْخلَ ُٓع َونَتْ ُر ُكٓ َم ْنٓئ َّ ْف ُج ُر‬ َ ‫ٓو َلٓنَ ْكفُ ُر َك‬ َ ‫ٓونَ ْش ُك ُر َك‬ َ ‫ال َخي َْر‬
ٓ‫وٓر ْح َمٓت َ َك‬َ ‫ُٓون َْر ُج‬ َ ‫ُٓو ِإلَي َْكٓٓنَ ْسعأئ َون َْح ِفد‬ َ ‫ص ِلئ َونَ ْس ُجد‬ َ ُ‫ُٓولَ َكٓن‬ َ ‫نَ ْعبُد‬
ٓ‫ارٓ ُٓم ْل َحق‬ِ َّ‫عذَابَ َكٓ ِبال ُكف‬َ ٓ‫عذَابَ َكٓ ِإ َّن‬ َ ‫َون َْخشآئ‬
“O Allah! We invoke you for help, and beg for forgiveness, and we believe in you
and have trust in you and we praise you, in the best way we can; and we thank you
and we are not ungrateful to you, and we forsake and turn away from the one who
disobeys you. O Allah! We worship you and prostrate ourselves before you, and we
hasten towards you and serve you, and we hope to receive your mercy and we
dread your torment. Surely, the disbelievers shall incur your torment.”
Qunut Issues
• If a person has not memorized the Qunut supplication, there are to say
“Allahumma ighfir-li” (O Allah, forgive me) three times or “Rabbana atina
fid-dunya hasana wa fil-akhirati hasana wa qina ‘adhab al-nar” (O Lord,
give us good in this world and good in the Hereafter, and save us from the
torment of Hell).
• If one follows an imam who recites the Qunut in the Fajr prayer, he is to
perform it with the imam silently and keep his hands down by his sides.
• In the Maliki school, the Qunut is recited in the Fajr prayer rather than the Witr
prayer, and it is recited silently, before ruku’.
• If one forgets to recite the Qunut in witr and then remembers it during
bowing or rising from bowing, he is NOT to say it, but should continue the
prayer and then make the prostration of forgetfulness.
The Prayer of the Traveller
• In Islamic law, a traveler receives certain dispensations (rukhas) and allowances that a resident
does not. These dispensations include:
• Wiping footgear for 72 hours (whereas a resident has 24 hours.)
• Breaking the fast in Ramadan even though one is healthy.
• Not wajib for men to attend Jumu’a or Eid.
• As for the traveler shortening his four rak’a prayers, it is considered a ‘stricture’ (‘azima) and not a
dispensation; thus it is considered obligatory.
• In the other madhahib, shortening the prayers would be another dispensation for the traveler. But in the
Hanafi school, shortening the prayer is not a dispensation, but an obligation, on one who is travelling
(provided they meet certain conditions). An ‘azima is the opposite of a dispensation (rukhsa.)
• Combining of prayers is not permissible in the Hanafi school, except during the Hajj, during which both
shortening and combining of prayers is performed. Other schools are more lenient – the traveller can combine
and shorten Dhuhr with Asr (prayed within Dhuhr time) and Maghrib (not shortened) with ‘Isha. (However,
within some of these other schools, such as the Maliki school, it may be preferred to combine prayer during
the journey to/from your destination, where there is a risk of your travel plans getting delayed. Otherwise,
you can just shorten the prayers without combining them.)
Prayer of a Traveller
• The minimum distance of travel for these rulings to take effect is 48 miles (77 km). A
reasonable estimation of the distance is sufficient.
• The basis for this comes from the pre-modern way of measuring distance. The distance of a traveler
was described as the duration of a 3-day journey by camel or foot, at average page, on land that had
an average terrain (i.e. without large mountains or barriers.) And this was found to be 48 miles. And
this calculation is a bit different for one who is travelling by boat or in a mountainous area, but
generally speaking, it is 48 miles.
• When a person has left the city limits of his residence, intending to travel to a place that he
will reach at that distance (~48+ miles), then once they have passed the distance of 48 miles,
they shorten their four rak’a prayers to two rak’as. This shortening is considered wajib.
• The distance of 48 miles is only counted from outside of your city, regardless of how big or small the
size of your city is. (In the city, including at the outskirts, there is still access to water, resources,
markets etc.)
• If you are travelling to a place, and it is located less 48 miles away from the city limits of where your
home is, then you are not considered a traveller, and you must pray your salat normally (not
shortened.)
• If a person travels a distance of 48 miles outside the city limits of the city where their home is,
they can shorten their prayers, regardless of how long they intend to stay at their destination. But
once a person reaches a place and intends to stay there for at least 15 full days, they must
complete the four rak’a obligatory prayers rather than shortening them.
• While travelling to the destination where they intend to stay for 15 days (or more), one can shorten the
prayers once they have covered a distance of ~48 miles from the city limits where their home is located.
Similarly, when a person is leaving a place, once they have covered a distance of ~48 miles of the place where
they stayed for 15 days or more, they can shorten the prayers until they arrive at the next destination where
they intend on staying for 15 (or more) days.
• Once a person reaches the place where they intend to stay for more than 15 days that that the person will no
longer be considered a traveller and will have to pray their salat normally.
• If someone travels to a place, and stays there for less than 15 days, then they shorten their prayers while
travelling to the place (after they have covered a distance of ~48 miles), and continue to shorten their prayers
while in the place they are staying for less than 15 days, and also when they are leaving that place. They are
considered a traveller throughout.
• The journey of a traveler ends upon entering the city limits of his normal place of residence, or
when they make an intention of staying at another town for more than fifteen days.
• If one intends to remain at a location for • The rules for travelers apply regardless of how frequently one is
less than fifteen days, or does not intend making a journey, or the reason why one is making the journey.
his length of stay, and remains longer • For example, if there was a person studying at a university that is 57
(than fifteen days) without a fixed miles away from their home, and they travel to the university 4 days a
intention and not knowing when he will week (i.e. still living at their parents’ home, not living in an
accommodation near the university), it is fine for that person to
depart (e.g. one who has been delayed at
shorten their prayers when they travel to/from the university and
a particular location), he may continue to while at the university, even though they do this every week.
shorten the prayers. • The same would be true for truck drivers as they are on the road. So
• Example: A person makes a journey to a no matter how often they are making a journey, they are not in any
place, intending to stay there for two or fixed place, so as long as they are travelling, they can shorten their
three days. Every day, he makes the prayers.
intention of leaving the following day, but he
• Also if, for example, someone travelled 50 miles everyday to their
is still unable to leave due to unforeseen
place of work, they can shorten their prayers while commuting and at
circumstances (e.g. bad weather conditions,
their workplace, even if they are working there 5 days a week. (And in
visa problems, etc.). The days pass – Fifteen,
fact, in the Hanafi school, you should shorten your prayers if you are in
then twenty, and eventually, it becomes over
this situation, as you meet the conditions of being a traveller.)
a month. Because he did not, at any point,
make the firm intention of staying there for • It is only when someone intends and stays at their destination for 15
fifteen days, he remains a traveller (musafir), or more days that they would pray their salat normally (without
regardless of how long he stays at that place. shortening the prayers.)
Traveller Scenarios
• Zayd, from NYC, boards a flight from JFK Airport to London, intending to remain in London for
17 days. As a traveler, he shortens his prayers on the way to London. Once he arrives in
London, he discontinues shortening his prayers and performs the prayers normally (because
he intended to stay longer than 15 days). Upon his way back to JFK he shortens his prayers
and discontinues upon arrival at JFK.
• If Zayd had intend to stay in London for less than 15 days, he would shorten his prayers for the duration
of his trip.
• Khalid intends to stay in Mecca and Medina for 20 days, but does not specify his residence at
one of the two locations (i.e. he does not specify how long he is going to stay at Mecca, nor
how long he is going to stay in Medina.) Because he has not specifies an intention for how
long he would stay at a destination, he continues to shorten his prayers even though he is
traveling longer than 15 days.
• If Khalid specified how long he intends to stay in Mecca or Medina, then this may change how he prays.
For example, if he decides to spend 4 days in Mecca and 16 days in Medina, then he would shorten his
prayers while in Mecca (as he is now staying in Mecca for less than 15 days),and pray normally while in
Medina (as he is now staying in Medina for more than 15 days).
• If a traveler offers prayer behind a resident imam, the traveler follows the imam and completes
the four rak’as.
• If you’re a traveler staying in a place for less than 15 days, then you can pray 2 rak’as for Dhuhr if you are
praying by yourself. But if you’re praying behind an imam who is a resident of the place you are in, then
you pray with the jama’ah.
• It is valid for a traveler to serve as imam and lead people who are residents. It is recommended
for him to inform those praying (after salams) that he is traveler and shortening his prayer.
• In this situation, it is advisable that you inform the people that you will be shortening the prayer because
you are a traveller, to avoid confusion for the people praying behind you.
• Those who are residents would then need to complete the rest of their salah.
• If someone forgot to pray Dhuhr, Asr or ‘Isha when on a journey and remembered after
returning home, they make-up the prayer (qada’) and perform it as two rak’as and not four
rak’as, even though they are at home.
• This is because at the time that the salah was obligatory, you were travelling and shortening the prayers.
So when making up the missing prayer, you pray it as you would have when you were travelling.
Sunna Prayers
• The wisdom of Sunna prayers is that they ‘repair’ and ‘mend’ the
deficiencies in the obligatory prayers.
• The emphasized Sunna prayers are ‘emphasized’ because they are
close to the ruling of obligatory (wajib) with regard to sin, since
omitting an emphasized Sunna, persistently and without excuse,
entails blame and sin.
• This is not the case in the other madhahib, where it is still considered
blameworthy to an extent if a person does not perform the sunna prayers
habitually, but the person is not considered disobedient or sinful.
Emphasized Sunna (Sunna Mu’akkada) Prayers
Two Rak’a Prayers: Four Rak’a Prayers (one set of closing salams):
• Before Fajr (the most emphasised of all the • Before Dhuhr
sunna prayers)
• Before the Friday prayer
• One should pray this even if they come late and
the Imam has already started praying the fard Fajr • After the Friday prayer
prayer. But if there is a risk of missing the fard Fajr
prayer, then they should join the congregation for
the fard prayer, and they do not make up the 2 • NOTE: Another surah must be recited after Surah Al-
sunna rak’a later. Fatiha in the 3rd and 4th rak’a for these emphasized
• If one misses Fajr salah, then they should also sunna prayers. There is a first sitting at the end of
make-up the 2 sunna rak’a and 2 fard rak’a for Fajr,
the 2nd rak’a, in which you only recite the tashhahud
if they are performing the make-up prayer before
Dhuhr on the same day. If it is past Dhuhr, then (at-tahiyyaat) like you would in a fard salah. The
they only need to make up the fard 2 rak’a for Fajr. closing salam only occurs in the final sitting at the
end of the 4th rak’a (i.e. it is NOT prayed as 2 rak’a
• After Dhuhr
with closing salams + 2 rak’a with closing salams)
• After Maghrib • This is different from fard 4 rak’a salah in which you only
recite Surah Al-Fatiha in the 3rd and 4th rak’a.
• After ‘Isha
Non-Emphasized Sunna Prayers
Non-emphasized Sunna Prayers (it is not considered Other non-emphasized Sunna prayers include:
sinful if one persistently does not perform these): • 1) Two rak’as greeting the masjid (Tahiyyat al-Masjid)
• Four before ‘Asr before sitting down in any time the prayer is not disliked
• Four before ‘Isha • 2) Two rak’as after performing wudu, before the limbs
dry
• Four after ‘Isha
• 3) Four to twelve rak’as of Duha prayer.
• Six after Maghrib (with three sets of salams)
• One set can be counted as the two emphasized sunna • 4) Any nafl/voluntary prayer
rak’as of Maghrib
• 5) The prayer of making a decision (Istikhara)
• 6) The prayer of need (Salat al-Haja)
• NOTE: for these 4 rak’a salat, in the sitting at the end
of 2 rak’a, you recite the tashahhud (at-tahiyyaat) and • 7) The night prayer before the two days of Eid
also recite the durood, but do NOT give salams. Then • 8) The night prayer in the last ten nights of Ramadan
you stand up for the 3rd rak’a, you recite the thana’, (Note: Tarawih is an emphasized Sunna)
ta’awwudh, basmala, Surah Al-Fatiha and a second
surah. In the 4th rak’a, you recite Surah Al-Fatiha and • 9) The night prayer in the first ten nights of Dhu al-Hijja
another surah, and the final sitting is as normal
(tashahhud, durood & du’a) with closing salams.
Praying 4 rak’a: Fard vs Emphasised Sunna vs Non-Emphasised Sunna
Emphasised Sunna (sunna
4 RAK’A Fard Prayer Non-emphasised Sunna Prayer
mu’akkada) Prayer
Takbira Tahrima (opening takbir – “Allahu Akbar”), thana’, ta’awwudh (“a’udhu billahi minashaitanir
1st Rak’a
rajeem”), basmala (“bismillahir rahmanir Raheem”), Surah Al-Fatiha and a second surah of your choice
2nd Rak’a Basmala, recite Surah Al-Fatiha & a second surah of your choice
1st Sitting (at end of Only recite the tashahhud Only recite the tashahhud (at- Recite the tashahhud (at-tahiyyaat) and
2nd rak’a) (at-tahiyyaat) tahiyyaat) Durood Ibrahim, but NO closing salams.
Like the first rak’a but without the

Basmala, recite Surah Al- Basmala, recite Surah Al-Fatiha Takbira Tahrima: Thana’, ta’awwudh,
3rd Rak’a
Fatiha only & a second surah of your choice basmala, Surah Al-Fatiha and a second
surah of your choice
Basmala, recite Surah Al- Basmala, recite Surah Al-Fatiha Basmala, recite Surah Al-Fatiha & a
4th Rak’a
Fatiha only & a second surah of your choice second surah of your choice
2nd (final) sitting (at

Recite tashahhud (at-tahiyyaat), Durood Ibrahim, du’a, and closing salams
end of 4th rak’a)
The Prostration of Forgetfulness (Sajda al-Sahw)
• If a person–out of forgetfulness or inattentiveness–omits one or more obligations of the prayer
(wajibat), they must perform two prostrations along with an extra tashahhud and two salams.
• In most cases, people forget what rak’a they are on, and that it is the main reason they perform the prostration of
forgetfulness
• The prostration of forgetfulness is the same whether one forgetfully ADDS or OMITS something.
• If someone break more than one of the obligations of the prayer, they still only need to offer Sajda al-Sahw once, at
the end of the prayer.
• If you pause in your salah while trying to think what rak’a you are on, you should not stop dhikr while
in the process of trying to recall which rak’a you are on. You should remain doing dhikr or recitation of
the Qur’an. It is disliked to just be quietly thinking for an extended length of time.
• Examples where the prostration of forgetfulness would be obligatory:
• 1) Performing an extra pillar (e.g., bowing [ruku’] twice in a single rak’a, three prostrations instead of two, etc.)
• 2) Forgetting to recite Surah Al-Fatiha or at least three verses or its equivalent after Surah Al-Fatiha.
• 3) Rising to the third rak’a having forgotten to sit for the first tashahhud.
How to Perform the Prostration of
Forgetfulness (Sajda al-Sahw)
• Finish your prayer and then….
• 1) In the final sitting, recite the tashahhud (at-tahiyyaat);
• 2) Give one salam, to the right;
• 3) Perform two prostrations;
• NOTE: Sajda al-Sahw is TWO prostrations, not just one.
• 4) Sit and repeat the final sitting, in full–reciting the tashahhud (at-
tahiyyaat), sending blessings (durood), and making supplication (dua);
and then
• 5) End with two salams (one to the right and one to the left).
Prostration of Forgetfulness (Sajda al-Sahw)
due to omitting a sitting (tashahhud)
• Situation where one omits the first sitting: If one begins to rise from sitting for the third
rak’a (in a 3 or 4 rak’a prayer), and he is closer to sitting than standing when he realizes
he not performed the first sitting, then he should return to his sitting position and
continue with the prayer as normal, and he does NOT perform the Sajda al-Sahw (in the
final sitting). But if he was closer to standing than sitting when he recalled, then he
stands and continues the prayer, and then performs Sajda al-Sahw (in the final sitting).
• Situation where one pre-emptively ends the salah in the first sitting: If one was praying a
salah with 3 or 4 rak’a, and they accidentally end the salah at the first sitting, giving the
closing salams, then they should make up for the missed rak’a. As long as after
completing the first 2 rak’a (after the closing salams), the person has not performed any
action that would render a prayer invalid (such as talking to others, eating, turning one’s
torso away from the Qibla, etc.), the person can immediately offer the remaining 1 rak’a
(in the case of a 3 rak’a prayer) or 2 rak’a (in the case of a 4 rak’a prayer), and perform
Sajda al-Sahw in the final sitting.
due to omitting a sitting (tashahhud)
• Situation where one omits the final sitting: If one forgot to sit for the final tashahhud and
was getting back up (i.e. making a third rak’a in a 2 rak’a prayer, or a fourth rak’a in a 3
rak’a prayer, or fifth rak’a in a 4 rak’a prayer), and remembered this before making sujood
in the extra rak’a, then he should sit down and perform Sajda al-Shahw to complete the
prayer. However, if he makes sujood in the extra rak’a, then the Fard prayer is invalidated
and becomes a voluntary (nafl) prayer. He may need to perform an additional rak’a to
make the nafl prayer 4 or 6 rak’at in total, and sajda al-Sahw is NOT required. After this,
he must still pray the obligatory prayer.
• In Fajr fard salah (2 rak’a) – if one made sujood in the additional 3rd rak’a, they must pray an
additional rak’a – turning the salah into a 4 rak’a nafl prayer.
• In Maghrib fard salah (3 rak’a) – if one made sujood in the additional 4th rak’a, they do not need to
pray an additional rak’a, as the salah automatically became a 4 rak’a nafl prayer.
• In Dhuhr/’Asr/’Isha fard salah (4 rak’a) – if one made sujood in the additional 5th rak’a, they must
pray an additional rak’a – turning the salah into a 6 rak’a nafl prayer.
Forgetting/Remembering to do the
• If someone forgot to perform the Sajda al-Sahw, and already finished the prayer (i.e. performed the
closing salams), but after the prayer they have not done anything that one cannot do during the
prayer such as talking to people, eating, turning the entire torso away from the Qibla etc. (i.e. things
that invalidate the prayer), then they can perform the Sajda al-Sahw (immediately.)
• If one was just sitting after the prayer, reciting dhikr and durood, their wudu’ is intact, and the prayer time has
not yet ended, and then they remember that they need to perform the Sajda al-Sahw, they can immediately
perform it.
• In this situation, they would make takbir (say “Allahu Akbar”) and then perform the two prostrations, tashahhud
(as well as durood & du’a) and then salams to both sides.
• If someone performed their salah in such a way that a Sajda al-Sahw was required, but they forgot to
do it, and after the salah they went off and did other things, and then remembered later while there
was still time for that salah, then they must repeat the prayer.
• If someone performed their salah in such a way that a Sajda al-Sahw was required, but they forgot to
do it, and they only remembered after the time for that prayer had already passed, then they are
excused from repeating the salah and from performing the Sajda al-Sahw they forgot to do.
Doubts about number of rak’a completed
• Doubt in this context is a 50-50 split without inclination toward one or the other DURING prayer (not after
salams or while sitting at the end long enough to recite the tashahhud). Only reasonable surety is
considered in those times.
• If it is the first time in your life that you have ever experienced doubt while praying, then you should make the prayer up
(i.e. start over again.) But if this is something that has happened to you before (in other prayers you made in the past),
then try your best to determine what rak’a you are on and act accordingly (e.g. in a 4 rak’a prayer, if you think you
prayed 3 rak’a then pray another rak’a and Sajda al-Sahw is not wajib, and if you think you prayed 4 rak’a, then do not
pray another rak’a and do not do Sajwa al-Sahw.)
• If one is unable to reach a determination about the of rak’as that remain, one should ‘build upon the
prayer’ on the minimum number of rak’as you are certain you have performed (i.e. assume you prayed the
lower number of rak’a, so if not sure if you’ve done 3 or 4 rak’as, assume you’ve done 3) and perform a
sitting after each rak’a (since any of them could be the final rak’a) and perform Sajda al-Sahw at the end.
• So if you are unsure, but assume you’re on your 3rd rak’a, you need to do a sitting (perform tashahhud, say at-tahiyyaat)
on this assumed 3rd rak’a, and also on the next, now 4th, rak’a, which is also where you do the final sitting, and you
perform Sajda al-Sahw.
• (In the Maliki school, you do not have to make a tashahhud in every rak’a. You assume the lower number for the amount
of rak’a you prayed, and then based off of that, you complete the prayer and just do Sajda al-Sahw in the final sitting.)
• If you are very confused, it may be better to begin the salah again.
Doubts about number of rak’a completed
Example:
• Zayd is standing in Dhuhr prayer but he is confused: is he in his third or
fourth rak’a? He cannot reach a solid determination, so he ‘builds upon the
prayer’ and assumes the lowest number (3). So Zayd now assumes he is
performing the 3rd rak’a.
• He should perform tashahhud in his sitting for that rak’a (which he now
thinks is the 3rd rak’a), since it could actually be the 4th rak’a. Then, he
should stand up again to perform the next rak’a.
• He should pray the 4th rak’a and perform the tashahhud during its sitting
then give salams, and also offer the prostration of forgetfulness.
Prostration of Forgetfulness: Q&A
• Q: What should one do if they begin to rise from sitting for the third rak’a in a 4
rak’a prayer, and then realize they did not sit and complete the first tashahhud?
• A: If they are rising, and closer to sitting than the standing position, then they should sit back
down, perform the tashahhud, and continue the prayer as normal, and they do NOT perform
sajda al-sahw (in the final sitting.) But if when they are rising, they were closer to the standing
position than the sitting position when they recalled, then they should stand fully, continue
the prayer as normal (perform the third and fourth rak’a), and then perform sajda al-sahw (in
the final sitting).
• Q: What should one do if they stand up going into a fifth rak’a (in a 4 rak’a prayer)?
• A: While in the 5th rak’a, if they remember before performing sujood, then they can sit down
and perform sajda al-sahw to complete the prayer. But if he performed a sujood in the 5th
rak’a, then the Fard prayer is now invalidate and becomes a voluntary prayer. They should
perform another rak’a so that it becomes a total of six rak’as (unless it is a 3 rak’a prayer such
as Maghrib, in which case the additional rak’a prayed automatically makes it a 4 rak’a nafl
prayer.) After this, he still must pray the obligatory prayer.
Prostration of Forgetfulness: Q&A
• Q: What if someone omitted something wajib in the prayer and needed to do Sajda al-
Sahw but forgot to do it when ending their prayer?
• A: If one accidentally forgot to perform the Sajda al-Sahw when ending their prayer, they can do it
after the prayer (i.e. after the closing salams), as long as (between the time they finished the
prayer and then remembered to do sajda al-sahw,) they did not do any action that would
invalidate the prayer, such as talking, eating, etc.
• If one did not do the Sajda al-Sahw, and then remembered at a later time, that was still WITHIN
THE PRAYER TIME, the prayer should be redone. If one forgot to do the Sajda al-Sahw and only
remembered later after the time for that prayer had already passed, then they are excused and do
not have to repeat the prayer or perform a Sajda al-Sahw.
• Q: What should one do if they think they finished a four rak’a prayer, and after doing the
salams, they realized that their sitting was in the second raka’a and not the fourth (i.e.
they only performed 2 rak’a instead of 4)?
• A: They should complete the prayer by offering the two remaining raka’as and perform Sajda al-
Sahw in the final sitting. This is only permitted if (between performing the first 2 rak’a they made,
and the 2 rak’a they need to make up,) the person did not do anything that would otherwise
invalidate the prayer–like eating, drinking, or speaking to others, turning the entire torso away
from the Qibla, etc.
5.9) Fiqh of Salat (Prayer):
Prostration of Tilawa & Qada (make-
up prayers)
9/9/2022
Prostration of Recitation (Sajda al-Tilawa)
• The legal cause for Sajda al-Tilawa is one of these fourteen verses: Surah Al-A’raf verse 206, Surah Al-
Ra’d verse 15, Surah An-Nahl verse 50, Sural Al-Isra’ verse 109, Surah Maryam verse 58, Surah Al-Hajj
verse 18, Surah Al-Furqan verse 60, Surah An-Naml verse 26, Surah As-Sajda verse 15, Surah Sād verse
24, Surah Fussilat verse 38, Surah An-Najm verse 62, Surah Al-Inshiqaq verse 21, and Surah Al-‘Alaq
verse 19.
• They are usually marked by a ۩ symbol in the mushaf.
• To perform the Sajda al-Tilawa (according to the Hanafi madhab): One must have the intention in the
heart to do the Sajda al-Tilawa before performing it. It is desirable to start from a standing position.
Stand up and say “Allahu akbar” (without raising the hands), and then go into sajda and read
“Subhanna Rabbiyal ‘Ala” 3 times. (There is only one prostration in Sajda al-Tilawa.) Then one arises out
of sajda to a standing position while saying “Allahu Akbar.” There is no salam after standing up.
• It is better to begin and end Sajda al-Tilawa from a standing position, but it is also correct to commence and
terminate it from a sitting position.
• Reciting or hearing one of these verses is a condition for Sajda al-Tilawa being wajib.
• You would read or listen to the verse, then pause to perform the Sajda a-Tilawa, and then resume reading/listening
to the rest of the surah.
• If someone was listening or reciting one of these verses repeatedly (in the same sitting), such as one who is trying to
memorize the verse, then the Sajda al-Tilawa would only need to be performed once (rather than performing sajda
al-tilawa every single time the verse is being recited/heard.)
• In the Hanafi school, you would need to perform the Sajda al-Tilawa even if you encounter the translation of one of
the verses.
• The prostration of recitation is wajib, yet it can be delayed, unless the verse is recited in prayer (in the
surah recited after Surah Al-Fatiha).
• If the verse of sajda is recited in the prayer, the sajda is wajib and a part of the prayer itself and cannot be performed
after the prayer. Once a verse of sajda has been fully recited in the salah, one must immediately go into the sajda
position while saying “Allahu Akbar,” and then perform the Sajda al-Tilawa, then return to the standing position
whilst saying “Allahu Akbar,” and then the recitation of the surah continues (without first saying “Bismillah.”)
• However, if a person heard the imam recite a verse requiring sajda al-tilawa, but he missed that rak’a and joined
afterwards, he must perform his own sajda al-tilawa (as he still heard the verse being recited).
• It is prohibitively disliked to skip or avoid a verse of prostration and instead recite the rest of a chapter.
• The Sajda al-Tilawa is wajib even for someone in a state of major ritual
impurity; however, they must only perform the Saja al-Tilawa after becoming
pure.
• The sajda al-tilawa is wajib even for someone who is not in the state of wudu’, but still
hears the verse that requires sajda al-tilawa being recited. However, they only perform
the sajda when they are in the state of wudu’. So if one hears a verse that requires
sadja al-tilawa, but is not in the state of wudu’, then they should make wudu’ and then
perform the sajda al-tilawa.
• The Sajda al-Tilawa is not wajib on a (pre-pubescent) child or a woman
during her menstruation or post-natal bleeding.
• It is prohibited to perform the Sajda al-Tilawa while the sun is rising, at
midday (zenith), and from the time the color of the sun changes before
sunset until the sun has fully set.
Making up Missed Prayers (Qada)
• “The debt owed to Allah • Imam al-Nawawi stated: “There is consensus (ijma`) of the scholars whose
has more right to be paid.” opinion counts that whoever leaves a prayer intentionally must make it up…
–The Prophet Muhammad Among the proofs for the obligation to makeup is: that if makeup prayers are
(SAW) obligatory for the one who left the prayer forgetfully, then doing so for the one
• Although this was said in who left the prayer deliberately is more obviously incumbent.” [Majmu` Sharh al-
the context of zakat, it is Muhadhdhab (3.86)]
still applicable in the • If we know it is wajib to make up prayers we missed forgetfully, then it is even more
context of salat, as a salat necessary to make up prayers which were missed intentionally.
is also a debt owed to
Allah (SWT,) because Allah • Genuinely forgetting to make a prayer is not considered sinful, but the person is still
(SWT) has ordered us to required to make up the prayer. But intentionally neglecting the prayer is a major sin, and
perform salat. the prayer must be made up and the person must also repent for committing the sin.
• The position of all four • Prayers should be prayed at their designated times – it is not allowed for one to
Sunni schools is that it is purposefully allow the prayer time to enter and exit without praying them.
obligatory to make up all • It is not allowed for one to delay prayer with the intention of praying them at a later time
that falls outside of the time for that particular prayer e.g. not praying Dhuhr, ‘Asr and
missed prayers, regardless
Maghrib while at work, and then coming home to pray them and ‘Isha at ‘Isha time, is not
of why they were missed. allowed. But if one did this, they are praying Qada for Dhuhr, ‘Asr and Maghrib.
Maintaining Order When Making up Missed
Prayers (Qada)
• It is wajib to maintain the proper order between a missed prayer and a current prayer, and
between the missed prayers themselves.
• Example: If a person missed Dhuhr, ‘Asr and Maghrib, and now it is ‘Isha time, they cannot just prayer ‘Isha
first. They have to pray Dhuhr, ‘Asr and Maghrib prayers that they missed before praying ‘Isha (which is now
the current salah time.)
• There are three situations where maintaining the order is no longer wajib:
• 1) When the time for the current prayer is about to run out, and if you were to offer the Qada of the missed
prayer, the time would end for the current prayer. In this situation, first pray then current prayer and then
make up the missed prayer. For example, if one missed ‘Isha because they fell asleep, and when they woke up,
it was Fajr time but it would be sunrise very soon, then one should pray Fajr first before the time for Fajr ends,
and then make up the ‘Isha prayer they missed the night before.
• 2) If one has forgotten that he missed prayers and therefore prayed the current prayer–he doesn’t have to
make up the current prayer upon remembering his missed prayer. For example, if one prayed Dhuhr and then
remembered that he did not wake up for Fajr, he need only pray Fajr as Qada and does not repeat Dhuhr.
• 3) If the number of missed prayers, excluding witr, are six or more. For example, a person with two years
worth of Qada does not have to maintain the proper order. Such a person would not have to specify the
month/week/day of the salah they are trying to make Qada for – it is just an open-ended Qada intended for
all of the days that they missed prayers.
• For someone who missed a significant amount of prayers, they only need to make an intention for the
individual prayer they are making up (e.g. Dhuhr, ‘Asr, etc.,) and not specify the exact day of the
missed prayer.
• For example, if someone missed 2 years of prayers, then they would calculate 5 (prayers) x 2 x 365 (2 years) to
determine how many prayers they need to make up. And then when making Qada, you just make the intention for
the individual prayer you are making up (e.g. “I’m making this 4 rak’a Qada for ‘Asr.”)
• There are mobile apps which can help you log, calculate and keep track of missed salah.
• For a person who has many prayers to makeup, we find two approaches among the scholars:
• 1) One should strive to finish them as soon as possible, taking all valid shortcuts, even if it means leaving Sunna
acts within–such as doing one tasbih instead of three, etc.
• 2) To pray them relatively quickly, but without leaving any confirmed sunnas. This second approach is superior,
because like the current prayer, make-up prayers are also accepted or rejected by Allah (SWT), so one should do
them in a way that is pleasing to Him, though quickly.
• It is advisable to perform the Qada as soon as you can, (and as fast as you can, while still being valid) because you
do not want to have missed prayers on your account when you die.
• If one repents from the sin of abandoning prayer and has strong resolve and a commitment to make
up the prayers, even if they die, Allah (SWT) will forgive them for any remaining makeups.
• If you have made mistakes and you repent from them, and you are actively trying to rectify them, then if you die
before it is fully rectified, you still have the promise of forgiveness because you were trying your best.
• If a person has a lot of Qada, they need to be make completing the Qada a priority in their life.
• Making the effort to complete the Qada is a way of showing your sincerity to Allah (SWT)
• One of the ways of doing Qada effectively involves making a Qada at every prayer time: so
when they pray Fajr salah, they also make a Qada for Fajr, when they pray Dhuhr, they also
make a Qada for Duhr, etc.
• This is usually the ideal way.
• Another way, if you are able to, is to do Qada for 5 prayers at each prayer time (i.e. 25 Qada
prayers in a day, which is Qada for 5 days of missed prayers)
• It is better to take an approach which is most sustainable and manageable for your, in the long
term.
• In the Hanafi school, there is Qada required for Witr as well.
• From a practical standpoint, if a person had many years of missed prayers, they should focus on making
Qada of the 5 Fard prayers and take the opinion of the other 3 schools for Witr (which is that Witr is an
emphasized sunna and not wajib.)
• If a person was being very strict and consistent in being adherent to the Hanafi school, then they need to
also made Qada for Witr.
Making up the Fajr Prayer
• If one misses Fajr salah, then they should make-up the 2 sunna rak’a and 2
fard rak’a for Fajr, if they are performing the make-up prayer before Dhuhr on
the same day. If it is past Dhuhr, then they only need to make up the fard 2
rak’a for Fajr.
• One should pray the 2 sunna rak’a of Fajr even if they come late and the Imam
has already started praying the fard Fajr prayer. But if there is a risk of missing
the fard Fajr prayer, then one should join the congregation for the fard prayer,
and they do not make up the 2 sunna rak’a later.
5.10) Fiqh of Salat (Prayer): Friday,
Eid & Funeral Prayer, Prayer Behind
Imam & Miscellaneous Issues
16/9/2022
Learning Objectives
• 1) The Friday Prayer
• 2) The Eid Prayers
• 3) The Janaza Prayer
• 4) Praying behind an imam
• 5) Miscellaneous Issues
The Friday Prayer (Jumu’a)
• It is Fard ‘Ayn on men to know the conditions and requirements of
Jumu’a (Friday prayer), because it is obligatory for them (as opposed
to women, for whom it is not obligatory).
• However, if women intend on attending Jumu’a then they should be aware of
the rulings surrounding it, and if they have sons, they can then convey this
knowledge to them, as it will become fard ‘ayn for the sons once they come of
age.
The Friday Prayer (Jumu’a) – Conditions for
Obligation
Conditions for obligation (of attending Jumu’a): • 5) Safety of passage
• 1) Being male • In earlier time periods, travelling even
a short distance could be dangerous,
• 2) Being free due to factors such as the condition of
• If someone is imprisoned, then Jumu’a is not wajib on them. the road, safety, the weather etc.
(But, if possible, it is preferred that Jumu’a be established • 6) Sound eyesight
within the penitentiary system so inmates can preserve their
• Visionally-impaired or blind people are
deen.)
not required to attend Jumu’a
• 3) Being resident
(If someone does not meet these
• Jumu’a is not wajib on a traveller (who meets the
requirements of being a traveller according to the Shariah) conditions, it does not mean that
they cannot attend jumu’a – it is
• 4) Sound health
just that they are not obligated to
• If someone has an illness that is somewhat debilitating (e.g.
a migraine,) they are not obligated to attend Jumu’a, but attend.)
they can still attend if they choose to. It is better for those
who have a contagious illness to not attend jumu’a.
The Friday Prayer (Jumu’a) – Conditions for Validity
Conditions for Validity: • 3) The time of Dhuhr has come in when
• 1) A city or its outskirts (not a small village or open desert, etc.) both the khutba and prayer are done.
• This is the majority position (Hanafi, Maliki,
• Small village means in small place where there is no congregational
Shafi’i) i.e. the Jumu’a can begin once
masjid where Jumu’a could be held.
Dhuhr time enters. The Hanbali position is
• 2) The Sultan (head of state) or one appointed by him leads the that Jumu’a enters before the sun passes
prayer (if there is no ruler, Muslims must still congregate and the zenith (I.e. before Dhuhr time enters.)
Some masjids adopt the Hanbali position,
agree on someone to lead the Friday prayer. In this case, it is
due to the prayer times in that region, and
valid and therefore obligatory to attend.) having a scheduled time that is conductive
• In some places, the shaykh may lead Jumu’a at the masjid, but pray for working people.
Dhuhr on their own right after Jumu’a as precaution, because they
believe this condition is missing. This is not a position held by the • 4) At least three men are in attendance.
other madhahib. • 5) General permission. (No Muslim can be
• In most places in our time, this condition cannot be fulfilled, so we barred from joining the Friday prayer;
should just go and fulfil the Jumu’a. And if a person wanted to strictly
otherwise the prayer would be invalid.)
adhere to this condition, then they are entitled to pray Dhuhr
afterwards on their own if they want to, as a precaution. • Everyone who comes must be allowed to
participate.
• It is wajib to hasten (sa’y) to the Friday Prayer at the first call to prayer.
• Ideally, there should be 2 azans – the first one to allow people to pray their sunnas and get themselves situated,
and the second one at the time of Jumu’a when the Imam begins the Khutbah. But a lot of masjids do not do
this – and they are not omitting something obligatory, but omitting something which is preferred.
• Once the imam emerges or stands on the minbar, one may not pray or speak until after the prayer.
• You should not talk to other people during the khutbah.
• It is NOT virtuous to recite from the mushaf, do dhikr or pray extra nafl during the khutbah.
• The proper act of worship during the khutbah is to listen attentively during it – even if it is in a language you do
not know.
• It is disliked to eat, drink, fiddle around, or turn to and fro, during the sermon.
• When sitting at Jumu’a, you should face the Imam. It is best to have an upright posture and look at the Imam.
(But it is understandable to have your head down because you are tired.)
• You should not use your phone during the khutbah.
• One does not return salams during the sermon.
• In the Hanafi school, one does not say “SubhanAllah” during the sermon, “Amin”
outloud, or utter prayers upon the Prophet (SAW) (when his name is mentioned) except
in their heart.
• In other schools, one can say “Amin” or utter prayers upon the Prophet (SAW) when his name is
mentioned, under one’s breath. But the Hanafi school is stricter and believes you should not say it
even in a low voice.
• The Friday prayer takes the place of the Dhuhr prayer.
• If you miss the Jumu’a prayer, you have to pray Dhuhr.
• If one joins the Jumu’a prayer in the tashahhud of the final sitting, he completes it as the
Friday Prayer.
• Such a person still caught the jumu’a. After the salams of the Imam, they will get up and complete
2 rak’a of Jumu’a on their own.
• If a person missed the tashahhud, and only got there when the Imam was giving the closing
salams (or after,) then the person missed the Jumu’a and would have to pray Dhuhr (4 rak’a)
The Eid Prayer
• The Eid prayers are wajib on those for whom the Friday (Jumu’a) Prayer is fard, with the
same conditions except the sermon, which is a sunna.
• Learning how to perform the Eid prayer is fard upon those whom the Jumu’a is fard.
• The khutbah of Eid is sunna, not wajib like in the Jumu’a prayer. However, people who leave or are
inattentive during the Eid khutbah are depriving themselves of the sunna.
• It is disliked to pray voluntary prayers in the Eid prayer area or one’s home before the Eid
prayer, on the day of Eid. (But the night before the Eid prayer, it is recommended to Qiyam
al-Layl and other voluntary prayers, and doing so lightens the heart.)
• Any voluntary prayers on Eid day should be done after the Eid prayer (khutbah), if they want to.
• The Hanafi method of offering the Eid prayer is very different from the other schools.
• In the Maliki school, there are 7 takbirs in the first rak’a, and 6 takbirs in the second rak’a. In the Shafi’i
school, there are 8 takbirs in the first rak’a, and 7 takbirs in the second rak’a. In both the Maliki and
Shafi’i schools, the tabkirs occur before the Qur’anic recitation.
• One may follow any way they choose, or follow the imam.
How to Pray the Eid Prayer (Hanafi)
• The Eid prayer is 2 rak’a, without azan or iqama
• The main difference
• 1) Opening takbir, followed by the thana’ (read silently to oneself) between the first
• 2) Whilst standing, there are three extra takbirs, and you raise the hands for each, and second rak’a is
following the imam. that in the first rak’a
the 3 takbirs occur
• 3) Imam recites ta’awwudh and basmala silently, then recites Surah Al-Fatiha and a because the Imam
chapter aloud. recites Qur’an,
• 4) Imam says “Allah akbar” while moving into ruku’, and the rest of the rak’a is whereas in the
completed as normal. second rak’a the 3
takbirs occurs
• 5) In the second rak’a, listen to the imam’s recitation of Surah Al-Fatiha and another
before bowing
chapter.
(ruku’.)
• 6) Then there are three extra takbirs, and you raise the hands for each, following
the imam.
• 7) Imam says “Allah akbar” while moving into ruku’, then follow the rest of the
prayer behind the imam as normal.
• 8) The imam will give a khutbah after the salat
Janaza Prayer
• The Janaza Prayer is offered for one who is deceased. The Janaza prayer and
burial rites are a communal obligation (Fard Kifaya), thus they are not Fard
‘Ayn. However, we should learn them in case we encounter a situation in
which there may not be enough people to fulfill them, thus making them fard
on us.
• (Burial rites will be covered in this course at a later date.)
• In the Janaza Prayer, there are 4 takbirs (not 5) recited aloud by the Imam,
and everything is read silently (except the closing salam). There is no azan or
iqama. Because there is not sujood or ruku’, the rows can be packed more
tightly together. There should be a minimum of 3 rows, and there should be
an odd number of rows.
How to pray the Janaza Prayer
• 1) One intends in their heart to pray for the sake of Allah (SWT) and to supplicate for the deceased. A
follower also intends to pray behind the imam.
• We should not make judgements about the deceased person or their family.
• 2) One utters the first takbir–the only takbir in which one raises their hands–and then recites the
thana’. It is permissible to recite Surah Al-Fatiha, provided it is with the intention of du’a for the
deceased and not recitation of the Qur’an.
• Surah Al-Fatiha is a du’a in its meaning.
• 3) One utters the second takbir, after which they send blessings upon the Prophet Muhammad (SAW).
• The Salat al-Ibrahimiya is preferred.
• 4) One utters the third takbir and then utters a du’a
• There is one version of the du’a for the deceased shown on next slide. And if you don’t know a particular du’a for a
deceased person, you can make any du’a for them.
• 5) One then utters the fourth takbir and then salam.
• There is nothing in particular to recite after the fourth takbir.
• Two salams (to the right, then to the left) is preferred in the Hanafi school, but one salam (to the right) is sufficient.
Some imams do it silently, while others do it outloud.
Du’a for Janaza Prayer (after third takbir)
ِ ‫يرَنا َوَكِب‬
‫يرَنا َوَذ َك ِرَنا َوأ ُْنثَ َانا‬ ِ ‫اغ ِفر ِلحِينا ومِيِتنا و َش‬
ِ ‫اُ ِدَنا و َغ ِائِبَنا َوص ِغ‬ ‫م‬
َّ ‫ه‬ َّ
‫الل‬
َ َ َ َ ََ َ َ ْ ْ ُ
ِ ‫اْليم‬
‫ان‬ ِ ‫اْلسَلَ ِم وم ْن تَ ََّف ْيتَ ُه ِمَّنا َفتَ ََّف ُه َعَلى‬ ِ ‫َح ِي ِه َعَلى‬
ْ ‫أ‬‫ف‬َ ‫ا‬‫ن‬َّ ِ ‫الله َّم من أَحييتَه‬
‫م‬ ُ َْ ْ ْ َ ُ
َّ
َ َ َ ََ ْ
‘Allahummaghfir lihayyina wa mayyitina, wa shahidina wa gha’ibina, wa saghirina wa kabirina, wa
dhakarina wa unthana. Allahumma man ahyaitahu minna faahyihi ‘alal-Islam, wa man tawaffaytahu
minna fa tawaffahu ‘alal- iman.
"O Allah, forgive our living and our dead, those who are present and those who are absent, our
young and our old, our males and our females. O Allah, whomever of us You cause to live, let him live
in Islam, and whomever of us You cause to die, let him die in (a state of) faith.”
(There are other du’a like this as well which you can recite after the third takbir.)
Praying Behind An Imam
• 1) A jama’a (congregational prayer) requires at least two people, and one of these people
must be the Imam, while the other person/people follow him. It does not matter if one
following the imam is a man, woman or sane child.
• 2) The follower makes his intention to follow the imam at the opening of the prayer.
• This intention does not need to be verbalized. It is in the heart.
• 3) The imam must not be in a lesser state than the one following him–such as the imam
praying a voluntary prayer while the follower is offering an obligatory prayer (for
example, one cannot pray ‘Isha behind an imam who is leading Tarawih). It is, however,
permitted to offer a voluntary prayer behind an imam performing an obligatory prayer
(for example, the Imam is praying ‘Isha, and the follower already prayed ‘Isha and is
praying with jama’a with the intention of completing a nafl/voluntary prayer).
• If you’ve missed ‘Isha when you came to the masjid for Tarawih, then pray the ‘Isha on your own
before joining the Tarawih – you cannot, with the intention of praying ‘Isha, pray 2 rak’a of Tarawih
with the Imam and then pray 2 rak’a on your own.
• 4) The imam and the follower must be praying the same prayer (outside of the context of
fard versus nafl prayers mentioned in the point above). (For example, If the imam is
praying Dhuhr, the follower must be praying Dhuhr, etc. According to Imam al-Shafi’i, it is
valid if they are different.)
• If the Imam is praying a make-up prayer, then those praying behind him need to be praying the
same make-up prayer for the same day that it was missed e.g. everyone in the congregation is
praying a make-up for Fajr that they missed from the night before.
• 5) If the imam offers the salams and the follower has not yet completed his tashahhud,
he should complete it because it is wajib; however if he finished the tashahhud but not
the Salat Ibrahimiyya, he should omit the latter and offer his salam with the imam
because the Salat Ibrahimiyya is a sunna while joining the imam is wajib. If the imam
rises for the third rak’a and the follower has not recited the tashahhud, he should recite
it, although if he does not complete it and rises with the imam for the third rak’a (such as
if the one believes that if they may not catch up to ruku’ of third rak’a with the Imam if
they finish the tashahhud), it is permissible.
• 6) If the imam forgetfully stands up after performing the last sitting, the follower is NOT to join him;
rather, he is to wait for the imam. If the imam performs that extra rak’a, and ends up prostrating in
that rak’a, the follower is to give their closing salam on their own (rather than with the imam). If,
however, the imam realizes his mistake and sits back down after standing, the follower is to give salam
with the imam (and the prostration of forgetfulness will be performed.)
• The men praying behind the imam can say “SubhanAllah” once aloud to alert the imam of his mistake. The women
praying behind the imam, in the presence of non-mahram men, can clap their hands instead.
• 7) When joining the congregation in prayer while the imam is bowing, one catches that rak’a only if,
after saying the takbir tahrima (opening takbir) while standing (and should pause there momentarily),
and then he reaches the bowing position while the imam is also in the bowing position.
• When doing the takbir tahrima, one should pause there momentarily, and not go straight into ruku’ in one motion.
After the takbir tahrima, it is valid to make another takbir to enter into ruku’ (when joining the congregation in
ruku’,) but the just the takbir tahrima is sufficient.
• If they enter the salah as the Imam starts to rise from ruku’, they have missed praying that rak’a, and they will have
to make it up.
• It is discouraged to rush to catch the rak’a (i.e. join while the Imam is in ruku’) – it is better to enter the prayer in a
dignified manner, even if you miss the rak’a (i.e. join after ruku’)
• 8) If a latecomer of a four rak’a congregational prayer missed the first two
rak’as and caught the last two, after the Imam gives the closing salams, he
does not give salams with the Imam, and then gets up performs the two
rak’as he missed, reciting the Surah Al-Fatiha and another chapter in both
rak’as.
• 9) One should not correct the Imam in the prayer unless the Imam has
clearly omitted or added something. One should not be correcting the
Imam’s recitation of other Qira’at, as that would be extra action that could
invalidate one’s prayer. One should only attempt to correct the Imam if
they are sure that the Imam is making a mistake in their recitation.
Example: Catching a 4 Rak’a Congregational Prayer
• If you miss the 1st rak'a of a 4 rak'a prayer: • If you miss the 1st, 2nd and 3rd rak'a of a 4 rak'a
• Read the tashahhud with the Imam but do NOT do the prayer:
closing salams with him, then immediately stand up to • Read the tashahhud with the Imam but do NOT do
make up the missed rak'a the closing salams with him, then immediately
• Make up the 1st rak'a: Recite Surah Fatiha and another stand up to make up the missed rak'as
surah, and perform the rest of the rak'a as normal, ending • Make up the 1st rak'a: Recite Surah Fatiha and
with tashahud, durood, du'a and closing salams another surah, and perform the rest of the rak'a as
normal, and then perform the tashahud (this is
technically YOUR second rak'a, and the tashahhud
• If you miss the 1st and 2nd rak'a of a 4 rak'a prayer: you initially performed with the Imam does not
• Read the tashahhud with the Imam but do NOT do the count in this situation.) Then stand for the next
closing salams with him, then immediately stand up to rak'a.
make up the missed rak'as • Make up the 2nd rak'a: Recite Surah Fatiha and
• Make up the 1st rak'a: Recite Surah Fatiha and another another surah, and perform the rest of the rak'a as
surah, and perform the rest of the rak'a as normal, and normal, then stand for the next rak'a
then stand for the next rak'a • Make up the 3rd rak'a: Only recite Surah Fatiha, and
• Make up the 2nd rak'a: Recite Surah Fatiha and another perform the rest of the rak'a as normal, ending
surah, and perform the rest of the rak'a as normal, ending with tashahud, durood, du'a and closing salams
with tashahud, durood, du'a and closing salams
Miscellaneous Prayer Issues
• Prayer row issues: How are rows formed? What is the proper way to stand within a
row? What if someone breaks their wudu’ and walks out of the row? What if a
person comes and the rows are completely filled? Does he stand alone?
• The row should start directly behind the imam and be distributed to his right and
left.
• There should not be large gaps (that is, anything beyond a handspan) in the rows.
• One does not have to press their feet against their neighbours’ – there can be space, but not a
large gap.
• If someone breaks his wudu’ and walks out of the row, a person currently in prayer
in the row behind him should fill that gap, or the people praying on either side of
the person who left should move sidewards to fill it.
• These movements are not considered excessive movement that would invalidate the prayer, as
they are being performed to fix the prayer.
• If someone comes late and all of the rows are formed, he should wait for someone else to
enter the masjid and form a row with him. However, if fears that waiting will lead him to
miss a rak’a, he should touch one of those praying in the row in front of him so he comes
back and forms a row with him. If he decides to stand and pray alone, it is permissible but
disliked. However, in a time or place of widespread ignorance, some scholars say that
standing alone is better, as trying to get someone to join you may cause them to be
confused.
• In a Hanafi text, the Quniyya, it states: “It is better for him to stand alone in this age due to the
overwhelming ignorance amongst common folk.”
• In the Hanafi school it is disliked to carry a child during prayer unless there is a need.
• This action is only permitted in dire need, and even in such need, the child must be free of any
impurity on his/her body, clothes, and diaper, and the parent carrying the child must not engage in
‘excessive movement’ (such as fidgeting.)
• There is a difference of opinion regarding this in the Hanafi school. The stricter view is that carrying a
child in prayer is not permitted as the hadith of the Prophet (SAW) carrying Hussain (RA) is abrogated.
• Prayer issues: How do you get out if you broke your wudu’ while in prayer at the masjid? How do
you navigate the rows while the prayer is going on? What is the ruling on walking in front of a
person praying?
• If you break your wudu’, you exit the prayer row. If the rows behind you are completely full, you
have the option of walking to the end of the row and moving between the last person in the row
and wall adjacent to him, so as to disturb the least amount of people.
• This is not mentioned in fiqh books, it is just a practical option.
• It is allowed to walk in front of people who are praying behind an imam, because the imam’s
barrier (sutra) serves as their barrier.
• As long as the Imam has a barrier in front of him that blocks people in front of him, then the rest of the
congregation are fine, and walking in front of them does not have the same level of prohibition as it would for
one who is praying alone.
• If the person/people are praying alone, it is unlawful to walk in front of them if the space
between you and him is equivalent to the distance of one in sajda.
• Walking in front of a person who is praying at a distance where they can make sajdah would be considered
sinful and should be avoided.
Salat (Prayer): Test
Salah (Prayer) Test Questions (1/5)
• 1) List three conditions of the prayer.
• 2) We find different prayer times given on various prayer-time apps. Which is the preferred
degree to go by in North America?
• 3) What is a way to determine the time of the ‘true dawn’ when Fajr enters?
• 4) What is a traditional way to calculate the time for Dhuhr prayer?
• 5) When does ‘Asr begin according to Imam Abu Hanifa himself (as opposed to his two main
students). If you are in a masjid that goes by an earlier ‘Asr time, what should you do?
• 6) When does Maghrib end and ‘Isha begin?
• 7) What time does ‘Isha end?
• 8) What are the three main times when one should NOT pray?
• 9) What is the ‘Awra (area that must be covered for men) in prayer?
• 10) What is the ‘Awra for women in prayer?
• 11) How would you respond to someone who says that covering the ‘Awra in prayer is not that
important when one is praying alone in their room because there is no one there to see them?
• 12) For our prayer to be valid here in North America, must we face the exact direction of the
qibla? If not, why not? If so, explain why.
• 13) What should someone do if they are out on a cloudy day and cannot determine the Qibla?
• 14) What do the jurists mean when they say a person must utter the opening takbir (and
recitation of the Qur’an and other supplications) where they can hear themselves and not silently
in the heart?
• 15) Zayd stood up to pray and made the intention to offer Dhuhr, then his toddler asked him for a
glass of juice. He went and got him juice and returned to where he was standing. Must he renew
his intention or go ahead and utter the takbir, sufficing with the intention he made before he
helped his child?
• 16) In the Hanafi school, does someone praying behind an imam recite Sura al-Fatiha or another
chapter?
• 17) Complete the following statements:
• Intentionally leaving a wajib element of prayer is ________.
• If a person leaves a wajib element of prayer on purpose, they must ________.
• If a person leaves a wajib element of prayer out of forgetfulness, they must ________.
• 18) What are the main gender differences in the prayer according to the Hanafi school?
• A) Standing
• B) Bowing
• C) Prostrating
• D) Sitting
• 19) Where should someone look during prayer? Is it allowed to close one’s eyes during prayer?
• 20) What is the standard of ‘excessive movement’ that would invalidate one’s prayer? What is an
exception to this?
• 21) Layla is praying and her neck gets exposed for a couple of seconds until she adjusts her clothing. Is
her prayer valid, or must she start over?
• 22) Zayd is praying in basketball shorts, and while going into sajda they lift up, exposing his ‘awra. He
remains in sajda the entire time without adjusting them, and only covers himself once he is in the
sitting position. Is his prayer valid, or must he start over?
• 23) List three common actions that are disliked (makruh) during prayer.
• 24) Describe the manner in which Witr is prayed according to the Hanafi school.
• 25) What is the least distance of travel for one to be considered a traveler who must shorten their
prayer?
• 26) Zayd traveled to Austin and intends to stay for twenty days. When does he stop shortening his
prayers?
• 27) Khalid was traveling and forgot to pray Dhuhr until he arrived home. How should he offer Dhuhr?
• 28) Bilal forgot to recite Surah Al-Fatiha in his prayer and remembered at the end. What is the manner
in which he performs the two prostrations of forgetfulness?
• 29) Corey forgot to sit and offer the tashahhud in the second rak’a of Maghrib, and stood up straight and
began the third rak’a. As he was reciting the Qur’an, he realized he had forgotten the tashahhud. What
should he do?
• 30) Zayd is standing in Dhuhr prayer but he is confused: is he in his third or fourth rak’a? What should he
do?
• 31) Caroline overslept and missed Fajr. She left quickly for work and later needed to pray Dhuhr but got
stuck in traffic and reached her home at 4:20pm—ten minutes before ‘Asr comes in. What should she do?
• 32) Our Jumu’a prayer is at 1:15pm, and in the summer Dhuhr is after 1:30pm. How can we begin Jumu’a
before Dhuhr enters?
• 33) What are common mistakes made by people during the Jumu’a khutba?
• 34) Amir enters the masjid late right as the imam in in ruku’. What must he do to ensure he catches that
rak’a?
• 35) Is it allowed for a person intending ‘Isha prayer to pray behind an imam leading the Tarawih prayer?
• 36) What should the congregation do if the imam forgetfully stands up for a fifth rak’a?
Salat (Prayer): Test Answers
Salah (Prayer) Test ANSWERS (1/12)
• 1) List three conditions of the prayer.
• The three conditions for the obligation of the prayer are: (1) Islam (i.e. being a Muslim), (2) Maturity (i.e.
reached puberty), & (3) Sanity.
• 2) We find different prayer times given on various prayer-time apps. Which is the preferred
degree to go by in North America?
• Islamic Society of North America (ISNA) uses 15 degrees for both Fajr and Isha.
• 3) What is a way to determine the time of the ‘true dawn’ when Fajr enters?
• False dawn precedes true dawn, and it occurs when a dim light which sometimes appears overhead for
several minutes, followed by darkness. True dawn is when the sky around the horizon begins to increase in
light. There is about a 12 minute time difference between false dawn and true dawn (depending on latitude
and location.)
• 4) What is a traditional way to calculate the time for Dhuhr prayer?
• Place a straight stick into even ground at a 90 degree angle and observe its shadow. If the shadow continues
to shorten, it not yet midday. Once the shadow ceases to shorten, it is midday (zenith,) which is a prohibited
time to pray. Once the shadow begins to lengthen, the time of Dhuhr has entered.
• 5) When does ‘Asr begin according to Imam Abu Hanifa himself (as opposed to his two main students).
If you are in a masjid that goes by an earlier ‘Asr time, what should you do?
• Imam Abu Hanifa’s view is that ‘Asr begins when the shadow of an upright object is twice its own length plus the
length of shadow at midday/zenith. His two main students held the view (consistent with the Hanbali, Shafi'i and
Maliki schools) that ’Asr begins when the shadow of an upright object is equivalent to its own length, length of the
shadow at midday/zenith.
• One can pray ‘Asr at the earlier time when in a masjid following that time.
• 6) When does Maghrib end and ‘Isha begin?
• Maghrib ends and ‘Isha begins with the disappearance of the red twilight.
• 7) What time does ‘Isha end?
• ‘Isha ends when Fajr begins (i.e. at true dawn).
• 8) What are the three main times when one should NOT pray?
• Three times when voluntary and make-up prayers cannot be made are: (1) Sunrise, (2) Midday/Zenith, & (3) Sunset.
• 9) What is the ‘Awra (area that must be covered for men) in prayer?
• The minimum ‘awra for men is from just below the navel to just under the knee.
• 10) What is the ‘Awra for women in prayer?
• The whole body apart from the face, hands and feet.
• 11) How would you respond to someone who says that covering the ‘Awra in prayer is not that
important when one is praying alone in their room because there is no one there to see them?
• Even if one is alone, Allah (SWT) sees them, and praying to Allah (SWT) is an act of devotion which requires
covering the ‘Awra properly.
• 12) For our prayer to be valid here in North America, must we face the exact direction of the qibla? If
not, why not? If so, explain why.
• No. The closer one is to the Ka’ba, the more exact they must be in directly facing the Qibla. If you cannot see the
Ka’ba, facing it exactly is not required, even if you know the exact direction, as there is some deviation which
occurs at long distances, and it would cause hardship to determine the exact direction. Thus, if one is located at a
distance from the Ka’ba, praying towards its general direction is sufficient. Within your means, try to determine
the correct direction, but it is fine if the direction is slightly off.
• 13) What should someone do if they are out on a cloudy day and cannot determine the Qibla?
• They should pray in the direction they think is most likely. They would not have to repeat their prayer, even if they
later realized they prayed in the incorrect direction, because they made their best effort to guess the direction.
• 14) What do the jurists mean when they say a person must utter the opening takbir (and
recitation of the Qur’an and other supplications) where they can hear themselves and not silently
in the heart?
• Sound must exit the mouth, such that they could hear themselves in a quiet room.
• 15) Zayd stood up to pray and made the intention to offer Dhuhr, then his toddler asked him for a
glass of juice. He went and got him juice and returned to where he was standing. Must he renew
his intention or go ahead and utter the takbir, sufficing with the intention he made before he
helped his child?
• He must renew his intention when starting his salah, because he engaged in an action that was unrelated to
salat after he initially made his intention.
• 16) In the Hanafi school, does someone praying behind an imam recite Surah al-Fatiha or another
chapter?
• No. It is prohibitively disliked to recite Qur’an when praying behind the imam, even in silent salat.
• 17) Complete the following statements:
• Intentionally leaving a wajib element of prayer is sinful.
• If a person leaves a wajib element of prayer on purpose, they must repeat the prayer.
• If a person leaves a wajib element of prayer out of forgetfulness, they must perform the prostration of
forgetfulness.
• 18) What are the main gender differences in the prayer according to the Hanafi school?
• A) Standing: Men place their hands below the navel, while women place their hands on their breasts.
• B) Bowing: Men clutch the knees with the hands (fingers spread), and bend over fully while keeping the legs
straight, and head at even level with their bottom. Women slightly bend the knees, place their hands on the
knees without clutching them and keeping the fingers pressed together, and only partially bend forward
C) Prostrating: Men keep a distance between the abdomen and the thighs, and keep elbows at the sides, with
arms raised from the ground and held slightly outwards. Women keep their abdomen close to the thighs, and
the forearms laid out on the ground.
• D) Sitting: Men sit on the left foot laying out on the ground, while keeping the right foot erect with its toes
pointed towards the Qibla. Women sit in the tawarruk position – the backside rests directly on the ground
rather than on the foot, the right thigh is over the left thigh, and left foot comes out from under the right leg.
• 19) Where should someone look during prayer? Is it allowed to close one’s eyes during prayer?
• One should look at their place of prostration when standing, at the top of one’s feet while bowing, the tip of
one’s nose while prostrating, the lap while sitting, and each shoulder when making the closing salams.
• Closing one’s eyes during the prayer is not preferred, but is allowed if it helps one to concentrate in the prayer.
• 20) What is the standard of ‘excessive movement’ that would invalidate one’s prayer? What is an
exception to this?
• Excessive movement are actions which, to an onlooker from afar who did not initially know that the person
was praying, would be fairly certain that its doer was not praying. Excessive movement is estimated as at least
three continuous movements, for example, walking three continuous steps, and it would render the prayer in
invalid (even if the movements were not voluntary.) If the movements are not performed consecutively then
the prayer remains sound.
• The exception to this are movements which are performed to fix or perfect the prayer, and are done for the
purpose of having more presence in the salat, removing some impediment to concentration in salat, or
rectifying the salat. Examples include: fixing your garment to avoid revealing awrah, moving rocks aside for
the first sajda when praying outside, etc.
• 21) Layla is praying and her neck gets exposed for a couple of seconds until she adjusts her
clothing. Is her prayer valid, or must she start over?
• Her prayer is valid. Layla’s neck was unintentionally exposed for only a couple of seconds, which is less than
the length of time it takes to perform a pillar.
• 22) Zayd is praying in basketball shorts, and while going into sajda they lift up, exposing his ‘awra.
He remains in sajda the entire time without adjusting them, and only covers himself once he is in
the sitting position. Is his prayer valid, or must he start over?
• If one-fourth or more of a limb was exposed (unintentionally), his prayer is invalid because his ‘awra was
exposed for the length of time it takes to perform a pillar (i.e. sajda,) and so he must start his prayer over.
• If less than one-fourth of a limb was exposed (unintentionally), then his prayer is still valid, regardless of how
long it was exposed for.
• (In this situation, the “limbs” which have a possibility of being exposed are described as: each of the two
buttocks, each thigh with the knee, and the area between the navel and the pubic region including what is
parallel to it from the sides and the back. So one-fourth of a limb means one-fourth of a buttock, one-fourth
of the area that includes the thigh and knee, or one-fourth of the area between the navel and public region
including the regions around the sides and back.)
• 23) List three common actions that are disliked (makruh) during prayer.
• (1) Yawning, (2) Praying while having the urge to urinate or defecate & (3) To pray in a congregation standing
alone in a row.
• 24) Describe the manner in which Witr is prayed according to the Hanafi school.
• Witr is 3 rak’at, with a surah recited after Surah al-Fatiha in each rak’at, and a sitting at the end of the second
and third rak’at. In the 3rd rak’a, after reciting the surah after Surah al-Fatiha, one raises their hands and makes
takbir and then places them back on their torso, then recites the du’a Qunut, and then performs the ruku’ and
the rest of the salah as normal.
• 25) What is the least distance of travel for one to be considered a traveler who must shorten their
prayer?
• The minimum distance is 48 miles, measured from the city limits of their place of residence.
• 26) Zayd traveled to Austin and intends to stay for twenty days. When does he stop shortening his
prayers?
• When Zayd reaches Austin, he stops shortening his prayers for the duration of his stay there, as he intends to
be there for more than 15 days.
• 27) Khalid was traveling and forgot to pray Dhuhr until he arrived home. How should he offer Dhuhr?
• He should make-up the Dhuhr prayer as 2 rak’a instead of 4, because at the time that the prayer was obligatory,
he were travelling and shortening the prayers. So when making up the missed Dhuhr prayer, Khalid should pray it
the way he would have if he had prayed it on time as a traveller.
• 28) Bilal forgot to recite Surah Al-Fatiha in his prayer and remembered at the end. What is the
manner in which he performs the two prostrations of forgetfulness?
• If he remembered before ending the prayer: In the final sitting, he recites the tashahhud (at-tahiyyaat) then gives
one salam to the right, then he performs two prostrations, then he sit and performs the tashahhud (at-tahiyyaat)
again, recites durood, makes du’a, and then ends with closing salams to the right and left.
• If he remembered immediately after ending the prayer, and he has not performed any action which would
invalidate one’s prayer: He makes takbir (says “Allahu Akbar,”) and then perform the two prostrations, performs
the tashahhud (as well as durood & du’a) and then ends with salams to both sides.
• 29) Corey forgot to sit and offer the tashahhud in the second rak’a of Maghrib, and stood up straight
and began the third rak’a. As he was reciting the Qur’an, he realized he had forgotten the tashahhud.
What should he do?
• Because Corey completely stood up for the 3rd rak’a, he should remain standing and complete the prayer as
normal (i.e. complete the 3rd and 4th rak’a,) but then in his final sitting, he should perform the Sajda al-Sahw.
• 30) Zayd is standing in Dhuhr prayer but he is confused: is he in his third or fourth rak’a?
What should he do?
• If it is Zayd’s first time ever experiencing uncertainty in prayer, then he should make up his prayer
(i.e. start over again.)
• If Zayd has previously experienced uncertainty in prayer, then he should try his best to determine
what rak’a he is are on and act accordingly (so if Zayd thinks he prayed 3 rak’a, then he should pray
another rak’a and Sajda al-Sahw is not wajib, and if Zayd thinks he prayed 4 rak’a, then does not
pray another rak’a and do not do Sajwa al-Sahw.)
• If Zayd experiences doubt (i.e. 50-50 split without inclination toward one or the other while
praying), then he should ‘build upon the prayer’ based on the minimum number of rak’as he is
certain he has performed. So Zayd assumes he is now standing in his 3rd rak’a, and so he makes a
sitting at the end of the rak’a (as it may in fact be his final rak’a.) Then he stands for (what is now)
the 4th rak’a, and makes his final sitting at the end of this rak’a, and also performs Sajda al-Sawh at
the end (i.e. say tashahhud, give one salam to the right, offer two prostrations, say tashahhud,
durood & du’a, and end with closing salams to the right and left.)
• 31) Caroline overslept and missed Fajr. She left quickly for work and later needed to pray Dhuhr
but got stuck in traffic and reached her home at 4:20pm—ten minutes before ‘Asr comes in. What
should she do?
• Assuming 10 minutes is not enough time to make up the missed Fajr and Dhuhr prayers, as Caroline would
need time to make wudu’ and such, then once ‘Asr time has entered, Caroline will make up the prayers she
missed (praying them in their correct order) before praying the current prayer. So Caroline will pray the Fajr
prayer she missed, then pray the Dhuhr prayer she missed, and then finally pray the current ‘Asr.
• 32) Our Jumu’a prayer is at 1:15pm, and in the summer Dhuhr is after 1:30pm. How can we begin
Jumu’a before Dhuhr enters?
• The position in the Hanafi, Maliki, and Shafi’i schools is that Jumu’a can begin once Dhuhr time enters.
However, the Hanbali position is that Jumu’a enters before the sun passes the zenith, which is before Dhuhr
time enters. Some masjids adopt the Hanbali position because of the prayer timings in that region, and/or so
that the Jumu’a occurs at time that is conductive for working people.
• 33) What are common mistakes made by people during the Jumu’a khutba?
• Being inattentive (e.g. talking, using one’s phone, etc.), not facing the Imam (turning to and fro), doing
voluntary acts of worship (e.g. praying nafl salah, reading from the mushaf)
• 34) Amir enters the masjid late right as the imam in in ruku’. What must he do to ensure he
catches that rak’a?
• While standing, Amir must make the takbir tahrima (opening takbir), and be able to perform the bowing (ruku’)
position while the Imam is also in this position.
• 35) Is it allowed for a person intending ‘Isha prayer to pray behind an imam leading the Tarawih
prayer?
• No. The imam is offering a voluntary prayer (Tarawih), while the one behind him is intending a fard prayer
(Isha), and the imam must not be in lesser state than one following him. So the one intending to pray ‘Isha can
NOT pray 2 rak’a of Tarawih with the Imam and then pray 2 rak’a on their own. Instead, the person will have to
offer the 4 rak’a of Isha on their own before joining the Tarawih prayer with the Imam.
• 36) What should the congregation do if the imam forgetfully stands up for a fifth rak’a?
• Those praying behind the imam should not join him and wait to see what he does. (To alert the imam of his
mistake, the men may say “SubhanAllah” once aloud, and the women praying in the presence of non-mahram
men can clap their hands instead.) If the imam realizes his mistake and sits back down after standing, then
those praying behind him can give salam with the imam (and the prostration of forgetfulness will be
performed.) But if the imam performs the extra rak’a, and ends up prostrating in that rak’a, then those who
were praying behind him should give the closing salam on their own, without the imam.
6.1) Fiqh of Zakat: Meanings &
Importance, Wisdoms, Warnings
against withholders
30/9/2022
Disclaimer and Warning!
• This course aims to cover the Fard ‘Ayn aspects of paying Zakat, with a few
digressions into the most common modern issues.
• Because of the multiple stores of value, means of saving, investment
products, and modern financial instruments, it is not within the scope of
this class to cover every conceivable scenario or means of payment.
• Once learning the foundations in this Module, consult with a specialist if
you are unsure of what to include or how to include it in your Zakat
calculations.
• Zakatable wealth is monetary wealth, crops, and livestock.
• This course does NOT cover Zakat on crops or livestock. If you have a farm with
livestock and produce, you must know what the Nisab is for it.
Some forms of worship
• Heart-based: love, hope, fear, trust, awe, etc.
• Limb-based: purification, prayer, fasting, etc.
• Money-based: zakat, sadaqa, gift giving, endowments, etc.
Learning Objectives for Module 6
• 1) Define and understand the term Zakat and the difference between it and
voluntary charity (sadaqa)
• 2) Understand the wisdom of Zakat, its purpose, rewards, etc
• 3) Understand on whom Zakat is incumbent
• 4) Know how to pay Zakat on gold, silver, and currencies
• 5) Know how to pay Zakat on debts and loans
• 6) Know how to pay Zakat on Fa’ida (e.g., inheritance, dowry, gifts, etc.)
• 7) Know how to pay Zakat on trade/merchandise
• 8) Understand the proper recipients of Zakat
• 9) Understand Zakat al-Fitr–how it is paid and its wisdom
• 10) Apply Fard ‘Ayn knowledge to common contemporary issues
Importance of Zakat
• “When you hoard your money, you belong to it, but when you spent
it, it belongs to you.” –al-Ahnaf b. Qays
• “If you could invest in a treasure that cannot be stolen, and which will
never depreciate, would you? Do so through charity!” – ‘Abdullah b.
Mas’ud
• “Prayer takes you halfway; fasting gets you to the door–but charity
gives you and audience with the King!” – ‘Umar b. ‘Abd al-‘Aziz
Importance of Zakat
• Zakat is the third pillar of Islam, established in the Qur’an, the Sunna, and consensus. Anyone who
denies the obligation of Zakat is outside of the fold of Islam.
• In a society where there is legitimate Islamic governance, Zakat is taken from the people, even if they don’t want
to give it.
• Islam does not have a complex tax system outside of zakat, jizya and kharaj
• In Arabic, zakat means “growth” and “purification.”
• Imagine a lush garden. Over time, weeds start to grow among the garden’s flowers. The weeds must be removed
for the garden to flourish. Zakat is how we remove the ‘weeds’ from our wealth to purify it and allow its growth.
Not only does Zakat prevent other ‘weeds’ from growing, it also cuts ‘weeds’ from other sins, because Zakat is a
means for purifying the heart and having sins forgiven.
• Another analogy: If someone wants to have really nice long hair, they cannot just grow it out, because it will get
damaged, split ends etc. Every now and then, the hair needs to be trimmed, so that the hair can grow long and
healthy.
• Zakat is a means of purifying one’s self and wealth in a way that promotes growth–for the giver, the
receiver, and the entire community.
• Allah (SWT) has a right over our hearts, our bodies, and our wealth–all are trusts given to us by Him.
Virtues, Wisdoms, Warnings – The Why
• Allah (SWT) is al-Ghani, and had He willed, He could have made everyone
rich and never suffer poverty or want, but by His divine will, He made
some rich and some poor as a test to the rich and the poor.
• Allah (SWT) pairs Salat and Zakat in the Qur’an 32 times, and makes
‘brotherhood’ conditional on establishing the prayer and paying the Zakat.
• Zakat is a means of receiving Allah’s mercy:
‫ين ُُم ِبـَ َايـِٰتَنا‬‫ذ‬ِ ‫و َّٱل‬ َّ ‫ين َيتَُّق َ َن وُي ْؤتُ َ َن‬
‫ٱلزَك ٰ ََة‬ ‫ذ‬ِ ‫ورحمِتى وِسعت ُك َّل َشىء َفسأَ ْكتُبها ِلَّل‬
َ َ َ َ َُ َ ْ ْ َ َ َ ْ ََ
‫ُي ْؤ ِمُن َ َن‬
“My mercy encompasses all things, and I shall decree it for those who are
God-fearing, who pay the Zakat, and who believe in Our signs.” [7:156]
• Paying Zakat is the way to success in this life and the Next:
﴾۴﴿ ‫ين ُُ ْم ِل َّلزَك ٰ َِة َفـٰ ِعُل َ َن‬ ِ َّ َّ ِ َّ ِ ِ ِ ‫﴾ َّٱل ِذين ُم‬۱﴿ ‫َق ْد أَْفَلح ٱْلمؤ ِمن َ َن‬
َ ‫﴾ َوٱلذ‬۳﴿ ‫ض َ َن‬ َ ‫﴾ َوٱلذ‬۲﴿ ‫ص ََلت ِه ْم َخـٰش ُع َ َن‬
ُ ‫ين ُُ ْم َع ِن ٱلل ْغ ِ َ ُم ْع ِر‬ َ ‫ى‬ ‫ف‬ ُْ َ ُ ُْ َ
“Successful indeed are the believers–those who are humbly attentive in their prayers, who turn away from vain
talk, and who pay the Zakat.” [23:1-4}
• Zakat brings joy to the heart of the believers.
• Examples include: feeding people, receiving them as guests, giving them gifts, etc. Zakat is on an even higher level than
this because it is obligatory.
• This opens you up to Allah’s mercy.
• It purifies what remains of our wealth: “Pay Zakat out of your wealth, it shall purify you.” (Musnad)
• The scholars say this means it is purifying you from your own miserliness, greed, attachment to that money, hypocrisy.
• It cleanses the character of the one who gives it, so that he is saved from being a miser and is included
among the generous.
• Paying Zakat gives you the qualities of generous people. Zakat is an obligation that basically forces us to be generous
(provided that we give it with the right intention and spiritual attitude)
• Paid Zakat will be a shade for people on the Last Day: “Every person will be in the shade of his charity on
the Day of Resurrection.” (Tirmidhi)
• It is a means of bringing down blessings: “No people ever withhold the Zakat of their wealth but rain is
withheld from the sky.” (Tirmidhi)
• This is a threat, but in it is an implicit promise: if you pay the zakat, you receive the barakat.
• It averts the displeasure of Allah (SWT): “Charity given in secret extinguishes the wrath of the Lord.”
(Tirmidhi)
• It wards off a bed ending at the time of death.
• This has been observed from the experiences of dying people. People who were stingy and did not pay Zakat had bad
endings.
• Those who hoard their wealth and do not pay Zakat are punished with their wealth on the Day of
Judgment.
• The wealth is heated up and used to stamp them on their sides, front and back.
• Miserliness is a fault, and the obligatory Zakat forces us to treat that fault.
• We may have a certain degree of stinginess, and Zakat treats that disease of the heart.
• Zakat reduces class conflict, envy, resentment, and economic turmoil.
• By paying Zakat, we conserve our resources by preemptively stopping greater
instances of need. If no one gave charity, people with minor needs would soon
have major needs, becoming a larger problem for society as a whole.
• Analogy: If the engine light on your car goes off, that may be a minor problem for a short
while, but it eventually becomes a major problem, and the repair cost is much more than
what it would have been if you had repaired it earlier.
• Minor needs intensify and grow into major needs which become a larger problem for the
whole society.
• By paying Zakat, you free yourself from excess. To grow, we have to cut back and
trim to allow for renewal.
• By paying Zakat, you defend yourself against infestation. We all make mistakes
and wrong others. By paying Zakat, we expiate those mistakes.
• Paying Zakat forces Muslims to know what they possess, how much they possess,
when and where it was earned. This is because a single item of value can have
different zakat rules depending on how it was acquired.
• When people think about their wealth, they usually just think about their bank account and
assets, but when you have different sources of income scattered in different ways, then you
have to analyse all of that. Also, each category of income has a different Sharia ruling when it
comes to paying Zakat.
• As we calculate our Zakat, we often realize we don’t know enough about
ourselves–how much we consume, what we own, how much we need, how much
we spend, how much we save. Calculating Zakat is therefore a process of self-
reflection and purification.
• As we calculate our Zakat and come to the amount that must be given, we are
reminded that our wealth is a trust, and this life is a test.
The Fiqh of Zakat – The How
• Look at your wealth like a homemade pizza. The ingredients must be
good for us, as well as for others.
• Before making the pizza, we need to know what ingredients we have,
and what we should and should not include in it. We don’t want one
ingredient more than is necessary, and we don’t want to include
something that is poisonous.
• After gathering the right ingredients, we need to know how much to
measure.
• Once our pizza is out of the oven and ready to serve, we need to
measure each slice carefully and give 2.5 percent of the pizza to the
deserving.
• The whole pizza belongs to you apart from this 2.5% that goes to the needy.
The Fiqh of Zakat – The How
• Zakat is a flat rate on one’s savings–it is not a progressive tax that increases as
your wealth increases.
• It is always 2.5% every year.
• Charity (sadaqa) starts at home. The Prophet (SAW) said, “Start with those you
care for.”
• Those who are most deserving of charity are our immediate family and then our relatives.
• If we started with our immediate families, then our parents, uncles and aunts,
cousins, etc., then there would be less people in society who would be in
financial need.
• A lot of people in need have family, but for one reason or another, the family is not helping
them.
• 2.5 percent of any savings we retain after that will help cover the needs of the
poor who may not have the same family structure/net to support them.
Defining the terms
• There are common terms used when speaking about Zakat. Understanding them is
important to grasp how we calculate and pay Zakat.
• 1) Zakat al-Mal – the obligatory alms-tax: “The transfer of ownership (tamlik) of a

portion of wealth – specified by the Lawgiver–to a particular person, with its intention.”
• Portion: 2.5%
• The Lawgiver is Allah (SWT), and in some context, it can also mean the Prophet (SAW) who is
conveying the hukm (judgement) of Allah (SWT)
• “To a particular person”: one of the eight eligible recipients for Zakat
• “With its intention”: because it is an act of worship
• If a person was stingy and did not want to pay Zakat, and they live in a state with legitimate Islamic governance,
then the ruler is allowed to forcibly collect that Zakat, such that the person is unwillingly giving the Zakat – so the
person does not get the reward for the Zakat, but it is still getting taken. But for the person who wants the reward
of Zakat, they must have the correct intention of drawing nearing to Allah (SWT), as Zakat is an act of worship and
obedience to Allah (SWT.)
Defining the terms
• 2) Sadaqa – a general term that encompasses all forms of charitable giving, including zakat.
When Zakat and Sadaqa are paired, Sadaqa is voluntary charity and Zakat is obligatory charity.
• Often in the Qur’an, Allah (SWT) describes Zakat while using the word “sadaqa.”
• When “sadaqa” is used by itself, it could mean “zakat,” and when “zakat” is used by itself, it means
“zakat.” But when both terms are used together, sadaqa is voluntary and Zakat is obligatory.
• Unlike Zakat, ssadaqa is a voluntary charity and you can give it to whoever you want and for whatever
purpose.
• 3) Nisab – a designated portion, or minimum threshold. This is the amount of wealth you must
have to be liable for paying Zakat.
• When your wealth has reached the level of nisab, the ‘zakatable’ money is not really yours anymore, and
you must give it to someone who is eligible to receive zakat (mentioned in Surah Tawba).
• 4) Zakat al-Fitr / Sadaqa al-Fitr – “Fitr” means “breaking the fast.” This term and its
equivalents (fitri/fitrana) mean a specific type and amount of food given to the poor at the end
of Ramadan as an expiation for any sins committed while fasting.
• It is the Hanafi position, which has been adopted widely, that money can be used as a substitute for food.
Defining the terms
• 5) Dinar – a gold coin weighing approximately 4.245 grams used during
the time of the Prophet (SAW).
• 6) Dirham – a silver coin weighing approximately 2.65 grams used during
the time of the Prophet (SAW).
• 7) Mithqal – a measure of weight equivalent to the weight of a dinar.
• 8) Hawl – a Zakat year, like a fiscal year, but applicable to Zakat payment.
A Hawl is a single lunar year, eleven days shorter than the Gregorian
(solar) year.
• If you have wealth at the level of nisab and beyond for over the hawl, you are
actually a little bit late in paying the zakat. You need to pay it once it reaches the
hawl.
Conditions for the Obligation of Zakat
• 1) That one’s wealth reach or surpass the • 3) The passing of the Hawl (one lunar year).
Nisab. (This would exclude those whose • The lunar year is shorter than the Gregorian year by 11 days!
wealth is under the Nisab.) • Zakat is first due 12 Islamic months (one lunar year) from when
• If your wealth reaches above the Nisab, at the you initially reached the Nisab, if you are still above the Nisab on
end of 1 lunar year, your wealth is below the that day. Then it is due every lunar year onwards, provided one
Nisab, then you are not eligible to pay Zakat. is above the Nisab.
• 2) That one is the owner of the wealth. This • 4) Absence of short term debt. This pertains to Zakat of
would exclude: money. A short term debt is one owed in full within a year.
• Those who are holding onto the money of One must pay a short-term debt before paying Zakat.
others for safe-keeping, etc. do not pay Zakat • Sayyiduna ‘Uthman (RA) announced in the presence of the
on that Companions, and none of whom disagreed: “This is the month of
• Those who do not have access and control of your Zakat, so pay the debts you owe to others, then pay your
their wealth. If it is tied up in an investment or Zakat.” (Muwatta)
mixed with other people’s money, you do not • A long-term debt is a debt that is being paid which is taking
really ‘own’ it because your share of the profit longer than a year (e.g. fixed installments on a mortgage.) When
has not been determined. paying the zakat (at the time of Hawl), you would only deduct
• Those who have lost their wealth. e.g. gold the amount required for the immediate installment of that
that has gone missing or was stolen. month.
Fluctuations to Zakatable Wealth over the Hawl,
with regards to the Nisab
• If your Zakatable wealth was initially (equal to or) • However, the easier opinion, which is in the Hanafi school, is
above the nisab, but then fell below the nisab within that as long as your Zakatable wealth was at or above the nisab
the same lunar year (Hawl), then you are no longer at the beginning and end of the lunar year (Hawl), then you are
eligible to pay Zakat, and everything resets. So it is eligible to pay Zakat. And it is irrelevant whether or not you fell
only when your Zakatable wealth reaches the nisab below the nisab during that time (UNLESS during that time,
again, and remains at or above it for the duration of your wealth completely diminished to 0, in which case you
a Hawl, that will you be eligible to pay Zakat. would need to come above the nisab again to determine a new
date on which the Hawl commences.)
Feb ‘17:
$ Initially Apr ‘17 to Apr ‘18 (1 Hawl): $ Apr ‘17: Apr ‘18: Wealth
reached Wealth maintained above nisab Nisab above nisab,
nisab reached zakat is due
Silver
Nisab Silver
Nisab
Apr ‘17: Apr ‘18:
Nisab Zakat due
Mar ‘17: Fell Apr ‘17 to Apr ‘18 (1 Hawl):
Zakatable below nisab reached Zakatable Wealth may or may not
wealth (so not Zakat wealth remain above nisab
eligible)
Time Time
Day of Zakat payment
• The day your Zakatable wealth initially exceeds (or is equal to) the nisab,
marks the beginning of the Hawl (lunar year,) according to the Hijri
calendar. So if it was on the 8th of Shaban 1438 AH (4th May 2017), then
your Zakat payment is due 9th Shaban 1439 AH (24th April 2018).
• Zakat is only due on the Zakatable wealth you own at the time of Zakat
payment (end of Hawl.)
• So if you earned $7,000 over the Hawl, but spent $2,000 in expenses and payment,
and thus you only had $5,000 at the end of the Hawl, then you only pay Zakat on
that $5,000.
• Zakat is not paid on belongings that one uses or on one’s basic needs (e.g.
house, car, clothing, furniture, fridge, things used for work etc.)
Do Prepubescent Children Pay Zakat?
• In the Hanafi school, prepubescent children DO NOT pay Zakat on wealth given to them. In
the other three schools of law, the child’s caretakers discharge their Zakat.
• The Hanafis reason that Zakat is an act of worship requiring intention, and minors are not addressed
with Shariah commands until they reach puberty; therefore, the wealth of children is not subject to
Zakat.
• In the other schools, Zakat is a right of the poor over the Zakat-eligible wealth, therefore the wealth of
children is included.
• An unborn child is not liable to pay Zakat. Any wealth set aside for an unborn child will be
managed by their parents/guardians and they will be responsible for adding that wealth to
their Zakat calculation.
• If you wanted to take a cautious approach, you would calculate the zakat from whatever
money is in your childrens’ savings that they have before puberty. Regardless of whether
they keep that money, they must be educated on the obligation of zakat, and how to
calculate it and pay it. And in today’s time, it is easier to do with Zakat calculators and such.
6.2) Fiqh of Zakat: Calculation for
gold, silver & modern currencies
7/10/2022
Zakat Owed on Gold: The Gold Nisab
• The Nisab of gold is 20 Shariah dinars.
• 1 dinar=4.235 grams (in the time of the Prophet [SAW]), so 20x4.235=87.4 grams
• If you have gold that weighs 87.4 grams or more in your possession for over a lunar year, you have
reached the nisab and you have to pray zakat on it (2.5% of its value.)
• As of 4th October, 2022, the USD value of 87.4 grams of gold is: 4643.8469 ($4644)
• Example: Khalid has 150 grams of gold (which is more than 87.4 grams of gold) with him
for one lunar year. He will find out the USD value of his gold at the period of the Hawl (not
the purchase cost a year before). So if he pays Zakat on 4th October 2022, he owes
$199.24972 ($199)
• Cost/1 gram of gold: 4643.8469/87.4 = 53.13326 USD/g
• Value of 150 grams of gold: 7,969.98896 USD
• 2.5% of the value of 150 grams of gold: 0.025 x 7,969.98896 = 199.24972
• Zakat owed: $199
Zakat Owed on Silver: The Silver Nisab
• The Nisab of silver is 200 Shariah dirhams.
• 1 dirham=2.9645 grams (in the time of the Prophet [SAW]), so 2.9645x200=592.9 grams
• If you have silver that weighs 592.9 grams or more in your possession for over a lunar year, you have
reached the nisab and you have to pray zakat on it (2.5% of its value.)
• As of 4th October, 2022, the USD value of 592.9 grams of silver is: 396.6501 ($397)
• Example: Zayd has 1 kilogram (1000g) of silver (which is more than 592.9 grams of silver)
with him for one lunar year. He will find out the USD value of his silver at the period of the
Hawl (not the purchase cost a year before). So if he pays Zakat on 4th October 2022, he
owes $16.725 ($17)
• Cost/1 gram of silver: 396.6501/592.9 = 0.669 USD/g
• Value of 1000 grams of silver: 0.669 x 1000 = 669 USD
• 2.5% of the value of 150 grams of gold: 0.025 x 669 = 16.725
• Zakat owed: $17
Zakat on Gold and Silver
• Where gold has been mixed with other • In Zakat calculations, every dinar (gold coin) equals
materials (eg. lower carat pieces), Zakat need 10 dirhams (silver). If you have half the Nisab of
only be calculated on the portion of the item gold (ten dinars) and half the Nisab of silver (100
that is made from gold. Some scholars believe dirhams), then those amounts together have
mixed metals are only liable to Zakat if half or reached the full Nisab, and you owe Zakat.
more of the metal is gold or silver. • According to the Hanafi school, if one has gold and
• You can try to calculate the portion of gold in an silver that do not reach the value of their respective
item, or get a jeweller to evaluate it. If in doubt, nisab, then they should mix the value (i.e. price) of
just pay zakat on the whole item. both and compare it to the silver nisab to determine if
they have to pay Zakat on it.
• 9 carat gold has more alloy material in it than
gold, so some scholars are of the opinion zakat • Online Zakat calculators take this into account.
would not be required on that. But one could
• For gold and silver NOT in the form of Shariah
calculate the portion of gold in the jewelry e.g. a
9 carat gold item weighing 50g contains 18.75g dinars and dirhams, the consideration is the
of pure gold (as 9/24 x 50g =18.75g) weight, not the value (e.g., if you have a gold clock,
• It is not just gold jewellery that needs to be you calculate the Zakat based on how many grams
accounted for, remember to enter in the weight of gold it has, not the cost of the item itself).
of gold ornaments/decorative items etc.
Zakat on Gold and Silver
• The Prophet (SAW) forbade the use of gold and silver on plates, cups,
and eating utensils; however, Zakat is still owed on these items if their
weight reaches the Nisab.
• Note that the prohibition is with respect to items made of silver, as opposed to
items of a silver colour or merely coated with silver.
• You can own silver/gold utensils/cutlery, but only as ‘store of value’ (i.e.
investment items,) not as items you would actually use. And if they are ‘store of
value,’ you need to pay Zakat on them if above the nisab.
• There is no Zakat on the weight of gold or silver teeth or any gold or

silver used on the body for a health reason.
Zakat on Gold and Silver Jewellery
• Zakat is not owed on gold and silver jewelry that are used. Zakat is owed on them if they are not worn as
jewelry but instead kept as a store of value or merchandise that is sold. (The Hanafi position is that Zakat is
due on ALL gold and silver, including jewelry worn by women.)
• Even if the jewelry is worn even occasionally (e.g. a few times a year for special occasions, or even once a year), as opposed
to stashed away with a large collection of unworn jewelry, then according to a majority of scholars, no zakat is paid on that
item. The situation is likened to wearing clothes – you may not wear all items of the clothing you own regularly, but you are
not required to pay Zakat on your clothing. And you do not pay Zakat on things you use, such as your house, car, etc.
However, zakat would be due on jewelry which is not used at all.
• The stricter (Hanafi) opinion, however, is that Zakat is due on all gold and silver jewelry, whether or not it is worn.
• The only precious metals on which Zakat is due are gold and silver only. This means there is NO Zakat on the
precious stones, or other metals (platinum, titanium, etc.) in one’s jewelry.
• When in doubt, go to a qualified jeweller who can determine the weight of your gold and silver.
• If a piece of jewelry has a majority of silver or gold in it, then Zakat is due on it. 9 carat gold has more alloy material in it than
gold, so some scholars are of the opinion zakat would not be required on that. Otherwise one could calculate the portion of
gold in the jewelry e.g. a 9 carat gold bracelet that weighs 50g contains 18.75g of pure gold (as 9/24 x 50g =18.75g)
• Gold-plated jewelry is NOT gold jewelry, but made of a base metal that has a very thin layer of gold applied on top of it. Thus
Zakat is not due on it.
• If you have jewelry which has a significant amount of metal/jewels which are not gold or silver, then a jeweler can help
determine what amount of the jewelry is gold/silver.
Zakat on Currencies – Gold and Silver Nisab
• Currency is treated as gold, and its nisab is the amount of money that could purchase 84
grams of gold. This is the gold nisab.
• The reason why gold is chosen and not silver is because the nisab separates the wealthy from the
needy, and having the nisab of gold is a better indicator of that than possessing silver.
• The Shafi’i school took the opposite view, and said that the nisab of currency is the nisab
of silver. This is the silver nisab.
• Their reasoning is that when there is a considerable difference between the gold nisab and the
silver nisab, the minimum for currency should correspond to silver, since it is better for the poor,
(as more people would be required to pay Zakat.)
• Accordingly: in the Shafi’i school, the (silver) nisab for USD (as of today, 4th Oct 2022)
would be USD$397. For the other schools, the (gold) nisab would be USD$4644.
• Many Zakat calculators give you the option of selecting between the silver or gold nisab for
calculating the threshold for which Zakat is payable, but they recommend selecting the silver nisab
in the interest of helping more disadvantaged people.
Long-term and short-term debts
• Typically, when calculating Zakat, you include debts which are owed to you as Zakatable
assets (as it is considered wealth you own, even if you may not physically possess it at
the current time,) and deduct debts which you owe to others.
• Note that generally, you should only add debts owed to you as Zakatable assets if you are
confident or have hope that they will be paid back. This is discussed more later.
• A short-term debt (i.e. debt one owes in full within a lunar year) should be paid before
paying Zakat (such that it is not included/is deducted from your Zakat calculation.)
• A long-term debt is debt taking longer than a lunar year to pay. (e.g. fixed installments on
a mortgage, student loans.) When paying the zakat (at the end of Hawl), you deduct the
amount immediately due for the installment for that month.
• Only the amounts which are due to be paid imminently, or are overdue, at the time of the Zakat
payment should be deducted from the Zakat calculation. (Example on next slide)
• One who takes out a student loan cannot deduct the debt while they are undertaking studies, as it
is not currently payable. In most cases, student loan payments are automatically deducted at
source anyway.
Example of deducting upcoming payment of
long-term debt from Zakat calculation
• Let’s say the Nisab is $2000.
• Note that in practice, the Nisab does not stay fixed since it changes with the value of
gold/silver, so it would not be the same value at the start, end nor throughout the Hawl.
• The point here in this example, is that Zayd’s Zakatable wealth is above the Nisab at
both the start and end of the Hawl, and so he owes Zakat.
• Zayd’s Zakatable assets amount to $5000. He also has an outstanding
mortgage of $50,000 with fixed monthly installments of $500. This would be
a long-term debt.
• At the end of the Hawl, Zayd would only subtract the upcoming installment of
$500, and would has to pay Zakat on $4500.
• Zakat owed = 2.5% of $4500 = $112.50
Up to 1 year’s worth of upcoming payments
for long-term debts can be deducted
• For long-term debts, scholars allow up to 12 (lunar) months’ worth on the non-interest
portion of upcoming payments to be deducted from one’s Zakat calculation. But this should
only be done if there is a risk that paying the Zakat would affect one’s ability to make
repayments in a timely manner.
• Example: I have $10,000 today, and (12 lunar months worth of) upcoming payments for my mortgage
amounts to $12,000. I have two options: (1) Pay 2.5% of the $10,000 I have now (amounts to $250),
or (2) Deduct the $12,000 and pay no Zakat at all. If paying $250 does not prevent me from making
timely repayments and paying expenses in the near future, this is the better option. Deducting the
upcoming payment from the Zakat calculation (option 2) should be only be done if one experiences,
or will experience, financial hardship if they were to pay Zakat (option 1).
• A one month deduction for the payment due in the same month that the Zakat payment is due is
generally preferable to deducting up to a lunar year’s worth of payments.
• If despite making the deduction, you were unable to make the repayment within the next 12 lunar
months, then when making the next Zakat payment in the following lunar year, you will have to adjust
your Zakat calculation to include the amount that you initially deducted in the previous (lunar) year
but could not pay.
Debts and Loans
• Zakat is payable on ‘strong receivables’, i.e. money that is owed to you that
you are confident will be paid. This includes personal loans to friends and
family, and the outstanding balance from the sale of commercial goods.
• Zakat must be paid for every year a strong receivable is outstanding, even before one
has received the money they are owed. If one did not pay Zakat on them each year,
then upon receiving the money that they were owed, they must pay Zakat for all
previous years (i.e. 2.5% on the amount of the loan x the number of [lunar] years it
took for the borrower to pay it.)
• For the years they were outstanding (i.e. not yet in one’s possession), Zakat is NOT
binding on ‘weak receivables’ such as outstanding wages/fees (remuneration of
services), outstanding dowry (owed to one’s wife), outstanding inheritance or assets
held in trust. (Fa’ida is explained later.)
Debts and Loans
• Loans which you lent to others should be added to your Zakatable income (even though it has not yet
been repaid) and treated similarly to your cash if you believe that the borrower will pay you back.
• If you have hope/confidence that someone will pay you back, then you can pay Zakat on the amount they owe you
every year until they repay you e.g. If you loaned someone $5,000 in 2018, and they paid it back fully in 2020, then
you include $125 (which is 2.5% of the $5,000) in your Zakat calculation in each lunar year – 2018, 2019, and 2020,
as though it was still in your position. The other method is to wait unless you are repaid the full amount, and then
pay Zakat in one go for every lunar year that it took until they repaid it (which might be the better option if you
have uncertainty if they will pay it back) e.g. If you loaned someone $5,000 in 2018, and they paid it back fully in
2020, then during your Zakat payment in 2020, multiply $125 (2.5% of the $5,000) by the 2 years it took for it to be
paid, which amounts to $250 of Zakat due.
• If you loan someone money, but you lack hope/confidence that they will pay it back, then Zakat does
not need to be paid on you amount that you loaned.
• If you initially had confidence/hope that they would repay you, then you can pay zakat on the amount for every
year until you lost hope that they would repay you.
• If you sincerely believed that someone was not going to pay you back and stopped paying Zakat on the loan, but
eventually you were paid back, you can just keep the money without paying Zakat on it, because you already
genuinely lost hope that you were going to receive it.
Interest That You Owe
• Interest is haram and should be avoided completely (both giving and receiving,)
but should you find yourself in the situation where you do owe interest (e.g.
monthly payments you were making continued into the non-interest-free period,)
then the money which you owe as interest is NOT deducted in your Zakat assets
calculation.
• Example: If one owes $1,500 and $200 of it is interest, then in the Zakat calculation, one can
only deduct $1300 (so one will not pay Zakat on $1,300.) And the $200 is still considered part
of your wealth that you must pay Zakat on.
• If one makes sincere repentance from this sin and has clear resolve not to fall into
it ever again, then they could deduct the entire amount of the debt and interest
they owe in their Zakat calculation.
• Example: If one owes $1,500 and $200 of it is interest, but one sincerely repents with clear
resolve to not involve themselves with interest again, then they can deduct the entire $1,500
from their Zakat calculation (so they will not pay Zakat on $1,500.)
Interest That You have Acquired
• If someone has haram earnings from interest bearing accounts,
transactions, or investments, they must deduct it from their Zakat,
but they must also dispose of it (through donation.) There are two
options:
• 1) It should be used for public welfare projects (potholes, parking lots, etc.)
Thus, the money does not go to any specific person who may use the impure
money for their needs. (This is probably the better option, if one is able.)
• 2) It can be given to someone, but it should not be given with the intention of
charity, since the money is impure. Interest is unlawful in Islam and therefore
giving interest as charity would not bring the reward associated with charity,
since the interest acquired is not actually your money.
Fa’ida
• Fa’ida is wealth earned without investment, such as
• 1) Inheritance
• 2) Gifts
• 3) Dowry
• 4) Sadaqa
• 5) Compensation
• For Fa’ida, Zakat is not owed until one comes into possession of it,
and then their Zakat is due (at the end of the Hawl.)
Zakat on Assets
Assets for which Zakat can be calculated Assets for which calculating Zakat can get
more easily: complex:
• 1) Cash on hand (under the mattress, in a • 7) Cryptocurrencies
safe, wallet, piggy bank, etc.) • 8) Shares/stock (Individual, Mutual, ETFs,
• 2) Checking account Index funds)
• 3) Savings account • 9) Retirement accounts (401k, IRA, pension
• 4) Other cash (good debt) funds, etc.)
• Money you can easily retrieve • 10) Business inventory (current and
obsolete/dead)
• 5) Gold
• 11) Real estate, rental property, etc.
• 6) Silver
• 12) Collectibles and Antiques
• 13) Investments in privately held companies
6.3) Fiqh of Zakat: Stocks, 401K,
IRAs, Crypto, Business and more
14/10/2022
Learning Objectives
• 1) Know the difference between liquid assets and illiquid assets
• 2) Know how to calculate and pay Zakat on the following liquid assets:
• Shares
• Mutual Funds/Index Funds
• Dividends
• Retirement Accounts (401k, IRA)
• Cryptocurrency
• 3) Know how to calculate and pay Zakat on the following illiquid assets:
• Real estate
• Artwork
• Collectibles
• Investment in privately held companies
• 4) Know how to calculate and pay Zakat on business inventory
Liquid vs. Illiquid Assets
• Liquid assets means gold, silver, currency, or something that can be
quickly converted to cash.
• Illiquid assets means something that cannot be quickly converted to
cash. Illiquid assets are assets whose price is not readily determinable
from the market (no open market with average price; not fungible;
the value is only determined through negotiation and finalized
through a sale).
• Illiquid assets include: Artwork, real estate, collectibles, antiques held as a
story of value, investments in privately held companies, obsolete or ‘dead
business inventory’ etc.
Zakat on Shares
• A share is “a unit of ownership interest in a company.”
• Shares are considered liquid assets, which means that you can
convert them into cash quickly and the effect that will have on the
price will be minimal. Because of the ease of selling and trading
shares, they are effectively the same as cash.
• Our discussion here assumes that your stocks are halal. If the asset or
company’s primary earning activity is haram, you must liquidate that
asset and absolve yourself of any haram earnings.
Zakat on Shares
• We will assume that you are buying and • Using the balance sheet (official financial
holding stock as a passive investor. statement that shows you (1) assets, (2)
Whether you buy and hold an individual liabilities, and (3) shareholder equity),
stock, a Mutual Fund, Index Fund, etc., you will determine:
you treat them all the same for the • 1) Cash and cash equivalents
purpose of Zakat. • 2) Receivables
• For stocks held more than a Hawl, you are • 3) Inventories
a ‘passive investor’ and will need to look • Add these three together and then divide
at the balance sheet (a financial by the total number of shares issued by
statement that reports a company's the company. Then multiply that number
assets, liabilities, and shareholder equity by the number of shares that you own:
at a specific point in time.) • [(C+R+I) / number of outstanding shares] x
the number of shares you own
Zakat on Shares
• Example: Company X has 6 billion outstanding shares, and you own
100 shares.
• When you go to the balance sheet, you find that the Cash and Cash
equivalents equal 15 billion, the receivables equal 17 billion, and the
inventories are 3 billion.
• C+R+I = 15 billion +17 billion + 3 billion = 35 billion
• Zakat owed = $35 billion / 6 billion shares x 100 shares= $583.34
Application to Mutual Funds & Index Funds
• Method One: Apply it to all holdings. Calculate CRI (Cash and equivalents + Receivables + Inventories)
values for each company, pro-rate it to the weight of the company in the fund, and then add these values
to determine how much of the holdings of the fund are liable for Zakat. This is complicated and time-
consuming. A quicker way is Method Two.
• Method Two: Find the CRI value of a fund by using 30% of the market value of the stock or fund. This is a
basic rule of thumb, based on a survey of the market and the average CRI value of most major shares
available.
• If you take Amanah Mutual Funds’ growth fund: if the price per share is $26.50, then 30% of that value would be
$7.95. If you have 1000 shares of AMAGX, your total Zakat liable value would be $7950.00 (0.3 x 26.50 x 1000), and
2.5% of that would be $198.75.
• The reasoning for using the CRI amount is that you are paying on the liquid holdings and not the capital
assets held by the company which generate the income and gains you get from holding them.
• With the two methods mentioned above, you are deducting assets in the company that are used for making money
from the total amount, but which are not Zakatable. For example, a bakery selling bread has ovens and other
equipment which they use to help make the bread, but only the money the bakery makes from selling the bread which
is Zakatable, not the assets used to make the bread.
• If you are confused about this, consult with experts who can easily calculate the values of what you have.
Zakat on Shares
• Apart from these two methods, there are other options for
calculating Zakat on stocks. All of the options mentions are Ijtihadi
(based on analogical deduction, qiyas, treating stocks like crops or
trade), so choose whichever you feel most strongly about.
• A simpler (and safer) method, but which results in owing more Zakat,
is like so:
• If you invested $10,000 in shares, after one Hawl has elapsed, check your
portfolio.
• If you see that your returns have given you $12,500 (for example), you pay
2.5% on that for your Zakat.
• Repeat this every year as the value increases.
• This method prevents the possibility of miscalculating.
Zakat on Dividends
• If you receive a dividend distribution on the shares you own long
term, you pay on the dividend as well. You will find the dividend
amount issued to you per share and multiply it by the number of
shares you own.
• Dividend per share x Shares owned = Zakat liable dividend amount
• EXAMPLE: If a company paid you a dividend of $0.50 per share and

you own 100 shares, you will add $50.00 ($0.50 x 100) to your
Zakatable assets.
Zakat on Retirement Accounts
• You contribute from your earnings to a set investment scheme that is invested and
reinvested over time, managed by a fund manager, who releases it to you at a later date.
• You and your employer contribute matching funds to an investment account.
• When you reach retirement age, all of those funds and their earnings are accessible to
you.
• You can also withdraw from them under certain circumstances (‘qualified distributions.’)
• You can also elect to contribute to an IRA (Independent Retirement Account) that you
create yourself.
• Generally, you cannot access any of your employer’s contributions until you have the
legal right to access them (i.e. retirement.) If you try to access your funds before
retirement or a ‘Qualifying Life Event’ (first time home purchase, disability, etc.) you will
have to pay a penalty on top of the taxes that you owe on the funds.
• Contractually, you’re not supposed to withdraw from them early, which is why there is a penalty.
Approach #1: Treat them like cash Approach #2: Treat the 401K or IRA like a passive
• Treat them like cash in hand, minus the investment
penalties you will be charged for early • If you are investing long-term and do not have
withdrawal and taxes. control over the assets in your account, treat
the earnings from your 401K like an illiquid,
• Example: You have $20,000 in your 401K.
passive investment.
Your tax bracket is 15%, and you have to pay
a 10% penalty. Taxes will cost you $5,000; • This means you will only pay Zakat on the
your penalty will be $2,500. The amount you amounts you withdraw post-tax.
would receive if you withdrew from the 401K • If you retire and cash out, pay the taxes on it,
would be $18,750. You would add this then pay the Zakat (of a single year) on the
amount to your liquid assets and pay 2.5% entire amount, and every year after on
on it in Zakat, equaling $468.75. whatever amount there is (because now you
• This does NOT mean you are literally have full access to it).
withdrawing from it, but calculating the • If you withdraw early, you pay Zakat on the NET
Zakat as if you were. amount you withdraw, after taxes and penalties.
Approach #2 is preferred because:
• 1) As an investor in a long term, inaccessible investment, you are mandated
by contract to not access the capital. If you withdraw money, it is basically
a breach of contract, which is why you are made to pay a penalty.
• 2) The capital in this investment is therefore similar to a debt which you
don’t have access to, or an illiquid asset that you don’t benefit from until
you sell it.
• 3) Whether like a debt or an illiquid asset, Zakat would not be due until the
actual funds are received—and so the retirement fund is treated similarly.
• You still pay Zakat on the retirement fund, but only once you gain access to it.
Paying Zakat on Illiquid Assets
Principles:
• 1) If you buy an item for personal use or aesthetic value, you do not owe Zakat on it.
• If you bought something for personal use, but you also intend to eventually sell it at some point in the future
when market conditions are favorable, then there is no Zakat due (until you actually sell it.)
• This is the same whether the intention to eventually sell the item was made when the item was purchased (e.g.
you bought a car for personal use knowing that you want to sell it in the future when the market is favorable),
or whether the decision was made later (e.g. you bought a care for personal use, and you were using it, but
then 2 years later, you decided you want to sell it.)
• 2) If you own items for storing value and/or for the purpose of arbitraging the value over long-
term, you pay Zakat on the sale price of the item (i.e. the price that you sell the item).
• If you purchase a collectible item as a store of value, you do not pay Zakat on it yearly. You only pay Zakat on it
when you sell it - so you pay Zakat on the sale’s price (the amount of money you sold the item for.)
• For gold and silver that you own as store of value, you pay Zakat on it (lunar) yearly, but for illiquid assets kept
as store of value, you pay Zakat on it when it is sold (on the price that it was sold for.)
• Zakat is NOT owed on something which you are using. If something is kept with the intention of
selling, as a store of value, or left to appreciate, or put on the market, then it becomes an item of
merchandise, and Zakat will be owed on it once it is sold.
Paying Zakat on Illiquid Assets
Examples:
• Zayd bought a $5,000 dollar painting of a tree. He really likes it and hangs it in his
living room. He doesn’t intend to sell it; he just likes it. He does NOT pay Zakat on
it because it is for personal use.
• Bakr bought a $5,000 dollar painting of a tree. He doesn’t really like it; he does
not even have it hanging. He keeps it in storage and is waiting for its value to
increase over time so he can sell it (at a sales price of $6,000) and turn a small
profit. He will pay Zakat on the sales price (from selling it), which is the $6,000.
• Khalid buys a 1965 Mustang for $20,000. He keeps it for ten years and finally sells
it for $100,000. He only pays Zakat on the $100,000 (sale price when he sold it),
not the 20,000 each year.
Real Estate
• 1) If the property is your own residence, you do NOT pay Zakat on it.
• If the property is used for business and trade, then no Zakat is owed on the property
itself, however Zakat is owed on the business goods and profits from the business.
• If you own a holiday home or other property that you only use occasionally, you
don’t pay Zakat on it, because it is still for personal use.
• 2) If you rent out the property, you must pay Zakat on the earnings. You
don’t need to pay Zakat on the property value, only the rental income.
That’s because it is considered a personal asset—the tools of the trade—so
you pay Zakat on the income earned from them only.
• Zakat that is due is on the rental return from the property, MINUS any property
taxes, council fees, maintenance costs, real estate agency fees, security charges etc.
that you had to pay.
• (Realistically, unless your earnings from rentals are in a separate account, these
earnings will already be in your checking or savings, so it’s pre-calculated them.)
Real Estate
• 3) If you own additional property with no intention either to resell or
to derive rental income, then no Zakat is due.
• 4) If you own additional property with the prime motivation of capital
appreciation, then you only pay Zakat on the property once it is sold.
Before it is sold, there is no Zakat due on a properly initially
purchased as a long-term investment.
• 5) If you have a property on the market for sale when you calculating
your Zakat, and it has not been sold yet, and you are unable to pay
the full amount (as you do not have the cash yet), then you must pay
the Zakat on it when it is sold.
Land
• Zakat is not due on land if you have simply inherited or purchased it with no
particular intention or as a store of wealth. The land does not become Zakatable
unless some tradable activities taking place.
• If the land is in the market for sale, it becomes a Zakatable asset. As long the land
is in the market, Zakat is due on it at the end of a Hawl. The amount of Zakat due
on it is 2.5% on the intended market price of the land, even if the land is not sold.
• If land is bought for investment, then Zakat is due on the approximate sale price of the land
every year, at the end of the Hawl.
• The land needs to be valued each year to see if its value has increased, depreciated or
remains the same.
• You can delay the payment for each year for the time when the land is actually sold. Thus,
Zakat will be due for each of the previous years before the sale, based on the value of the
land at that time.
Privately Held Companies
• 1) If you have invested in a privately held company, start up, or small
business that is not publicly traded, you will treat the investment
based on the information available to you at the time your Zakat is
due.
• 2) If, at the time of calculating the Zakat, there has not been a
liquidity or dissolution event, you will treat the investment like an
illiquid asset and not pay Zakat until the actual value is known.
• But what if the company has experienced a liquidity or dissolution
event….?
Liquidity Event or Dissolution
A liquidity event is an acquisition, A dissolution event is when a
merger, initial public offering (IPO), company voluntarily terminates it
or other action that allows founders operations, or when its creditors for
or early investors in a company to the company terminate it.
cash out all or some of their • If you receive a settlement or payout
ownership shares. from the dissolution, you pay 2.5%
• If you cash out (i.e. sell your stake), of the total value received.
you pay 2.5% of the received value. • If you do not receive anything from
• If you received shares, you treat the dissolution, you do not pay any
them like passive investments. Zakat.
Cryptocurrency
• Cryptocurrency is a recent phenomenon, and scholars are divided about its permissibility.
• There are scholars who have studied cryptocurrency and block-chain technology.
• There are many types of cryptocurrencies and not all of them work in exactly the same way. Before
investing in a particular crytocoin, you should check if it is Shariah-compliant – check that it is a
legitimate coin, and it does not involve gambling, etc.
• Seek advice and guidelines from a scholar you have confidence in.
• Shaykh Abdul Aziz Suraqah is of the opinion that crypto currencies are halal, with some
caveats (see Ask the Imam on 10 March, 2022).
• Cryptocurrency is treated like any other currency in terms of Zakat. It is a medium of exchange or a
store of value that is recognized.
• What would be haram is using cryptocurrency to purchase haram items, or if you’re mining it in a
haram way, or you’re selling it in a haram way etc. So if cryptocurrency is used in a haram way, that
would be haram, not the essence of cryptocurrency itself, and the same is true for regular money.
• To determine the value of your cryptocurrency, convert it to your local currency and add
that amount to your Zakatable assets.
Business Inventory
If you run a business, your inventory is one of two types:
• 1) Inventory that was previously for sale but is not unable to be sold (called ‘dead stock’
or ‘obsolete inventory.’)
• 2) Inventory that is for sale or under contract.
• For ‘dead stock’ you treat it just like illiquid assets.

• For other inventory that is still up for sale, you pay Zakat on the value of that inventory.
• If the inventory is under contract, you have essentially sold it, and you count the money
earned from the contract as ‘Accounts Receivable’. When the receivables from those
sales come in, the cash value is added to your assets when you calculate Zakat.
• Important note: If you are in retail sales, use the retail value, and if you are a wholesaler,
use the wholesale price.
Business Inventory Example
• Khalid owns a medical supplies company. He has a storage unit that holds
5000 tourniquets. 3500 of those tourniquets are under contract to all local
EMS facilities. They train with them and use them, and come and pick up
the tourniquets at different times and pay quarterly. The remaining 1500
tourniquets are for one-off sales and walk-in and online orders. Each
tourniquet sells for 40 dollars (retail price.)
• Accounts receivable from the 3500 tourniquets under contract: These are like ‘good
debt’, and Khalid will add them to his assets when calculating Zakat (and pay 2.5% of
it,) even if he has not physically received the payment for it yet.
• 1500 x $40 makes an aggregate value of $60,000. Khalid will add this when
calculating Zakat (and pay 2.5% of it.) This is included in the Zakat calculation
regardless of how many were sold.
A single recurring Hawl is sufficient for
multiple different sources of Zakatable assets
• Once your Zakatable wealth (excluding deductible liabilities) is above the nisab,
then at the end of the Hawl, total up all your Zakatable assets, regardless of how
long you have had them. As long as the Zakatble assets you have at the end of the
Hawl are above the nisab amount, when you actually obtained the various
different assets makes no difference. So Zakat can be paid on Zakatable assets
even if they have not yet been owned for a full Hawl.
• Owing Zakat is about the wealth being above the nisab for a Hawl - it is not necessary to have
owned every asset for duration of a Hawl, provided your total Zakatable wealth was above
the nisab for the duration of the Hawl.
• Example: Umar has been above the nisab for the duration of the hawl, but 2 days before his
Zakat payment was due, he made a profit of $7,000. Even though he has only had it for 2 days
before the Zakat payment, he still adds it to his Zakat calculation when making his Zakat
payment 2 days later.
6.4) Fiqh of Zakat: Example
Calculation, Zakat al-Fitr & Zakat
Recipients
21/10/2022
Learning Objectives
• 1) Putting this all together – a mock-up Zakat calculation sheet
• 2) Zakat al-Fitr
• 3) The eight recipients of Zakat & those who cannot receive Zakat
• 4) Inner and outer etiquettes of paying Zakat
• Inner etiquettes = one’s heart
• Outer etiquettes = one’s actions
Zakat Calculator
• Many Zakat calculators use the Shafi’i silver nisab as their basis. Check
whether the nisab is pegged to gold or silver. Some give you the option to
choose.
• Many Zakat calculators advise for you to use the silver nisab, as since it is lower, it
brings greater benefit to the Zakat receipts, as it means more people are eligible to
pay Zakat.
• Note that some Zakat calculators factor in things that give a larger Zakat
amount, even though it is not necessary for your Zakat calculation, and you
do not own that wealth yet e.g. expected tax return, or pro-rated salary
that you’ve already earned but haven’t been paid yet.
• You can work out your Zakat calculation manually, you do not need to use
an online Zakat calculator.
Zakat Calculation
2.5% Zakat on
Zakatable Assets – Deductible liabilities =
Total
• Cash, salary & income • Expenses • If deducting
• Money owed to you (that you • Bills and payments liabilities and
are confident will be repaid) • Debts that will be fully paid within the expenses from
• Gold & Silver upcoming (lunar) year Zakatable assets
• Shares • Up to a (lunar) year’s worth of upcoming results in a value
• Investments payments due on the non-interest which is above the
• Rent from tenants portion of on any long-term debts (e.g. Nisab, then one
• Retirement funds (pensions) mortgage.) (This is not recommended must pay 2.5% of
• Business assets (stock) unless one fears that paying the Zakat that as Zakat (at the
• Money from sold commodities will render them unable to repay debts in end of the
• Cryptocurrency assets a timely fashion.) Hawl/lunar year)
• Government benefits • Arrears and/or overdue payment
Zakat is only due on the Zakatable wealth you own at the time of Zakat payment (end of Hawl.) So if you earned $7,000 over
the Hawl, but spent $2,000 in expenses and payment, and thus you only had $5,000 at the end of the Hawl, then you only
pay Zakat on that $5,000.
Cash
Cash on hand (house, wallet, under bed, etc.) $5,000
Checking account(s) $10,000
Savings account(s) $9,000
Current price of silver possessions $1,000
Current price of gold possessions $500
Refundable deposits (e.g. on a rental, down payment for Hajj) $250
Good debt (money you’ve loaned to others that you can easily retrieve) $1,000
TOTAL $21,750
Investments
Net value of business inventory and accounts receivable $15,000
Aggregate value of rental income (excluded if already considered in $0
cash/checking account/savings account)
CRI Zakat liable amount on shares (or aggregate value of shares) $5,500
Zakat liable dividend amount $50
Post-tax 401k/IRA distributions (if applicable) $100,000
Aggregate value of all cryptocurrencies $6,000
Sale price of artwork/antiques/collectibles sold this year $8000
TOTAL $134,550
Expenses & Liabilities
Monthly mortgage or rental payment $1,800
Utilities $700
Transportation, fuel $400
Home/renters insurance $150
Auto insurance $120
Medical insurance $1,800
Property tax payment $2,000
Miscellaneous fees/fines $100
TOTAL $7,070
• You must remove any interest acquired from your Zakat calculation, and also dispose of it.
• Rent, mortgage, utilities, etc. are debts you owed; that is why they are deducted from the amount owed for Zakat
• Deductible liabilities includes any unpaid expenses/bills prior to the day the Zakat payment is due, and any bills
that is due to be paid in the same month that the Zakat payment is due.
• e.g. If your Zakat payment is due on the 15th April, and you have a bill that will be debited from your account on the 25th
April then this bill is a deductible liability. But next month’s water bill or rent would NOT be deductible.
Putting it all together
Cash total $21,750
Investments total $134,550
Expenses and liabilities total (deducted from Zakat) - $7,070
Total Zakatable income (with expenses and liabilities deducted) $149,230
TOTAL ZAKAT OWED 0.025 x $149,230
(2.5% of total Zakatable income, excluding expenses & liabilities) = $3,730.75
Zakat al-Fitr
• Zakat al-Fitr or Sadaqat al-Fitr is a donation that goes towards the poor, made for the occasion of Eid al-
Fitr at the end of the month of Ramadan (1st Shawaal.) The purpose of Zakat al-Fitr is to wipe away the
sins that we have incurred during the month of Ramadan, such as saying or doing things we should not
have. It is also a means of bringing happiness and joy to the poor who also want to be happy on the day of
Eid.
• It is a requirement of every Muslim, adult and child, as long as they have the means to pay. The head of
the family may pay the required amount on behalf of the other members.
• It should be paid with the intention of Zakat of al-Fitr.
• It should be paid during Ramadan before the month ends, and before the Eid al-Fitr prayer at the very
latest.
• Paying Zakat al-Fitr becomes obligatory from sunset on the last day of fasting until the beginning of Eid prayer (i.e.
shortly after sunrise on the following day,) but it can be paid earlier than this (e.g. a few days before Eid.) Paying it
earlier means that it has a better chance of reaching the recipients by Eid.
• If one forgets or fails to pay this Sadaqa prior to going out to the Eid prayer, then one should pay it as soon as possible.
• It is not sinful to delay paying Sadaqat al-Fitr until after the Eid prayer, but it is improper and somewhat disliked (makruh
tanzih) to do so.
Zakat al-Fitr
• The recipients of Zakat al-Fitr must be the same recipients eligible for Zakat
al-Mal.
• The recipients of Zakat must meet certain conditions (discussed later.)
• The quantity for Zakat al-Fitr is measured as one saa’ (2.2kg) of food. One
saa’ is equivalent to four madd. A madd is the amount that can be scooped
up when one puts their hands together. Translating this into a monetary
value based on the price of staple foods such as flour, barely or rice, it is
approximately $12 USD per person (at time of writing.)
• In the Hanafi school, it is valid to pay Zakat al-Fitr in the monetary value of a saa’,
instead of the actual food items. And although this view is unique to the Hanafi
school, because of the general difficulty of distributing food in modern times, the
fuqaha of many of the other schools have adopted this view.
Recipients of Zakat
“Charities [zakat] are for the poor, and the destitute, and those who
administer them, and for reconciling hearts, and for freeing slaves, and
for those in debt, and in the path of God, and for the traveler in need—
an obligation from God. God is All-Knowing, Most Wise.” [9:60]
• Anyone who falls outside of these 8 categories are not eligible to

receive Zakat.
Those ineligible to receive Zakat
• 1) The rich
• Those who have more than what they need
• The Prophet (SAW) said: “Zakat is not permissible for the rich, the able-bodied, and capable.” (Abu Dawud)
• 2) The able-bodied worker
• Employment opportunities should be present
• The employment is halal
• They are capable of doing it without undue hardship
• It provides enough for their basic needs and that of their dependents
• 3) Family members
• There is a consensus (ijma’) that it is not allowed to pay Zakat to a family member for whom you are already
Islamically responsible for (e.g. wife, children).
• No zakat for parents – one would be responsible for them if they were in need.
• A wife can give her zakat to her poor husband as she is not financially responsible for him.
• Any family member for whom you are not Islamically responsible for, you may give zakat to them (that
includes a son who has reached adulthood)
Those ineligible to receive Zakat
• 4) The Family of the Prophet Muhammad (SAW)
• This means the Hashimite (i.e. the Banu Hashim.) Allah (SWT) has kept them
from taking Zakat for the sake of their dignity. Their poor are to be cared for
from the Bayt al-Mal and the khums.
• 5) Non-Muslims (unless from “those whose hearts are to be
reconciled” among the eight categories in Sura al-Tawba).
• Those whose hearts are to be reconciled are explained in the category of
those eligible to receive Zakat
• 6) Foster children
Those eligible to receive Zakat
• 1) Fuqara (the poor)
• The poor are those who do not possess the sustenance of a year. This is a broad category, so
a faqir can possess the nisab and pay Zakat while still receiving Zakat.
• 2) Masakin (the destitute)
• The destitute are those who do not possess much of anything – they are more deserving of
Zakat than the poor, as they do not have much of anything.
The general principle is: Any person who does not find sufficient means to live (for
themself and their dependents) may be given Zakat, regardless of other forms of
wealth they may possess.
• Even if someone falls under hard times temporarily, they may receive Zakat. If they owned,
for example, an antique car, they would not be required to sell that car or other possessions
in order to receive Zakat.
• 3) al-’Amilin ‘alayha (those collecting Zakat)
• This removes temptation to steal from Zakat money they collect.
• This could be given to someone employed by an organization of government to
oversee the collection and distribution of Zakat, but they must be mature,
trustworthy Muslims who know the basic fiqh of Zakat or have resources to get
answers about the fiqh of Zakat when needed.
• Masjids who collect and disburse Zakat must be cautious and prevent conflicts of
interest or from using funds for Masjid projects (rather than going to eligible Zakat
recipients.) Transparency and accountability are key.
• Many scholars list other conditions of Zakat collectors, in other to prevent abuse:
• 1) The collector should be from the category of the poor looking for work
• 2) They cannot accept personal gifts from those from whom they collect Zakat
• 3) No more than ⅛ (one-eighth) of Zakat funds collected that year should go to paying
collectors.
• 4) al-Mu’allafa qulubuhum (those whose hearts are to be reconciled to Islam)
• In the time of the Prophet (SAW), al-Mu’allafa were people who were new Muslims or those
who were close to accepting Islam, and the money was given to them in order to solidify and
strengthen their conviction about Islam, bind them to the Muslim community by providing
financial support, and show the generosity of Muslims.
• In our times, the primary recipients Zakat of this category would be new Muslims, as many of
them experience financial difficulties (due to being kicked out of home, losing their job etc.)
• Preservation of Islam is the main objective of Islamic law, and that applies to born Muslims,
new Muslims, and non-Muslims who are close to, or possibly, accepting Islam.
• 5) fil-Riqab (manumission)
• To free slaves, free people from human-trafficking, etc.
• Slavery still exists in our times under different names and definitions.
• 6) al-Gharimin (those in debt)
• Debts of those living paycheck to paycheck, credit card debt, medical bills,
utilities etc.
• Some conditions must be met:
• They lack sufficient funds for paying the debt(s.)
• The debt was incurred for permissible ends (NOT debts due to gambling, for example).
• Debt is currently due (not a future debt.)
• If a masjid is collecting Zakat and they are verifying who receives it, they can
pay Zakat to an individual by paying off a bill (e.g. rent, overdue medical bill,
etc.) and the masjid can verify the individual is eligible for Zakat by requesting
the notice for the bill, and paying it on behalf of the individual in debt, instead
of giving the money to the individual directly.
• 7) Fi Sabilillah (those in the path of Allah [SWT]) • Imam al-Sawi says in his Hashiya: “If they [rulers]
• The primary meaning of “fi sabilillah” in a legal prevent them [scholars] from their right of the Bayt
context is Jihad, or martial struggle. al-Mal, it is permissible for them to take Zakat no
• Such people must be non-conscripted soldiers, matter what, whether poor or rich; in fact, they have
fighting under a legitimate Muslim ruler, and have no even more right that the aforementioned categories.”
salary or stipend of their own. (These do not exist in
• Traditionally, scholars have to be independent and focus
our times.)
their time on researching, writing, educating, giving
• The Zakat money is used for both fighters and fatwas, and passing on knowledge to the next generation
military costs (equipment, armor, etc.) of scholars, etc. In a society that has a large body of
• Some modern scholars have expanded the scope of scholars, when real grounded Islamic knowledge saturates
“in the path of Allah” to include any means to a place, it fulfils once of the great objectives of Islam
establish Islam (da’wa, education, schools, etc.) which is the preservation of Deen, and assisting the
There is a basis for this in the classical fiqh tradition, people in knowing halal from haram, and guiding them to
but the modern conception makes it open for abuse. Allah (SWT.) So if there is no Bayt al-Mal assisting them,
• When giving Zakat, make sure that it’s going to the scholars can receive Zakat because they are fulfilling
PEOPLE and not THINGS. For example, you do NOT this function of calling others to Allah (SWT.)
want your Zakat money to be used for audio • So even if Zakat is used for those who are not performing
equipment that is used for a class recording of a physical jihad, such as those who are spreading Islam, it is
da’wa effort that is calling others to Allah (SWT.) important that the money is going towards people and
not things.
• 8) Ibn al-Sabil (the wayfarer)
• The wayfarer is a traveler who left his land and does not have access to
enough money to get back home.
• A person who is out of cash. But if they have a credit card or other means of
money, they are not eligible, because that gives them a means to get back
home.
• The purpose of their travel must NOT have been for something sinful.
• A traveler who lost their wealth doing something sinful, or whose purpose of travel
during which they lost their wealth was sinful, can be helped with sadaqa money, but
NOT Zakat money.
Distribution
• The distribution of funds is at the discretion of the Leader/Sultan, but this does not apply in our
times.
• There is no clear-cut guideline for which recipients get how much Zakat, and about the
distribution of Zakat money across the eight categories of eligible recipients. However, the
destitute and poor have more right than the rest.
• Those who have the most needs and the direst should be given precedence.
• For the other categories, they should be given dictated by need and social benefit.
• While it is valid to pay Zakat recipients cash directly, it is also valid, and at times advisable (e.g. for
one working on the behest of a masjid), for Zakat money to be used to pay creditors of the Zakat
recipients, or to pay for services the Zakat recipients need.
• Zakat recipients can be requested to provide their bills/receipts to verify that they are in need of financial
assistance. (Unfortunately, not everyone is honest about their financial situation, so that is why this method
may be more appropriate than direct cash in some situations.)
• For example, the one who is in debt (eligible Zakat recipient) can provide the invoices for their unpaid bills,
and the Zakat money can be used to pay off those bills. The Zakat money could also be used to buy groceries
for a Zakat recipient.
Local Distribution vs Abroad
• Sending your zakat elsewhere is generally disliked. A wisdom of collecting
and paying locally is knowing the people and their needs.
• The ideal is to distribute the Zakat locally, but this requires knowing the condition of
the people in your community to determine who is eligible to receive Zakat.
• However, the scholars mention that it is not disliked to send your zakat
elsewhere if it is to a relative, to someone in greater need, to someone
more pious, to someone who is of greater benefit to the Muslims (e.g. by
teaching), or a student of knowledge, or the like.
• Muslims who have been affected by a natural disaster or warfare could be in greater
need of (immediate) support than people in your local community.
• Ibn `Abidin said, “The best of charity [and zakat] is that which fulfils the
greatest need, or is a means to the greatest benefit.”
Dimensions of Zakat
Zakat is an act of worship and commandant from Allah (SWT), and thus it requires us to have certain
internal qualities and etiquette. Imam al-Ghazali mentions five things in connection with Zakat:
• 1) Good intention
• Without good intention, we have paid the Zakat, lifting the obligation, but without the reward of the action.
• 2) Giving without delay and to give at blessed times
• This is why many like to give it in Ramadan.
• 3) Giving secretly
• 4) Giving publicly if one is followed by others (as encouragement)
• But if you do this, you do not want to do it in a way that embarrasses the Zakat recipient.
• 5) To not spoil the Zakat with entitled behavior or reminders of one’s favor
• Whoever receives the Zakat is doing you a favour, as it is purifying the rest of your money, such that you have
barakah and it is not leading to your destruction.
• Anyone who gives Zakat thinking they have a favour over the recipient, such that they can demand the
recipient does something for them because of it, is reprehensible.
7.0) Fiqh of Hajj: The Obligation
of Hajj & Obligatory requirements
for Hajj
4/11/2022
Fard ‘Ayn of Hajj
• It is only Fard ‘Ayn to know how to perform Hajj when it becomes and
obligation on someone. Before that, the only obligation is to know
when it becomes obligatory.
• After Hajj becomes obligatory on a person, or they intend to perform
it, it is Fard ‘Ayn on them to learn the rites.
• Thus, this course does not cover information pertaining to the rites of
Hajj, but only when Hajj becomes obligatory on a person, and the
obligatory requirements for a person to perform the Hajj.
Conditions for Hajj
• Hajj is obligatory on one who is (1) Muslim, (2) at age of maturity, and
(3) sane.
• The only condition is ‘ability’ (istita’a), which has three conditions:
• 1) Aman — security/safety for one’s route to Hajj, and the dependents left
behind.
• 2) Zad — the sustenance that will deliver one to Mecca for the rites (and the
journey back home.)
• This also includes having enough savings left behind for our loved ones while on the
journey.
• 3) Sihha — the physical ability to travel.
When is Hajj Obligatory
• In the Maliki school, for those who fulfil the • In the Hanafi school, “it is obligatory for one to
pre-conditions, “the obligation is ‘expansive’ perform Hajj as soon as one is able. It is
(muwassa’) until the age of sixty. After the obligatory on one who is Muslim, legally
age of sixty, delaying it becomes sinful. This is responsible, and able — at the time when the
because the Prophet (SAW) said, ‘The people of his locality leave for the Hajj — to
majority age of my nation will be from sixty to afford provisions and transportation for the
seventy.’ In addition, if one has certainty that journey and other expenses, for both going and
their ability will be cut short, delaying Hajj is returning (in excess) of expenses for one’s
sinful.” (Kafrawi, Sharh al-Risala) dependents (until his return.)” (Maraqi al-Falah)
• If a person fulfils the conditions for making Hajj, • Basically, once you have all the necessary things to
but they delay it till they are in their 40s and 50s, go for Hajj, then you should go as soon as possible.
then this is not advisable, but it is not sinful. But
past the age of 60, it becomes sinful.
• If you know in advance that you may lose the
ability to go for Hajj (e.g. due to a loss of wealth
or a health condition,) and you already meet the
conditions to go for Hajj, then it is sinful to delay
performing it
Obligatory requirements for Hajj
In the Hanafi school, the obligatory requirements for Hajj are:
• 1) Sound, healthy body, free of disease or condition that would impede
one’s ability to travel.
• 2) Prevention of any physical barrier on the journey to Mecca.
• 3) Safety of passage.
• 4) For a woman to not be on her ‘idda (waiting period), and to be
accompanied by her husband or unmarriageable male relative (mahram).
• If a women does not have a husband or mahram to go with her, then she is not
obligated to go for Hajj.
8.1.1) Fiqh of Family: Marriage –
Meaning, Wisdoms, Legal Rulings
4/11/2022
Module 8: Family Law
• 8.1) Marriage
• 8.2) Divorce
• 8.3) Rights of Children
• 8.4) Rights of Parents
• 8.5) Family ties
What will and will not be covered regarding Marriage
What will be covered: What will NOT be covered:
• Conditions • Spouse vetting
• Impediments • Pre-marriage red flags
• Contract • Getting to know potential spouse
• Mahr • Gender dynamics
• Rights & responsibilities • Causes of discord
• Initiation of marriage • Counselling
• Conflict resolution (briefly) • Love and romance
• Hypergamy (briefly) • Honeymoon
• Strengthening marital bonds
• In-law issues
• Etc…
Legal Maxim I
‫األصل في األشياء اإلباحة‬ • From the worldly matters,
everything is halal unless there
“The default of things is permissibility.” is a ruling which says otherwise.
• Example: you know it is halal for
you to wear a blue jacket or use
Allah (SWT) says in the Qur’an: a yellow tablecloth, because
‫يعا‬ ِ‫ض ج‬
‫م‬ ِ ‫َر‬ ‫ٱْل‬
ْ ‫ى‬‫ف‬ِ ‫ُ َ َّٱلِذى خَلق َل ُكم َّما‬
َ َ
there is not no Shari ruling which
ً َ ْ َُ says these things are
“It is He who created all things in the earth for you…” [2:29] impermissible.
• Example: if you go to the
supermarket and you see 50
َّ ‫َخرج ِل ِعب ِادِه ۦ و‬
ِ ‫ٱلطِيَبـٰ ِت ِم َن‬
‫ٱلرْز ِق‬ ْ ‫أ‬ ‫ى‬‫ت‬ِ‫ٱّللِ َّٱل‬
َّ ‫ُق ْل َم ْن َح َّرَم ِز َين َة‬ different vegetables and 20
َ َ ََ different fruits, you are allowed
“Say, ‘Who may prohibit the adornment of Allah that He to have any of them – they are
all halal.
brought forth for His servants, and the wholesome
provision?’” [7:32] • However, there is an exception
to this legal maxim…
Legal Maxim II
ِ ‫الن‬
‫فس‬ ُّ ‫ضاع و‬
َّ ‫ و‬...‫الل ُح َ ِم‬ ِ ‫اْلب‬ ْ ‫اْلص ُل في‬
ْ ‫و‬ • Everything of the world is halal
‫عص َ ِم‬ ‫م‬ ‫ل‬
ْ ِ ‫ال‬
‫ل‬ ِ َ ‫واْلم‬ (permissible) by default, except for a few
ُ َ َْ things which are haram (impermissible) by
‫داك‬ ُ ‫م‬‫ه‬ ‫ف‬
ْ ‫ا‬‫ف‬ ... ‫ل‬ ُّ ِ ‫تَحريمها حتَّى ي ِجيء‬
‫الح‬
َ َ َْ َ َ َ ُ ْ
default:
‫ ما ُي َم ُّل‬،ُ‫هللا‬ • Meat
• Property and lives of other people
“The default rule concerning meat and sex, • Sexual intercourse
And (human) lives and wealth of those the
• These things are assumed to be haram
Law respects,
until there is evidence or means that make
Is prohibition till they're proved to be
it halal.
Lawful, so may Allah guide you and me.”
• For example, the property of another person
– from a poem by Shaykh Abd ar-Rahman may become halal if you acquire it through
ibn as-Sa'di trade or they gift it to you. Marriage makes
sexual intercourse with one’s spouse halal.
What is nikah?
• Linguistically, nikah means sexual cohabitation. This meaning is
expressed in the Qur’an:
‫طَّلَقها َف ََل تَ ِح ُّل َل ُه ۥ ِمن َب ْع ُد حتَّ ٰى تَن ِك َح َزوجا َغ ْيره ۥ‬
َ ‫ن‬ ِ‫َف‬
‫إ‬
َُ ً ْ َ َ
“But if a man divorces his wife a third time, she is not halal for him until
she has cohabited with (tankiha) another husband” [2:230]
• (This is important because if a woman marries another husband, but it has
not been consummated, then there is a different ruling. This is specifically
about a marriage that has been consummated.)
• As a legal term, nikah is “a contract legalizing reciprocal gratification
between a man and a women who are not prevented from union due
to a legal impediment.” (Ibn Rassa’, Sharh Hudud Ibn ‘Arafa)
Definition of Nikkah
• 1) Contract – proposal and acceptance
• Proposal and acceptance can be verbal or written, according to terms which both sides dictate and agree to.
• 2) Legalizing reciprocal gratification – sexual, sensorial, etc.
• The term “reciprocal gratification” is used instead of “sexual intercourse” because marriage also legalizes
other forms of sensual enjoyment between spouses.
• 3) Between a man and a woman – excludes same gender marriage, etc.
• 4) Who are not prevented from union due to a legal impediment. There are several categories of
people with whom it is haram to marry:
• A) Permanent: Unmarriageable kin (Muharramat)
• B) Temporary: Women in ‘Idda period, etc.
• C) Non-Muslim Man for a Muslim woman
• D) Non-Kitabi woman (i.e. woman who is neither a Muslim, nor a Christian or nor a Jew) for a Muslim man
• E) Temporary marriage (Mut’a) – this is something which used to exist in the early days of Islam but was
abrogated and prohibited.
Basis of Marriage
• The bonds of marriage were • Marriage is one of the ‘signs of God’ in
established in Janna (with creation:
Adam [AS] and Hawa,) and it
‫َنف ِس ُك ْم أ َْزَٰو ًًۭجا‬
‫أ‬ ‫ن‬ ‫م‬
ُ ْ ُ َ َ ِْ ‫م‬‫ك‬ ‫ل‬
َ ‫ق‬ ‫ل‬
َ‫خ‬ ‫َن‬ ‫أ‬ ‫ۦ‬ ‫ه‬ِ ِ
‫ت‬ٰ‫َو ِم ْن َء َايـ‬
endures in the Dunya and will
endure in Janna: ‫ِلتَ ْس ُكُن َا ِإَل ْي َها َو َج َع َل َب ْيَن ُكم َّمَ ََّد ًًۭة َوَر ْح َم ًة ۚ ِإ َّن ِفى‬
‫نت َوَزْو ُج َك ٱْل َجَّن َة‬ َ َ‫ٱس ُك ْن أ‬
ْ ُ ‫م‬‫اد‬
َ ‫ـ‬
َٰ‫ي‬
َ ‫ا‬ ‫ن‬
َ ‫ل‬
ْ‫ق‬ُ‫و‬َ ‫َٰذِل َك َلـَ َايـٰت ِلَق ْ َم َيتََف َّك ُرو َن‬
‫َوُك ََل ِم ْن َها َرَغ ًدا َح ْي ُث ِش ْئتُ َما‬
“And from His signs is that He created for
“We said, ‘O Adam, dwell, you you, from yourselves, spouses to find
and your wife, in the Garden and repose in them, and He placed affection
eat freely thereof, wheresoever and mercy between you. Indeed in that
you will…’” [2:35] are signs for people who reflect.” [30:21]
The ruling of marriage
Is marriage… • Only a very small minority of scholars say marriage
• Obligatory (wajib) is wajib.
• Unlawful (haram) • Most scholars say marriage is recommended
(mandub) or sunna mu'akkada (a highly
• Recommended emphasised sunna)
(mustahabb) • Although there is a verse of the Qur’an that commands
• Neutral (mubah) marriage, not every command in the Qur’an is for
obligation. Sometimes the command is for permitting.
• Disliked (makruh) Especially when you have other evidences which point
????? to it being recommended but not obligatory.
• The default is that marriage is recommended for those
who fulfil the conditions.
For whom marriage is recommended
• The default ruling on marriage is that it is recommended
• The Hanafi school says marriage is a ‘highly emphasized Sunna’ and that one
is sinful if they are capable, of a balanced temperament, and leave it.
• But this ‘default ruling’ applies to a person who
• 1) Is of a balanced temperament – this means their sexual desires are normal
for their age. Their sexual desires are neither excessive, nor are they asexual.
• 2) Desires marriage
• 3) Is able to restrain themselves sexually (‘ifaf)
• 4) Is not afraid of falling into fornication
For whom marriage is obligatory
• One who desires marriage, is afraid of falling into fornication, for whom fasting does
not sufficiently weaken their sexual desires.
• It is obligatory on this person to marry, even if it leads them to earn unlawful income,
and even if he does not have sufficient income. In this case, he must inform his wife to
be of this predicament before marrying her.
• The basis for this is the principle of the lesser of two evils – and the evil of fornication is
worse than the evil of unlawful income.
• Such a person is in a difficult position: either they avoid fornication by marrying but earn haram
income, or they avoid haram income while fornicating. But in such a situation, marrying to avoid
fornication is preferred over earning the haram income. This ruling highlights the severity of zina
and the importance of facilitating marriage. Ideally, this situation is avoided altogether by marrying
and earning a halal income.
• Unlawful income could mean, for example, a person working at a place which sells haram products.
• However, income derived from usury would be impermissible in this case, as usury is greater sin
than fornication.
For whom marriage is unlawful
• One who desires marriage, and is not afraid of falling into fornication,
but if he marries, it is clear that it will bring harm to the wife.
• Harm here is defined as:
• 1) Inability to provide her dowry
• 2) Inability to provide the bare minimum of financial maintenance (and she
does not know of this before the marriage)
• If she knows this, and is fine with it, then that would be permissible.
• 3) Inability to sexually gratify her (and she does not know of this before the
marriage)
• If she knows this, and is fine with it, then that would be permissible.
• 4) Inability to provide financial maintenance except from unlawful earnings
For whom marriage is neutral
• One who does not have sexual desire (e.g. asexual)
• One who does not expect to have offspring (e.g., infertile, erectile disfunction,
elderly, etc.)
• This person has a choice to marry or remain unmarried.
• However, if they decide to marry, they must inform their potential spouse before
marriage of any condition they have (e.g. erectile disfunction) that prevents
sexual intercourse.
• If this person is infertile, some scholars say this is not a physical defect (and
infertility is not always certain) and therefore a person is not required to inform
their potential spouse about it before marriage. Others say infertility is something
like a defect, and since having children is one of the objectives of marriage, they
must inform their potential spouse about their infertility before marriage.
For whom marriage is disliked
• One who does not desire to get married and does not want offspring,
and who is afraid that if they get married it will prevent them from
recommended acts of devotion.
• They do not have or can control their sexual desire.
• An example would be someone who filled their time with lots of charitable
work, and they do lots of voluntary acts of worship (e.g. voluntary prayers and
voluntary fasts.)
• This applies equally to males and females.
Wanting children
• Wanting children is a conversation that should occur before marriage.
• It is the right of the husband to want to have children – and the wife
cannot say that she wants to marry but not have children, if he wants
children. If she does not want to have children, then she should not
agree to the marriage. Or she can relent and agree to have children.
Is anyone really protected from the
temptation of zina in our times?
• Rulings in the books of fiqh were, in general, written in the time of • if a person legitimately feels that if
an agrarian society, where the basic building blocks of civilisation they do not get married within a
were both intact and preserved by family units and society in period of time, they may succumb
general. Everything around people supported mortality. to temptation because it’s all
• This poses the question: In our times, can anyone truly say that around them, then they should get
they feel safe from the temptation of zina? married, and their parents should
facilitate their getting married.
• If people were honest with themselves, very few people, if any, could say
that they feel safe from the temptation of zina. And out of those who • In such a case, it would be selfish of
claim that they safe from the temptation of zina, if they were tested, few parents to look after their own
would pass the test. prestige and reputation in the
community by delaying their child’s
• It is easy to say you are safe from the temptation of zina if you are in an
marriage, because otherwise there
environment where you are preserved and protected from temptation
is a risk of the person getting
(e.g. there is gender segregation in a healthy way, you do not encounter
involved with haram activities. And
people dressed immodestly, immoral behaviour is not accessible in the
they may hide this from their
media and the palm of your hand [on smartphones.])
parents, or the parents may
• So…. does this mean that marriage becomes wajib for everyone? It discover it, and this causes them to
depends on their capacity to restrain their desires and be patient. regret delaying marriage.
Proposal, Suitability between Spouses
11/11/2022
Learning objectives
• The proposal and betrothal process
• The marriage contract – conditions and pillars
• The guardian
• The dowry
• The witnesses
• Conditions for the husband and wife
• Suitability between spouses
• Rights and responsibilities
• Discord/rebellion/recalcitrance/resolution
The Betrothal Process:
‘Proposal,’ the ‘Proposing,’ the ‘Proposed to’
• Because of the multiple objectives of Islam that are fulfilled through
marriage (such as protection of Deen, foundation for civilization,
strong family unit, furthering the human species), it is important that
both spouses have certain qualities that will hopefully ensure their
(future) stability and happiness.
• Once compatibility is determined and the man wants to seek
marriage, he should propose.
• It is allowed for a woman to propose as well, but this is rare. The norm is that
the man should propose.
Making a Proposal
• It is recommended to make the proposal secret (meaning, among the
families involved), and not public, to guard against envious people or those
who want to prevent it.
• The proposal should ideally BEGIN with approaching the father/guardian
first. Or with modesty and adab, the man can ask the woman if she is
engaged or married (or get another woman to do so.) If she is engaged or
married, then he cannot propose to her. But if she is not, he can then let
her know that he is interested in marrying her, and that if she is interested
in him, he will go and talk to her father. But if it is known that her culture
disapproves of this approach, it is better to approach her father directly to
avoid any conflict or bad impression.
• It is recommended to propose on a Friday after ‘Asr.
• This is a time associated with the acceptance of du’a.
Checking for attraction
• It is highly recommended for the man to look at his prospective bride
before marriage.
• In modern times, this is usually through photographs or a school or work setting.
Outside of these, it should be with the girl’s knowledge, or with her guardian’s
knowledge, and with reasonably certain she will say yes. (This means a man cannot
just randomly gawk at women in public and claim that he is doing so because he is
looking at potential future spouses.)
• This looking is limited to the face and hands, (NOT uncovered hair
pictures!)
• Looking at the face is for seeing her beauty.
• Looking at the hands is for seeing her general body shape.
Checking for attraction
• It is NOT permitted in this process for him to spend time alone with her (khalwa) with the claim of
“getting to know her,” as she is still unmarried to him at this time.
• The time the two spend together should be supervised/chaperoned. This does not necessarily mean that people
need to be surrounding them at all times. Rather, there may be an initial discussion with both families, and then
the couple talk together on one side – not completely privately, within view of other family members.
• People should be cautious with communicating with a potential spouse via social media platforms. It is possible
to speak to someone on the phone with some measure of supervision, or to exchange texts or e-mails, but it
should only be done for the specific purpose of determining if there is chemistry and getting to know a potential
spouse in a halal manner and using proper language.
• Once the two have determined suitability and have decided to pursue marriage, communication
should be limited to the families, or only concerning the practical matters of wedding
arrangements, etc.
• Once the proposal has been accepted and the two are officially engaged, and both families are agreeable about
it, then the couple should not continue to communicate without necessity. Any further communication should
pertain to the arrangement of the wedding and other related matters. More interesting conversational topics
are to be discussed after the marriage.
• Prior to the marriage, the couple should not communicate with each other like they are already married, as this
increases their feelings for one another and could lead to the haram.
Religious commitment is the highest priority
• When looking for a spouse, it is recommended that the highest priority be the potential spouse’s
religious commitment.
• The Prophet (SAW) said, “If there comes to you with an offer of marriage one with whose religious
commitment and character you are pleased, then marry her to him. If you do not do so, there will
be mischief on earth and widespread corruption.” (Tirmidhi)
• This hadith is addressed to fathers of women who receive proposals, and it warns against unnecessarily
rejecting proposals, because it leads to corruption (i.e. falling into the haram.) Fathers should not make what
is halal (i.e. marriage) difficult, if the match is suitable.
• The Prophet (SAW) said, “A woman is married for four things: her wealth, her lineage, her beauty
and her religious commitment. Seek the one who is religiously-committed, may your hands be
rubbed with dust (i.e., may you prosper).”
• This does not mean you cannot marry someone with beauty, wealth and a good lineage – it just means the
highest priority should be their piety.
• Money comes and goes. A person could have a good lineage, but a terrible personality. Someone might have a
less prestigious lineage, but a much better character. Beauty fades but good character and Deen remains.
Deen enhances natural beauty, and natural beauty fades quicker for a person with bad character.
Prayer and seeking counsel for guidance
• It is recommended for both parties to perform the Istikhara prayer (can be done multiple times if
needed.)
• It is recommended for both sides to seek the counsel of virtuous people in the community who know
the families to advise them on suitability. In this circumstance, backbiting is permitted.
• Some people may know a person in ways that other people do not know them because of the type of relationship
they have with that person. It is good to talk to the family members, friends, colleagues etc. of the one who you are
interested in marrying. The nature of these interpersonal relationships may reflect on how the person will behave in a
marriage. What you may witness in a person’s family dynamic may be what they will end up doing in a marriage.
• The suitability of a couple depends on two people who make up the couple – they may or may not have religious
compatibility or compatible personalities.
• A person may have one or more ‘red flags’ (a major negative trait) that you know about from your personal
experience with them. It is permissible to mention these things to someone who asks you about the character of that
person, with the premise that they have (or someone they know has) an interest in potentially marrying that person.
You should just mention the facts about the person which are relevant to the one who is inquiring about them for the
purpose of a potential marriage – there is no need to make disparaging remarks about the person (as that might then
still be considered backbiting.) This exception to backbiting also applies to one who is warning someone considering
entering a business dealing with someone who they know has immoral business practices.
Chastity of a potential spouse
• It is recommended for the man to marry a virgin (due to the hadith of
Jabir).
• It is the right of either person to want to only marry a virgin. If one of
them had indiscretions (zina) in the past and the other says they only
want to marry a virgin, they cannot be forced to ‘confess’; however,
they should discreetly disqualify themselves and end the process if
they are not a virgin.
Qualities of the Husband
• 1) Rushd (mental capacity) — one who is mature and sane and
knows how to handle money.
• The opposite of having rushd is a safih, or dolt, who has no concept of costs
and spends foolishly/frivolously. Someone like this is not completely
disqualified from marrying, but they need to develop themselves before
marriage.
• 2) Compatibility – The husband should marry someone who is
compatible in qualities that the Shariah takes into consideration,
either equal to the would-be wife in those qualities, or higher than
her.
Hypergamy
• The purpose of marriage is to have a stable household in which to build a family. This
requires tranquility, love, and respect.
• Hypergamy is a fundamental, innate female drive, to seek men who are “better than
they are.”
• Hypergamy is a biological fact (hukm ‘adi).
• Hypergamy influences how women select mates as well how attraction and power
dynamics fluctuate in long term relationships.
• Female hypergamy is a woman’s tendency, or desire, to marry the best possible man that
she can find.
• Hypergamy is in the background of the fiqh discussion on compatibility and also
polygamy.
• For men who marry more than one wife, the social dynamics animating that is all hypergamy and
social status, such that the man is considered an attractive mate, so the women does not mind
being the second or third wife.
Compatibility (Kafa’a)
• Compatibility (Kafa’a) is the framework by which the guardian/father ensures the best possible
spouse for his daughter.
• In modern society, the marker of social status is largely financial — a man’s money and resources
signal higher status, resulting in attraction from women (that is not to say other factors are
considered important). But in many societies, there are other markers of social status besides
wealth.
• When Khadija (RA) married the Prophet (SAW), she was richer than him, but she was still marrying someone
better than her (even before the Prophet [SAW] became a prophet) because the money was not the only
marker of social status in that society – There was also lineage, and other factors.
• In the Maliki school, compatibility is primarily considered in Deen (i.e. religious compatibility.)
Other schools of thought list other qualities as well.
• The Qur’an says: “Indeed, the noblest of you in the sight of Allah is the most God-fearing.” [49:13]
• The Prophet (SAW) said, “If there comes to you with an offer of marriage one with whose religious
commitment and character you are pleased, then marry her to him.”
What is compatibility in Deen?
When the Maliki school considers compatibility in Deen, this means:
• The husband is religious and NOT a fasiq (one who openly commits major sins)
• For example, a fasiq is one who publicly drinks alcohol.
• A fasiq is openly/publicly committing major sins and their corruption is known. This very is different
from one who commits minor sins in private and repents from them.
• This does NOT necessarily mean the husband is more pious.
• There is a possibility that the wife is more righteous than the husband, but the starting point for
considering compatibility between the two is determining whether or not he is a fasiq.
• If the husband is a fasiq, he lacks the most basic compatibility for marriage.
• It is not fitting for the father/guardian or girl to be satisfied with a fasiq for marriage.
• If she is praying, but he is not, there is no kafa’a. If he is committing sins openly, there is no
kafa’a. If she is not praying and he is not praying, then in reality there is no kafa’a because
they both should be praying and he cannot be neglecting obvious worships like salat.
Other forms of compatibility
• All four schools agree on compatibility in Deen.
• The Hanafis and others include compatibility in:
• Lineage (because of shared cultural norms — not racism!)
• This is referring to very obvious differences in the cultures of the two people that may lead to the
breakdown of the marriage. But a someone may be of different cultural background, and not experience
these barriers, because of shared cultural experience.
• Profession (because of social-standing)
• Wealth (that is, a socio-economic bracket similar to or higher than what she was born into
and accustomed with)
• The expectation is that, when married, the woman will be in the same socio-economic bracket as the
one she grew up in, or in a higher socio-economic bracket. She should not be expected to marry
someone in a lower socio-economic bracket. If she choses to do so, then that is fine as it is her decision,
but she cannot be forced.
• Compatibility is with respect to the female, not the male. A male may marry
someone from a lower socioeconomic class or someone in the same class.
General points on compatibility
• No one may force a woman to ‘marry down,’ including her guardian.
• If a girl and her father/guardian are pleased to marry a man of a lower
socioeconomic status (non-kuf’u), it is permitted.
• In this case, even though the wife may be richer than the husband, the husband still
has to do his duty of providing her with the bare minimum requirements (shelter,
food and clothing.) She can use her own money outside of these things that he
provides her with.
• The marriage contract can NOT stipulate that because she is richer than him, that he
is not required to fulfil his financial obligation of taking care of her basic needs.
• If a girl wants to marry a man of a lower socioeconomic status (non-kufu’)
and her father/guardian refuses, it is not permitted for her to marry him.
Prerequisites, Pillars of Sound
Marriage, Contractual Details
18/11/2022
What is the next step after an accepted
proposal?
• Khalid was told about Layla. He was interested in marriage, so he
went to Abu Layla (Layla’s father) and spoke about his interest.
• The parents of both Khalid and Layla spoke and arranged for the two
to meet.
• Khalid and Layla got to know each other in a halal way. After they
both made istikhara, they agreed to set a date for marriage in the
future.
• The hall was rented, and the catering service has been hired…what
now?
Prerequisites of Marriage
• 1) Marriagability — Khalid and Layla are permissible for one another. They are
neither unmarriageable kin nor siblings through wet-nursing. Both are Muslim.
• Accurate record-keeping of wet-nursing must be done for this reason.
• 2) Consent — Abu Layla is arranging the marriage of his daughter Layla to Khalid,
but consummation of the marriage cannot happen without her consent.
• The actual nikkah contract is between the father of the bride and the groom.
• For a previously unmarried bride, silent is considered her consent for the marriage. For a
previously married bride, she would verbally express her consent.
• 3) The Wali — Abu Layla (Layla’s father) is Layla’s guardian. The wali must be
male, mature, and Muslim.
• A son cannot be a Wali for his mother if he is under the age of puberty, and a non-Muslim
cannot be a Wali for a Muslim woman.
• The main role of the Wali is to serve as a guardian – to protect his daughter. A young couple
who catch feelings for each other lose objectivity as their feelings cloud their judgment, and
the Wali is there to be rational.
Prerequisites of Marriage
• 4) Sadaq/Mahr — The bridal gift given to the wife. The amount is to be
agreed upon between both parties. Consummation of the marriage cannot
occur until the mahr is agreed upon. It can be paid over time, and can be a
tangible (money, car, etc.) or a non-tangible, such as teaching her a chapter
of the Qur’an.
• 5) Witnesses — the contract is not valid without witnesses according to
Imams Abu Hanifa, al-Shafi’i, and Ahmad. According to Imam Malik, the
contract is valid without witnesses, but cannot be consummated until there
are witnesses to attest that the marriage has been conducted (e.g. before
she moves in with him.)
• For the contract, there should be 2 male Muslim witnesses as a minimum, but there
can be more witnesses.
Father’s/Wali’s permission
• A woman cannot get married without the permission of her Wali.
• In a situation where the father is being unreasonable, or he is not religiously aware and placing
unreasonable demands, and/or she fears she will fall into the haram, then the situation is
resolved through intervention of the Qadi or a group of people in the community collectively
acting like a Qadi (in terms of executing certain Sharia rulings.)
• Side note: A common situation that a husband leaves, sometimes back to his home country, and he refuses to
pronounce the talaq and he refuses to grant her the khul’ (type of divorce in which the wife agrees to return
her Mahr in return for being released from the marriage, which can be done if there is a legitimate reason for
divorcing.) Thus, the wife can neither enjoy the benefits of marriage, nor the freedom of divorce and
opportunity to remarry. She might get a civil divorce in court, but from a Sharia perspective, she is not free. In
such a case, the Qadi can annul the marriage. In the absence of a Qadi, the learned people in the community
come together and act effectively as a Qadi, adjudicating on these issues with objectivity and transparency.
• The couple can NOT just run away together and elope. The Imam would stipulate the presence of
a Wali.
• The only exception may be if she was married before. A woman who has ben married before can represent
herself (and this is a Hanafi position.)
Pillars of Marriage: Proposal & Acceptance (ijab & qabul)
• The marriage is a contract of transfer of maintenance from the father to • This is valid in any language,
the groom. and in writing or the
• The nikkah is a contract of transferring the financial responsibility of a woman (and medium of any modern
her dependent children) from the Wali to the husband. technology (e.g. phone call,
• As long as a girl is unmarried, she is under the financial responsibility of her father. e-mail) provided that the
If her father is deceased, then the closest eligible male relative. identities of the individuals
• The father says, “I marry you to my daughter, so-and-so, in accordance with are known.
the Qur’an and Sunna, and upon the mahr agreed upon between us.” • In the scenario mentioned,
• There is no specific phrase which must be said, as long as what is said the father is the one who is
communicates proposal and acceptance, and it is NOT ambiguous, and understood actually proposing, and the
by those involved.
groom is accepting, but it
• If the girl is previously unmarried, and her father is electing to go through this does not matter if it
process, he will speak on her behalf, and traditionally, she does not actually have to
say anything – she is asked if she accepts the marriage, and if she remains silent,
happens the other way
then her silence is considered acceptance. (In today’s time, typically, the bride does round. In fact, a woman who
verbalize the acceptance, and this is also fine.) has been divorced or
widowed can make the
• The groom says, “I accept the marriage of your daughter, so-and-so, in
proposal and the groom can
accordance with the Qur’an and Sunna, and upon the mahr agreed upon
accept it.
between us.”
The Contract: Conditions of Effectiveness
• 1) Expression of proposal and acceptance in words that convey the meaning.
• It should not be ambiguous
• 2) That the proposal and acceptance are uttered and heard.

• The people present should hear the proposal and acceptance
• 3) No unreasonable delays between the proposal and acceptance.

• 4) That the soundness of both parties entering the contract be ascertained.
(Verified absence of disqualifiers)
• It needs to be checked that the bride and groom are both Muslim and that there is no
disqualifying factor that would make marriage between them haram. Also check that the
Wali and witnesses are present, and a Mahr has been agreed upon.
If these (among others) are in place, the contract is sound, but there may be other
things that affect the contract…
The Contract: Conditions of Validity
• 1) Those pertaining to the groom—fulfills the conditions (i.e. he is Muslim)
• 2) Those pertaining to the bride—fulfills the conditions (i.e. she is Muslim)
• 3) Those pertaining to the guardian—fulfills the conditions (i.e. mature male
Muslim relative of bride)
• 4) Absence of compulsion — bride cannot be compelled
• 5) Couple not in ihram for Hajj or ‘Umra
• 6) Absence of mortal illness (i.e. an illness you don’t expect to survive from)
• This prevents abuse of inheritance of the soon-to-be deceased person. Initiation of divorce
when a spouse is on their deathbed is not permitted for the same reason.
• 7) Witnesses
The Issue of Mut’a (Temporary Marriage) in
Modern Times
• There have been situations in which people would get married and not put in the marriage contract
(verbally or in writing) that they intend to divorce the spouse after a certain period of time. It is
basically marriage with the intention of divorce.
• Some people who would do this would be students coming to a Western country temporarily for their studies.
These men would marry women intending to divorce them once they were done with their studies, and then return
to their home country and marry someone else. And the women would not know about this before the marriage,
nor was it mentioned in the contract.
• While this still allows a marriage contract to be valid, it is a disgusting practice.
• While it is immoral for the man to do this, their marriage is still valid because all of the necessary components of
the contract where there.
• Unfortunately, it is not possible to measure one’s intention.
• Hypothetically, at the time of the contract, had the groom verbalised his intention of to divorce the
bride later, then she has the option of accepting or rejecting that condition. If she rejects it, then there
is no marriage, but if she accepts it, there is also no marriage as it invalidates the contract.
• If a person stipulates in the marriage contract that the marriage is temporary, then that contract is invalid and that
marriage cannot be conducted.
Three Types of Conditions regarding the Contract
• 1) Conditions that are • 2) Conditions that contradict what is • 3) Conditions that are
already implied in the implied in the contract by its very nature, neither implied in the
contract by its very nature: such as putting conditions in the contract contract nor
• Agreement to care for the that: contradicted by its very
wife financially (this is • She cannot live with him nature:
already implied in the • That he not get married
• She is not to be provided for
contract) to a second wife
• She is not to inherit from him
• Agreement not to harm her • That he not move her
• Agreement to clothe her • (In the Maliki school, these conditions to another country
• Agreement for her to live would invalidate the contract if mentioned
with him at the time of the contract, causing it to • There are details
be annulled before consummation. If they concerning these types
• The presence or absence of of conditions
were mentioned after the contract, either
these conditions are the • It is best to consult a
before or after the consummation [i.e. an
same—they do not change scholar if you plan to
attempt to retroactively modify the
the nature of the contract. add stipulations to your
contract], the marriage still stands, but the nikkah contract.
There is no harm if they are
conditions of this category are invalid and
articulated in the contract or
have no legal bearing.)
left out.
Adding Stipulations to the Contract: Tafwid al-
Talaq (the wife’s right to divorce)
• In the Maliki school adding conditions of the third category (i.e. • In the Hanafi school, conditions of the
conditions that are neither implied in the contract nor contradicted third category are valid provided that
by its very nature) to the contract is disliked (makruh) but does not the offer of marriage is initiated by
invalidate the contract. the woman coupled with the demand
• These conditions (of the third category) are not binding as a legal for tafwid al-talaq, and the man
obligation, but are recommended to be fulfilled by the spouse. accepts this. If the opposite takes
place, it will be void.
• So even though one may add stipulations to the contract, they are NOT
legally binding. It is recommended to fulfil the stipulations, but not required. • The woman must propose to the groom
for her to be able to add the stipulation
• The only time they would be binding conditions is if is enacted by a (e.g. that if the husband gets a second
solemn oath (yamin) and they are linked to divorce. In fiqh, this is wife, he swears by Allah [SWT] that he
called ‘tafwid al-talaq’. will grant her the right to seek divorce.)
If she is not the one proposing, she
• Example: the stipulation is that if the husband gets a second wife, he swears
cannot make any stipulation.
by Allah (SWT) that he will grant his first wife the right to seek divorce.
• NOTE that a wife cannot prohibit a man
• The husband has the right to divorce at any time (by talaq,) so tawif al-talaq
from marrying a second wife as that it
gives the wife the right to initiate the divorce (in the circumstance of the
his right, which is why the stipulation
stipulated conditions in the contact.)
states “IF he gets a second wife…”
Example of possible stipulation made to the contract
allowing Tafwid al-Talaq (the wife’s right to divorce)
• To guarantee implementation of the Qur’an’s command to tahkim • This may be put in a contract, and
[4:35] and combine it with other family guidelines encouraging the groom and bride may sign and
shuhud (witnesses) for talaq (divorce) or raj`ah (the husband designate their relative of choice for
taking his wife back), each party is encouraged to designate a this function.
trusted Muslim family, learned person or community member to • These conditions are to be made
serve these offices. binding on the groom, and by
• So in the event of a marital issue, the husband and wife have both writing them and signing them in
respectively selected people who they want to be involved in resolving
the matter.
the presence of witnesses, the
document aids in allowing the
• When either spouse seeks their assistance, these designated appropriate Islamic entities 5o
people should mediate to bring harmony between the couple, perform faskh (ratifying divorce.)
using tools of conflict resolution. If after studying the situation of • The groom grants the bride agency in
the spouses they agree there is neglect in rendering rights or pronouncing divorce herself, with the
transgression of rights, they may petition an imam to decree supervision of and written
separation by coerced tatliqa (divorce pronouncement.) endorsement by any imam or Islamic
scholar educated in Islamic Law.
• The collective of learned people/elders/Imams in a community can
effectively serve the role of a Qadi, as long as it is done properly.
Examples of stipulations one could potentially include in the
contract, which allow the wife to divorce (Tafwid al-Talaq)
• 1) If the husband refuses to provide the necessities of life for the wife for a period of X
months from the date of signing, or for any unforeseen period of X consecutive months
thereafter, regardless of the reasons, and it was the case that he cannot commit to it or
be obligated to it.
• 2) If the husband refuses his wife her conjugal rights for a period of four months without
valid excuse (such as travel or temporary illness.) Also, if the husband becomes
permanently incapable of such, and she desires chastity.
• 3) If the husband is diagnosed with a communicable chronic illness putting wife or
children at risk (e.g. HIV.)
• 4) If the husband loses some of his mental capacity via diagnosed dementia, Alzheimer’s,
insanity, etc.
• 5) If the husband is imprisoned for a period considered unbearable for the wife, at least X
months, or the couple are otherwise prevented from cohabitating.
Examples of stipulations one could potentially include in the
contract, which allow the wife to divorce (Tafwid al-Talaq)
• 6) Any type of negative addiction or illegal activity by the husband which makes family life difficult to
continue or unbearable for the wife or jeopardizing safety of herself and or children.
• 7) If the husband’s whereabouts remain unknown for a period of X months and upon reasonable
verification and notification [4:129] (reduced to 4 months if he was sole provider).
• There are situations in which a husband abandons the wife, refusing to divorce her or grant her the khul’, and he
cuts off communication with her. Since she is not divorced, she cannot remarry. So when the imam (or body of
imams) verifies this situation, they can annul the marriage.
• 8) If the husband prevents or hinders the wife from practicing her basic obligatory religious duties or if
he solicits her or children to do anything categorically forbidden in Islam by classical scholars despite
her protest.
• 9) If the husband leaves off the basic pillars of Islam, not establishing the prayer, giving zakat, fasting
Ramadan, and commitment to perform Hajj if he or wife have not done so previously and it is within
their ease and ability.
• If a spouse completely left Islam (by apostasy,) then the marriage is automatically annulled, and that person would
have to take shahada over again for the marriage contract between the spouses to be renewed.
Advisable to have contracts in written form
• The basis for all of our whether they are contracts of sale, contracts of
marriage, or contracts of loaning money is that our word (i.e.
verbalisation) is bond.
• So saying that you agree to something, means that you will fulfil it
• However, it is good to have contracts in writing, because even
through the verbal agreement is sufficient, people can forget or
dispute about what they initially agreed on, and conflict arises etc.
• Putting a contract in writing and signing it in the presence of
witnesses serves as the oath.
Having Taqwa simplifies matters, even if the
marriage does not work out
• Hasan Al-Basri said: “Marry your daughter to the one who fears Allah.
If he loves her, he will honor her. If he hates her, he will not oppress
her.”
• If the person you are marrying has enough taqwa, then even if the marriage
does not work out, they will still treat you with respect, and if you end up
divorcing, it is done in the best way possible in that difficult situation.
• If there is no taqwa, no amount of contracts and stipulations will
help.
Rights & Responsibilities of a
Husband and Wife
25/11/2022
Learning Objectives
• The Mahr
• Rights and Responsibilities
Giving of the Mahr
• Khalid was told about Layla. He was interested in marriage, so he went to Abu
Layla (Layla’s father) and spoke about his interest.
• The parents of both Khalid and Layla spoke and arranged for the two to meet.
• Khalid and Layla got to know each other in a halal way. After they both made
istikhara, they agreed to set a date for marriage in the future.
• The hall was rented, and the catering service has been hired.
• Khalid and Layla’s family came together with friends and relatives. Layla’s
father was there, and two witnesses. Khalid proposed and Layla accepted.
• Before the marriage, Khalid and Layla settled on the amount of Mahr she
would receive… so what should Khalid give Layla for the Mahr?
The Mahr
• The Mahr/Sadaq is “wealth that the wife deserves from her husband
when entering into a marriage contract with him…”
ۚ ‫ص ُدَقـِٰت ِه َّن ِن ْحَل ًًۭة‬ ‫ء‬ ‫ا‬

َ َ َ‫س‬ ِ ‫وءاتُ َا‬
‫ٱلن‬ ََ
“Give women their due dowries gracefully…” [4:4]
‫ين‬‫ن‬ِ ِ
‫ص‬ ‫ح‬‫م‬ُّ ‫م‬ ‫ك‬‫ل‬ِ ٰ
َ ‫َم‬
‫أ‬ ِ
‫ب‬ ‫ا‬
َ ‫غ‬‫ت‬‫ب‬‫ت‬ ‫َن‬
‫أ‬ ‫م‬ ‫ك‬‫ل‬ِ ٰ
‫ذ‬
َ ‫ء‬‫ا‬
‫ر‬ ‫و‬ ‫ا‬‫م‬َّ ‫م‬ ‫ك‬ ‫ل‬
َ ‫ل‬
َّ ِ
‫ُح‬‫َوأ‬
َ ْ ُ َ ْ ُ َ َْ ُْ َ َ َ ُ
“Lawful to you are all beyond these — as long as you seek them with
your wealth in a legal marriage…” [4:24]
Purpose of the Mahr
ۚ ‫يض ًًۭة‬‫ر‬ِ ‫ف‬
َ َّ
‫ن‬ ُ
‫ َر‬‫ُج‬
‫أ‬ َّ
‫ن‬ َُ ‫ات‬‫ـ‬
َ‫ف‬َ َّ
‫ن‬ ‫ه‬ ‫ن‬‫م‬ِ ‫ۦ‬ ِ ‫َفما ٱستمتعتم ِب‬
‫ه‬
َ َُ ُ ُ ُ ُْ ََُْْ ْ َ
“‘Give those you have consummated marriage with their due compensation.” [4:24]
• Imam al-Qurtubi: “The term ‘consummated’ means sexual enjoyment; ‘compensation’ means
dowries, as it is compensation for the right of sexual enjoyment…”
• Marriage is a contract where there is a proposal and acceptance between two parties in
return for the dowry.
• The Mahr is wajib. It is not allowed for the bride to opt out of receiving a mahr.
• The basis for the Mahr is what the two parties agree to.
• The couple should be in discussion about what the Mahr will be. It is up to her to decide
ultimately what it should be. She can mention an amount, and he either agrees to it, or does
no agree to it and suggests something else, which she may then agree to or not.
Mahr Amount
• There is nothing in the Shariah which puts a limit on what a woman may ask for as a
Mahr. There is consensus on this point.
• It is discouraged to ask for a very high amount.
• The bare minimum amount of Mahr is differed over. Some say it is a quarter of a dinar or
three pure silver dirhams or whatever item is equal in value.
• The current value of gold (at time of writing) is $57 USD per gram, making the minimum mahr
about $115 USD.
• It is recommended to be moderate with the Mahr. The mahr of the Prophet (SAW) was
around 500 dirhams (approximately $1000.)
• What is “moderate” is relative to a person’s socioeconomic status.
• The ideal is that the woman receives a good amount, but not so much that it makes the marriage
difficult, because the man needs to make purchases for them (e.g. their house, furniture, bills,
etc.) and his other basic needs which may also be aiding to sustaining the family (e.g. petrol for his
car used to travel to work.)
Rights and Responsibilities
• The marriage contract is an exchange/transaction. This transaction comes with rights and
responsibilities.
• There is a minimum threshold for rights and responsibilities to know, but ideally we
should go beyond the minimum.
• Sometimes people read the books of fiqh about family law, and look at the bare minimum
requirements as ideals, but in reality, we should be well above these minimum requirements.
• The minimum requirements are set such that if someone went below these minimum
requirements, your spouse would be entitled to take you in front of the Qadi (Islamic judge) and
demand that you fulfil the rights to your spouse.
• Marriage conflicts are seldom fixed by a bare minimum (i.e. “I’ll give you your rights and
you’ll give me mine.”)
• The classical books of fiqh on family law written in the pre-modern period ere written in a context
for the society at that time, which is very different from society in our times. And sometimes when
these are translated, people may apply that classical context to the present-day, but doing only
the bare minimum responsibilities mentioned in classical texts will not lead to happy marriage.
Rights shared between a husband and wife
Both and husband and wife have these rights and responsibilities towards each other:
• 1) Sexual access
• If one does not have sexual access to their spouse, then what is their purpose of being married? • The right of one
Marriage is to prevent both parties from committing illegal sexual conduct, and it allows them to party, that
produce offspring and increase the size of the ummah. means it is the
• 2) Mutual respect and good treatment responsibility of
the other party.
• Treating one’s spouse well is not a favour, it is a duty.
• The right of
• Marital fights and discord should be the rare exception, not the norm.
the wife is the
• 3) Receiving inheritance share when the spouse dies responsibility
of the
• 4) Keeping peace and respect with both sets of in-laws husband.
• This can be a touchy subject, as difficult cultures have different ways of relating to the in-laws • The right of
after marriage. Regardless, one should not denigrate, insult or fight with your spouse’s parents, husband is the
and vice versa. responsibility
of the wife.
• 5) Raising their children
• This is not the job of only the wife or only the husband. It is the job of BOTH the parents.
Sexual access
• Marriage legalises sextual intimacy between spouses in • The prohibited sexual
every time and manner that are not prohibited. activities are:
• This means the access is not limited to one time and not • Anal sex
another time, or one place and not another place, or one • Sex during menstruation or
particular mood but not another mood. post-natal bleeding
• Sexual access at any time outside of the prohibited • Sex while the wife is fasting
times and circumstances is a right of the husband. • Sex while in ihram or i’tikaf
• Sexual access is also the right of the wife. If a wife
complains to a Qadi about the husband not giving her
conjugal rights, it is said that the husband must, at a
minimum, have intercourse once every four days.
• Four days is because the maximum number of wives a man
can have is 4, so this allows each wife to get a turn.
Rights of the Husband
• 1) The sexual availability of his wife.
• The Prophet (SAW) said, “When a man calls his wife to his bed and she refuses, and he goes to
sleep angry with her, the angels curse her until morning.” (This is a divine threat which shows
the importance of this right of the husband, but it can be lifted if a person seeks forgiveness
etc. And this hadith should not be deployed in a heated scenario where the husband and wife
are having conflict.)
• 2) Her attention and good treatment.
• 3) Her loyalty and honesty in the home.
• She does not do things behind his back. There is congruence between how she is in his
presence and absence.
• 4) Her obedience in everything that is lawful and good.
• This does not mean unconditional obedience, because there is no unconditional obedience
to people. Rather, this means she does not do things that are against the guidance of Allah
(SWT) and the Prophet (SAW.)
Rights of the Husband
• 5) Managing and maintaining the home.
• 6) Getting his permission before leaving the home.
• This does not mean she needs permission each and every time she leaves the home, but rather
that she has a general permission from her husband to go some places. But for something out of
the ordinary, it is his right that she asks for his permission first. He has a right to know where his
wife is.
• 7) Her protecting his wealth and belongings in his absence.
• In the time of the Prophet (SAW), people lived in mud houses that did not have doors. The
entrances were usually cloths. It is the wife’s responsibility to make sure people are not
rummaging through the husband’s things, nor stealing from him. In our times, this can also mean
keeping the door locked and taking safety precautions.
• Wealth can include livestock, gold, silver, cash etc.
• 8) Her preserving her chastity and honor in his absence.
• 9) Not admitting people into the house without his permission.
Qiwama
• “And they (women) have rights similar (to those of their husbands) over them in what is ma’ruf,
but men have a degree over them.” [2:228]
• Al-Jassas said: “Allah tells us in this verse that each of spouse has rights over the other, and that the husband
has one particular right over his wife which she does not have over him.” This right is the right of Qiwama
(leadership/authority.)
• “Men are Qawwamun over women by [right of] what Allah has given one over the other and what
they spend [for maintenance] from their wealth. So righteous women are devoutly obedient,
guarding in [the husband's] absence what Allah would have them guard.” [4:34]
• The scholars of tafsir are unanimous that this Qiwama is linked to:
• Leadership
• Authority
• Guidance and instruction
• Defense and protection
• Provisioning and supporting materially
Qiwama
Qiwama is linked to two things:
• 1) The fadl that Allah (SWT) has given men over women — essential qualities inherent in health
masculinity (power, capacity, labor, etc.), and differences in legal rulings (tasked with greater and
lesser forms of political authority, jihad, calling the azan, leading the prayer, khutbas, witnessing in
matters of prescribed punishments, retributions, bearing the burden of paying blood money,
guardianship, divorce, lineage, etc.)
• This lessens the burden of these responsibilities on women
• 2) Provisioning — scholars understood from the verse ([4:34]) that when a man is unable to financially
maintain his wife, he is no longer Qawwam over her, and thus, she has the right to have the marriage
contract annulled because it no longer serves the purpose for which marriage was legislated.
• Before marriage, a woman is under the financial responsibility of her father, and marriage transfers this
responsibility to the husband. So if a husband is unable to provide this for her, it defeats one of the primary
objectives of the marriage.
• Divorce should not be the first step a wife should take if her husband experiences financial difficulty, but if the
husband is unwilling/unable to provide for her, and does not remedy the situation, then the option of divorce is
available.
Is housework a wife’s duty?
• The foundation of a happy marriage is ihsan and ma’ruf (i.e. what is recognized as
wholesome and good.) Fiqh details describing the minimum requirements are not
taken as the general rule for daily married life.
• Complying to only the bare minimum requirements of the responsibilities of husbands and
wives outlined in fiqh rulings will cause unhappiness in the marriage. Consider the situation
in which the wife refuses to do any housework, the bare minimum responsibilities for wives
mentioned in fiqh rulings (i.e. the Shafi’i opinion) as evidence. In a similar manner, the
husband could refuse to pay her medical fees because it is not mentioned as a responsibility
of the husband in fiqh rulings.
• Scholars differ about whether it is obligatory for a wife to do housework. But all
of them agree that it is generally recommended for the wife to do housework as a
part of custom (i.e. the cultural norm of her time and place.)
• The norm for maintaining the house that is followed by the people of her region (which she is
familiar with), and in her socioeconomic level, will be the standard expectation for her when
she is married.
Is housework a wife’s duty?
• Some Imams hold that it is obligatory for the wife to do the chores that are customary and
according to her situation (i.e. it is obligatory for the wife to do what would be expected of wives
of her socioeconomic standing and culture.)
• In the Maliki school, if a woman comes from a wealth social class and she grew up with maids, then she has
the right to say, “I want maids” as that is what is customary for her. But if she grew up in a middle class or
lower class background (without maids) and she did housework, as was the norm of other women in that
position, then there is a basic social expectation that she will do housework when married.
• If the wife refuses to do any cooking or housework and just sits at home, the husband can also
fulfil only the bare minimum requirements, and both of them will be miserable.
• Housework and chores will differ among women of different classes and places—what the urban
wife does is not like what the country wife does.
• The wife is not obliged to work for the husband for free. If she works with him she is entitled to
compensation.
• Basic household maintenance such as cooking, cleaning and gardening are responsibilities that can be shared
by the husband and wife. But if the husband has work outside of the house, the wife is not obliged to work for
the husband in his business for free. Working in his business is not a part of her household duties, and so she
is entitled to compensation.
The Wife’s Rights
• 1) Sexual access to the husband • 4) Kind treatment
• 2) Mahr • 5) Equitable division of time and provisions
in the event of her having co-wives
• 3) Provision
• Food – husband is responsible for providing food that is • 6) Not subjecting her to harm (verbal or
customary (i.e. the norm of the people of their specific physical, etc.)
time, place and socioeconomic level,) and also the means
of preparing the food (cookware, fuel, etc.) • 7) Not interfering, with nor taking from, her
• Clothing – summer and winter, replacements for worn personal wealth
out clothing, bedding and footwear. The type of • The wife has a right to the wealth of the
clothing/footwear should be what is customary for husband that he uses to financially support her
women of that time, place and socioeconomic level. and provide her with what she needs (nafaka,)
• Shelter – size and quality based on what is customary for but he does not have a right to take from the
the wife (i.e. the type of housing she is accustomed to, wealth that she owns (including the mahr.)
but she can relinquish this right and live in a place that is a • This does not mean that she cannot or should
lower standard than what she is used to if she is agreeable not spend her personal wealth on her
to that). She can also stipulate to not live with in-laws. husband, but rather, he cannot demand money
(She can live with the in-laws if she agrees to it, but she from her. She can loan him money or gift him
has a right to live separately from them.) money as sadaqa.
8.2) Fiqh of Family: Marital Conflict
Resolution, Divorce, Waiting Period
('Idda) for Women
2/12/2022
Absence of the Qadi (Islamic Judge)
• Many of the fiqh rulings for divorce describe the situation in which there
would be a Qadi (Islamic judge) who can adjudicate in matters of marital
discord.
• In modern day society, we don’t have a central government based on
Islamic law nor Islamic judges. Instead, we have bodies of imams or
community elders who work collectively to serve the role of a Qadi. And
this requires training, organization, systems/processes and transparency.
• One imam could act as a Qadi, but it may be more advantageous if the role is
performed collectively with a group of people, as this eliminates the possibility of
bias, creates checks and balances, provides additional perspectives etc. It also takes
away a lot of pressure from the imams, because if it is a collective decision, than no
one person gets all the blame.
Shiqaq (Conflict)
• The revealed law is for humans, not angels. It guides our ethics and
behavior, and is revealed for all human possibilities: the good, the
bad, and the ugly.
• Marital conflict (shiqaq) is four types:
• 1) Bad treatment or harm from the husband (perpetrator) to the wife (victim.)
• 2) Bad treatment or harm from the wife (perpetrator) to the husband (victim.)
• 3) Mutual bad treatment or harm.
• 4) Unclear cases where it is not readily determinable who is the aggressor and
who is the victim.
Shiqaq from the husband
• Domestic violence
• Cursing and verbal abuse
• Denying her conjugal rights (intimacy)
• Denying her other rights (e.g. financial maintenance)
Resolving shiqaq caused by the husband,
when wife does not want to get divorced
A wife suffers one or more shiqaq caused by her husband, but she does not want to get divorced.
She wants the harm to end and stay in the marriage. She raises the matter to the Qadi and
establishes it via evidence, or the husband’s admission, or witnesses, or it being common
knowledge (e.g. in a small neighborhood, people are aware of other peoples’ matters.)
The Qadi is to deter him and prevent him from future harm by:
• 1) Counseling him, advising him, warning him, etc.—as the Qadi sees fit.
• 2) If counselling/warning him doesn’t work, the Qadi advises the wife to forsake the bed (i.e.
withdraw conjugal rights, deny intimacy with the husband).
• 3) If the wife forsaking the bed does not work, the Qadi threatens the man with discretionary
punishment (e.g. strikes, jail time, etc.), with the condition that the Qadi is reasonably certain
that will work.
• 4) If none of that works, the Qadi can only advise/speak harshly (to the husband.)
• He cannot annul the marriage because the wife does not want to get divorced.
Resolving shiqaq caused by the husband, and
the wife wants to get divorced
A suffers one or more shiqaq caused by her husband, and she wants to
get divorced. She raises the matter to the Qadi and establishes it via
evidence, or the husband’s admission, witnesses, or it being common
knowledge. She can seek a separation and the Qadi can grant it.
• If the Qadi can verify the evidence of the harm, then the divorce can
be granted, even if the husband does not like it.
Nushuz from the wife
• Recalcitrance (nushuz) is when the wife:
• Is disobedient to her husband; or
• Disobedient to Allah (SWT)
• She is Nashiz if she:

• Refuses direct or indirect sexual access
• Leaves the home without his permission, going where he does not want her to go
• Locks him out of the house
• Betrays him by being unchaste (through fornication or other forms of indecency)
• Betrays him financially (uses his money unlawfully, such as taking more than what he
would customarily allow her to take and use)
• Neglects purification and prayer, fasting, and other obligations of Allah (SWT).
The wife can approach the Qadi about the
husband doing problematic things that are beyond
the list of shiqaq of the husband
• The list of nushuz for the wife has more things mentioned than the list of shiqaq from
the husband. Because issuing the talaq is the prerogative of the husband and not the
wife, the books of fiqh list out these things and make distinctions. However, the wife still
has recourse to complain to the Qadi if the husband is committing (some of) the acts of
nushuz with her (and they may be grounds for divorce.)
• “Neglects purification and prayer, fasting, and other obligations of Allah (SWT)” is listed as a
nushuz of the wife and not a shiqaq of the husband. And if a husband was neglecting his acts of
worship (prayer, fasting, etc.), the wife cannot just say “I divorce you.” Rather, she has to bring the
matter to the Qadi (or the group representing the Qadi.)
• Similarly, if the husband betrayed the wife financially, or if he refused sexual access, the wife has
the right to complain to the Qadi. If he locked her out of the house, she could also complain to the
Qadi about this, because it is the husband’s responsibility to provide shelter for her, and if he locks
her out of the home, then he is denying her this right. But she could not complain to the Qadi if
he leaves the home without her permission, because that is his right. So there is a distinction
between what warrants a husband to issue a talaq, and what the wife can go to a Qadi about.
Resolving nushuz caused by the wife
• 1) Exhortation: Words that soften her heart and • 3) Light physical discipline: If steps 1 and 2 do not
remind her of the rewards of obedience, or harsh work, the husband is allowed to engage in light
words that warn her of disobedience – whatever is physical discipline, defined as “non-injurious, that
most fitting for that particular situation. leaves no mark, and which avoids the face.” This is
• If needed, (such as if the husband feels like the wife will not only allowed if he is reasonably certain that it will
listen to him,) an Imam or respected figure can convey this bring her back to obedience. If he is reasonably
exhortation. certain it will not (or that it is likely to make things
• If this fails, he goes to step 2 (if he is reasonably certain that worse,) he is not allowed to do it.
step 2 will work, otherwise he does not need to attempt it.)
• If a husband has to resort to this, the marriage is not
• 2) “Forsaking the bed:” This means denying her doing well, and their should be other recourses to
conjugal rights and not sleeping with her in the same address the martial problems.
bed. • This is a description of options available in the
• It could be that only a few days of this is all that is needed right circumstances, and there are caveats and
to resolve the situation, but if it takes longer, then the conditions. If the circumstances are not suitable,
fuqaha’ state that an ideal time is one month, and it should or we are reasonably certain it will lead to greater
not exceed four months.
harm, then a ruling is not acted on. The objective
• If this does not benefit, he goes to step 3 (if he is
is a return to obedience and what is right.
reasonably certain that step 3 will work, otherwise he does
not need to attempt it.)
Mutual Conflict
• Mutual conflict means both the wife and the husband are the cause of
conflict in the relationship. Each of them claim to be the victim but neither
can prove it, or the wife raises a complaint to the Qadi but cannot prove
she is the victim.
• The Qadi assigns righteous locals (who are upright and whose testimony is
accepted) to sit with the couple and hear their stories and investigate the
matter. They will then present their findings to the Qadi. Based on the
findings, the Qadi deals with one or both of the spouses according to the
methods mentioned previously (i.e. the methods used to resolve shiqaq
caused by husband, or nushuz caused by the wife.)
Mutual Conflict
• If complaints continue, and it is not possible to determine the aggressing party, the Qadi sends a
judge from the wife’s family and a judge from the husband’s family to assess the situation and
make a decision.
• Not that these are judges, NOT representatives. This means, after investigating the situation, their decision is
binding.
• It is allowed for the husband and wife to consent for one person to be the judge in this situation.
• In the marriage contract, the husband and wife can designate the people/person for this role, should a
conflict arise in the marriage that requires intervention of a judge acting like a Qadi. But the default is that
the Qadi appoints the two judges – one from the husband’s side and one from the wife’s side.
• The role of the judges is Islah. Islah can mean reconciliation, but that is not what it means here. Islah is not
the opposite of ‘separation’ – it is what is best (aslah) for the husband and wife, which might be separation or
staying together.
• The judges are literal judges, NOT witnesses nor representatives of the husband and wife. After investigating
the situation, their decision is binding. Thus, if both judges decide that the husband and wife are to be
separated, the separation takes effect. This separation assumes the role of a single pronouncement of divorce
(one talaq.) If the two judges have different judgements, then the Qadi gets involves again.
Divorce (Talaq)
• Divorce is permissible according to the Qur’an, the Sunna, and
Consensus.
• The legal categorization of divorce falls somewhat outside of the six
categories of legal judgments (obligatory, sunna, permitted, disliked,
prohibited) – it is sort of between ‘permitted’ and ‘slightly disliked.’
• “No permissible thing is more detested by Allah than divorce.”
• However, there are some people for whom divorce is wajib, and others for
whom it is makruh – it depends on the situation.
• Divorce law is detailed. This course only covers the basics, so that if a
marriage deteriorates to the point of divorce, the husband and the
wife know their options and how divorce is carried out according to
the Sunna.
The Sunna Divorce
• Unlike a Bid’a Divorce, a Sunna Divorce is performed according • 3) That the divorce pronouncement
to the guidelines of the Sunna. not be uttered during her ‘Idda from
• It does not mean that it is sunna to get divorced. Rather, if one is going a previous divorce pronouncement
to get a divorce, this is the sunna (and thus ideal) way to do it. in which he could take her back.
• 1) A single pronouncement of divorce (not 2 or 3 at once). • A man is able divorce his wife twice
and take her back. If he divorces her a
• A statement like “I divorce you,” or “you’re divorced” would be said in
third time, he cannot take her back.
Arabic or their own language. And it is said once, not repeatedly.
• A man divorced his wife for a first
• 2) The divorce pronouncement takes place when the wife is time (telling her “you are divorced,”)
ritually pure from menstruation and post-natal bleeding, and not so she is now in her ‘Idda. He didn’t
after having intercourse after she has purified herself from take her back, and she is still at home,
and 2 weeks later, he gets mad at her
either menstruation or post-natal bleeding.
and makes a second divorce
• If a woman had finished her menstrual cycle, and then purified herself, pronouncement, and she heard it –
and then had intercourse, according to the sunna, he should not then this is blameworthy as it is not the
give the divorce pronouncement. But if he did make the divorce sunna way of divorce, but it still takes
pronouncement after intercourse, the divorce would still take effect. effect and counts as a second divorce
• According to the sunna, he should make the divorce pronouncement pronouncement. .
after she purifies herself from her menstrual cycle and BEFORE
intercourse.
The Bid’a Divorce
• All forms of Bi’da take effect – though done improperly (not according to the guidelines of
the sunna,) it still counts as a divorce.
• Some types of Bi’da divorce include:
• Divorce pronouncement during the woman’s monthly cycle.
• Divorce pronouncement during the woman’s post-natal bleeding.
• Divorce pronouncement after intercourse (post-purification from menstruation or post-natal bleeding.)
• Triple divorce uttered in one sitting. This counts as three divorces.
• This man has made his life very difficult if he said it in anger and did not actually mean it – because now, he cannot
take her back unless she goes through an ‘Idda period, then marries someone else, consummates that marriage, then
divorces him, goes through ‘Idda again – only after all this would be able to marry him, and it would require a new
contract and new Mahr.
• The Qadi is to order the husband to take his wife back if he pronounced divorce during her
monthly cycle or during post-natal bleeding.
• But this is only possible if the husband only issued one or two divorces, as the third divorce
pronouncement is final.
Divorce/Re-marry Situations
• 1) ‘Take back’— A man can take back his ex-wife during her ‘idda, or re-propose after the ‘idda with a
new contract and mahr (because the ‘idda period elapsed.)
• These can be done after the first or second divorce initiated by the husband.
• To take her back when she is in her ‘idda, the man just needs to say a statement like “I take you back.” When a man
takes his ex-wife back while she is in ‘idda, there is no new contract, mahr or even witnesses required.
• 2) ‘No take back’ — A man cannot take back his ex-wife during her ‘idda, but can only re-marry her
through a new proposal after her ‘idda, if she accepts it. This occurs when the manner of divorce was:
• Khul’ — where the wife seeks divorce due to dissatisfaction.
• Tafriq — when the Qadi/authority separates the two due to the man not fulfilling her rights.
• 3) Irrevocable divorce — when the ex-husband can neither take her back in her ‘idda (#1), nor remarry
her with a new contract (#2,) unless she marries another man, consummates that marriage, and then
gets divorced from him, then goes through another ‘idda.
• This comes into effect due to a third divorce pronouncement (where he took her back after the first and second
pronouncements,) or a bid’a divorce of three pronouncements in one sitting.
• It is unlawful for the wife to go through the marriage with the other man for the sole purpose of eventually re-
marrying her previous husband. The marriage should be genuine.
Words that enact divorce (when said by men)
• 1) Plain words: “You are divorced,” “I divorce you,” etc.
• Plain words effect divorce whether one intends divorce by them or not. (Someone can intend
to say words, but not intend divorce by them. However, for these phrases, divorce is enacted
if one says them, even if they did not intend divorce when saying them.) Thus, one should
avoid saying these phrases at all to prevent saying them mistakenly. A divorce
pronouncement is a last resort.
• They can be said in any language.
• They take effect whether one is serious or joking. But it does not take effect if a person is
reading it from a book, or if someone is just transmitting the words (e.g. a teacher discussing
divorce to students.)
• 2) Allusive words: “You are separated from me,” “Go back to your family,” “You
are no longer lawful for me,” “Our marriage is over,” “This marriage is done,” etc.
• Allusive words only initiate divorce if one intends divorce by them.
• Doubts about one’s own intention when using allusive words mean that the divorce will not
take effect.
Khul’
• If a woman wants to initiate divorce, she cannot issue talaq, ‫َوََّل َي ِح ُّل َل ُك ْم أَن تَ ْأ ُخ ُذوا ِم َّما‬
so there are two main options for her: Khul’ (in the case
‫يما‬ ِ ‫ءاتَيتُم َُ َّن َشيـًا ِإ ََّّل أَن يخاَفا أ َََّّل ي‬
‫ق‬
َ ُ ََ ْ ُ ُ ْ َ
ِ ‫ٱّللِ ۖ َفِإن ِخْفتُم أ َََّّل ي‬
where she is dissatisfied with the marriage and returns her
Mahr or equivalent), or Tafriq (the Qadi/authority separates ‫ود‬ ‫د‬ ‫ح‬
َ ُُ َ ُ ‫ا‬ ‫يم‬ ‫ق‬ ْ ْ َّ ‫ود‬ َ ‫ُح ُد‬
the couple due to the man not fulfilling her rights.) ‫يما ٱ ْفتََد ْت ِب ِه‬ ِ ‫ٱّللِ َف ََل جناح عَلي ِهما‬
ِ
َ َ ْ َ َ َُ َّ
• She may also be able to divorce through ‘Tafwid al-Talaq’ under a
stipulation in the marriage contract. “And it is not permitted for you
[husbands] to take back what you
• Khul’ is “the end of the marriage when the husband
have given them [your wives] unless
receives a material offering from his wife and using the
they both fear that they cannot
pronouncement of khul’ or talaq. Or when the husband
uphold the hudud of Allah. So if you
divorces/releases his wife by accepting her request for
all feared they cannot keep up the
separation in exchange for a compensation she offered
limits of Allah, then there is not fault
him.”
upon them with what she ransoms
• The wife returns the Mahr or its customary value to the husband
herself with.” [2:229]
in return for being released from the marriage.
Khul’
• A report from Ibn ‘Abbas mentions that the wife of Thabit b. Qays came to the Prophet
(SAW) and she said: “O Messenger of Allah, Thabit b. Qays, I do not fault him for his
character or religiosity, but I hate to be ungrateful (kufr) after Islam.” So the Prophet
(SAW) said: “Would you return to him his garden [i.e. the Mahr]?” She said, “Yes.” The
Messenger of Allah (SAW) then said, “Accept the garden and divorce her a single divorce.”
(Bukhari)
• Thabit b Qays’s was not violating her rights, nor was there a problem with his character or religiosity.
But there just wasn’t any chemistry in their marriage, and she did not want to stay in the marriage
and because she feared she may become so resentful that she becomes ungrateful. And that is why
she sought the khul’.
• Thus, the basic concept is that the woman offers to give back the dowry her husband
originally gave her in order that he divorce her against his preference.
• The Dowry, or its customary value (i.e. according to the norm of the people for that specific place,
time, culture and socioeconomic level,) is offered back to the husband. It may also be an object of
appropriate value.
Khul’
• It is generally forbidden for the husband to make his wife’s life difficult with
the hope that she will ‘bribe’ him for a divorce, and thus receive back the
Mahr.
• Khul’, like divorce, should be a last resort when there are irreconcilable
differences. Other means should be pursued first, especially when she is
displeased with things that he has control over (behavior, religiosity, money
management, etc.)
• If the wife requests a khul’ and the husband is not accepting her offer (to
return the Mahr), then the imam can rule in her favor, so instead of khul’,
the type of separation becomes tafriq (coerced divorce officiated by the
Qadi or those acting as a Qadi.)
Khul’
• In countries where there are no Qadis who can decree that a Khul’ is executable (with or without
the husband’s agreement), the general practice is to only issue a Khul’ or a legally enforced
divorce due to harm AFTER the civil divorce papers are issued, in order to avoid the harm that
could be provoked by affecting the angered husband.
• The civil divorce papers are issued by the state, and the nikkah is done verbally or in writing and officiated by
an imam. There are systems in place at a civil court - armed guards, bailiffs, etc. whereas those acting as the
Qadi do not have these things. The husband may be regularly encountering those acting as the Qadi, because,
for example, they teach his children (madrasa), deliver the khutbah, lead the prayer etc. And if the husband is
angered and blames the divorce on those acting as the Qadi, there is a possibility that he may cause harm to
them if the Khul’ takes place before the civil divorce.
• In localities where there is a Qadi to overseeing such matters, the couple may only encounter him for this
matter of their divorce and then not see him again, so the risk of the Qadi being harmed is low.
• Another issue which can arise is that the process of adjudicating and making decisions on marriages and
divorces within the Muslim community may come under scrutiny by non-Muslims/Islamophobes, who have
concerns or dislike the idea of Muslims running “Shariah courts” (when they have a lack of real understanding
about the Islamic legal system, and how it is applied in countries without central Islamic governance.)
Important note on khul’
• If feasible, a woman granted khul’ will move to her family’s home, or a
relative, or even a shelter, or guest bedroom of another home. If none of
that is possible, she may stay in the husband’s home and live as a stranger,
in a separate room while observing hijab in front of him.
• If the khul’ is granted, it means the marriage is officially over. However, she may not
have anywhere else to stay, and so in that extreme circumstance, she may
temporarily stay in the husband’s house like a stranger and observe hijab, until she
can find another accommodation.
• Unlike (the first and second pronouncements of) talaq, he cannot ‘take her
back’ through intercourse during her ‘idda (waiting period.) Once he
accepts her offer of khul’ they are haram for each other.
• If the couple ever wanted to marry again, then after the ‘idda, they would need a
new contract.
The Waiting Period – ‘Idda
• There are two difference types of ‘idda – the ‘idda of divorce and the ‘idda of bereavement (for a
widow,) and they have different durations and differences in what the woman does during the
‘idda. The ‘idda discussed here is the ‘idda of divorce.
• 1) The ‘Idda of divorce begins as soon as the divorce occurs. It ends upon the beginning of the
third menstrual period that follows. It is three Quru’ (purities) beginning with the purity in which
the divorce occurred (according to a sunna divorce.)
• Three Quru’ is either three periods of purification after three menstrual cycles (including the one at the time
of the divorce pronouncement in the case of a sunna divorce,) or three months – there is a difference of
opinion about the meaning of Quru’ among the fuqaha.
• 2) If the woman does not menstruate, the ‘idda is three months from the day of the divorce.
• 3) If she is pregnant, it ends at birth.
• The divorce pronouncement should not occur when she is pregnant, but if it is, it still counts.
• 4) If the husband has intercourse with his wife during her ‘idda with the intention that she is his
wife again, this is considered ‘taking her back’ (raj’a).
• 5) If he had intercourse with her during her ‘idda, and still intends to divorce her, he is sinful for
making light of the religion, but it is not fornication.
• Any intercourse he has with her during ‘idda, should be accompanied with the intention of taking her back.
Prohibitions during the ‘Idda
• 1) She may not remarry during the ‘idda
• The purpose of the ‘idda is to ensure that the womb is empty (i.e. ensure she is not
pregnant from her ex-husband.) Otherwise, if she remarries, and it is not clear who
the child’s father is, then this would mix up the lineages between different people,
causing certain rights to not be observed, or unknown. The preservation of family
ties is important in Islam.
• Even if a woman is sure she is not pregnant, that does not mean she can skip the
‘idda, as observing the ‘idda is still a command from Allah (SWT).
• 2) She may not accept marriage proposals (but it is okay for a man to make
an indirect proposal or hint at marriage.)
• Books of fiqh give examples of hints: the man can say to the woman something like,
“Any man who had you would have a priceless gem in his life.” These are not haram
as there are not explicit proposals.
Maintenance during the ‘Idda
• 1) A man must maintain his • 2) A woman has NO right to maintenance
divorced wife during her ‘idda from the ex-husband, after:
if he consummated the • Khul’, as she was the one who sought this, unless
marriage, and one of the she is pregnant, in which case she is entitled to
following apply: maintenance because she is carrying that child,
and so he provides for her during the pregnancy.
• He has the right to take her back
(raj’a) – meaning, he has the • Triple divorce (either the sunna or the bid’a way)
ability to take her back if he – this is an irrevocable divorce. Maintenance in
would choose to do that only given in situations in which there is a likely
possibility of reconciliation.
• She is pregnant – if she is
pregnant, then her ‘idda ends • Separation (tafriq) due to harm by the husband.
when her pregnancy ends, so he • Separation (tafriq) due to change of religion – the
must maintain her throughout ex-husband is no longer a Muslim
the pregnancy
Returning of gifts?
• If a couple gets divorced, they do not have to return the gifts they
gave each other when they were married (or from before the
marriage.)
• A gift that was given to you belongs to you.
• However, in the situation where the wife was doing services for the
husband’s business in lieu of income (i.e. doing things that made him
money or made the business profitable, almost like an employee
relationship or business partnership,) then some of that profit would
need to go to her. But this would be determined on a case-by-case
basis.
8.3) Fiqh of Family: Rights of
Parents (Filial Piety)
9/12/2022
The five broad objectives of the Shariah
• 1) Preservation of the Religion
• 2) Preservation of Life
• 3) Preservation of Intellect
• 4) Preservation of Wealth
• 5) Preservation of Family
• One of the objectives of the Shariah is to minimize human conflict, and by learning the fard ‘ayn
in family matters, we learn what is obligatory for us to do towards our spouse, parents, children
and family, and we also learn the rights that we have on them. And if everyone is observing these
rights, we minimize conflict enhance harmony and happiness in the family.
• Without taqwa, very little of this works until people are brought in front of a Qadi (Islamic judge.) But because
we live in communities that do not have a Qadi, we have to operate on taqwa and giving people their rights.
We also be easy-going in demanding the rights owed to us, and also in forgiving people for the rights that they
owe to us but have neglected.
Birr al-Walidayn (Filial Piety)
• Birr al-Walidayn can be translated as “goodness to • Types of Birr al-Walidayn
one’s parents.” A more classical translation would be • Speech
“filial piety.” • Heart
• It means being dutiful to one’s parents. • Body
• Birr al-Walidayn is fard ‘ayn according to the Qur’an, • Wealth
the Sunna, and Conesus.
• “The pleasure of Allah is in the pleasure of the parents, and
the anger of Allah is in the anger of the parents.” (Tirmidhi)
• “Your Lord decreed that you worship none others besides
Him and that you be excellent [ihsan] toward your parents.”
[17:23]
• “Should I not tell you of the worst of the major sins?
Associating partners with Allah and ‘uquq al-walidayn.”
(Bukhari)
Birr in Speech
• A) Speak softly
• “For your Lord has decreed that you worship none but Him. And honour your parents. If one or both of them reach old
age in your care, never say to them even ugh, nor yell at them. Rather, address them respectfully.” [17:23]
• In the Arabic language, “uff” is the lowest level of offensive speech you could say to someone. In English, it would be
like an audible sigh or clicking your tongue (tut sound) or “ugh.”
• From this verse, scholars derive that if it is prohibited to say “uff,” which is the lowest form of offensive speech, then
that means that every other form of offensive speech and behavior (which is worse) is even more prohibited.
• B) One can give nasiha to his or her parents, but it must be with humility.
• “The child should enjoin righteousness and forbid evil with his parents and should also ‘lower the wing of humility’
with them.” –Imam Malik. This means that one would humble themselves towards their parents – by using kind words
to them and being merciful. You can advise them, while also being humble.
• Imam al-Ghazali states that with parents, this is only in two ways: (1) One teaches them the matter if they were
unaware of the ruling. (2) One does so gently.
• A child has no right to use harsh words or curse his parents when trying to correct them. If, in your correction, you are
afraid that you may start using harsh language, then you should leave it. We do not want to see our parents doing
something haram or sinful, but there is a careful balance between advising them, while also not overstepping our
bounds when giving the advice.
• Imam al-Hasan al-Basri was asked about how a child should correct his parents. He said, “He should admonish them
gently as long as they do not get angry. If they become angry, he should be silent so as to avoid the prohibition of
going against them.” If commanding good and forbidding evil will make your parents angry, then it is better to stay
silent instead.
Birr in Speech
• (C) One does not raise their voice
• (D) One does not call them by their first name, as doing so is disliked (makruh)
• (E) Praying for mercy
• This is an obligation based on the verse, “And say, ‘O my Lord, have mercy on them as they have
raised me when I was young.’” [17:24]
• Scholars state that making this du’a once in a lifetime fulfils this obligation if it was done with the
intention of fulfilling the obligation.
• Some scholars said that it is not far-fetched to say that it is required five times a day, because Allah
(SWT) says “And thank Me and thank your parents.” [31:14] Since parents are mentioned after the
name of Allah (SWT), and to properly thank Allah (SWT), one must pray five times a day, then to
properly thank one’s parents, one should pray for them five times a day.
• For those who have non-Muslim parents, one can NOT make du’a for mercy and forgiveness after
they pass away, and there is a difference of opinion about whether of not one can make du’a for
their mercy while they are still alive. (If you pray for mercy for them while they are alive, you
should do so with the intention of asking Allah [SWT] to guide them [to Islam.])
Birr in Speech
• (F) Answering their call while in prayer
• When a father calls a child while the child is praying nafila, he should quicken
it, and then return his call after completing the prayer.
• When a mother calls a child while the child is praying nafila, the child answers
her with a tasbih (e.g. “SubhanAllah,”) and quickens his prayer, and then
return her call after completing the prayer.
• Answering with the tasbih lets the mother know he is in prayer so she does not continue
calling, and prevents her from getting upset about his lack of response.
• Note that this is referring to verbally calling, not calling over the phone.
Birr with the Body
• Obey them in all that they order you to do, as long as there is no prohibition (i.e. it is nothing haram)
or danger (to ourselves or others.)
• “There is no obedience to the creation in disobedience to the Creator. Obedience is only in that which is ma’ruf.”
(Bukhari)
• The Prophet (SAW) said, “There is to be no harm or reciprocating harm.” (Ibn Majah)
• A parent cannot tell their child to do something that will cause verifiable harm.
• Imam al-Turtushi stated: “It is incumbent upon the child to obey if the parents would be hurt if the
order is not followed.”
• If our parents’ ask us to put our dishes in the sink, and we didn’t listen because we were distracted, or we
procrastinate and/or forget about it, then we did not obey them. And if this is something small that we know is
not going to hurt our parents’ (they may be annoyed/irritated, but not hurt,) then by not obeying them in it
would not be seen as a major sin. But it could be considered a minor sin depending on the level of disobedience.
• A child would not be required to obey an order that is harmful.
• For example, if a child cannot find a source of income locally (where he lives and his parents live) to take care of
himself and his family (wife & children), and he needs to travel to find work, then he does not have to obey his
parents if they tell him to forgo the travel, because that would be a type of harm to the child. (But this would not
apply if one was traveling to earn beyond their needs.)
• If a parent is doing something that we know is haram, that does not mean that we obey them and imitate them
in that action.
Birr with the Body
• If parents order a child to do something doubtful (with regards to Shariah,) the child listens
because the majority position is that avoiding ‘doubtful matters’ is recommended, while
obeying parents is obligatory.
• You choose what is obligatory over what is recommended.
• If parents order one to perform an act of worship, it is incumbent.
• If a parent instructs you to perform Duha (nafl prayer,) then you must do it. Even though the prayer is
voluntary, obeying the parent is obligatory.
• Some opined that the parent’s order raises the status of the action (Qurtubi.)
• If something is normally considered mubah (neutral), then it becomes mandub (recommended) if one’s
parent(s) ordered them to do it. For example, if your parents wanted you to wear a purple jacket that
you didn’t really want to wear – under normal circumstances, wearing the purple jacket would be a
neutral action, but because the parents asked you wear it, it now becomes a recommended action.
(However, if they insist and get upset if you don’t wear it, then it could become wajib.)
• If something is normally considered mandub (recommended), then it becomes wajib (obligatory) if
one’s parent(s) ordered them to do it. Under normal circumstances, giving charity (sadaqah) is a
recommended action, but if your parents tell you to give it, then it becomes obligatory for you to do it.
Birr with the Body
• If parents order one to do something makruh (disliked) or to leave a non-obligatory Sunna, one
must listen. Eating or drinking while standing is makruh, but if a parent ordered you to do it, then
you should do so, because obeying the parent is wajib, and leaving something wajib is worse than
leaving something makruh.
• If you were about to pray Duha (nafl prayer), and your parent ordered you to do something else, then you must
listen to them, because Duha is voluntary and obeying one’s parents is obligatory.
• If parents order one to leave something recommended, then scholars differ and say it is either
recommended or obligatory to obey them.
• If you wanted to give sadaqa to someone (recommended action,) but your parent told you not to, then the
scholars differ about what you should do. Some say it is recommended that you listen to your parent, while
others say it is obligatory to listen to them. Regardless, listening to the parent seems to be of higher priority
than performing the recommended action
• But one does not have to obey parents if they tell one to leave the emphasized sunnas, or if they
tell one to leave the sunna actions consistently.
• This is because once in a while for a need is fine, but a command to leave them consistently is a type of change
to the Shariah.
• If your parents told you not to pray the the 2 rak’a before Fajr (emphasized sunna,) or not to do the sunna acts
of wudu’, you do not need to obey them.
Example of dilemma: obeying the parent
versus obeying a religious ruling
• If a parent tells the son to cut his beard, does the son listen to the parent and cut the beard, or
does the parent and keep the beard?
• The answer to this depends on several factors:
• 1) The hukm/ruling about men keeping a beard
• 2) the parents’ opinion on the matter (i.e. which madhab/ruling they adhere to), and whether or not their
opinion conflicts with the Sunna
• 3) Context
• Some may think the beard is wajib, and therefore you don't obey your mother if she tells you to
shave it off. And they wouldn't be entirely wrong to think, that but there are some complexities…
• If the parents follow the Shafi’i madhab, then in the Shafi’i madhab, the ruling on cutting the
beard or shaving the beard is that it is makruh (disliked,) and that keeping a beard is keeping
anything that can be called a beard. In this scenario, if your facial hair is considered a beard, then
you are fulfilling that obligation (emphasized Sunna.) And so if the parents order the son to trim
the beard, and not to shave it off, then this would be permissible according to the Shafi’i school,
and by obeying this command from the parents, you are still fulfilling the religious obligation.
• However, if the son follows the Hanafi school, then the Hanafi school rules that keeping the beard is
wajib, and that it is haram to cut past anything less than a fistful (i.e. the beard should be the length
of a fist, and one should not trim the beard shorter than this.) So in this situation, the parents follow
the Shafi’i school and command the son to trim his beard, but the son follows the Hanafi school and
does not want to do that – and this is a dilemma.
• If the son consulted a Mufti about this, they are likely to advise him to disobey his parents’, keep the beard, but to
do so wisely and tell them try to convince them.
• However, another Mufti might advise him differently and say that because this is an issue where there is a
legitimate difference of opinion among the fuqaha, the parents’ will removes the difference of opinion and
determines which view to follow (i.e. you should follow your parents’ view on the matter.)
• A person’s context is also something to take into consideration. If this family is in Pakistan where most
people are Hanafi, and their society happens to be strict about the matter of keeping a beard, then
the parent commanding the son to cut is beard means they are telling the son to do something that is
haram according to the recognized myth of the land
• This example shows that sometimes fatwas (such as those you may read online) are not universal, and
a ruling could differ depending on a one’s unique situation, and these may not be factored into the
fatwa, and that that fatwa you found may not apply to you.
• In short: If a man was trying to keep a beard, and he had a parent
who was asking him to trim/cut/shave it, then…
• He should reason with the parent in a nice way. Growing the beard is a
virtuous act when performed for the sake of Allah (SWT) and following the
Sunna of the Prophet (SAW.)
• If he is able to, he should go to a local Mufti and explain the situation, and get
their advice.
• He should try his best to obey Allah (SWT) and then obey his parents.
Birr with Wealth
• If parents have no source of income, it is obligatory on the children to
support them. They must be supported with enough to keep them at
a status they are worth of (‘urf).
• The parents should be supported with enough wealth that is customary for
people of their time, place, culture and socioeconomic level.
Birr with the Heart
• Ihsan toward parents includes the heart. At the end of the command for Ihsan it states: “…your
Lord is Well-aware of what is in your hearts.” [17:25]
• This means Allah (SWT) is observing the Birr in our hearts as well.
• Ihsan is centered in the heart and the effects of it are found on the limbs and manifest on the tongue.
• In our hearts, we have birr by not harboring hatred, trying to remove ill feelings and resentment
that way grow over time.
• We should aim to prevent having them in the first place, but if we do have them, then we need to work to
remove them.
• This can be really difficult because sometimes people have really complex family situations, such as the
parents being overbearing, or even abusive, and there is a toxic relationship between the parents and
children.
• When one prays for their parents, they should also try to forgive them for their mistakes. As you will realize
when you become a parent yourself, being a parent is not easy and you make mistakes, and people do not
always do the right thing, even if they are trying to.
• If one does the outward birr, but has hatred and contempt in their heart, they have not fulfilled
their duty of Birr al-Walidayn.
Conflicting orders
• The majority position of scholars is that if there is are two conflicting orders, precedence is given
to the mother.
• So if your mother tells you to, “Sit down,” but your father tells you to “Stand up,” then you should sit down,
giving precedence to the mother’s command.
• This is because, according to a hadith, the mother has three times more right to your excellent treatment than
the father.
• A man went to Imam Malik and said, “My father is in Sudan and he has written a letter and told
me to come where he is, but my mother is preventing me.” Imam Malik said, “Do not disobey
your mother, and obey your father.”
• In saying this, Imam Malik did not put the right of one parent over the other in a way that would create
conflict, such that he was advising the questioner to figure out a way to please both parents. So ideally, if you
get conflicting orders, if possible, you want to see if you can fulfil both of them.
• Imam Muhammad Mawlud said, “This means that the son is to try his best to seek the pleasure of his mother
when he travels to see his father, even if it means taking her with him so he can obey the father and not
disobey her.”
• All things considered, the mother has more right to birr than the father.
• And ideally, the mother and father are working in tandem in the house so that the command of one of them,
is the command of both of them, and the prohibition from one of them is the prohibition of the other.
Orders from parents about ending one’s
marriage
• If the father orders the son to forgo marriage to a specific person, he is required to obey
the order.
• If the son meets a girl, but the father says that he cannot marry her, then he must obey this and
not pursue a marriage with her.
• If the father (or mother) asks the son to divorce his wife, the son is not required to obey.
• If parents don’t have the right to cause harm by preventing a son from earning a livelihood, then
they certainly have no right to break up his family. The parents cannot give a command that brings
harm to their child.
• As for daughters, no one, not even the parents, have the right to ask her to seek a divorce from
her husband. (Whereas for son, there is a somewhat of a difference of opinion about whether
they have to divorce their wife if their parents command them to do so, but the view mentioned
here regarding this is that it is not obligatory.) Divorce is not in the hand of the wife, it is in the
hand of the husband, but she does have the means of seeking a release. A woman is not obligated
to obey her parents if they tell her to end her marriage by seeking divorce from her husband.
Birr after Death
• Make du’a for them and fulfill any promises made to them.
• Excellence includes visiting their graves (particularly on Fridays, as
recommending in a hadith) and giving charity on their behalf.
• Keeping family ties—visiting their kin and old friends.
• When our parents are alive, we may meet members of their family when
visiting them with our parents. If our mother and father are not around, we
may be less inclined to visit them, or inquire about them, or even be that nice
to them. But we should try to keep up those good relations, by inquiring
about them occasionally, even if we’re not naturally inclined to do so
(because we lack strong feelings towards them.) Keeping the good relations
should be done out of loyalty to your parents.
‘Uquq (Disrespect)
• ‘Uquq is disrespect of parents, differing with them in a way that would cause anger, and this is a
major sin.
• If the differing does not cause anger, it would be a minor sin (and even that depends on the nature of
differing, because sometimes the parents may give gentle requests or suggestions that are not commands
which take the level of obligations.)
• The fact that ‘uquq is a major sin is a legitimate concern for many people with parents who have a
bad temper or are easily angered.
• People can be unreasonable in their anger, and one may have a parent with a bad temper or are easily
angered, and so if such a parent gets angry, does that mean one incurs a major sin? Is one perpetually in sin
for this? The answer is no, as the scholars recognize this reality.
• Imam Muhammad Mawlud describes the anger of the parent which would be due to ‘uquq: “This is anger
that is defined by the custom and not due to bad character or deficient intellect, as there are many people
who are not satisfied by anything.” This means if a child does something that would normally cause a
reasonable parent to become angry (in that time, place, and culture), it would be ‘uquq. The standard of
reasonableness is what is recognized as fairly normal in society.
• So for a parent with a bad temper or who is easily angered, their temper/anger does not transform our mild
actions that annoy them into major sins. The threshold for what incurs a parent’s anger with regards to ‘uquq
is that which would incur anger for an emotionally balanced person.
‘Uquq (Disrespect)
• For example, if a parent commands a child to pick up some their clothing off the floor, and if it
takes the child 10 seconds to do so, and the parent starts screaming, “Why are you taking so
long!?” and they keep yelling, then this behavior from the parent is not considered reasonable.
Thus, the child has not committed ‘uquq in this situation.
• If the parent has a fairly even temperament, but, for example, the child curses at them, and this
causes the parent to become angry and yell at the child. The child cursing at their parent
considered generally disrespectful in society, and it something which would upset most people
with a normal temperament. Thus, the child has committed ‘uquq in this situation.
• Regarding a parent with “deficient intellect,” this is different from “bad temper,” in that someone
with a bad temper gets anger over small things, whereas one with deficient intellect is basically a
simpleton/dumb person, such that they don’t understand certain social cues and such.
• Many times, bad temper and deficient intellect go hand-in-hand, as because they are deficient in intellect,
they have a bad temperament. Whereas people with a developed intellect often have better emotional
regulation.
‘Uquq of the Limbs
• 1) Hands — hitting, throwing hands up in the air in disgust, clenching fists.
• Basically this is using one’s hands/arms in a way that expresses anger or disgust in a way that
causes an emotional reaction of anger/alarm from the parents.
• 2) Feet — leaving them helpless
• Leaving a parent helpless and the parent is in need of the child.
• 3) Ears — listening to backbiting against one’s parents and not speaking out.
• If you hear someone talking bad about your parents, you should correct the person saying things,
or tell them to stop. But you cannot do anything to change the situation, then you should just walk
away from it.
• 4) Eyes — a hateful/angry glare or glance towards one’s parents.
• Some people have a naturally ‘angry’ looking face, but this is referring to one purposefully making
a hateful glare.
• 5) Heart — hating
• 6) Tongue — harsh words, cursing, etc.
Parents Facilitating Birr al-Walidayn
• Fulfilling the rights of parents is sometimes difficult (but not impossible.) However, reciprocating
one’s parents for everything they have done for them is impossible. Due to these reasons, the
scholars counsel parents to ‘facilitate’ birr al-walidayn, so that it becomes easier for children to
fulfil birr al-walidayn, and understand that doing so is part of doing birr towards one’s children.
• Parents should make it easy for their children to be dutiful to you. Because in doing so, it becomes easier for
the children to obey Allah (SWT) and receive barakah and blessings, and that prevents them from falling into
things which are very destructive.
• Isma’il Haqqi: “It is incumbent that the parents not cause the child to perform ‘uquq by dealing
harshly with him. Rather, they should aid in him doing birr. Some of the people of knowledge have
said, ‘I have a son who, for thirty years, I have not given an order out of fear that he will disobey
me and therefore deserve the punishment of Allah.’”
• Parents need to be mindful of what they say to their children – and this can be difficult, as children can get on
one’s nerves. But parents should try to deal with their children in a way that will not cause the child to
commit ‘uquq.
• When scholars mention these kinds of stories (the man who hasn’t given a command to his son for 30 years,)
it does not mean that this is the guideline that you should follow. Rather, it is to demonstrate a very high
standard – an example of someone who was very dedicated regarding this matter.
• Parents should teach their children what Birr al-Walidayn entails. Children have a right to be
taught the obligations of Allah (SAW) upon them.
• Children should be constantly reminded about fulfilling the right of Birr al-Walidayn. Children often need to be
reminded of the same thing many times before it becomes a habit for them, and they do it without having to
be told.
• Parents should assist children in birr and taqwa
• Parents should not give their children unreasonable demands – consider the situation your children are in and
the challenges they are facing.
• “Cooperate with one another in goodness and righteousness, and do not cooperate in sin and transgression.
And be mindful of Allah.” [5:2]
• Parents should forgo their own rights at times.
• A parent may be aware that their child should fulfil an obligation for them, but at times, it may be better to
relinquish this right, in order to prevent their child from slipping into sinfulness because of the unfulfilled
demand.
• Also, if the child has disobeyed or disrespected you, you should be able to forgive them, and hopefully by
forgiving them, they are avoiding the bad consequences of ‘uquq in this life and the next.
• Find the right length of the rope (statement from Sayyiduna Mu’awiya.)
• During the time that Mu’awiya (RA) was khalifa (and afterwards,) there was a lot of strife in the ummah. But he
had this wise saying about leadership, which can also apply to parents.
• Think about leading a horse or camel by a rope – if the rope is too short and you tie it to a post, the horse/camel is
going to keep yanking on it because it has little room to move around. Conversely, if the rope is too long and you
tie it to a post, the horse/camel is going to move around too much and possibly get tangled up in the rope.
• So when one is a leader (or in this context, a parent,) the rope should not be too short, nor too long. If the rope is
too short, then you are smothering the subjects/children (and will cause them to rebel in an attempt to taste
freedom.) And if the rope is too long, then the subjects/children get into all sorts of problems. You need to find
the right length of rope, which requires intelligence and wisdom, and you may not always get it right. This is a
figurative rope – do NOT rope your child. Also this analogy applies mainly when the children are still children, not
when they becomes adults and are acting with agency in their own lives.
• Train them well and help them develop as adults, and then TREAT THEM AS ADULTS!
• Do not keep treating them as a child up into their late teens. Treat children as adults when they're acting as adults
and showing signs of maturity, and assign them tasks to help make them responsible and independent.
• Pray for them.
• Children are their own people and they're going to have to make their own decisions, and they are not always
going to be decisions that we like or agree with, so we ask Allah (SWT) to guide them.
Mother-In-Law and Father-In-Law
• Birr al-Walidayn does not apply to the parents’-in-laws as it does to
one’s own parents.
• It is from respect of one's spouse to treat their parents well, but you
do not have to obey your in-law the same way you have to obey your
mother and father.
Complicated issue: Choosing a different path
than what your parents want for you
• What about obeying/disobeying one’s parents regarding life and career choices? Are you disobeying
your parents if they wanted you to go into the medical field, but you did something else instead?
• This is difficult to answer. There is not a single fatwa that will apply to every person in a matter like this.
• Try to have an honest conversation with your parents to reconcile the differences, and do so with
kindness, respect and maturity.
• For example: “ I want to obey Allah (SWT), I want to fulfill your haq (right,) but I'm also my own human being, and I
have my own aspirations that are independent of your aspirations for me. I recognize that you want what is good for
me and I recognize that if I chose the life path that you want for me, it would make you very happy. But because of
my love for you, and my desire to be obedient and not to be in conflict with you, I also have to be honest with you
so that I don't have resentment in my heart about that path not being my life’s calling. It’s just not something I feel
called to. And I ask for your help and support to obey you and to also fulfill my life path.”
• If you want to follow a good career path but feel pressure to take another because of parental expectations, and you
do not know how to bring this topic up with your parents, then it may be helpful to get third parties involved (e.g.
teacher, elder, grandparent, uncle) that can advocate on your behalf and reason with your parents.
• While the parents may not be thrilled about the change of choice, once they see that it makes you feel
happy/fulfilled, it may soften them, and they may eventually be happy about it.
Complicated issue: Choosing a different path
than what your parents want for you
• If there is something that one can not do and it is causing them harm in a
verifiable way, then they have to find a way to balance between finding their own
life path and making their parents happy.
• Parents should not be so unreasonable to think that they know with certainty
what is best for their children in their career paths.
• If the child says they want to be a cashier at a casino, then a parent can tell them that it is
obviously a bad idea. But if there is some career path which is generally good, parents cannot
force or insist that their child take that path, especially if it is going to cause the child
unhappiness and unfulfillment. Because then the child will harbor ill feelings and resentment,
and without honesty, empathy and understanding between the parent(s) and child, that
resentment will eventually surface from the child in an explosive way.
• Parents need to facilitate Birr al-Walidayn for their children by not putting up obstacles that
make their child’s life harder than it already is.
8.4) Fiqh of Family: Rights of Children,
Relatives & Maintaining Family Ties
16/12/2022
The Rights of Children
• Children are the fruit of marriage and means of pleasure (or pain) in this life.
• Children can be a great joy, and they can also cause hardship.
• Children have rights upon their parents before birth, during their gestation in the womb, and after birth.
• “O you who believe, save yourselves and your families from a fire whose fuel is men and stones.” [66:6]
• You are obliged to rear your children so that they know their Deen.
• “Your wealth and children are but a trial (fitnah), and Allah has with Him a tremendous reward.” [64:15]
• This verse indicates that the “tremendous reward” is in store for those people who know how to manage the fitnah
of wealth and their children.
• “Upon death, a person’s deeds will cease, except for three: a perpetual charity (sadaqah jaariya),
knowledge left behind from which others benefit, and a pious child who continuously prays for his
parents.” (Muslim)
• It is the mercy of Allah (SWT) that when a child is prepubescent, they receive reward for the ibada they
do, even through it is not yet obligatory on them. And their sins are not recorded before they hit
puberty.
• Before the child is conceived, one of the rights of • 3) To give the child a good name.
the child is that their parents are right for each • It does not necessarily have to be an Arabic name, but
other (i.e. that their father choses the right wife it should have a good meaning.
and their mother choses the right husband.) • The Prophet (SAW) said, “Keep the names of the
Prophets. The most beloved names in the sight of Allah
• 1) To nourish the fetus with halal food. are ‘Abdullah and ‘Abd al-Rahman…” (Abu Dawud)
• The unborn child has rights on the mother. Likewise, • One should give some thought to the child’s name,
the mother cannot terminate the pregnancy, and because names have an impact on the child’s nature.
she is responsible for ensuring that she is feeding
the fetus halal food. • 4) Spending on their needs with halal income
(based on ‘urf i.e. the custom of the people of that
• 2) To call the azan in the baby’s right ear and the
time, place, culture and socioeconomic level.)
iqama in its left ear.
• A man must provide financial maintenance for his
• The wisdom of this is that it is a way of reminding
children.
the newborn child of its primordial nature (fitra) on
which it was created, and the first words it hears • The Prophet (SAW) absolutely forbade that a man
coming into this dunya are the remembrance of neglect his family to the point of abandoning them, or
Allah (SWT), including the praise and glorification of leaving them to go to waste, without material support.
Allah (SWT), and the testimony of faith (shahada.) He said: “It is sufficient sin for a man if he neglects
those on whom he is obliged to spend.” (Abu Dawud)
• 5) Upbringing • a) Purity (wudu’, ghusl, using the restroom, etc.) and prayer (salat, reciting Qur’an, etc.)
(tarbiyya): Being • ‘Abd al-Malik b. al-Rabi’ b. Sabra narrated from his father that his grandfather said: “The Messenger of
taught about Allah Allah (SAW) said: ‘Teach the child to pray when he is seven years old, and physically discipline him if he
(SWT) (existence, does not pray when he is ten.’” (al-Tirmidhi)
names and • 7 years old means 7 lunar years (so about 6 years old) & 10 years old means 10 lunar years (so about 9
attributes, etc.); years old.) Discipline here means insisting that they pray – it should not be an option for a child to
worshipping Allah leave salah, and the parents must instill this in their children.
(SWT) alone; our • b) Fasting
purpose of • Parents must instill in their children the discipline of fasting, and should do so in a gradual way that
existence. they can handle before it becomes obligatory for them. Once they are close to the age of puberty,
• “And [remember] parents should insist that their children fast. Some children are more eager and capable of fasting
when Luqman said from an earlier age than others, and so if they can handle fasting, they should be allowed to do it, and
to his son when he they still receive reward for it, even before it is obligatory for them.
was advising him: • Rubayyi’ bint Mu’awwidh said: “The Prophet (SAW) sent word on the morning of ‘Ashura to the areas
‘O my son! Join not where the Ansar lived (on the outskirts of Medina), saying: ‘Whoever did not fast this morning, let him
in worship others not eat for the rest of the day, and whoever started fasting this morning, let him complete his fast.’ We
with Allah. Verily, used to observe this fast after that, and we used to make our children fast and make them toys of
joining others in wool; if one of them cried for food we would give him that toy until it was time to break the fast.”
worship with Allah (Bukhari) Fasting one day on Ashura was performed before fasting Ramadan became obligatory, and it
is a great wrong has since been abrogated. The hadith indicates that the children fasting (with the adults) were quite
indeed.’” [31:13] young, as they were comforted with a toy when the fast was becoming difficult for them.
• 6) Good manners, Imam al-Nawawi said, “The father must discipline his child and teach him what he
character, and Fard needs to know about religious duties. This teaching is obligatory upon the father
‘Ayn and all those in charge of children before the child reaches the age of adolescence.
• Children do not This was stated by al-Shafi’i and his companions. Shafi’i and his companions said:
necessarily have to This teaching is also obligatory upon the mother, if there is no father, because it is
be taught the fard part of the child’s upbringing and they have a share of that and the wages for this
‘ayn knowledge to
teaching may be taken from the child’s own wealth. If the child has no wealth,
the level of detail in
this course, but then the one who is obliged to spend on him may spend on his education, because
parents should it is one of the things that he needs. And Allah knows best.” (Sharh Sahih Muslim)
educate them on the • The responsibility falls primarily on the father, and it falls on the mother if there is no
things that they need father. This does not mean the mother cannot have a role, just that it is the obligation of
to know and apply in the father to instill these things in the child.
their daily lives. And • “All those in charge of children” means anyone who is given the responsibility to take care
then over time they of them, such as a relative, or teacher, or day care staff etc.
will learn more and
• If the only way you can teach your child the Deen is to take out some money that the
more about Fard ‘Ayn
child possesses but is currently entrusted to you, then you can take from that money to
and Deen.
pay teachers to teach the child about Deen. If the child has no wealth, then their parents
must spend on their religious education.
• 7) Treating siblings fairly.
• The Prophet (SAW) said, “Fear Allah and treat your children fairly.” (Bukhari)
• If you have multiple children, it is almost inevitable that you will have a favorite, but you cannot
express that favoritism in an obvious way, such that one child gets more preference (for example,
by giving them more time, affection, attention, or material items,) and the others get neglected.
• A parent’s favoritism of a child creates resentment between siblings and causes problems down
the line.
• 8) Keep them away (as much as possible) from bad friends.
• It may sound strange to mention this as a right of a child if the child actually wants to hang out
with these friends, but it is actually a right they have upon their parents. Parents should not allow
their children to do certain things that will damage them and cause them harm physically and
spiritually, even if the children want to do those things. Parents should look after their children by
exercising a superior judgement in matters that their children do not have full recognition of.
• 9) Protect their fitra
• 10) Provide the gender specific education and • f) Preserve their dignity. Never belittle, mock, or
training that will allow them to develop into a (purposely) embarrass them in front of others. Treat
them with respect, especially as they get older. Do not
well-rounded man or woman. These include:
masculate daughters (treat daughters like men) or
• a) Life skills for a woman/wife/mother emasculate sons (treat sons like women.)
• b) Life skills for a man/husband/father • g) Teach them their God-given, fitri, roles as a man and
• c) Model respect for legitimate authority, as woman. The training of the boy should come mostly from
personified by the father (through the mother’s the father, and the training of the girl should come
interaction with the father) mostly from the mother. Do not punish or pathologize
• d) To carry responsibility well, take accountability normal, healthy feminine behavior in girls (e.g., shyness),
for actions, and take one’s duties seriously. or masculine behavior in boys (being competitive,
aggressiveness, etc.). Guide it and direct it.
• e) To challenge them in age and gender
appropriate ways, by not coddling them so as to • h) Modeling all of this—as parents, working on ourselves
let them rise to the occasion. to show our children that ‘Islam works,’ living our
(Do not be a ‘helicopter parent’ who is always purpose as Muslims, and that following the example of
ready to bail them out or ‘save’ them at the first the Prophet (SAW) and obeying Allah (SWT) brings
sign of struggle. Too much pampering, especially goodness and well-being.
for boys, creates weak, incompetent men.) • … and more (as this list is not exhaustive)…
Imam Ghazali’s advice about raising children
& not pampering them too much
• When raising children, especially boys, you have to raise them in such a way that they
don't feel that they are owed permanent comfort and convenience. Allow children to
experience a little bit of the privation of life. As children get older, they should learn
challenges and toughen themselves up.
• For example, if children are hungry don't just rush to feed them as if they're starving. Let them
wait a little bit for the food. If they're a little cold, don't rush to wrap them in blankets and get
them warm. If they're hot don't rush to turn on the air conditioning.
• They need to be shown that in life, they’re not always going to be warm on a cold day, and they’re
not always going to be cool on a hot day, and they’re not always going to be quenched on a hot
day, they’re not always going to be fed and pampered and comforted. And so you have to let them
just a bit of hardship in order to toughen them up. Obviously, this should not be done in an
extreme way, but the children should not be pampered too much.
• This is a particularly true for boys. For girls, there is some leeway as the Prophet (SAW) says to be
easy-going with the ‘precious vessels,’ so the rearing of girls is different, and they can be
pampered a little more.
Keeping Family Ties (Sila al-Rahim)
• The Prophet (SAW) said, “Verily, Allah made the creation and when He finished, the
womb said: ‘In this place, I seek refuge in you from those who sever me.’ Allah said: ‘Are
you not pleased that I keep good relations with those who are good to you and I will cut
off whoever severs relations with you?’ The womb said: ‘Yes, my Lord.’ Allah said: ‘Thus,
you will have it.’”
• Keeping family ties (Sila al-Rahim) is generally wajib, and cutting it is generally haram.
• It is fard ‘ayn to know what it means to keep family ties, as cutting of the family ties is a major sin.
• The reason why “generally” is used in this definition is because there are exceptions, and there
may be cases where a person may cut or limit the family ties for certain reasons.
• Keeping family ties has degrees, some surpassing others. The lowest degree is avoiding
Muhajara (abandonment). This means that the bare-minimum is giving Salams to them.
• The Prophet (SAW) said, “Connect your family ties, even if only with salam.”
Virtues of Sila al-Rahim
• It increases feelings of love and connection.
• Allah (SAW) connects the one who connects, and disconnects the one
who disconnects.
• The Prophet (SAW) said, “Verily, Allah made the creation and when He
finished, the womb said: ‘In this place, I seek refuge in you from those who
sever me.’ Allah said: ‘Are you not pleased that I keep good relations with
those who are good to you and I will cut off whoever severs relations with
you?’ The womb said: ‘Yes, my Lord.’ Allah said: ‘Thus, you will have it.’”
• It is a means of entering Janna.
• It is a means of expanding provision (rizq).
Warnings about cutting family ties
• The punishment is hastened in this life before the next.
• “There is no sin in which Allah hastens with its punishment in this life—along with what is
stored in the hereafter—like transgression [trespassing on the rights of others] and severing
family ties.” (Ahmad)
• There are many sins that a person may do in this life that they don’t get punished for it, not
because Allah (SWT) is neglecting to punish them, but because He is giving them respite (i.e.
forgiving them) or delaying their punishment for a more severe one in the Hereafter if He
doesn’t forgive them in this life. However, cutting the family ties is something that Allah
(SWT) will punish a person for in this life, before the Hereafter, as well as in the Hereafter.
• Even if it may seem like a person who oppresses and cuts family ties is not being punished,
they are or will be, and this punishment could come in different ways. The punishment may
not happen early on in their lives, it may happen much later, or even towards the end of their
life. It could even happen at the time of death, by denial of being able to say the shahada, or
dying in a bad state.
Warnings about cutting family ties
• The good deeds of one who cuts family ties are rejected
• “Verily the actions of the children of Adam are presented every Thursday night preceding Jumu’a—
and none of the actions of the one who cuts family ties are accepted.” (Bukhari)
• The one who cuts family ties does not enter Paradise with the foremost (i.e. those who
are among the first of those to enter Jannah)
• “The one who severs family ties will not enter Paradise.” (Bukhari)
– it was the practice of the early generations (sahaba, tabi’un, tabi’ tabi'in) was to simply read out
hadith like this (“such and such people will enter Jahannam,”) without providing context and
interpretation, in order to leave a strong impression on the one who hears them. But as
generations passed, to avoid wrong and deviant understandings of Qur’anic verses and ahadith,
the scholars had to provide the proper interpretations.
So it should be noted that for ahadith like this (e.g. “such and such people will enter Jahannam,”) ,
it does not necessarily mean that the sin being mentioned takes them outside of the fold of Islam.
Rather it means that they will not enter Janna among those who will initially enter Janna – they be
among those who are the last to enter Janna, after lots of interrogation and possibly punishment
in Hell. So ahadith like this do not necessarily mean that the type of people being described are
not Muslim, bur rather that they are sinful Muslims.
With whom must we keep ties?
• 1) Those with whom connection is obligatory – Mahram relatives. Mothers, fathers,
brothers, sisters, grandparents, aunts and uncles.
• Note that just because it is considered obligatory to keep ties with the Mahram relatives, that
does not mean that you dissociate from your cousins and other non-Mahram relatives, but rather,
that keeping ties with the non-Mahram relatives is at a lower degree of obligation than keeping
ties with your Mahram relatives.
• 2) Those with whom connection is recommended – non-Mahram relatives (e.g., cousins).
• The Maliki view is that Sila al-Rahim is obligatory for ‘relatives in general’ (mahram and non-
mahram)
• Scholars differ about who we have to keep family ties with. Some believe it is only wajib
to keep family ties with the Mahram relatives, while others believe it also includes the
non-Mahram relatives.
• Some were even of the opinion that if there is any relative who you would call “family,” then it
means you have to keep ties with them.
What does “keeping ties” mean?
• “Keeping ties” is by action (i.e. things we do) and statement (i.e. things we say.) Its forms
and frequency are determined by custom (‘urf, i.e. the norms of people in our time,
place, culture and socioeconomic standing). Thus, what is considered “keeping ties” may
differ from people to people, land to land, culture to culture, and even family to family.
• It is maintained with relatives we like AND dislike.
• Although, in cases of abuse/toxicity, one can minimize contact with a relative and keep it to a
bare-minimum (which is giving salams.) If there is a legitimate fear of harm from a relative, then
one can avoid that relative in order to avoid that harm.
• “Keeping ties” can include: visiting, sitting, smiling, giving salams, gift giving, phone calls,
emails, texts, responding to invitations, visiting when sick, attending their janaza, making
peace with them (where there has been a history of conflict,) asking about them (e.g.
when they are absent, or asking them about their immediate family members), teaching
them, helping them, making du’a for them, spending money on them as needed.
• Keeping ties is not just calling relatives to wish them “Eid Mubarak,” but also treating them well
when they are with you. It is not just words, or frequency of contact, but also behavior.
What does “cutting ties” mean?
• “Cutting ties” is by action (i.e. things we do) and statement (i.e. things we say.) Scholars differ over
what amounts to ‘cutting ties.’
• Imam Zayn al-Din al-‘Iraqi said, “It is by isa’a (bad treatment).”
• Other say it is by forsaking ihsan — there is no middle space between keeping ties or cutting ties: it is one or the
other. (This may be dictated by custom, in terms of frequency of contact, manner of contact etc.)
• The worst form of cutting ties is towards one’s parents. Next in severity is cutting ties with close
relatives (brothers, sisters, aunts, uncles), then distant relatives.
• Even within the Mahram relatives, there is a hierarchy. Parents take precedence, and siblings have priority over
aunts and uncles. And thus, cutting ties has degrees of severity.
• Examples include: enmity, backbiting, fighting, lying, slander, defrauding, etc. One form of ‘cutting
ties’ is neglect of kind treatment, and leaving what is customarily seen as “keeping ties” in the
custom of the people/that family.
• If a person is verbally abusing their relative, then this is cutting the ties, even though they are both physically
interacting with each other, because cutting the ties is not just ignoring them forever – it is also treating them
horribly.
• How long would you go without talking to a relative before they consider you neglectful? The answer can
depend on culture and the type of relationship you have with that relative.
Keeping ties where there is a long standing
family feud or conflict
• Issues surrounding family feuds may be complex and often depend on one’s particular
circumstance, but generally speaking: There’s no obedience to creation and disobedience to the
Creator.
• Just because a parent is doing something haram that does not mean that we should obey them
and imitate them in that haram action.
• In long-standing family feuds, the parents may be treating one side a certain way, and expect their
children to be loyal to them and thus also have animosity to those relatives. However, if that
animosity is unjustified, then for you to show animosity to them and cut the ties would be haram.
We do not do haram just because that is what our parents want us to do.
• Maintaining family ties in a situation where there is a family feud or serious conflict requires
some tact and depends on the situation.
• You may have to advise your parents, and you may have to keep ties with the relatives in a subtle way, in
order to avoid creating a bigger conflict with your parents. This subtle way of keeping the ties could be by
maintaining contact in a low-key manner, checking in on them, and also trying to minimize the conflict
between the two sides.
9.1) Fiqh of Financial Transactions:
Introduction
20/1/2023
Islamic Law
Islamic Law consists of: • Piety is not just in a single domain.
• 1) Worship (purity, prayer, fasting, zakat, Hajj, etc.) The proper Muslim observes the
right of Allah (SWT) AND the rights
• 2) Transactions (marriage, divorce, inheritance, buying of Allah’s servants.
and selling) • Islam is not just about performing
• One of the objectives behind transaction laws in Islam with acts of ibadah (praying, fasting,
regards to trading is to minimize confusion, corruption and reading Quran, etc.) If a Muslim
conflict that spoils relationships. performs all their acts of worship but
• It serves to prevent oppression and harm, and to prevent he cheats people in his business, that
discord between people. If the transaction is done improperly, is not the good Muslim.
violating the conditions set in the Shariah, then it is very likely • Likewise, the good Muslim is not the
that two parties will fight each other over it. Generally one who feels enlightened because
speaking, most of the time, when people experience conflict, it he does not cheat people in business
is over financial matters or in their interpersonal relationships. and/or they are good to people, but
By transacting properly, we can avoid these. they do not perform prayers, and just
neglect the haq of Allah (SWT.)
• 3) Criminal law (prescribed punishments, discretionary
punishments, etc.) • By learning transaction law, we are
• These are not Fard ‘Ayn for ordinary Muslims to know as it is better able to preserve the rights of
not something we have to deal with in our everyday lives. other people
Overview of Module 9
• 1) The default regarding business transactions
• 2) Broad ethics of buying and selling
• 3) Basics of ‘transaction law’
• 4) Conditions for a valid sale/trade
• 5) Permissible sales
• 6) Prohibitions in sales, namely: haram products, usury (riba), and gharar
• Note that this course provides a basic overview of financial transactions in Islam.
• If you have a financial transaction that is more complex, then the general points mentioned here
will not suffice, and you should consult with a Mufti to get an answer that is specific to your
situation. The Mufi that one consults about these matters needs to have a good understanding of
both fiqh and financial matters.
Principles of Islamic Law
“The default regarding matters is permissibility.”
(the exception to this pertains to meat and sexual relations – which are haram
by default until established as halal)
• Examples:
• Wearing a blue hat (legal classification: mubah/neutral)
• Drinking water with a straw (legal classification: mubah/neutral)
• Eating (clean) snow (legal classification: mubah/neutral)
• Walking to the store (legal classification would depend on the store – walking to the
grocery store for the purpose of buying apple juice would be mubah/neutral, but
walking to the grocery store for the purpose of purchasing alcohol would be
haram/impermissible, as purchasing alcohol is specified as haram in the Shariah.)
Transactions in Islamic Law
‫اْلصل في المعامَلت اْلباحة‬ ُ

“The default regarding transactions is permissibility.”
• Basic transactions that we conduct among ourselves: they’re default is
permissibility, except for the specific things that are prohibited within the
Qur’an and Sunna, and the things that are new which resemble them
closely enough to where they are considered to be essentially the same
thing.
• Thus, we do not have to prove (from the Qur’an and Sunna) that it is
permissible for us to buy and sell. Nonetheless evidences for the
permissibility of buying and selling are found in the Qur’an and Sunna.
Transactions in Islamic Law
• 1) The Qur’an orders us to • 2) Allah (SWT) says: • 3) Allah (SWT) says:
ُ ‫ِإ ََّّل أَن تَ ُك َ َن ِت َجـَٰرًة َعن تََراض ِم‬

‫نك ْم‬ ِ ‫ٱّللُ ٱْلَب ْي َع َو َح َّرم‬
‫ٱلرَِّ ٰ َا‬ َّ ‫َح َّل‬
َ ‫َوأ‬
fulfil our contracts and
agreements: َ
“…unless it is commerce done
ِ ‫ين ءامُن َا أَوُف َا ِبٱْلعُق‬
‫ َد‬ ِ‫يـٰأَُّيها َّٱل‬
‫ذ‬ “And Allah has permitted
ُ ْ َ َ َ َ َ with mutual consent…” [4:29]
trading and prohibited
“O you who believe, fulfill [your] • It is not permissible for Muslims usury….” [2:275]
contracts.” [5:1] to consume the wealth of
• This command is others falsely or unjustly, unless
comprehensive, proving that the transactions between the
the default is that business two parties is commerce done
transactions are permissible. with mutual consent (i.e. both
According to the meaning, parties are satisfied with the
every form of contract and transaction.)
agreement (with sound • In this verse Allah (SWT) did not
conditions) are included. make any other conditions for
trade, which indicates that
mutual consent is what permits
business transactions.
Permissibility of Financial Transactions
• The Prophet (SAW) forbade various sales but did not explain the permissible
ones. In doing this, he proved that the initial presumption for the validity of a
sale is that it is lawful.
• Imam al-Shafi’i said, “The general rule for all sales is permissibility as long as
they are concluded by consenting capable decision makers, except for what
the Messenger of Allah (SAW) has forbidden, or what is sufficiently similar to
that which the Messenger of Allah (SAW) has forbidden; and anything
different from those is permissible, following the permissibility of sales stated
in the book of Allah…”
• There are things which the Prophet (SAW) forbade very explicitly. But if a thousand
years later, a newfangled transaction is invented, and upon investigation, we learn that
the new invention is sufficiently similar to something he forbade, then that means the
new invention is forbidden.
Broad Ethics of Sales
• 1) Truthfulness and full disclosure
• The seller must give full and truthful information about the product, including its type, origin and cost.
• The seller should not withhold informing the buyer of the cost because they are attempting to get the buyer to
commit to purchasing the item first.
• The Prophet (SAW) said, “All merchants are resurrected on the day of judgments as sinners, except for those who
feared Allah, treated their customers well, and were truthful.” (Tirmidhi)
• 2) Ease of conduct
• The seller and buyer should not be too harsh in their conditions or insist on prices that are too high or too low.
• If a seller appears to be reasonably poor, then the buyer should not haggle with them to try to get a lower price.
Just pay a fair price and preserve the seller’s dignity.
• One can haggle a bit in a marketplace, but it should be done respectfully, but the agreed price should be
reasonable.
• The Prophet (SAW) forbade local people from acting as representatives/agents for newcomers to the city in trade,
as these agents would have much more knowledge about that marketplace and can trick the newcomer. Foreigners
are often tricked into paying a higher price for products compared to locals who are experienced with the market.
• The Prophet (SAW) said, “Allah is merciful to the man who is easy when he sells, when he buys, and when he
collects his loans.” (Bukhari)
Broad Ethics of Sales
• 3) Avoidance of swearing, even if truthful
• It is recommended not to swear in the name of Allah (SWT) in any sale (e.g. “Wallahi”), since it is disrespectful and
unworthy of the name of Allah (SWT).
• The Prophet (SAW) said, “Swearing destroys the goods, and wipes out their blessings.” (Muslim)
• 4) Frequent paying of charity
• It is recommended that a merchant pays charity often to atone for whatever swearing, cheating, hiding of
information, poor conduct etc. that he may have committed.
• The Prophet (SAW) is reported to have said, “O merchants, the devil and sins are present at each sale, so purify
your sales with charity.” (Tirmidhi)
• The marketplace is generally a place of heedlessness, and that is why the scholars say that it is discouraged for one
to recite Qur’an at the marketplace when it is busy, or to send salawat in situations where people are haggling.
• 5) Documentation and witnessing of all debts
• The default is that our word is our bond – verbal contracts are binding – so if we say we are going to do something
then we must do it and take it seriously. However, practically speaking, it is not really enforceable without
legitimate documentation. Thus, it is desirable that all contracts and loans be written, and that witnesses sign for
all delayed sales, partial payments, and debts. Allah (SWT) has prescribed this in the Qur’an (in verse [2:282].)
Everyday Transactions
• Transaction law can be complex. A lot of modern questions regarding transactional law
involve fiqh (i.e. knowledge of the rulings according to the Shariah) as well as fact (a proper
understanding of the matters involved.)
• For everyday transactions conducted by most people, we just need to focus on two areas:
• 1) Conditions for a valid sale/trade
• 2) Prohibitions in trade, namely:
• Haram products
• Usury (riba)
• Gharar (paying for that which is unknown)
• Selling things that are halal in essence but haram to sell because of their use
• If you are a seller and you have reasonable certainty that the buyer wants to use the products you are selling for a
haram purpose, then the transaction would not be permissible. Selling corn is halal, but if you sell it to a buyer
who is going to use it to make whiskey, then selling the corn to this vendor becomes haram.
• If you sell pens, and wine company reaches out to you to purchase pens from you, and the pens are being used for
office purposes and not directly used the production of wine, then this would be permissible. It is a transaction of
purchasing something halal for a halal purpose.
Conditions of a Valid Sale
• 1) The seller and buyer must be sane.
• If one or both parties are lacking aql (intellect,) they will not be able to make a proper decision
about buying/selling, and the contract of the transaction is rendered invalid.
• 2) The seller and buyer must have rushd (basically maturity and capacity to handle their
finances.)
• This does not mean that they do not have debts or don’t sometimes spend lavishly. It just means
that they have experience with money, and they are not wasteful or spend money frivolously.
• 3) The seller and buyer must consent to the sale (neither or them can be coerced unjustly).
• 4) The seller must own the item being sold.
• Famous Arabic saying: “The one who doesn’t have something cannot give it.”
• (The situation is different is someone is appointed to sell something on behalf of the seller – as this
is valid id done correctly.)
Conditions of a Valid Sale
• 5) The item for sale must be something known to the buyer and the seller (what
particular thing it is, how much it is, and what type, etc.)
• A seller cannot withhold the cost of product/service until after the buyer makes a commitment, as
this could allow the seller to inflate the cost once the buyer finally receives the item or the service
has been completed. The same is true for other aspects of the product/service (e.g. quantity, type,
quality, material used, etc.)
• 6) The item must be something that can be handed over.
• You might own 100 acres and have the rights to the wild animals in it, but you may not be able to
control them and hand them over (to a potential customer.) If you caught the animals and then
you wanted to sell it someone, then that would be permissible (as long as it is done appropriately.)
• 7) The contract of sale must be free of prohibited conditions.
• You can NOT add conditions to the sale that are haram (e.g. “I’ll sell you these grapes with the
condition that you use it to make wine.”)
• 8) The item sold must be lawful (halal.)
• Prohibited items would include anything haram, or debt, as it would constitute a ‘money for
money’ trade.
Offer and Acceptance
• There must be an ‘offer and • Examples:
acceptance’ – or there must be • Seller: “I’ll sell this to you for $50.” [express
‘mutual understanding’ that the verbal offer]
sale/trade is complete. Buyer: “Okay.” [express verbal acceptance]
• Seller: “This is yours for $20.” [implied
• A sale is not valid unless there is verbal offer]
an express or implied offer and Buyer: “I’ll take it.” [express verbal
acceptance. acceptance]
• Buyer: “I’ll give you $30 for that book.”
[express verbal offer]
Seller: “Sure.” [implied verbal acceptance]
Physical Exchange Sale
• A “physical exchange sale” (Mu’ata) is giving the seller the price (cost) and taking the item without
speaking.
• This defines most of our transactions – self-serve checkout or at cashier. So most buying and selling, as long what is
being bought/sold is halal, are all halal transactions.
• While there is no explicit offer and acceptance, there is an understanding between the buyer and seller (or person
representing the seller) that a sale is occurring at a pre-determined price, and there is a known procedure/custom
for this to take place, so this is a valid transaction.
• Examples:
• The shirt has a price tag on it, and you hand the seller (or cashier/employee representing that seller) that amount.
• You put $1 into a vending machine for a soft drink.
• You are in a marketplace, and know that in every shop, a dozen eggs is $2, so you grab the eggs and hand the
shopkeeper $2. There was no explicit offer and acceptance, but because the price is known, the sale can be made in
this way.
• This is permissible as long as it is customary and mutual agreement is understood and implied.
• The use of price tags is customary in many shopping places. The advantage of price tags is that it minimizes
confusion, it removes haggling and misunderstandings, and the buy knows if that price is going to be agreeable for
them without consulting the seller (or person representing the seller.)
Item of Sale Being Known
• It is not valid to sell something ambiguous or unknown.
• When a seller is trying to sell something unknown/ambiguous (which is termed
gharar), they are ‘taking a chance.’
• Examples:
• “I’ll sell you the sunglasses inside my pocket for $20” (without revealing the
sunglasses, nor explaining details about what kind of sunglasses they are.)
• “I’ll sell you all of the apples that grow on this tree.” (Without being able to physically
see the tree, the potential buyer has no knowledge of the size, quantity or quality of
the apples.)
• “I’ll sell you all of the fish in this pond.” (Assuming the pond is fairly large, even if the
potential buyer can see the pond, they still do not know how many fish are actually
in the pond, nor the type of fish, etc.)
Item of Sale Being Known
• The item of sale must be in view or observable (directly or virtually).
• There are some differences of opinion about an item being
observable.
• The Maliki school allows it as ‘sale by description’ or ‘sale by estimation.’
• ‘Sale by estimation’ is for example: A potential buyer saying, “I will buy your
entire flock of sheep at $100 per sheep,” by roughly estimating of the total
number of sheep. This is NOT ‘gharar’ because the amount of money per
sheep has been identified. So if it turns out to be 50 sheep, the buyer pays
$5,000.
Item of Sale Being Observable
• There is some differences of opinion about this, but another condition
according to many scholars is that the item for sale must be observable to
the potential buyer.
• There is a possibility that the item underwent a change in the time that the seller (or
person representing the seller) has possessed the item that is for sale, and that
change may make the item undesirable to the potential buyer.
• The item does not necessarily have to be physically observed. If the item is
accurately and honestly represented through video, pictures, specifications/data, etc.
(e.g. online shopping) that allows the potential buyer to make an informed decision,
then that would be permissible.
• It is ideal to avoid transactions that have too many unknowns that would leave a
buyer feeling dissatisfied with the product/service that they purchased, due to a lack
of information being disclosed about the product/service.
Item of Sale Being Observable
• “I’ll sell you one of the mens’ black Gucci polo shirt from the 2016 winter collection in size
medium, that in my closet,” (but the potential buyer has not physically seen the item.)
• Such a scenario is allowed in the Maliki school, but it is disallowed in the Shafi’i school (who take the
strictest view about buying and selling.)
• If there is trust between the buyer and seller, such that the buyer does not believe he would be
deceived by the seller, then a sale could be made by the seller offering a verbal description of the
product and specifying the price. (Example: a friend of yours said to you, “I have 1kg of Ajwa dates in
a box at home, and I can sell it to you for $40, do you want it?” And you agree and pay him, and he
drops it off at your house the next day.)
• “I’ll sell you my 2018 Honda Accord sitting in my garage.”
• According to the Shafi’i school, such a scenario would be allowed if the potential buyer has seen the
item before, and it is something that does not generally change within the time that has elapsed
since it was last seen.
• A car sitting in a garage for a month typically would not have undergone any significant change within
that time, so if a potential buyer saw it previously, then they can purchase it and go pick it up later.
Item of Sale Existing
• It is not permissible to sell a non-existent object, or an object The exceptions to this rule are:
that may cease to exist (in the near future.) • 1) Bay’ al-Salam (forward sales)
• The details of a currently non-existing item is unknown (size, type,
• Bay’ al-Salam is a contract for deferred
appearance etc.), and thus sale of such an item is a form of gharar.
delivery, where the buyer pays in advance for
• Examples: identified goods, which the seller will supply
• “I’ll sell you the calf inside that cow’s belly.” / “I’ll sell you on a pre-agreed dates. They must stipulate
whatever calf this cow delivers next year.” (The potential buyer the quantity and quality of the assets.
does not know if the cow will deliver/if calf will survive, and the • This is needed for large-scale economies
gender of the calf and its other aspects is still unknown.) with manufacturing basis.
• “I’ll sell you the milk in that cow’s udder.” (The milk may cease to • 2) Istisna’ (the sale of a manufactured
exist, and even if it does exist, before it is extracted from the udder, object with partial payments at different
its quality and quantity is still unknown. However, if one had
experience with cows and could roughly estimate how much milk
stages of production)
that particular cow would produce, based on its size, diet and • Similar to Bay’ al-Salam except that partial
other factors, then a sale of this type could be valid.) payments are made at different stages of
• “I’ll sell you all of the dates that grow from this tree next season.” production rather than all up-front.
(The quantity and quality of the dates that will grow from the tree • Even though the end product does not exist
next season is unknown, and something might happen to the tree yet in the beginning, it is progressively being
that prevents it from producing dates.) manufactured.
Items with Defects
• It is the responsibility of the seller to disclose products with defects.
• An online seller/retailer should not take photos in such a way that it hides the
defects of the item, or causes deception about properties of the item.
• It is the responsibility of the seller to be transparent and honest about the
item.
• If someone choses to buy them while being understandably aware of
the defects, then that would be a valid transaction.
• If you purchased a defective item, without being aware of the defects,
then you are not sinful, but the seller is if they knew about the
defects and did not disclose it (as that is deception.)
Conditions of Validity, Permissible &
Impermissible Transactions
27/1/2023
Learning Objectives
• 1) Permissible transactions
• 2) Forbidden transactions
Conditions of a Valid Sale (Recap)
• Mutual consent
• Ownership of the item (or representing the owner)
• Item must be known—what it is, its type, cost, etc.
• Must be something that can be handed over
• Must be halal (excludes things that are haram, impure, or ‘money for
money’ sale of debts).
• Offer and acceptance
Permissible Transactions
These are ‘transactions’ and not all forms of buying and selling.
• Lending an item
• There are rulings about what would happen if the item that was lent gets damaged in its
normal use, or from negligence.
• ‘As is’ sales—provided the defects are known.
• Example: garage sale – there is a different level of wear and tear on the items being sold.
• In the Maliki school, seller cannot say, “Inspect it yourself and take it as it is.” Rather, the
seller must actively disclose all significant defects.
• Posting bail (daman)
• Debt transfer (hawala)
• Example: If Khalid owes ‘Amr $50 and ‘Amr owes Zayd $50 dollars, ‘Amr can tell Khalid to pay
Zayd directly. This is permitted provided Khalid and Zayd accept dealing with one another.
• Loan of an item for common use (‘Ariyya)
• There is a distinction between ‘lending an item’ and ‘loan of an item for common use.’ Lending an item could be
for something of really high value (e.g. car,) but loaning an item for common use is basically the lowest form of
charity/sadaqa (as mentioned in Surah al-Ma’un) – It is a type of charity that involves lending an item of use, such
as a tool (e.g. a pot, set of spoons, bowl, etc.)
• The borrower is responsible for the item until returned. If it breaks in the process of normal use, it is not the
responsibility of the borrower to compensate the one who loaned the item. But if the item broke because the
borrower was using it in a way that is outside of way the item is normally used, then the borrower would be
responsible for compensating the one who loaned them the item.
• Hiba (gifts) and Sadaqa (charity)
• Charity and gifts are considered transactions because something is being transferred from one person to another.
• Gifts to one’s children must be equal among siblings (i.e. no blatant favoritism,) unless the other children consent.
• Judges, governors, and zakat collectors may not accept gifts, unless it is outside the area of their jurisdiction. This
is because otherwise gift-giving may be seen as a form of bribery.
• Hiring and renting
• Examples: hiring someone to paint your house for a fixed price, renting an object house
• Sale in bulk
• For example, a restaurant owner may send a wholesaler a payment for a bulk shipment of meat.
• Use of collateral (rahn)
• One who owes a debt can give a creditor an asset that the creditor would assume as his own if the
debt is not paid. Upon repayment, the collateral is returned.
• If ownership of the asset transfers to the creditor, they are free to do whatever they want with it
(within the realm of permissibility.)
• Deposits
• It is allowed to request a deposit, provided it is returned back to the one who paid it (according to
the agreed upon terms.)
• If one invests the deposit money and makes a profit from that investment, one can keep this profit
(as long as one returns the principal amount back to the one who originally paid the deposit.) But
if one loses the money, they are liable for it, and they still need to pay back the one who paid
them the deposit, according to the agreed upon terms.
• Non-refundable deposits are NOT permissible.
• Endowments (waqf/hubus)
• Awqaf (plural of waqf) is a form of charity, which is an asset such as property or land, donated for
a specific cause with no intent of being taken back.
• In Islamic history, awqaf is an absolutely wonderous and amazing example of altruism and
barakah that continued generation after generation within the Ummah. It really formed the
backbone of society.
• For example, in Syria, in the time of Imam Nawawi, there was all sorts of different awqaf, including just a
single waqf for making yogurt and giving it to madrasa students memorizing Qur’an. So people invested
money into this endowment, so the money is regenerating through the businesses, but they are making
yogurt and distributing it to madrasa students. Something as simple as that and then these things endured
up until the post-colonial period when most of these awqaf were nationalized and eventually they
disappeared.
• There are different forms: an investment of money that is regenerated, property, land, etc.
• Once an endowment is made, it does not get transferred into a business for the person’s profit.
Forbidden Transactions
• Prohibited transactions generally involve one or more of the
following:
• 1) Usury (riba/usury)
• 2) Gharar (paying for that which is unknown)
• 2) Selling/ purchasing prohibited (haram) products
• 4) Selling halal items to one who will use them for a haram purpose
• Fraud: to conceal faults, adulterate things (watering down), over-rate, or mislead (cause
deception.)
• Example: adding water to milk and advertising it as pure milk.
• Hoarding: to buy a large quantity of items, that are considered staple in a particular place (or for a
particular purpose,) and hold on to them until the demand increases, so that the price can be
marked up and you can make a profit. The high demand occurs because of scarcity, and this scarcity
increases because of hoarding. (One may do this for non-staple goods that people do not need in
their daily lives. It is the artificial scarcity created by hoarding for the purpose of raising the price
which is impermissible)
• Transacting with ignorant buyers: it is forbidden for a city-dweller to go out to the Bedouins and
sell to them, because the Bedouins do not have awareness of the market and cannot compare
prices. It is the same with foreigners or those vulnerable to being fooled, by locals who have
experience and understanding of the marketplace.
• Sellers should not inflate their prices because the potential buyer does not know better about what is a
reasonable price for the items that are for sale.
• Price tags help to prevent this form of forbidden transaction.
• Invalid conditions: any stipulation in the sale contract that contravenes the
purpose of the sale, or is insignificant and does not invalidate the sale, but
the condition is invalid.
• When you purchase something, you have the right to do with it what you will (within
the realm of permissibility), and the seller has no right in forcing the buyer to use the
item in a particular way. And a stipulation which tries to do that is contradicting the
purpose of the sale, which is full ownership.
• If a cloth merchant stipulates that his cloth can only be used for make pants, then
the transaction would be valid, but the condition to only use the cloth to make pants
is invalid and does not have to be honored by the buyer.
• Someone selling a home stipulates that the buyer must live in the home, as opposed
to fixing it up and reselling it to someone else. The contract would still be valid, so
the house can be sold to the buyer, but the stipulation is invalid.
• Gambling: risking one’s wealth on an act of luck, skill, or work.
• Gambling/betting involves paying something which may or may not happen (i.e.
chance.) Examples include lotto tickets, sports betting, etc.
• Note that wagers are different and are NOT considered gambling. Example: In a
wrestling competition, and the organizer announces that whoever wins the match
will get $500, so the $500 is basically prize money. The wrestlers are not paying any
money to participate in the match – so there is no betting. (However, if one of the
wrestlers invested their own money into the amount for the prize money, then this
would be gambling and is impermissible, as he is putting money into something
which may or may not happen for him. The outcome of the match is based on skill or
chance, but he does not know with certainty if he will win or lose )
• In the time of the Prophet (SAW,) people would wager in horse racing, camel racing,
wrestling, etc. And there are certain caveats and stipulations regarding this.
• Non-refundable deposits: A deposit one makes towards a purchase, but if the
purchaser cancels the sale, he loses the deposit. This is forbidden.
• Example: You have to pay a non-refundable deposit of $40 to do a course, and the cost of the
course itself which is $60, but if you end up leaving the course half way through, you do not
get the $40 deposit back. This is not permissible for the course organizer to do.
• The only type of deposit which you can take is a deposit which gets returned to the depositor
when they fulfil the conditions.
• Purchasing stolen goods: If a person knows the goods are stolen, then purchasing
them is invalid, and the goods are to be returned to the owner. If the buyer did
not know the goods were stolen, then item is returned to the (original/rightful)
owner and the buyer seeks compensation from the seller for fraud.
• Gift-giving without transfer of ownership (nuhl): This is when a person
gives a gift but retains ownership of it. This is prohibited because it blurs
the lines of ownership.
• Example: Someone says, “This is yours as a gift, but you will only take full ownership
of it (or you can only use it) after my death.”
• This is only permitted if the child is a minor and cannot manage the wealth/item at
the time that they initially receive it, and so it is entrusted to their parent who
manages it on the child’s behalf. The parent must hand over the wealth/item to the
child when the child reaches the age of rushd.
• Price-fixing: It is haram for a ruler to demand that a product be sold for a
certain price, or that merchants be disallowed from raising or lowering
their prices. (We’re not communists/socialists!)
• A ruler cannot demand that all egg farmers sell their eggs at $2 per egg.
Forms of Prohibited Transactions,
Riba & its forms
3/2/2023
Prohibited Transactions
Riba (Interest/Usury)
• Linguistically, riba means “increase or increment” – something which increases
incrementally. Legally, riba is “an increase in one good for another in an exchange
without compensation for the increase.”
• Riba is making money from money without contributing in any way.
• Some people incorrectly try to make a distinction between usury and interest by arguing that
interest is permissible, but usury is an exploitative type of interest which is haram (impermissible.)
But this is invalid.
• Note that this course provides a general overview of riba and its basic forms. It does not
go into detail about all of the types and the exceptions and caveats.
• Like the prohibition of alcohol, the prohibition of riba occurred gradually through
commandments in the revelation of the Qur’an.
• In the early days of Islam, as more people gradually embraced Islam, and as increased in Iman and
their faith strengthened, there came a gradual discouragement, leading to the eventual
prohibition altogether.
The Mention of Riba in the Qur’an
1) Surah ar-Rum:
ِ‫ٱّلل‬
َّ ‫اس َف ََل َي ْرُِّ َا ِع َند‬ َّ ‫َو َما ءاتَْيتُم ِمن ِرًِّا ِلَي ْرُِّ َ َا ِفى أ َْم َٰ َ ِل‬
ِ ‫ٱلن‬
َ
“That which you give in usury that it might increase through other people’s
wealth does not increase with Allah.” [30:39]
This verse is not necessarily referring to the usury of loaning money and charging
interest. Scholars say the verse is talking about giving gifts with the intention of
receiving a favour in return at a later time. So whoever does gifts something with the
intention of receiving something greater in return, will not receive a reward from Allah
(SWT.) Thus riba (of the monetary sense) was not dealt with in Mecca.
The verse does not say that riba is haram, just those who gift with the intention of
getting a favour in return are not receiving a reward from Allah (SWT.)
2) Surah al-Nisa’:
ِ ‫َخ ِذ ُِم‬
‫ٱلرَِّ ٰ َا َوَق ْد ُن ُه َا َع ْن ُه‬ ْ ‫أ‬
‫و‬ َ
ُ
“And for their taking usury, though they had been forbidden it…” [4:161]
When the Prophet went to Medina in the first year of Hijra and had interactions
with the Jewish people living there, Allah (SWT) revealed verses that describe of
the qualities of Bani Israel, for which Allah (SWT) cursed them and chastised
them. One of these is that the Bani Israel took usury, even though they were
forbidden from consuming usury.
In this revelation, there is no direct prohibition to the Muslims, but Allah (SWT) is
preparing them for it (just as the prohibition of alcohol came gradually in stages.)
3) Surah al-‘Imran:
‫ٱّللَ َل َعَّل ُك ْم تُْفِل ُح َ َن‬
َّ ‫ضـٰ َعَف ًة ۖ َوٱتَُّق َا‬ ‫م‬ ‫ا‬ ‫ف‬ ‫ـ‬‫ع‬‫َض‬
‫أ‬ ِ ْ ِ َّ
ُّ
َ ًَ ْ َٰ ‫ا‬
َ ٰ ِّ
‫ٱلر‬ ‫ا‬
َ ‫ل‬
ُ‫ك‬ ‫أ‬
َُ ‫ت‬ ‫َّل‬
َ ‫ا‬
َ ُ َ َ َ ‫َيـٰأَُّي َها‬
‫ن‬‫ام‬ ‫ء‬ ‫ين‬‫ذ‬ ‫ٱل‬
“O you who believe, do not consume interest, multiplying it many times
over. And be mindful of Allah, so you may prosper.” [3:130]
This was revealed just before the Battle of Uhud (3rd year after the Hijra.) Allah
(SWT) addresses the believers with a prohibition of riba.
4) The severest verses about riba came shortly before the Prophet (SAW) passed away. In Sura al-Baqara:
ِ ‫ٱّللُ ٱْلَب ْي َع َو َح َّرم‬
ۚ ‫ٱلرَِّ ٰ َا‬ َّ ‫ل‬َّ ‫َح‬ ‫أ‬
‫و‬ ۗ ‫ا‬
َ ٰ ِّ ِ
‫ٱلر‬ ‫ل‬ ‫ث‬
ْ ِ ‫س ۚ َٰذلِك ِبأََّنهم َقاُل َا ِإَّنما ٱْلبيع‬
‫م‬ ِ ‫طـ ُٰن ِم َن ٱْلم‬َ ‫ي‬ َّ ‫ط ُه‬
‫ٱلش‬ ُ ‫ب‬
َّ ‫خ‬ ‫ت‬
َ ‫ي‬ ‫ى‬ ‫ذ‬ِ ‫ٱلرِّ ٰ َا ََّل يُق َم َن ِإ ََّّل َكما يُق َم َّٱل‬
ِ ‫ن‬ َ ‫ل‬ُ‫ْك‬
ُ ‫أ‬‫ي‬ ‫ين‬ ِ ‫َّٱل‬
‫ذ‬
َ َ َ َ ُ ُ ْ َ َ ْ ُ َ َ ْ َ َ ُِ َ َِ َ ُ َ َ َ َ َ
‫يها َخـٰلِ ُدو َن‬ ِ‫ٱلن ِار ۖ ُم ف‬ َّ ‫ٰب‬ ‫ـ‬ ‫ح‬ ‫َص‬ ‫أ‬ ‫ك‬ ‫ئ‬ِٰ‫ٱّللِ ۖ ومن عاد َفأُوَلـ‬ ‫ى‬ ‫ل‬ ِ
‫إ‬ ‫ۥ‬ ‫ه‬
‫ر‬ ‫َم‬‫أ‬ ‫ف‬ ‫ل‬ ‫س‬ ‫ا‬‫م‬ ‫ۥ‬ ‫ه‬ ‫ل‬ ‫ف‬ ‫ى‬ ‫ه‬ ‫ٱنت‬ ‫ف‬ ‫ۦ‬ ‫ه‬ ِ
ِّ
‫ر‬ ‫ن‬ ‫م‬ ًۭ َ ْ َ ‫َف َمن َجا َءهُ ۥ‬
‫ة‬ ‫ظ‬ ‫ع‬ِ َ ‫م‬
َ ُْ ُ َ ْ َ َ َ ْ َ َ َّ َ ُ ُ ْ ‫َّ َ َ َ ٰ َ َ ُ َ َ َ َ َو‬
‫ٱّللُ ََّل ُي ِح ُّب ُك َّل َكَّفار أَِثيم‬ َّ ‫ٰت ۗ َو‬ ِ ‫ٱلصدَقـ‬ ِ ُ‫ٱّلل‬
َ َّ ‫ٱلرَِّ ٰ َا َوُي ْرِِّى‬ َّ ‫َي ْم َح ُق‬
ِ ِ ‫ٱّللَ َوَذ ُروا ما َب ِقى ِم َن‬ ِ ‫يـٰأَُّيها َّٱل‬
َ ‫ٱلرَِّ ٰ َا ِإن ُكنتُم ُّم ْؤ ِمن‬
‫ين‬
َ َ
َّ ‫ا‬
َ ‫ق‬
َُّ‫ين ءامُن َا ٱت‬
َ َ َ ‫ذ‬ َ َ
ْ ُ‫ظلِ ُم َ َن َوََّل ت‬ْ َ‫وس أ َْم َٰ َلِ ُك ْم ََّل ت‬ ‫ِۦ‬ ِ َّ ‫َفِإن َّلم تْفعُل َا َف ْأ َذن َا ِبحرب ِمن‬
‫ظَل ُم َ َن‬ ُ ‫ٱّلل َوَرُس َلِه ۖ َوإِن تُْبتُ ْم َفَل ُك ْم ُرُء‬ َ َْ ُ ََ ْ
“Those who devour usury will not stand except as stands one whom the Shaytan by his touch has driven to
madness. That is because they say: ‘Trade is like riba’, but Allah has permitted trade and forbidden riba.
Those who after receiving direction from their Lord desist shall be pardoned for the past; their case is for
Allah (to judge); but those who repeat (the offense) are companions of the fire. They will abide therein.
God will deprive usury of all blessing, and He will give increase for deeds of charity. For He loves not
creatures ungrateful and wicked….
O you who believe! Fear God, and give up what remains of your demand for riba if ye are indeed believers.
If you do not [give up riba], take notice of a war from God and His Apostle; but if you turn back you shall
have your capital, without increase or diminution.” [2:275-276, 2:278-279]
4) The severest verses about riba came shortly before the Prophet (SAW) passed away. In
Sura al-Baqara:
“Those who devour usury will not stand except as stands one whom the Shaytan by his
touch has driven to madness. That is because they say: ‘Trade is like riba’, but Allah has
permitted trade and forbidden riba. Those who after receiving direction from their Lord
desist shall be pardoned for the past; their case is for Allah (to judge); but those who repeat
(the offense) are companions of the fire. They will abide therein.” [2:275]
Allah (SWT) is saying that those who consume usury will face a punishment in the Hereafter, because
they thought regular buying and selling was like riba in that when you sell a product, you receive
money upfront, and when you loan money to a person with riba, you get money at the end – so
whether the money is at the beginning or at the end, you’re getting money, so they’re both
transactions. But Allah (SWT) has permitted trade and forbidden riba. Those you obey Allah’s
command about this and stop doing riba will be pardoned for doing it in the past. But those who
continue to do riba will be punished in the Hellfire.
4) The severest verses about riba came shortly before the Prophet (SAW) passed away. In Sura al-Baqara:
“God will deprive usury of all blessing, and He will give increase for deeds of charity. For He loves not creatures
ungrateful and wicked….
O you who believe! Fear God, and give up what remains of your demand for riba if ye are indeed believers.
If you do not [give up riba], take notice of a war from God and His Apostle; but if you turn back you shall have
your capital, without increase or diminution.” [2:276, 2:278-279]
Allah (SWT) says He will deprive usury of blessing and increase blessings for deeds of charity. Societies that are
based on riba do seem to flourish economically than those that do not, at least on the surface. But the marker
of economic success is not just what is happening now, but the overall situation between now and the
Hereafter, as well as the overall situation of a single civilization. One civilization can thrive for a certain number
of generations even with riba, but that use of riba in the society creates economic and social conditions that
have far-reaching implications, some of which may only manifest generations from now that could lead to its
utter doom. Thus, we cannot adopt a myopic vision of what economic success is. A person who is engaged in
riba and is making a lot of money may be considered successful by a certain standard, but not by the standard
of Allah (SWT.)
Allah (SWT) commands the believers to give up riba, and warns them that if they do not give it up should take a
notice of war from Allah (SWT) and the Prophet (SAW.) And no one could win such a war.
The Mention of Riba in the Sunna
• Towards the end of his life, in one of the farewell sermons, the Prophet (SAW)
announced an official end to all the riba transactions that were going on prior to
the Conquest of Makkah: “Indeed, every usury from the usury of jahiliyya has been
abolished, and the first usury that I abolish is the usury of al-‘Abbas b. ‘Abd al-
Muttalib.” (Bukhari)
• Imam Fakhr al-Din al-Razi describes the form of riba that was common during the time of
jahiliyya: “As for the usury of credit, it is a matter that was well-known and customary in
jahiliyya. They would give money on the basis that every month they would take a specific
amount while the principal remained unchanged. When the specified time had passed, they
would reclaim the principal from the borrower. If he was unable to pay it, extra time would be
granted and there would be more monthly payments.”
In practice, this would be like if a person loaned you $1000 with 12 months (1 year) to pay it
back. So at the end of the year, you pay back $1000. So the riba is not in you paying back that
final sum. The riba is that, in return for the person giving that loan, every single month you
have to pay them a certain amount, like $25. And also, if you cannot pay by end of the year, the
monthly payments you have to make would still continue.
The Mention of Riba in the Sunna
• The Prophet (SAW) said, “Stay away from seven mortal sins.” They said, “O
Messenger of Allah, what are they?” The Prophet said, “Idolatry with Allah, occult
magic, killing a soul that Allah has sanctified except for a just cause, consuming
usury, usurping the property of an orphan, fleeing the battlefield, and accusing
chaste but unwary believing women.”
• In the hierarchy of sins, there are major and minor sins. There are about 70 major sins, and
among them there are 7 especially destructive sins, and one of these 7 is consuming riba.
• The Prophet (SAW) said, “Allah has cursed the one who consumes usury, its client,
its witness, and its recorder. Usury and adultery do not become widespread among
people but that they will become vulnerable to the punishment of Allah Almighty.”
• This is an important hadith because some people believe that the only riba that is prohibited is
the riba that you consume from others when you loan the money. They think that if you are
not consuming riba by taking money from others, but you are paying riba to someone else,
then that is not prohibited. But this hadith clearly shows that paying riba is also sinful. It is not
just about benefitting from riba.
The Types of Riba
• 1) Riba al-Nasi’a (delay) • Books of fiqh go into a lot of detail about the different types
• 2) Riba al-Fadl (surplus of riba, and it can be very complex. This course will just
exchange) provide an overview of the basic types of riba, and will focus
a lot on the third type as that is the most prevalent type
• 3) Riba al-Duyun (debts) that we deal with.
• Riba al-Qard (loan) • Historically, a lot of details in fiqh books are describing laws
• Riba al-Jahiliyya (default) which are mainly applicable to an agricultural society, because
that used to be the human norm. In a society where everything
is localised, things are harvested and prepared locally and they
are exchanged hand-to-hand in weights and measures, and the
exchange is not just going to be in the form of money but also
other commodities.
• But modern society uses supply chains, so commodities are
provided at stores and are brought in by trucks, and money
exchange can occur through banks.
Riba al-Nasi’a (Riba of Delay)
• Riba al-Nasi’a is loan for a stipulated period with a stipulated interest charge, payable by the debtor.
That is, “the addition of a surplus or extra amount, to an originally transacted sum, for the party
awaiting delivery of what he or she has transacted for.”
• Basically, it is an exchange between two parties where there is a delay involved, The creditor is going to exchange
something, and the debtor is going to exchange something, but not immediately – there is a delay, and in that delay,
the creditor is taking benefit, not only from the money they still have, but also what the debtor gives them. And the
wealth taken from the debtor does increase in value over time.
• Any commodity that gains its increase simply because of time passing is riba al-nasi’a.
• Example of riba al-nasi’a: Zayd gives 100 grams of gold to Khalid today, and Khalid gives him 100 grams
of similar gold tomorrow. This is a form of riba because Khalid is deriving extra benefit from it. There
was a delay in the exchange – it was not ‘hand-to-hand’ (on the spot).
• Example without riba al-nasi’a: Zayd goes to the bank to exchange 1000 US dollars for Canadian dollars.
The transaction occurs on the spot (i.e. immediately.). This type of exchange means there is ‘real
possession’ (qabd haqiqi). If instead, the bank transferred the money to your account, and you have
access to your account, this is called ‘virtual possession’ (qabd hukmi), and it is halal.
• The bank cannot hold the money and say, “Come back for the Canadian money tomorrow,” – otherwise the bank
would benefit from that delay as the value of the money increases over time, and it would be a form of riba al-nasi’a
Riba al-Fadl (Riba of Surplus)
• Riba al-Fadl is surplus riba – it is an unequal exchange of the same commodity.
• Example: Bilal has 10kg of really old dry dates. Samir says, “I will exchange your 10kg of dry dates for 5kg of
ripe dates.” This is the same commodity – dates for dates – but Bilal’s are of lower quality, while Samir’s are of
higher quality. Thus, Samir would end up with a surplus of dates – 10kg instead of the 5kg he originally had.
• The commodities which are exchanged in riba al-fadl are currency or staple items, and there are 6
specific ones mentioned in the books of fiqh (as they were mentioned by the Prophet [SAW]
explicitly):
• Currency: gold and silver,
• Staple items: dates, barley, wheat, and salt.
• If the commodities are different, then it is not riba al-fadl, and it is permissible.
• It would be permissible to exchange 10kg of barley for 10kg of dates because barley and dates are not the
same commodity. Similarly, it is permissible to exchange 40g of gold for 40g of silver.
• Note that the measure (quantity/weight) also has to be equal for the exchange to be permissible.
• Does riba al-fadl only apply to the 6 things (gold, silver, dates, barley, wheat and salt) mentioned,
or do the rulings extend to other commodities as well?
• The answer lies in understanding the ‘illa (effective cause) about the prohibition applies to these 6 items in
the first place…
Types of Commodities for which Riba Can Apply
• Currency: The scholars said the ‘illa (effective cause) for gold and silver is they are a ‘medium of
exchange’. Thus, anything that is considered a medium of exchange in society is considered like gold
in silver in this regard. This is the majority position.
• Paper money (i.e. banknotes) would be no different to gold and silver in this regard, as it is a medium of
exchange. So anything that is a medium of exchange that works like gold and silver in the purpose of transacting
and selling, then the rules of riba would apply to it. (Note that this is referring to banknotes of the same currency
that are used as the medium of exchange in a particular society – as otherwise currency conversion would be
considered a form of riba, and currency conversion is permissible.)
• If seashells were used as the medium of exchange in a particular society, then the ruling of riba would apply for
the seashells.
• Food items: The ‘illa for the food items is that they are staples that are suitable for long term storage
(thus it applies to rice, lentils, etc.). Prohibiting riba in these items prevents injustice in the trade of
these items, as these items are needed by the people in everyday life (and that is also why hoarding
of these items is a forbidden transaction.)
• But others say the ‘illa is because they are food. And others say it is because they are sold by weight and volume.
• This is not something we really have to worry about in our everyday life when buying and selling, as
we are typically not trying to exchange like-for-like.
Riba al-Duyun (Debts)
• Riba al-Duyun is a type of debt interest that arises when people lend or borrow
money. It is any increase in borrowing or lending money, paid in kind or in money
over the loan amount, as a lender-imposed condition or willingly by the borrower.
• Someone borrows money from someone at a certain percentage interest rate, and then
when the person is paying it back, they end up more than the principal amount that they
initially borrowed. So the person who loans the money is benefitting financially from the
loan.
• If you want to get a loan, there are 3 options and only 2 are permissible:
• 1) Riba al-Duyun – the one who loans the money charges interest. (Haram/impermissible)
• 2) Money is loaned as a form of ihsan (goodness) – this is the default for loans in Islam,
because when you loan money, you are helping the person, and you are not trying to benefit
from that loan. (Halal/permissible)
• Principle mentioned by scholars: Any benefit which that you take from money loaned to another person
is haram. This benefit may not be monetary – it could be a favor or the like.
• 3) Entering a partnership with someone (musharakah) – the money is given and you both
share in profits and losses. (Halal/permissible)
Riba al-Duyun (Debts)
There are 2 types of riba al-duyun:
• 1) Riba al-Qard: Riba is imposed from the start, and is dependent on the length of time the
borrower takes to repay the loan.
• For example: Ali borrowed $100 from Khalid on 10% interest for one year. Upon maturity, Ali will pay $110
(Principal amount: $100; Interest: $10) to Khalid.
• 2) Riba al-Jahiliyyah: Riba that happens because of the default of payment, and there is no riba at
the beginning of the contract. This occurs when a creditor in a deferred exchange contract asks
the debtor for additional money on the original debt. In exchange for an increase in debt, the
creditor agrees to allow the debtor to postpone the debt payment.
• Basically, the person is paying extra money to the debt collector in return for postponing the repayment time.
• For example: Harith owes Marwan $1000 on January 1. Because Harith was unable pay Marwan on the agreed
date, Marwan agrees not to collect Harith’s debt until February 1, in exchange for Harith agreeing to pay him
$1200 instead of $1000. The Shariah strictly prohibits this transaction.
• The other form of this would be paying the interest in monthly installments, as well as paying the principal
amount at the end.
Modern Riba Transactions
• 1) Commercial bank interest
• Interest is added to bank accounts that are gained due to the bank holding the money. You cannot
keep this and use it. You must dispose of it (e.g. by donating it for public welfare projects like potholes,
parking lots, etc. - it should not be given with the intention of charity, since it is impure money.)
• 2) Credit card interest for late payment
• It is allowed for a person to use a credit card, provided they know that they have the funds to pay
before the deadline so that they do not pay interest. But if they lack the funds, or they exceed the
payment deadline, such that they owe interest payments, then this is haram.
• 3) Home and car loans
• These operate on riba, and there is nothing one can do to avoid paying riba.
• People may find halal alternatives through Islamic financing organizations. Some of them do not have a
good history, but if one finds one that they have confidence in, and that has the backing of scholarship,
then this is an option for them.
• 4) Student loans
• The way these work differs from country to country.
Encountering Riba & Advice about Riba
• NOTE: It is not fard ‘ayn to know all of the details of riba transactions; however, a Muslim is required
to know the ruling of Allah (SWT) for everything they do. Thus, if one is involved in a particular
transaction, it is fard for them (not everyone) to know the ruling on it in the Shariah and act
accordingly.
• A word of caution: Riba can be snuck into transactions through carefully worded language, such as
changing the meaning of words (e.g. “monthly fixed-rate payment.”) What is important is
understanding the meaning of the words, not the actual words which are used. If the words in the
contract mention a system that is, or is similar to riba, then it is haram.
• In some situations, you may need to pay a higher cost up-front in order to avoid paying riba. This is a
sacrifice a person may have to make to avoid the haram.
• Often, payment plans will include the option to pay upfront ($120/year), or an option to pay monthly
($15/month) but at a higher amount overall ($180/year). The one who chooses to pay by month ends up paying
more because they are paying the principal amount ($120) as well as (essentially) interest ($5/month,
accumulating to $60/year). And so in the long-term, the cheaper option is actually paying upfront anyway, and it
also means you avoid paying the interest.
• It is best to only pay for what you can afford already. Getting involved with things that you cannot
actually afford just sets you up for getting dragged into riba.
Interest in Dar al-Ḥarb
• The argument of permissibility to deal with interest in • Although transaction of interest with the non-
non-Muslim countries stems from the difference of Muslims in Dar al-Harb was allowed by Imam
opinion in the permissibility of riba in a Dar al-Ḥarb Abu Hanifa subject to certain conditions, the
(“Country of War”). Hanafi scholars have differed in majority of the fuqaha including the Hanafi
this since the time of Imam Abu Ḥanifa. jurists have not accepted it and the Fatwa has
• According to Imam Abu Yusuf, only those transactions always been given on its impermissibility.
that are permissible between Muslims are permitted • One issue lies in whether non-Muslim countries
where Muslims reside can be classified as Dar al-
between Muslims and non-Muslims in Dar al-Ḥarb (i.e. Harb. And a country is indeed considered to be
non-interest-bearing transactions,) whereas Imam Abu Dar al-Harb, thus allowing Muslims to have
Hanifa and Imam Muhammad permit interest-bearing interest-bearing transactions with non-Muslims
transactions between a Muslim and non-Muslim in a within that country, then we shouldn’t we also be
Dar al-Ḥarb. There is also a difference of opinion following every other ruling that governs how
Muslims should be with regards to Dar al-Harb? If
regarding the transaction between a Muslim and a
so, that would include not living in Dar al-Harb to
ḥarbi (“warrior,” resident of a Dar al-Ḥarb). begin with! We cannot pick and choose rulings
• All the Imam’s agree that Muslims who have entered applicable to one situation and discard all the
other rulings which are also applicable to that
into a Dar al-Ḥarb are not allowed to deal in interest
situation.
amongst each other..
Gharar (Unknown/Hidden Risk) as a
Prohibited Transaction
10/2/2023
Loyalty/Rewards Programs & Programs
Offered by Credit Cards
• Loyalty programs whereby people earn points for each order they make (or
bonus miles for airlines, etc.) are permissible. As long as someone is paying
their fees on time to avoid interest there is no problem availing oneself of
these reward programs.
• However, if the banks are issuing points as a form of interest on one’s
deposit, or points that can only be redeemed by purchasing products that
are haram, then it would not be permitted.
• (When it comes to any specific rewards/loyalty program, the terms and
conditions have to be analyzed, because not all programs operate the same
way, and this may affect the ruling.)
Definition of Gharar
• Linguistically, gharar translates as “danger.” It is also defined as
“Something with a likeable appearance but disliked reality.”
• (Similarly, the Qur’an mentions that the dunya is “a deceptive enjoyment.”)
• Legally, a gharar sale is “exposing oneself or property unwittingly the
possibility of perishing.”
• There is a possibility that you do not actually get anything out of the
transaction.
Prohibition of Gharar
• The origin of the prohibition of gharar can be found in the Qur’an, even
though the term is not explicitly mentioned anywhere. Rather, the Qur’an
explicitly forbids maysir (in [2:219], [5:90–91]), which is a game of arrows
that operates on chance. Thus, one who plays it is paying for an unknown
outcome – there is a possibility of winning or a possibility of losing. Maysir
came to be seen as an all-encompassing term for all types of gambling, that
is, using money to buy something unknown that involves uncertainty and
risk (of an undesirable outcome.)
• The most explicit prohibition of gharar comes in the hadith. Some are
general, and some mention it in forbidden sales or contracts. The
Messenger of Allah (SAW) prohibited gharar sales and pebble sales.
Gharar
• Gharar is any sale that incorporates a risk that affects one or more of
the parties to the contract and may result in the loss of property.
• “What is not known to exist in the future…”—Qarafi
• “That whose nature and consequences are hidden.”—Shirazi
• “That which is undeliverable, whether it exists or not.”—Ibn al-Qayyim
• Gharar is broad ignorance of the nature, type or description of an
object of sale. It often involves deception. It is tied with uncertainty,
jeopardy, risk.
Exceptions/Pardonable forms of Gharar
• Imam al-Nawawi said: “The prohibition • There are some pardonable forms of gharar because by the
of gharar sales is a fundamental part of nature of the transaction, these are unavoidable.
Islamic law, under the topic of which • Before buying a house, during the home inspection, it is
many issues may be included. Two impossible to inspect every square inch of the house. You cannot
items are excluded from the topic of dig underground to inspect the foundation of the house. So when
buying the house, there are some unavoidable unknown aspects,
gharar sales:
but these are not considered gharar.
• 1) Items that are included as part of a
• Similarly, when you want to buy a bunch of carrots that are still in
sale, and that may not be sold separately
the ground, you can see their stems, but not the carrots
(e.g. the foundation of a house, or milk in
themselves. Perhaps you pull out one or two to inspect them, but
the udder belonging to an animal).
you cannot do that for all of them. So when you agree to buy a
• 2) Items that are customarily tolerated, bunch of carraots, there will be some uncertainty about the size,
either due to its insignificance, or the weight etc. of some/many of the carrots.
difficulty of identifying (e.g. the fees for
• At a public bathhouse, you pay a fixed price to bath there,
using a [public] bathroom where the
regardless of how much water you actually end up using when
amount of water used in the bath may
you bath there. Because it would be impossible to measure the
vary, drinking from private waters, and
amount of water each person uses, the uncertainty is pardonable.
the amount of cotton used in the lining of
a garment.)” • The haram gharar is that which is avoidable…
Types of Gharar Sales
• Pearls in shells
• E.g. “I’ll sell you however many pearls I get in my next dive for such and such.” But they have not gone diving
yet, and it is unknown how many pearls they will actually catch.
• Unborn animals in the womb
• Fish in the water prior to catching them
• Prior to being caught, the fish are not deliverable.
• Birds in the air prior to hunting them
• Prior to being hunted, the birds are not deliverable.
• Selling “someone else’s property” on the understanding that he will buy it and then deliver it (i.e.
selling something that one does not actually own and is owned by someone else)
• It is like planning to buy a clock at a yard sale (for $20), but before you have purchased it, you list it on eBay
(for $80,) and plan to pick it up from the yard sale later so that you can ship it to whoever is going to buy it
from you on eBay. The eBay transaction can not be able to take place since the person does not actually have
the clock yet.
• Drop-shipping sort of operates on this principle – the “seller” is representing third parties which are selling
things that they do not actually posses.
Types of Gharar Sales
• Touch sales
• E.g. “Whichever dress you touch, it is yours.” Just because you touch something that does not
necessarily mean it is the item that you desire.
• Discarded items sales
• E.g. “I sell you this old iPhone 12 when I discard it, for $200.” It is possible that something may
happen to the item between the offer being made, and when the person choses to discard the
item. The item could get damaged, stolen, lost etc. in that time. So it is like paying to own
something in the future, when the circumstances or the item itself may change.
• Pebble sale
• E.g. “I sell you this land to the farthest point to which you throw a pebble.” So a person would
throw a pebble, and wherever the pebble landed would determine the land that would be sold to
them. So the transaction is based on chance (and the person’s throwing ability.)
• E.g. “Throw this pebble, then whichever dress it falls upon is yours.”
(Note that some of these are defective sales from the start)
Gharar and Ignorance
• Gharar and ignorance may be grouped into three types:
• 1) Substantial/major gharar, which is haram by agreement of the scholars —e.g., selling birds in
the sky.
• This includes the sale of things which are unpredictable, uncertain, undeliverable, or for which its qualities are
unknown.
• 2) Minor but allowed gharar—e.g., the foundation of a house, potatoes in a specific plot of land.
• These include transactions which have a certain amount of uncertainty/ignorance, but that is unavoidable by
nature of the transaction i.e. you cannot inspect every single aspect of the item[s], (e.g. you cannot inspect
every single part of a car’s engine and such before you buy it.)
• This type of gharar is often applicable in situations where a potential buyer has the option to inspect the item.
You may be able to inspect some of items, but not every single one before making the purchase (e.g. In a
punnet of strawberries, you can view some of strawberries on the sides of the punnet. Without opening the
punnet, you cannot see what the strawberries in the center look like, but you assume from the ones that you
can see that most of them are good qualities.) And for the aspects of a product which are unreasonable for
one to inspect, the gharar is pardonable.
• 3) Intermediate gharar with different opinions about it being halal or haram.
Investments and Business Decisions
• If you buy something as an investment, and the investment may or may not end
up being profitable, this is NOT gharar, it is just acceptable business risk.
• It is not the same as buying into something which may or may not happen (gharar), because
you are have knowledge about the business deal or investment you are buying into, and just
like any other business deal or investment, it is unknown whether or not it will be successful.
• The outcome of the investment/business decision being successful or not is unrelated to the
transaction of buying into the investment/business decision.
• For example: You may buy a restaurant with the hopes that it will be profitable.
When you buy the restaurant, you are already aware of specific things about it,
such as where it is located, what facilities it has, how big it is, etc. You are not
buying the restaurant without knowing any information about it. Whether or not
the restaurant ends up being profitable later on is not related to your purchase of
it, and is just an acceptable business risk.
Modern Gharar – Insurance
• Insurance is unlawful (haram) according to • Insurance is paying for an unknown.
Shariah, because it has either an element Premiums are paid while the return is
of interest (riba) or chance (qimar), and uncertain. One may lose the premiums paid
these are both explicitly forbidden by or receive in return more than what was paid.
Allah (SWT) in the Qur’an. • You might pay $20,000, but receive $30,000.
• One is paying for something which does not • Generally, you just pay the premium year after
exist: a possibility of something which may year, and you never see that money again.
or may not happen in the future. You’re not actually buying anything.
• The Islamic Fiqh Academy (Jeddah), and • (There are certain Halal forms of cooperative
which consists of top recognized scholars
from around the globe researched the issue
agreements where people pull their money
in considerable depth. The meeting was together into a fund to help people who are
attended by 150 such scholars from 45 experiencing hardship – this is permissible
Islamic Countries, and they unanimously when done correctly, and not the type of
declared all types of prevalent insurances to gharar insurance discussed here.)
be unlawful.
Caveats about Insurance
• In general, insurance is impermissible, unless there is a legal requirement
(in the land where a person lives,) or other mitigating circumstances, such
as health insurance in countries where not having it can lead to financial
ruin if someone where to experience a serious medical condition. (Zuhayli,
al-Fiqh al-Islami)
• If you live in a place where there's socialized health care, and all of your needs will be
taken care of by the social insurance of the country through taxes (e.g. Canada,) then
you would not get health insurance. As one is not at risk of financial ruin if they were
to become seriously ill, one should not take out health insurance since it is haram by
default.
Insurance Only Allowed In Cases of Necessity
• When the scholars allow such car insurance or health insurance, they are applying the legal maxim:
“The forbidden becomes permissible due to duress (darura).” (The maxim means, “Necessities make the
forbidden things permissible.”) Darura is usually defined as the threat of losing life or limb. But there is
no threat to life or limb in not having a car… So the scholars extend the maxim with another maxim:
“Difficulty (haja) shall be treated as duress (darura).” (The maxim means, “The need that a person has
can be considered as darura.”) So overall what this means is: “The specific need that a person has in
society can take the place of a necessity.”
• If one didn’t have insurance, one could not drive a car. This does not pose as an immediate and unavoidable threat to
one’s life or property. Rather, it poses a significant difficulty (haja) which in certain scenarios can be great enough to
be treated as duress (darura).
• For many people, life can become very difficult for people if they do not have a car, especially in places where public
transportation is not good or unsafe, and they have to go to work and take care of needs, etc. So although it is not a
threat of losing life or limb, it becomes a dire need, and the dire needs in those circumstances as if they are
necessities. Thus, if one was in this situation, they would be able to get car insurance.
• Similarly, if one had a catastrophic accident or debilitating illness that hospitalizes them, without health insurance,
that could financially ruin them.
• So those in this kind of situation would be able to get care/insurance because it is a necessity for them in that society.
Choosing Only the Most Basic Insurance Plan
• If car/health insurance is allowed in cases where it is a necessity in the
society, then does that mean one should only choose the most basic
insurance plan?
• The default is yes, you only choose the most basic insurance plan. You only want to
pay as little as possible into this transaction which is gharar in essence. You make this
transaction out of necessity because of your situation in the society you live in, not
because you want to. And because you are forced to get insurance, you should
choose only the most basic cover.
• But if one is required to pay a higher insurance premium to avoid the risk of wasting
money and time on costly repairs on a cheaper vehicle in the long-term, this would
be permissible based on the need. The application of this exception depends on an
individual’s situation, and whether or not it should be treated as duress (darura), or
mere convenience, and it is recommended that a person seek a fatwa from a scholar
that is specific for their situation so that it is as accurate as possible.
Property Insurance
• Some scholars class property insurance as being permissible as an
indemnity against personal injury claims that can occur if someone
was injured on one’s property.
• Many landlords will only rent a home out to a person on the
condition that the tenant gets renters insurance.
• Again, the dire need is treated as though it is a necessity, allowing
what is normally forbidden to become permissible, thus allowing one
to get property insurance if they need to or are forced to.
Travel Insurance
• Travel insurance has the default ruling of impermissibility, unless one
is traveling to a destination where there is a very strong possibility of
ending up in a situation that would leave one in extreme hardship
(e.g. traveling to a war-torn country to provide humanitarian aid,
where an injury is likely and medical costs are high and could cause
financial devastation.)
• In some situations, the travel insurance may be imposed on you.
• If you want to go for Hajj or Umrah, you have to get traveler’s insurance, as it
is part of getting your visa, and you have to show proof of that when you go
through the airport. (Note that this does not mean you should not go for Hajj
or Umrah.)
Employee Insurance
• If an employer arranges a contract for the employee, where the
employer is putting money into some form of insurance, then there is
no sin or blame on the employee. The employee may benefit from
the policy should the need arise.
Life Insurance
• Life insurance pays out after you die, so it basically operates on the risk of
dying. And once you’ve died, you cannot use the money.
• The scholars who are more lenient with other forms of insurances have less
lenience with life insurance, because you cannot argue that it is a necessity.
The default is that life insurance is haram.
• Those who argue in favor of life insurance say that while life insurance is
not a necessity for you, it may be a dire need that takes the place of a
necessity (in a certain context) for your family members. If a scholar gave a
fatwa allowing life insurance under certain conditions, and a person trusts
them, then they can follow that position.
Cover Plan Contracts (e.g. Emergency Road
Assistance)
• For emergency road assistance services, there is a fixed premium paid per year. When one
becomes a member, they pay for the service which the company offers, which is their readiness
to provide assistance at any time. The money which is being paid is for the service.
• This company does not pay for any damages to the car. If you are short of fuel they will bring the
fuel for you, but you will have to pay for the fuel.
• If one did not use their service during the course of the year, then the payment still remains, as
one is paying for the service of them being there for you at any time.
• It may seem like you are paying for something which is unknown, as you do not know if you will
actually need roadside assistance in any given year. But what you are really paying for is the
service of them being available and coming to assist you should you need assistance (for a flat
tire, flat battery, running out of gas, etc.) This is not gharar, as what you are paying for is clearly
defined. This is unlike insurance, where you do not even know if or how the insurance company
will assist for the damages you experience – they may say that the damage is not covered by the
insurance plan, or your car is too old for repairs, or they might not pay you as much as you
require to cover the damages, etc.
Social insurance
• Some countries have social insurance – citizens of the country pay
taxes for services like healthcare and such.
• Social insurances paid by governments or retirement and insurance
funds to public servants are all valid (Sh. Wahba al-Zuhayli.) These
monies are similar to the bayt al-mal, from taxes collected by the
government from wages.
• While it is unlikely that all the transactions made the government are halal,
because all the money is mixed up, whatever money you receive from the
government in the form of social insurance would be similar to what a person
would get from bayt al-mal (the public treasury.)
General Advice about Insurance
• Look carefully at what insurance you have. If it is a necessity or that of a dire need, then
keep it. If you find that it’s not serving a need, then reassess it, and try to avoid what you
can reasonably avoid without too much detriment to your life.
• Do not get every kind of insurance – there is no dire need for them.
• In some societies, you cannot escape some forms of insurance. But try to avoid what you can.
• Remember, the default for insurance is that it is haram because it is gharar, and the only
time you should get insurance is if you are forced to out of necessity – in cases where it is
a dire need, and not having it could cause serious hardship and/or lead to financial ruin.
• The exception applies where the dire need takes the status of a necessity, granting permissibility
to what is usually forbidden.
• If you are uncertain about something in a contract, or how insurance may/may not be
applicable in your specific circumstance, the try to get a fatwa about your specific
situation from a scholar who understands the fiqh, and how these insurance schemes
work.
Unlawful transactions & cooperation
in sin
17/2/2023
Prohibited Products (Haram in Essence)
• It is impermissible to sell unlawful ِ ‫يهما ِإ ْث ًۭم َكِب ًۭير ومَنـِٰف ُع ِل َّلن‬
‫اس‬ ِ ‫ َن َك َع ِن ٱْل َخم ِر وٱْلم ْي ِس ِر ۖ ُق ْل ِف‬
َ ‫َي ْسـَُل‬
ََ َ َ َ ْ
(haram) products (i.e. haram in ‫َكَب ُر ِمن َّنْف ِع ِه َما‬ْ ‫َوِإ ْث ُم ُه َما أ‬
essence,) such as: “They ask you ˹O Prophet˺ about intoxicants
• Wine (and other forms of alcohol) and gambling. Say, ‘There is great evil in both,
• Haram foods (pork) as well as some benefit for people—but the
• Statues (does not refer to toy evil outweighs the benefit.’” [2:219]
figurines/dolls)
• Alcohol and gambling are not used for anything
• Lewdness but sin.
• Lottery tickets (as it is a form of • The essence of gambling is haram – it is not like
gambling) something that is halal in essence but gets used
• Illicit drugs for a bad purpose.
• In theory, one could use the profits made from
gambling for a good cause, but that money is still
inherently unlawful.
The Default is To Avoid Doubtful Matters
• “And whosoever fears Allah, He will make a way out for him and provide him from
whence he did not expect. And whosoever puts their trust in Allah, He is sufficient for
him.” [65:2-3]
• If try your best to have taqwa of Allah (SWT) in how you transact yourself, Allah (SWT) will make a
way out for you in the time and manner of His Choosing.
• “Whoever guards against the doubtful matters, will protect their religious commitment
from shortcomings and their honor from slander, but whoever falls into that which is
doubtful, will [inevitably] fall into that which is unlawful, like a shepherd who grazes his
flock around prohibited land; he will soon graze in it.” (Bukhari and Muslim)
• If someone is not involved in doubtful matters, then no one can say anything against them
regarding that.
• If you get near to the haram due to engaging in a doubtful matter, it is inevitable that you will end
up doing haram.
• “Leave that which makes you doubt for that which causes no doubt.” (Tirmidhi, Nasa’i.)
The Default is To Avoid Doubtful Matters
• The underlying principle is that it is unlawful to help anyone in any manner in
committing a forbidden act. Allah (SWT) says:
‫ٱْل ْث ِم َوٱْل ُع ْد َٰو ِن‬
ِْ ‫وتَعاوُن َا َعَلى ٱْلِب ِر وٱلتَّْق َ ٰى ۖ وََّل تَعاوُن َا َعَلى‬
ََ َ َ َ ََ َ
“…And cooperate in righteousness and piety, but do not cooperate in sin and
transgression…” [5:2]
• If it is haram to do something, then it is haram to help someone do it.
• It is better to avoid working in a place that deals with both halal and haram
items.
• But this is not always a simple matter, as some people may be a situation where it is
difficult to avoid this kind of workplace, either due to the job market, or their level of
education, or the customer demand in the society they work in, or some other factor.
Types of Assistance in Sin
• 1) Assist in the actual sin itself • 2) Be a means to bring about the sin (‫)السبب إلى المعصية‬.
(‫)اإلعانة على المعصية‬. There are 3 A person may not assist in the sin itself, but still be a
categories, which are all haram, means for the sin to occur. There are 3 categories of
and both the buyer and seller are this:
considered sinful: • 2A) Direct means, such that if it had not been for this
• 1A) The person intends to assist in person, the sin would not have been committed (e.g.,
the sin (e.g., Selling grapes with the Insulting someone’s parents, thus causing them to insult
intention that the buyer will make your own parents – although you did not insult your
wine from it). parents, you were the direct cause of having someone insult
• 1B) The sin is clearly mentioned in your parents.)
the transaction (e.g., Selling grapes • 2B) Direct means that helps the sinner achieve the sinful
to a buyer who mentions his act (e.g., Bringing alcohol to someone who wants to drink
intention of making wine from it). it—even though bringing the alcohol did not bring about
• 1C) The person sells something the sin, it directly help the sinner to commit the sin).
which has no other purpose except • 2C) Distant, indirect means to the sinful act (e.g. An Uber
sin (e.g. Selling pornography, driver dropping someone off at a nightclub where they are
lottery tickets, etc.) likely to consume alcohol)
Rulings about Cooperation in Sin
• Assisting in the sin itself is haram. [1A, 1B, 1C]
• Includes selling/purchase haram items (which can only be used for haram, like lottery tickers, pornography etc.) as
well as items which are halal in essence, but it is intended or known that it will be used for the haram purpose. Grapes
are halal in their essence – they are halal to consume and can be used to make halal products (grape juice, grape
flavored products, raisins etc.) But if used to make wine, then the selling/purchasing of grapes becomes haram.
• Both the seller and buyer are sinful.
• Being a direct means for the sin to occur is haram (makruh tahrimi in the Hanafi school.) [2A, 2B]
• Being an indirect means of sin, when a person knows that a sin would be committed, would be makruh
(disliked.) [2C]
• If you know that your indirect assistance is likely to cause someone to commit sins, then that is disliked, but not at the
degree of being haram. The causal connection between your indirect assistance and them performing the haram
action is not direct, and you may not be aware of what their intention is. For example, if you were an Uber driver
summoned for the purpose of dropping someone off at a nightclub, while it is likely that the passenger is going to
consume alcohol at the nightclub, they may have a different reason for being dropped off there, such as meeting
someone outside the nightclub, and never entering the nightclub and going somewhere else to have dinner.
• If the person did not know that a sin would be committed at the time of the transaction, but rather only learned of it
later, one will be excused. You are not expected to have knowledge of what people are doing when you are not
present to witness it, nor informed about it.
Should one refuse customers who are doing
or intend to do something haram?
• One is not directly responsible for haram items that someone has in their possession, (so long as
one is not facilitating that haram through direct means.)
• If you are a taxi/Uber driver, and you pick up a customer and they have a bottle of alcohol with them, then
you are not directly responsible for them consuming that alcohol, nor facilitating a means for them to
consume it.
• You may also not have the means to scan customers for haram products to determine if they have any in their
possession. How would you differentiate between a person carrying halal groceries or haram groceries?
• When working as an employee for a company, you may not be able to refuse to work with
customers, or you could refuse, but it at the risk of negative consequences. One who owns a
business (or one who works for themselves) typically has more control in choosing the clientele
that they work with and could refuse clients.
• Company policy can be used to dictate what kind of customers a company with work with.
• People should have the right to deny service to those who are disrespectful or want them to do something
that is in violation of their moral values.
• If one is feeling uncomfortable or uncertain about their work situation, they should present it as a
question to a Mufti to get a fatwa about it. Otherwise, people have to choose what they feel is
closer to taqwa for them. If they want to avoid working with certain customers because they feel
uneasy about the doubtful matter, then they can explore the means of avoiding that.
Working as a cashier at a grocery store that
sells halal and haram food items
• There is a distinction between one who works selling only haram items, and thus all their
transactions are haram, and one who works selling mainly halal items as well as a few
haram items, and they may not be involved in handling all the transactions.
• The cashier is not really a wakil (agent) of the store owner. They are paid for handling the
goods and processing data.
• The cashier is not permitted to sell haram goods on behalf of another (e.g. an employee
representing the seller/brand,) according to general agreement of the scholars (i.e. the
position in the school of Imam Shafi’i, Imam Malik, Imam Ahmad ibn Hanbal, and the
position of Imam Muhammad and Abu Yusuf within the Hanafi school.) To do so would
be considered ‘assisting in sin.’
• There is no difference of opinion regarding selling haram goods directly (i.e. not on behalf of
another person,) as that is definitely haram.
Working as a cashier at a grocery store that
sells halal and haram food items
• It is permissible to work in a place that sells both haram and halal items, as one’s
income would come from the halal portion forming the majority of the profits.
• Even though that company is making a portion of their profit that comes from the sale of
haram items, the majority of the profit comes from the sale of halal items. Although the
money is mixed up, what you receive as an income defaults to being halal, since the majority
of the profits are halal.
• So you could conceivably work in a grocery store that does sell haram products, so long as you
are not directly handling the haram products, nor facilitating their sale, nor selling it on behalf
of someone else. In practice, this could be done by only working in departments that do not
involve handling haram products, or swapping roles with another employee when there is a
customer who is looking to purchase a haram item.
• It is haram to be a means for selling, processing, or carrying items (i.e. stocking
items available for purchase) that are haram to customers.
What if I can’t find halal work?
• Take the position of Imam Abu Hanifa. According to Imam Abu Hanifa, the actual form of
employment is permissible, and one is not responsible for the acts of others (particularly
non-Muslims.) (Zayla’i, Ibn ‘Abidin 6:391)
• If one has independence (i.e. are not being looked after by parents – either they are single, or are
responsible for a wife and/or children,) and they have no means to support themselves, then they
could, temporarily, take this position of Abu Hanifa. This is because working is a necessity to
support themselves, and this work is currently the only option they have. But they should still try
to find halal work.
• This would not apply to a teenager, who is being financially taken care of by their parents, and
who wants to work and can only find work at a place where they have to handle haram.
• Abu Hanifa’s two main students oppose this view and instead follow the majority position, which
is that; the cashier is not permitted to sell haram goods on behalf of another as doing so would be
considered ‘assisting in sin.’
• Look for halal work, ask Allah (SWT) to facilitate a halal job in the meantime, dislike
involvement in dealing with any haram items.
• If possible, one should try to avoid dealing with the haram products while working.
• It is better to work in something that is doubtful, over something that is haram.
Working in financial institutions
• A lot of the concerns about cooperating in haram transactions relate to working in financial
institutions.
• The scholars look at a person’s role and duties in their work to determine whether they are
directly facilitating riba transactions, or if it indirect work for the bank for other things too.
• Take the example of someone was developing software for the bank. If the software was used ONLY
for the purpose of riba transactions, then they would be directly contributing and helping in the
haram, and since this is prohibited, their job is haram.
• However, if they the software was used for riba transactions but also for other things as well, such as
accurate record-keeping and measuring growth etc. then it includes both halal and haram
applications, and because they are not solely and directly helping in the haram, so this would be
permissible.
• People who are unsure if their job is permissible should list the exact duties they have and
what are expected to do in their job, and bring that to a Mufti and ask them if it count as
direct assistance in the haram, or if it indirect in because what they do also has halal
applications.
Conclusion
• Muslims are to stay away from what Allah has prohibited and avoid
buying it, selling it, consuming it, or assisting others in doing that.
• However, for those who live in a non-Islamic country, in which haram
products are abundant and widespread, they are to consider the
percentage of haram products in the transactions. If the proportion or
percentage of transactions of haram products is relatively small,
(meaning, it is not the majority,) then we would take the fatwa that
this is not haram (Abu Hanifa), but one should seek employment that
doesn’t involve transaction of haram products.
Importance of halal transactions
• The Prophet (SAW) mentioned the case of a man who, having journeyed far, is dishevelled and
dusty, and who spreads out his hands to the sky saying “O Lord! O Lord!,” while his food is haram
(unlawful), his drink is haram, his clothing is haram, and he has been nourished with haram, so
how can his supplication be answered?
• If one wants their du’a to be answered, they must ensure they are consuming halal. If a person is not careful
about their transactions, they may earn haram and purchase food with that haram money, and nourish
themselves and their children with the fire (of Hell.)
• Haram food/meat is not the only type of haram that people can consume! Someone may
consume something which is halal in essence, but the money used to pay for it comes from a
haram transaction.
• It is good to review the rulings for transactions every now and then, to ensure that we are
thinking about the permissibility of the transactions we make.
• People go into autopilot mode where they transact without giving any thought to the validity of their
transactions and whether or not they involve anything questionable.
• By knowing what is halal, questionable and haram, one can be more aware of the transactions they make in
their daily life, and thereby protect themselves and their family from consuming the haram.
10.1) Principles of Halal & Haram
in Islam
3/3/2023
Principle 1
‫األصل في األشياء اإلباحة‬
“The default of things is permissibility.”
Allah (SWT) says in the Qur’an:

‫يعا‬ ِ‫ض ج‬
‫م‬ ِ ‫َر‬ ‫ٱْل‬
ْ ‫ى‬ ِ ‫ُ َ َّٱل ِذى خَلق َل ُكم َّما‬
‫ف‬
ً َ ْ َ َ َُ
“It is He who created all things in the earth for you…” [2:29]
‫ٱلرْز ِق‬ َّ ‫َخرج ِل ِعب ِادِه ۦ و‬

ِ ‫ٱلطِيَبـٰ ِت ِم َن‬ ‫أ‬ ‫ى‬ ِ
‫ت‬ َّ
‫ٱل‬ ِ‫ٱّلل‬
َّ ‫ُق ْل َم ْن َح َّرَم ِز َين َة‬
َ َ َ َْ
“Say, ‘Who may prohibit the adornment of Allah that He brought forth for His servants, and
the wholesome provision?’” [7:32]
Principle 1
• The default concerning all matters is permissibility (with few exceptions, namely, meat and sexual
relations.)
• All things are halal by default, and what is haram is an exception to this general permissibility.
• Just because meat and sexual relations are exceptions to the maxim (“the default of things is permissibility”),
this does not mean that we can do whatever in all other matters. As Muslims, we must not engage in anything
until knowing the ruling of Allah (SWT) concerning it.
• In Islam, the sphere of haram is small, while the permissible is vast.
• Some people hold the misconception that Islam is very strict, and believe that most things are haram and few
things are permissible. But in fact, what is halal is vast, but in the world we live in today, the haram is made to
seem as more beautiful and appealing, and the avenues of halal are made more difficult.
• Nothing is haram except what is prohibited by a sound and explicit revealed text within the Qur’an or
in the Sunna.
• There are things that are prohibited that are not explicitly mentioned in the Qur’an and Sunna, but they are
prohibited because they bear a strong enough likeness to things which are explicitly prohibited, as mentioned
in the Qur’an and Sunna. For example, certain forms of riba were not exactly prohibited in the Qur’an and
Sunna in the exact form they take today, but they bear sufficient likeness that they are grouped within those
things.
Principle 2
Allah (SWT) alone has the right to make halal and haram.
• Allah (SWT) is the Lawgiver (al-Shari’). Making things halal or haram is His exclusive right.
No one other than Him has the right to make something haram or halal.
• When we refer to the Prophet (SAW) as the Shari’, that is only because the Prophet (SAW) is
conveying the rulings from the true Shari’/legislator, which is Allah (SWT.)
• No one has the right to abolish or legislate over any of the judgements/rulings of Allah (SWT.)
• Allah (SWT) says in the Qur’an:
ِ ِ َّ ِ ِ‫ٱّلل ۚ وَل َََّل َك‬ ِ ‫ين ما َلم ي ْأ َذن ِب‬ ِ ‫أَم َلهم ُشرَكـٰؤا َشرع َا َلهم ِمن‬
َ ‫ص ِل َلُقض َى َب ْيَن ُه ْم ۗ َوِإ َّن ٱلظـٰلم‬
‫ين‬ ْ ‫ف‬
َ ‫ل‬
ْ ‫ٱ‬ ‫ة‬
ُ ‫م‬
َ ‫ل‬ َْ ُ َّ ‫ه‬ َ ْ َ ِ ‫ٱلد‬ َ ُ ُ َ ُ َ ُْ ْ
‫َل ُه ْم َع َذاب أَِليم‬
“Or do they have associate-gods who have ordained for them some ˹polytheistic˺ beliefs, which Allah
has not authorized? Had it not been for ˹prior˺ decree on Judgment, the matter would have certainly
been settled between them ˹at once˺. And surely the wrongdoers will suffer a painful punishment.”
[42:21]
• If someone took it upon themselves to decide which things are halal or haram, then generally, it
would take someone outside of the fold of Islam.
Principle 2
• The Qur’an blamed the Jews and Christians for granting legislative power to their rabbis and priests:
ِ‫ٱّلل‬
َّ ‫َحَب َارُُ ْم َوُرَُْبـَٰن ُه ْم أ َْرَِّ ًابا ِمن ُدو ِن‬
ْ ‫ٱتَّ َخ ُذوا أ‬
“They have taken their rabbis and monks as well as the Messiah, son of Mary, as lords besides Allah” [9:31]
• The rabbis and priests had no right to make up laws and legislate what is halal and haram, and Allah (SAW)
condemned them for this practice.
• The Qur’an also blamed the idol-worshippers for legislating and prohibiting things without any
authority from Allah (SWT):
‫ٱّللِ تَْفتَ ُرو َن‬
َّ ‫َّللاُ أَِذ َن َل ُك ْم ۖ أ َْم َعَلى‬
َّ ‫اما َو َحَلـٰ ًَل ُق ْل َء‬
‫ر‬ ‫ح‬
ً ََ ‫ه‬
ُ ‫ن‬
ْ ِ ‫ٱّلل َل ُكم ِمن ِرْزق َفجعْلتُم‬
‫م‬ ََ َ ‫ُق ْل أ ََرَء ْيتُم َّما أ‬
ُ َّ ‫َنزَل‬
“Ask ˹the pagans, O Prophet˺, ‘Have you seen that which Allah has sent down for you as a provision, of which you
have made some lawful and some unlawful?’ Say, ‘Has Allah given you authorization, or are you fabricating lies
against Allah?’” [10:59]
• Also:
ِ‫ٱّلل‬
َّ ‫ين َيْفتَ ُرو َن َعَلى‬ ِ‫ٱّللِ ٱْل َكِذب ۚ ِإ َّن َّٱل‬
‫ذ‬ َّ ‫ى‬ ‫ل‬
َ‫ع‬ ‫ا‬‫و‬ ‫ر‬ ‫ت‬ ‫ف‬
ْ ‫ت‬ ِ ‫صف أَْل ِسَنتُ ُكم ٱْل َكِذب ُـٰ َذا حَلـٰ ًۭل وُـٰ َذا حرام‬
‫ل‬ ِ َ‫وََّل تَُق َُل َا ِلما ت‬
َ َ َ َ
َ ُ ًۭ َ َ َ َ َ َ َ ُ ُ َ َ
ِ
‫ٱْل َكذ َب ََّل ُيْفِل ُح َ َن‬
“Do not falsely declare with your tongues, ‘This is lawful, and that is unlawful,’ ˹only˺ fabricating lies against Allah.
Indeed, those who fabricate lies against Allah will never succeed..” [16:116]
Principle 2
• The role of the jurist (faqih/mufti) does not go beyond explaining what Allah (SWT) has
made halal or haram. They are NOT legislators. They only convey the hukm (judgement)
of Allah (SWT.)
• Imam al-Shafi’i records in al-Umm that Abu Yusuf, a chief student of Imam Abu Hanifa,
said: “I witnessed that our knowledgeable teachers avoided saying, ‘This is halal and that
is haram’ apart from what they found clearly stated without requiring an interpretation
in the Book of Allah…Some of the companions of Ibrahim al-Nakha’i told us that when
they gave a judgment concerning something they would said, ‘It is disapproved,’ or
‘There is no harm in it,’ rather than saying ‘It is haram,’ or ‘It is halal.’…”
• There are numerous reports from Imam Abu Hanifa, Imam Malik and Imam Ahmad, who
would say when asked about some matter, would respond, ‘I don’t like it,’ or ‘I
disapprove of it,’ or ‘It does not appeal to me,’ or ‘I do not approve it.’
• Generally, the only things which they would call “haram” are those things which were explicitly
haram in its authenticity and in its unequivocal understanding.
Principle 3
Prohibiting the Halal and Permitting the Haram is One of the Greatest
Sins
• The Prophet (SAW) related in a hadith qudsi that Allah (SWT) said: “I
created My servants upright (hunafa’). Then the evil ones came to
them and led them astray from their religion, and forbade what I had
made lawful for them and enjoined them to associate with Me that
for which I had not sent down any authority.” (Muslim)
• Prohibiting the halal is akin to shirk, because it is like associating oneself as a
partner with Allah (SWT.)
• Istihlal, which is making halal what Allah (SWT) and His Messenger (SAW)
have explicitly forbidden (e.g. homosexuality, alcohol, zina), is a denial of
Allah (SWT) and His Messenger (SAW) and therefore disbelief (kufr).
Principle 4
The Prohibition of Things is Due to their Impurity and Harm
• Allah (SWT) alone has the right of legislation. He can make halal or haram
whatever He wills. He is the absolute authority and none can question Him.
• Nevertheless, Allah (SWT) does not forbid things that are good,
wholesome, and pure; and He does not permit things that are harmful.
• Things which are haram have impurity or cause harm, even if we have not or are
unable to recognize those harms.
• Allah (SWT) did forbid some ‘good things’ for the Jews, but that was a
punishment for their transgressions:
‫ٱّللِ َكِث ًا‬
‫ير‬ ِ ‫ُحَّل ْت َلهم وِِّص ِد ُِم َعن سِب‬
َّ ‫يل‬ َ ْ َ َ ُْ
ِ ‫طِيبـٰت أ‬
َ ‫م‬‫ه‬ِ ‫ي‬
َ ْ َْ ْ َ‫ل‬َ‫ع‬ ‫ا‬‫ن‬َ ‫م‬‫ر‬َّ ‫ح‬ ‫ا‬
‫و‬ ‫اد‬
ُ ُ ‫ين‬
َ َ ‫ذ‬ِ ‫ظْلم ِمن َّٱل‬
َ ُ ِ
‫ب‬ َِ
“We forbade the Jews certain foods that had been lawful to them for their
wrongdoing, and for hindering many from the Way of Allah…” [4:160]
Principle 4
• Allah (SWT) describes the believers as the ones who follow the Prophet (SAW)
in permitting what is lawful and forbidding what is impure, and also relieve
them of the previous restrictions that were enforced on the Jews as a
punishment:
‫ٰه ْم َع ِن‬ ‫ى‬ ‫ه‬‫ن‬ْ ‫ي‬
َ‫و‬ ِ ‫يل ي ْأمرُم ِبٱْلمعر‬
‫وف‬ ْ ُ َ
ِ ‫نج‬ ِْ ‫ون ُه ۥ م ْكتُ ًَِّا ِع َند ُُم ِفى ٱلتَّ َرى ِٰة و‬
ِ ‫ٱْل‬ َ ‫د‬ُ ‫ج‬ِ ‫ٱْل ُِم َّى َّٱل ِذى ي‬
َ ْ ‫ى‬َّ ِ‫ٱلن‬
‫ب‬ َّ ‫ َل‬ ‫س‬‫ٱلر‬
َّ ‫ن‬َ َ ‫ع‬ َِّ‫ين َيت‬
‫ب‬ َ
ِ ‫َّٱل‬
‫ذ‬
ُ َ َ ُ ُ َ ْ َ ْ َ ُ
ِ‫َغَلـٰل َّٱلِتى َكانُت عَلي ِهَم ۚ َف َّٱلذ‬
َ ُ
‫ين ءام ُن َا ِب ِه ۦ‬ ِ ِ ِ ِ ِ َّ ِ
َ ‫نك ِر َوُيح ُّل َل ُه ُم ٱلطيَبـٰت َوُي َح ِرُم َعَل ْيه ُم ٱْل َخَبـٰئ َث َوَي‬
َ َ َ ْ َْ َْ َ ْ ‫ٱْل‬ ْ ‫ص َرُُ ْم َو‬ ْ ‫ض ُع َع ْن ُه ْم إ‬ َ ‫ٱْل ُم‬
ِ ‫ َر َّٱل ِذى أ‬
‫ُنزَل َم َع ُه ۥ ۙ أُوَلـِٰئ َك ُُم ٱْل ُمْفِل ُح َ َن‬ ُّ ‫َو َع َّزُروهُ َوَنص ُروهُ َوٱتََّب ُع َا‬
َ ‫ٱلن‬
ُ َ
“They are the ones who follow the Messenger, the unlettered Prophet, whose description they find in their Torah
and the Gospel. He commands them to do good and forbids them from evil, permits for them what is lawful and
forbids to them what is impure, and relieves them from their burdens and the shackles that bound them. ˹Only˺
those who believe in him, honor and support him, and follow the light sent down to him will be successful.” [7:157]
• Some of the things which were haram for the Jews are halal for Muslims. Orthodox Jews cannot eat
cheeseburgers because they cannot eat foods where the meat and dairy are mixed. They may keep separate
freezers for dairy food, and another for meat. These sorts of burdens are not carried by Muslims.
Principle 4
• In Islam, Allah (SWT) did not prohibit good things as a punishment. Instead, He legislated
repentance, good deeds which wipe away the effects of sins, charity, and decreed that
trials and suffering wipe away sins.
• This means we have certain knowledge that everything Allah (SWT) has made haram in the
legislation of Islam—in the Qur’an and Sunna—is impure and harmful. We also know that
everything wholesome and beneficial has been made halal for us.
• Allah (SWT) has not prohibited things in order to make our life difficult or prevent us from enjoying
ourselves.
• There is nothing in the haram which is good for us. We may fall into the haram because it is made
attractive, and Shaytan makes waswasa, and our society may promote it. But we must realize that
the haram is not good for us, and there is nothing we are missing in the haram that would make our
life better. It may make it “fun” temporarily, but it will lead to long-term harm or
unfulfillment/dissatisfaction. That is why we need to remove ourselves from haram and make tawba.
• Alcohol was permitted for the previous nations but not our ummah. Alcohol is not pure and
wholesome. It may have some benefit, but the harm outweighs the benefit.
Principle 4
• We are not required to know exactly what is impure or harmful in what Allah
(SWT) has made haram; it may be hidden from us but apparent to others later, or
it may not be discoverable in this life. What is required is for us to say: “We hear
and obey.”
• We may not know why or how a particular haram thing is harmful. Sometimes the harmful
effects are obvious, and sometimes we make assumptions about the harmful element.
• We know that eating pork is haram, but why is eating pork haram? There is no verse in the
Qur’an or hadith which explains the reasoning behind why eating pork is haram. There has
been some scientific studies indicating that it is a health risk for people because of parasites
and whatnot. But even if those parasites were removed and the pigs were kept very clean,
eating pork is still haram. So we do not know the actual reasoning for why eating pork is
haram, but we obey this command from Allah (SWT.) Our obedience to Allah (SWT) is not
dependent on our understanding of the harms associated with eating pork.
Principle 5
The Halal is Sufficient, and the Haram is Superfluous.
• Allah (SWT) has only forbidden things that are harmful and also unnecessary.
• The haram is beyond what a person actually needs in their daily life.
• For everything haram, Allah (SWT) has permitted an alternative:
• 1) Omens vs. Istikhara and du’a
• 2) Riba vs. Trade
• 3) Gambling vs. Halal competition through wagers
• 4) Fornication vs. Marriage.
• 5) Adultery vs. Polygamy
• 6) Intoxicants vs. Wholesome drinks
• 7) Carrion vs. Wholesome meats
• Allah (SWT) legislates for our wellbeing, not to burden us.
• We may not initially know the harm of something, but there is a long-term harm. It could be a
spiritual harm that has a cascading effect in weakening our Iman.
Principle 6
What Leads to the Haram is Haram Itself
• Allah (SWT) blocks the avenues that lead to the haram.
• For example: wearing revealing clothing, seclusion with non-mahrams,
obscenity, etc. By avoiding all of these, one blocks the means to fornication.
• Safeguards are there because while one might not initially have the intention
to do something haram, eventually, they may become tempted.
• This is why the sin of a haram act extends to those who facilitated it
materially or morally.
• The means to haram are haram as well.
Principle 7
Falsely Representing the Haram as Halal is Prohibited
• Playing word games to make the haram into something halal is
prohibited.
• Misconstrued understanding/usage of terminology or “finding loopholes” is
not permitted.
• The Prophet (SAW) said: “A group from my nation will make
intoxicants halal by giving them another name.” (Ahmad)
Principle 8
Good Intentions Do Not Make the Haram Acceptable
• Whenever a halal action is accompanied by a good intention it becomes an act of worship. The
haram, however, remains haram no matter how good the intention is.
• A permission action (e.g. sleeping) can become an act of worship with the correct intention (e.g. sleeping so that
you can get enough rest to wake up for Fajr on time,) and you can get rewards for it. But a haram action with a
halal intention is still haram e.g. you cannot rob a bank with the intention of donating the money for charity.
• Similarly, one cannot abandon the conditions for an act of worship and still perform the act of worship, and think
that it is acceptable because they believe their intention is pure (e.g. one’s salah is not valid without proper
wudu, even if they had a “good” intention in their heart.) We do not change the Shariah just to encourage
people to do good/perform acts of worship.
• We do not believe that “The ends justify the means.” If the end is halal, the means must be halal.
• If the end result is halal, but the means were haram, then the action is not praiseworthy. Having a good intention
cannot be used as an excuse to do something haram. “Indeed Allah is Pure and only accepts what is pure…”
(Tabarani)
• If one’s heart is pure, then their action will be pure. If one’s heart is impure, then their action is impure. And to
purify an impure heart, one must do pure actions which have an impact on the heart, and avoid impure actions
which would add further impurity to one’s heart.
Participating in something that has some bad
element to it
• In a particular project/situation, there might be a lot of good/halal activities but
some bad/haram activities. If one is not responsible or a part of the bad/haram
activities, and is only participating in the good/halal activities, then that may be
fine, but it depends on the situation.
• If you voice your opposition to the bad/haram activities, and they do not listen/comply, then
there is not much else you can do to change the situation.
• Depending on the situation, one’s participation in the project might be an indirect means for
others to do haram.
• If some of the money gained from the project is going to the bad/haram thing, but majority
of the money is being used for good, then not all of the profits are haram since the money is
mixed.
• If participating in this project makes you uncomfortable or uneasy, and you can to take a
cautious approach, then you should not participate (if you are able to.)
• …and Allah (SWT) knows best.
10.2) Haram Actions of the Ears,
Listening to Music
10/3/2023
Principles of Halal and Haram (Recap)
• 1) The default of things is permissibility.
• 2) Allah alone has the right to make halal and haram.
• 3) Prohibiting the halal and permitting the haram is one of the
greatest sins.
• 4) The prohibition of things is due to their impurity and harm.
• 5) The halal is sufficient and the haram is superfluous.
• 6) What leads to haram is haram itself.
• 7) Falsely representing the haram as halal is prohibited.
• 8) Good intentions do not make the haram acceptable.
The Blessing of Hearing
• Allah (SWT) mentions the blessings of hearing and sight together in the Qur’an.
• In connection with this, Allah (SWT) also asks rhetorical questions such as, “Will they not be
thankful?” “Will they not use their intellect?” and “Will they not reflect?”
• The blessing of hearing is superior to the blessing of sight!
• In the Qur’an, hearing is mentioned before sight.
• If one is deaf, they cannot hear the Qur’an. This means if one was alive during the time of the
prophets, they would be unable to hear the message, (and not everyone could read.) But if
you were blind and could hear, then you would hear everything the prophets had to say.
• The blessings of hearing will also be demonstrated in the latter ages, as Dajjal will trick
people through optical illusions (i.e. what they see.) The people who reject Dajjal will be
denied food, and their sustenance will be dhikr – and dhikr is verbal and also auditory.
• Using these blessings for the haram is a form of ingratitude. Gratitude for hearing
and sight entails using them for wholesome things.
Good Usage of the Ears
• The faculty of hearing is to be used in the following ways:
• Listening to the Qur’an
• Listening to advice and religious reminders
• Remembrance of Allah (SWT)
• Poetry/qasa’id
• Religious courses and lessons
• One can also use this faculty in beneficial ways, even if not religious in nature, such as:
• Educational audiobooks
• Educational podcasts
• Other non-religious learning
• (Because the halal is the default (the default is general permissibility,) we do not need to
list all the halal usages for the ears. Thus, this lesson mainly focuses on the haram usages
of the ears.)
History of the Effects of Music
• Music has always held meaning in human history, and from the earliest
times, until today, people have recognized that it has pros and cons.
• Ancient Greco-Roman culture believed music penetrated both the body
and mind, bringing them into equilibrium.
• In contrast, Europeans of the late 18th century Romantic Era perceived
music as a double-edged sword, capable of both curing and causing
disorders (Rose & Bartsch, 2009).
• Utilizing the latest in neuroimaging technology, researchers can observe
how the brain processes auditory information when under the influences
of music. Parts of the brain that show an increased activity include areas
such as the hypothalamus, responsible for maintaining stress hormones,
and the hippocampus, the area vital for emotion regulation (Levitin, 2006).
Summary Regarding the Difference of Opinion
About the Permissibility of Music
• Music, according to the majority view (i.e. the standard position within each of the four legal
schools,) is prohibited with the exception of singing that does not contain any external illicit factors.
• The standard view within each of the four legal schools is that listening to wind and string
instruments is haram, with or without singing.
• The only exception to this general prohibition is the duff drum. Some schools have even restricted
the use of the duff drum to weddings, while others say it is permissible at any time.
• Singing is permissible, provided that it does not contain impermissible content.
• Scholars in the past and present differed about the ruling on music. A minority permitted it (i.e.
listening to wind and string instruments, with or without singing,) but only if the lyrics were not
immoral and only if not accompanied by anything haram.
• We respect the difference of opinion, but we should be cautious because there is a very short
distance between “Music is halal” and “listening to degenerate garbage.”
• For example, a person might initially only listen to classical music, but over time, they might end up listening to
pop music with immoral content.
Group 1 (Majority Position)
• Evidence from the Qur’an:
ًۭ ‫ٱّللِ ِب َغ ْي ِر ِعْلم َوَيتَّ ِخ َذ َُا ُُ ُزًوا ۚ أُوَلـِٰئ َك َل ُه ْم َع َذ‬
‫اب ُّم ِهين‬ َّ ‫يل‬ َ ُ
ِ ‫اس من ي ْشتَ ِرى َله َ ٱْلح ِد‬
ِ ‫يث لِي‬
ِ ‫ض َّل َعن سِب‬
َ َْ َّ ‫َو ِم َن‬
َ َ ِ ‫ٱلن‬
“And of the people is he who buys the amusement of speech to mislead [others] from the way of Allah without
knowledge and who takes it in ridicule. Those will have a humiliating punishment.” [31:6]
ِ ‫ )َله َ ٱْلح ِد‬means “speech of amusement” or “idle tales,” and so while this does not
• The phrase “lahw al-hadith” (‫يث‬ َ َْ
explicitly mean “music,” Ibn Abbas interpreted it to mean “singing and the like.”
• Evidence from the Sunna:
• “From among my followers there will be some people who will consider fornication, the wearing of silk, the
drinking of alcoholic drinks and the use of musical instruments, as lawful. And there will be some people who will
stay near the side of a mountain and in the evening their shepherd will come to them with their sheep and ask
them for something, but they will say to him, ‘Return to us tomorrow.’ Allah will destroy them during the night
and will let the mountain fall on them, and He will transform the rest of them into monkeys and pigs and they will
remain so till the Day of Resurrection.” (Bukhari, in Mu'alaq form, 74:16)
This hadith is explicitly mentions music, however, it is not a standard hadith. It is a hadith mu’alaq, which means
it is within the chapter heading, preceding other ahadith. Hadith mu’alaq means there is one or more people
omitted from the chain of narrators. Thus, the hadith does not fit the very strict criteria that was established for
the Bukhari’s Sahih collection.
Group 1 (Majority Position)
• Evidence from the Sunna (continued):
• “In this Ummah there shall be collapsing of the earth, transformation and Qadhf [raining
down of stones]. A man among the Muslims said: ‘O Messenger of Allah! When is that?” He
said: ‘When singing slave-girls, music, and drinking intoxicants spread.’” (Tirmidhi 33:55)
• This hadith describes different punishments that will occur due to the sins of Muslims, to get
them to return to Allah (SWT.) In this hadith, music is listed among other haram activities.
• Statements of the Companions:

‫ والمزمار حرام‬،‫ والك َِّة حرام‬،‫ والمعازف حرام‬،‫ الدف حرام‬:‫عن ابن عباس رضي هللا عنھ قال‬
Ibn Abbas said: “The duff is haram, stringed instruments are haram, drums are haram and the
flute is haram.” (Bayhaqi 10:222)
• There are other statements from companions like this which mention a prohibition of music.
Group 2 (Minority Position)
• The position of the minority group is that wind and string instruments are not haram, but rather,
what is haram is the things that happen alongside listening to music. So it is the combination of
haram activities that occur while there is music playing which is haram.
• Evidence from the Sunna, which cite incidents in which there was singing, and possibly musical
instruments, were played in front of the Prophet (SAW,) and he did not disapprove (and his silence
is a tacit approval):
• A’isha narrated: “The Messenger of Allah (SAW) came (to my apartment) while there were two girls with me
singing the song of the Battle of Bu’ath. He lay down on the bed and turned away his face. Then came Abu Bakr
and he scolded me and said: ‘Oh! This musical instrument of the devil in the house of the Messenger of Allah!’
The Messenger of Allah turned towards him and said: ‘Leave them alone…’” (Bukhari 13:2; Muslim 8:20)
• A’isha narrated that the Prophet (SAW) said, “O A’isha! Did you not have any lahw (entertainment i.e., music
and singing)? For the Ansar love that.” (Bukhari 67:97)
The word “lahw” has multiple meanings – “amusing speech,” “idle tales,” etc. So it does not explicitly mean
musical instruments.
Group 2 (Minority Position)
• Statements of the Companions:
• ‘Amir Ibn Sa’d narrated: “I approached Qarazah Abi Mas’ud and Ibn Ka’b and
Thabit ibn Zaid when there were female slaves beating drums and singing and said
to them : ‘You are the companions of the Prophet?’ They said: ‘Singing is
permitted for us during marriage ceremonies.’” (Tabarani, al-Mu’jam al-Kabir
17:247)
• Imam al-Shawkani reported: ‘Ustadh Abu Mansur al-Baghdadi al-Shafi'i said in his
writing on music: “Abdullah ibn Jafar did not see anything wrong in singing and he
used to compose melodies to his slave girls and listen to their music. This
happened during the era of the Commander of the Faithful (the Caliph) ‘Ali Ibn Abi
Talib.” (Nayl al-Awtar 9:27-29)
• Reports suggest that listening to people sing while beating drums, or possibly
using musical instruments along with that, may have been a common practice,
especially in Madinah.
Juristic View: Music is Prohibited
• Each group of scholars presented a number of valid arguments and counter-arguments to support
their position.
• Ordinary Muslims do not have authority to decide who is right and who is wrong in higher-level discussions, but
we can learn about the evidences the scholars use to support their position.
Those Who Prohibited:

• They cite a view that the verse in the Qur’an about “lahw al-hadith” [31:6] is interpreted a singing.
(c.f., Tabari, Ibn Kathir).
• They cite a number of hadith. The most explicit hadith is the one in Bukhari which is in Mu’alaq form
(the narrator omits one or more narrators from the chain) in a chapter heading.
• This is the hadith which mentions: “From among my followers there will be some people who will consider
fornication, the wearing of silk, the drinking of alcoholic drinks and the use of musical instruments, as lawful…”
• Some of them have even cited Ijma’ (scholarly consensus) about the prohibition of music. (Ibn Rajab).
Juristic View: Music is Permitted
Those Who Permitted:
• They argued that there is no explicit verse in the Qur’an prohibiting music.
The word lahw is multivalent and not a direct prohibition of music.
• They say that Lahw in the verse [31:6] is about mocking the path of Allah (SWT) – such
as poets reciting poetry mocking Islam, and other forms, with the intent to lead
people astray from the path of Allah (SWT), which is disbelief (kufr.) So they say Lawh
in this verse does not mean the ordinary ‘idle talk’ that is done for relaxation and
whose verbal content is permissible.
• They say the statements of companions about the prohibition of music are
not binding since
• a) there is no consensus that the opinion of a companion is a legal proof, and
• b) there are other companions who permitted singing and music (‘Abdullah b. Ja’far,
‘Abdullah b. al-Zubayr, al-Mughira b. Shu’ba, etc.)
Juristic View: Music is Permitted
• Many of the scholars who permitted music critiqued the chains of the hadith that seem to
prohibit music. (Ibn Hazm, al-Ghazali, Ibn al-Nahwi, Qadi Abu Bakr Ibn al-‘Arabi, Ibn al-Tahir, al-
Shawkani, ‘Abd al-Ghani al-Nabulusi)
• These scholars have said that all the hadith which indicate prohibition of music have problems in their chains
of narration, such that one cannot rule that they are completely authentic and decisive.
• Because of the debate about the chains of transmission, they say one cannot make an emphatic
judgement that music is haram.
• Furthermore, they say there is no hadith the prohibits music except that other things are
mentioned alongside of it (wine drinking, dancing and singing girls, etc.) So they argue that it is
the total combination of factors that is haram, not music alone when it is independent of those
other practices (so long as the content of the lyrics is not immoral.)
• Before people could play recordings of music, playing music would be a public affair, in which there was
dancing with the opposite gender, drinking, etc.
• They argue that the claim of ijma’ is false because there are several statements from scholars
across the centuries who permitted music.
Singing
• Singing is distinct from music. • If the singing is free from the following haram
• Singing that does not contain impermissible elements, and does not distract one from their
content (lyrics) is generally permissible. religious obligations, it is permissible, especially if it
contains admonishments or beneficial wisdom:
• Imam Ghazali argued that if it is haram for a person to
sing with a melodious voice, then similarly, it would • 1) The words contain elements of disbelief, sin, and
be haram to listen to birds chirping as they chirp with corruption, or glorify any of these.
a melodious tune. • 2) The singing stirs up illicit desires for the opposite gender
(i.e. it is not sensual in nature.)
• If the content entails remembrance of Allah Most
• 3) The gathering in which singing is takes place contains
High and reminders of good it is praiseworthy, so illicit actions, such as drinking alcohol or impermissible
long as it does not distract from any religious gender interactions.
obligations.
• The voice of a woman is not awrah. However, it would
• If the content of the lyrics is haram, listening to it be prohibited for woman to purposely beautify her
is haram. This is based on the general principle: If voice for non-mahram men in a way that is alluring.
it is haram to say, it is haram to listen to. • If people are attracted to the way her voice naturally
• If you do not know if the lyrics contain haram content, sounds, and it becomes a fitna, then she should avoid
you can look up the lyrics online. speaking in front of non-mahram men.
Conclusion about Music
• The matter of music is a case of legitimate disagreement among qualified scholars.
• The difference of opinion is limited to wind and string instruments and singing that has either good
lyrics or morally neutral (permissible) lyrics.
• The majority position say this is haram, while the minority position thinks it is halal.
• There is NO difference of opinion that immoral music is haram to listen to.
• Due to the above difference of opinion, there is no obligation upon you to forbid people from
listening to music, unless that music contains haram elements. In such a case, your forbidding is
directed only to those haram elements.
• You are allowed to advise them to take a more cautious position, but you cannot object to them or judge them
negatively.
• Commanding good and forbidding evil can only take place in matters which are haram by consensus, and there
is no consensus about music being prohibited.
• You can advise people to take a more cautious opinion, but you can’t object to them or judge them negatively if
they decide to take the minority view and they limit themselves to the halal, according to that minority view
(i.e. instruments with or without halal lyrics)
Conclusion about Music
• Most modern music is haram to listen to because of the lyrics, videos, and
lifestyle promoted, and the modern music culture is surrounded with
degeneracy and promotes values that are antithetical to Islam.
• If without the music, the lyrics are haram, then that music is haram anyway.
• The music videos also typically have haram content. And the artists themselves
promote haram lifestyles.
• Furthermore, listening to music is generally a slippery slope that leads to
time wasting and neglecting what is more important.
• If Muslims chose to listen to music, then it should be within the parameters of halal
according to the minority position. But one should be cautious, as there is a
possibility that it leads to one listening to music that has haram content.
• Music fills the area that the Qur’an and dhikr should fill.
Listening versus Hearing
• If you walk into a shopping center or gym, intending to shop or
exercise, and there is some music playing with immoral content, you
are not sinful for this, because there is a difference between listening
and hearing.
• Hearing music, i.e. NOT purposely listening to music, does not make one sinful.
• Ibn Hajar al-Haytami said: “The prohibition is only listening, and not
just hearing; not with the purpose of listening. Our companions
asserted that if there are forbidden nightclubs in one’s neighborhood
which he could not remove, he is not obliged to move away to another
accommodation, and he is not sinful by hearing it unintentionally.
They explicitly asserted here that a person is sinful by listening to it
and not by hearing it.” (al-Fatawa al-Hadithiyya)
Other Prohibitions of the Ears
• Listening to people’s private conversations (eavesdropping)
• Listening to falsehood (anything that is haram to speak is haram to
listen to), unless there is a pressing need.
• A pressing need could be something like having to listen to falsehood in order
to refute it.
• Falsehood does not just mean lies, but falsehood in the general sense.
• Willingly listening to a woman’s sensual voice with sensual
enjoyment.
10.3) Prohibitions of the Eyes &
Rulings related to gaze
17/3/2023
The Blessing of Sight
• One of the greatest blessings of Allah (SWT) upon us • “The sense of sight is one of the doors to
is our eyes. It is through the eyes that we are able to the heart. It is the most well-trodden
see His creation and register the images of what He path leading to the heart. After
asks us to reflect upon. breathing, the eyes are the frequently
• Allah (SWT) has referred to the eyes as a person’s used part of a person’s body.” –Imam Ibn
“two dear ones.” Qattan al-Fasi (Ahkam al-Nazar)
• We are constantly using our eyes to
• It is with the eyes that we see the signs of Allah (SWT),
register images. Even when we are
our loved ones, things of this world, dangers, etc.
dreaming and our eyes are closed, we see
• Having gratitude for the blessing of sight includes using images.
sight for the proper purpose and not to commit sins.
Thus, by learning the prohibitions of eyes, we know how • The blessing of sight is so great, that one
to use our eyes in a way that pleases Allah (SWT.) who loses their eyesight and remains
• Anas related that the Prophet (SAW) said: patient will enter Jannah.
‫ إذا ابتليت عبدي بحبيبتيه فصبر ع َضتھ منھما الجنة‬:‫إن هللا قال‬ • The Messenger of Allah (SAW) said, “Allah
said: ‘If I afflict My servant in his two dear
“Allah said: ‘When I afflict my servant with respect to his eyes and he remains patient, he will be
two dear things (i.e. his eyes), and he endures patiently, I compensated for them with Paradise.’”
shall compensate him for them with Paradise.’” (Bukhari)
Lowering the Gaze (Ghadd al-Basar)
‫صَن ُع َ َن‬ ‫ي‬ ‫ا‬ ‫م‬ ِ
‫ب‬ ‫ير‬ ِ
‫ب‬ ‫خ‬ ‫ٱّلل‬
َّ َّ
‫ن‬ ِ
‫إ‬ ۗ ‫م‬‫ه‬ ‫ل‬
َ ‫ى‬ ‫ك‬‫َز‬ ‫أ‬ ‫ك‬ ِ
‫ل‬ ٰ ۚ ‫ظ َا فروجهم‬
‫ذ‬
َ ُ ‫ف‬‫ح‬ ‫ي‬‫و‬ ‫م‬ُِ‫ر‬ِ ‫ـ‬
ٰ‫ص‬ ‫َب‬
‫أ‬ ‫ن‬‫م‬ِ ‫ض َا‬
ُّ ‫غ‬ ‫ي‬ ‫ين‬ ِ‫ُقل ِلْلمؤ ِم‬
‫ن‬
َْ َ َ َ ُْ ٰ َ ْ َ ُْ َ ُ ُ َ ْ ََ ْ َ ْ ْ َُ َ ُْ
“Tell the believing men that they must lower their gazes and safeguard their
private parts; that is purer for them. Verily Allah is All-Aware of all that they
do.” [24:30]
• The command to lower the gaze is NOT exclusive to males. In the next
verse, Allah (SWT) says:
‫وج ُه َّن‬‫ر‬ ‫ف‬
ُ ‫ن‬ ‫ظ‬
ْ ‫ف‬
َ‫ح‬ ‫ي‬‫و‬ َّ
‫ن‬ ِ
ُ‫ر‬ِ ‫ـ‬
ٰ‫ص‬ ‫َب‬‫أ‬ ‫ن‬ ِ ‫وُقل ِلْلمؤ ِمنـٰ ِت ي ْغضضن‬
‫م‬
َ ُ َ ْ ََ َ ْ ْ َ ْ ُ َ َ ُْ َ
“And tell the believing women that they must lower their gazes and
safeguard their private parts…” [24:31]
• Although the command to lower the gaze applies to both men and women,
the struggle to lower the gaze is typically much harder for men.
• The Prophet (SAW) said, “Avoid sitting on roadsides.” • Fadl b. ‘Abbas rode behind Messenger of Allah
His Companions said: “O Messenger of Allah, there is (SAW) as his companion rider on the back
no other alternative but to sit there to talk.” Thereupon portion of his she-camel on the day of Nahr
the Messenger of Allah (SAW) said, “If you must sit, (slaughtering of sacrifice, 10th Dhul-Hijja) and
then fulfill the rights of the road.” They asked: ‘What Fadl was a handsome man. The Messenger of
are their rights?’ Thereupon he said, “Lowering the Allah (SAW) stopped to give the people verdicts
gaze, refraining from doing some harm to others, (regarding their matters) In the meantime, a
responding to greeting, and commanding the good and beautiful woman from the tribe of Khatham
forbidding the evil.” (Bukhari and Muslim) came, asking the verdict of the Messenger of
• In the time of the Prophet (SAW,) people would sit on the Allah (SAW). Fadl started looking at her as her
roadsides and socialize. Private spaces in the homes were beauty attracted him. The Messenger of Allah
primarily for women. So the easiest way to talk to people (SAW) looked behind while Fadl was looking at
without hosting them in your home (as guests) was to sit
her, so the Messenger of Allah (SAW) held out
outside and talk.
his hand backwards and caught the chin of Fadl
• This hadith mentions certain rights that are owed to the
road for one who is sitting on it. Lowering the gaze means
and turned his face (to the other side) in order
that if one is sitting on the road, and a woman walks by, one that he should not gaze at her…(Bukhari)
should not stare at her. Responding to the greeting means • The Prophet (SAW) gently corrected Fadl in this way.
responding to someone giving salaams.
• The Messenger of Allah (SAW) said, “O young people! Whoever among you can
marry, should marry, because it helps him lower his gaze and guard his modesty;
and whoever is not able to marry should fast, as fasting diminishes his sexual
desire.” (Bukhari)
• The remedy of taqwa is there whether one is single or married, but marriage is a strong
remedy.
• Jarir b. ‘Abdillah: “I asked the Messenger of Allah (SAW) about the sudden glance
at a non-Mahram. He commanded me that I should avert my eyes.” (Muslim)
• “The unrestrained glance is a poisoned arrow from the arrows of Iblis. Whosoever
forsakes it out of fear of Me, I shall replace it with faith whose sweetness he will
find in his heart.” (weak hadith recorded by Ibn Hibban)
• The organs, include the eyes, are involved in sexual desire:
• The Prophet (SAW) said: “The son of Adam has been destined his share of
fornication, which he will inevitably acquire. The eyes fornicate by looking, the
ears fornicate by listening, the tongue fornicates by speaking, the hand
fornicates by hitting, the foot fornicates by stepping. The heart loves and
wishes. The genitals prove or disprove that.”
• The Prophet (SAW) said: “The eyes fornicate; the hands fornicate; the feet
fornicate; and the private parts fornicate.” (al-Bazzar)
• Note that fornication (zina) in this context does not mean zina in the legal
sense, but rather that these organs stir up desire which can then lead to
fornication.
• The Prophet (SAW) said to ‘Ali, “Do not follow up the first glance with
a second look, for the first is yours, while the second is not.” (Abu
Dawud)
• If an attractive person of the opposite gender appears before you, and the
first look you have of them stirs attraction, then you should lower your gaze,
and you are not sinful because you did not intentionally stare at them.
• You should not look at them a second time, because when you looked the first
time, you already knew that they were attractive, and so looking at them
again with desire is sinful.
Intention for Lowering the Gaze
• There are three options for what your eyes do when an attractive person appears before you: (1)
Lower your gaze for the sake of Allah (SWT), (2) You stare at the person, or (3) You have deception
of the eyes (i.e. try to stare at the person discretely.)
• Lowering the gaze is NOT something sought after in and of itself (maqsuda fi dhatiha) like fasting.
Lowering the gaze is only considered a good deed when there is an intention to leave something
haram for the sake of Allah (SWT).
• Lowering the gaze out of shame/shyness in front of other people is not obedience to Allah (SWT.) It is only
obedience when it is out of shame/shyness before Allah (SWT).
• Also, lowering the gaze is only an honorable act when you do it in a situation where an attractive person
appears before you. If you are sitting alone at home reading a book, and you’re not using any electronic
devices, then you are not rewarded for lowering your gaze because there was no situation that occurred in
which you should have lowered your gaze.
• “The deception of the eyes”—furtive glances at the haram when in the presence of others in a
way they will not notice (as opposed to open staring).
• The deception of the eyes is when you are with a group of beautiful and an attractive person appears, and you
stare at the person when your friends are not noticing, but if your friends are paying attention to you, then
you lower your gaze.
Is Looking at the Haram a Major or Minor Sin?
• Looking at the haram is a minor • The Prophet (SAW) said, “When a believing servant or Muslim
sin. servant performs wudu’ and washes his face, every sinful thing
• Minor sins are expiated through he looked at is washed from his eyes with the water…”
good deeds, etc. Major sins are • Washing the face when making wudu’ removes the effects of
looking at haram. Because only a minor sin could be removed in this
removed through tawba. way, as major require one to make tawba, this indicates that looking
• The Prophet (SAW) advised that at haram is a minor sin.
one should follow up a bad deed
with a good deed and this will • The Qur’an mentions:
ۚ ‫ٱلل َم َم ۚ ِإ َّن َرَِّّ َك َٰوِس ُع ٱْل َم ْغ ِف َ ِرة‬
َّ ‫ش ِإ ََّّل‬ ِْ ‫ين َي ْجتَِن ُب َ َن َك َبـِٰئر‬ ِ َّ
erase the sin and its effects. َ ‫ٱْل ْث ِم َوٱْلَف َٰ َ ِح‬ َ َ ‫ٱلذ‬
There are certain good deeds “Those who avoid major sins and shameful deeds, despite ˹stumbling
which wipe away and expiate on˺ minor sins. Surely your Lord is infinite in forgiveness.” [53:32]
the effects of the minor sins.
• The phrase lamam (‫)َل َمم‬, translated as “minor sins”, is a big
• Major sins are only removed ambiguous. About this, Ibn ‘Abbas said, “I don’t see anything more
through tawba – making sincere resembling stumbling than furtive glances.” So this also indicates
repentance. that looking at a non-mahram with desire is considered a minor sin.
Caution about complacency of minor sins
• A word of caution: One may become complacent when they know that something
is a minor sin. Deeming a minor sin to be something of low significance
diminishes the seriousness of the offense, and it is a kind of belittlement of what
Allah (SWT) has made haram. And the attitude of belittling a minor sin could
actually turn the minor sin into a major sin.
• A person who consistently persists in the minor sins, or a particular minor sin, can
also turn that minor sin into a major sin.
• There is no major sin with tawba (as repentance wipes away the minor sin,) and there is no
minor sin with stubborn persistence, as this stubbornness converts the minor sin into a major
sin.
• (Note that this does not put the sin of looking at haram on the same level as very
serious major sins like murder, backbiting, sorcery, etc.)
When is Lowering the Gaze Obligatory?
• 1) Looking at anyone (regardless of where on their person) with sexual
desire, other than one’s spouse.
• 2) Looking at that which is legally considered nakedness (‘awra) of anyone,
with or without sexual desire, other than one’s spouse.
• Awra of Men: The area between the navel and the knees (knees are included
according to the majority opinion) is considered nakedness for a male.
• Awra of Women: The entire body of the female is considered naked except for the
face, hands, and feet.
• If a Muslim man has a business/professional meeting with a Muslim woman who only
has her face, hands, and feet exposed, it would be permissible for him to look at her
face, as long as he has no desire for her. If desire is stirred, then there is a distinction
made between noticing one’s beauty, and feeling desire upon seeing that beauty.
Rulings on the Gaze
• Men looking at women: A man • Women looking at men: A woman can see a man’s entire body
can see of a non-direct relative except that which is between the navel and the knees. A
woman only the face, hands, and woman is permitted to see her spouse’s entire body.
feet (as long as it does not cause • If a woman feels desire upon seeing any part of a man, she must
desire within him.) A man is lower her gaze.
permitted to see his spouse’s • Women looking at women: Women may see another woman’s
entire body. entire body except that which is between the navel and the
• If a man feels desire when seeing a knees. It is NOT permissible for a Muslim woman to expose any
woman’s face, hands and feet, (or
part of her hair or other parts to a non-Muslim woman or a
anywhere else on her in the case
that a woman has awra exposed,) corrupt Muslim woman (who openly commits major sins,)
then he must lower his gaze. without need, as they may describe how she looks to others.
• A Muslim woman should not expose herself in front of a lesbian,
• Men looking at men: Men can because then there is also an issue of attraction.
see other men the entire body
• A Muslim woman should not expose herself in front of a woman who
except that which is between the is loose-lipped. As a woman, if another Muslimah exposed herself in
navel and the knees. front of you, you should not describe her features to others.
Rulings on the Gaze
• Any looking that is accompanied by sexual desire, or will likely lead to
sexual desire, is prohibited regardless of where on the person one looks.
• Thus, if a woman looks at a man’s chest with desire, or a man looks at a woman’s
hands with desire, then this is prohibited (haram), even though that part of the body
is not considered nakedness and would be permissible had there not been any sexual
desire.
• Ibn ‘Abidin notes that there is a difference between actual sexual desires
and ‘noticing of beauty’ (istihsan).
• One can see a person of the opposite gender and think they are good-looking,
without having desire for the attractive person. They have simply noticed the
person’s beauty.
• One is aware when they have sexual desire for a person – it is self-evident. And when
one experiences this, they must lower their gaze.
The Difference Between Seeing & Looking
• The Prophet (SAW) advised us to lower our gaze if we see something
impermissible and stated that we are not accountable for that first
(unintentional) glance. But we are accountable if we look again.
• ‘Seeing’ is passive and unintentional. But ‘looking’ is purposeful.
• Unintentional glances and seeing something in our peripheral vision are
excused. Accountability depends on one’s intention. One should not be
overwhelmed with their surroundings, as they are only accountable for
(purposely) looking, not merely (unintentional) seeing.
• You are not sinful if your gaze unintentionally falls on someone, such as on an
inappropriately dressed person while doing your grocery shopping, as long as you
lower your gaze and do not purposely look at them with desire.
The Benefits of Lowering the Gaze
• 1) Lowering the gaze is obedience to Allah (SWT). • 6) Lowering the gaze generates true insight which
• 2) Lowering the gaze prevents the poisoned can distinguish between truth and falsehood.
arrows of Shaytan from reaching his heart. Whoever leaves something for Allah’s sake, Allah
(SWT) replaces it with something better.
• 3) Lowering the gaze strengthens the heart and
• 7) Lowering the gaze strengthens one’s will.
enables it to focus on Allah (SWT). Letting the
gaze wander and look at the haram distracts the • The strengthening of one’s will can help in other areas
of one’s life
heart and fills it with images.
• One may struggle to concentrate while performing • 8) Lowering the gaze blocks Shaytan from a means
acts of worship as a side-effect from looking at of entering his heart, thus weakening Shaytan’s acts
haram. against you.
• 4) Lowering the gaze brings life to the heart, • 9) Between the eyes and the heart there is a
while looking at the haram deadens the heart. connection which means that the one is affected by
• 5) It brings light to the heart, just as looking at the other. If the heart becomes corrupt the gaze
the haram brings darkness to the heart. will become corrupt, and if the gaze become
• Allah (SWT) mentions the Verse of Light (Ayat al-
corrupt the heart will become corrupt, and similarly
Nur) right after the command to lower the gaze if one is sound the other will also be sound. (Ibn al-
from the haram. Qayyim, al-Jawab al-Kafi)
Other Prohibitions of the Eyes
• 1) Looking into people’s homes without permission
• The house has an awra. A person’s house conceals his body just as his garments conceal him.
• Regardless of whether or not the blinds of the house are open or closed, it does not mean
anyone is allowed to look inside.
• In the Qur’an, Allah (SWT) mentioned lowering the gaze and guarding one’s private parts
after the verse about asking for permission to enter someone’s home, because the house
covers a person just as the clothes on his body do.
• The Prophet (SAW) said, “Were a man peer into your home without permission and you
pelted him with a stone that took out his eye, you would not be criminally liable.” (Muslim)
This is the legal position for such a situation in the Hanafi, Hanbali and Shafi’i schools,
whereas Imam Malik thought it was not to be taken literally.
• 2) Looking up in the sky when praying or making du’a
• Jabir related that the Prophet (SAW) said, “People must desist from raising their gazes to the
heavens during prayer lest their eyesight is snatched away.” (Bukhari)
• This is a prohibition along with a divine threat. The reason is theological in nature – to
prevent people from having misconceptions about Allah (SWT,) and trying to locate Him in a
way that anthropomorphizes God.
• In salah, one should look at the place of sajda, or straight ahead (according to Imam Malik.)
Closing one’s eyes is disliked but is permissible for one who has trouble focusing.
• When making du’a, one should do so with the palms open and facing upwards. The heavens
above are the Qibla for the du’a, but one should NOT look upwards while making du’a.
• 3) Looking at dunya with eyes of covetousness and greed
• As mentioned in the Qur’an:
ِ ِ ِ ْ ‫ََّل تَم َّد َّن عينيك ِإَلى ما متَّعنا ِب ِه ۦ أ َْزٰوجا ِم ْنهم وََّل تَح َزْن عَلي ِهم و‬
َ ‫اح َك لْل ُم ْؤ ِمن‬
‫ين‬ َ ‫ض َج َن‬
ْ ‫ٱخف‬ َ ْ َْ ْ َ ُْ ً َ َ ْ َ َ ٰ َ َْْ َ ُ
“Look not with your eyes ambitiously at what We have bestowed on certain classes of them (the disbelievers),
nor grieve over them. And lower your wings for the believers.” [15:88]
• If looking at the material objects that other people possess cause you to feel envy or greed, then this gaze is
prohibited, because it leads to prohibited actions of the heart. Simply looking at something that you want is
generally neutral (mubah,) but if one also feels greed and jealousy associated with it, then this looking would
be prohibited, because the looking causes the feelings of envy and greed, which are prohibited actions of the
heart.
• The Prophet (SAW) said: “Look to those who are lower than you [in worldly status] and do not look to those
who are higher than you…” (Muslim)
In this hadith , the looking does not just mean with the eyes, it means looking which causes one to have ill
feelings. When you look at people who have less than you, you feel gratitude, pity, and appreciation. And
when you look at people who have more than you in dunya, then it can potentially cause one to feel envy,
rancor, or a craving that can pull one away from their greater purpose.
‫طِب َعة في ِم ْرآته‬ ِ َ ‫ِق َقْلب ص َ َُر اْلَ ْك‬
َ ‫ان ُم ْن‬ ُ ُ ‫ف ُي ْشر‬
َ ‫َك ْي‬
“How can the heart be illumined while the forms of creatures are reflected in its mirror?”
– Ibn ‘Ata’illah, al-Hikam
• The haram actions that one does • If one wants to clean out the heart, they need to shovel out the
with the organs accumulates in the toxic waste. But if they are going to shovel it successfully and keep
heart. it out, they cannot just shovel, as there will be more toxic waste
• If the heart is to illumined, you have coming in. Thus, one also has to block the pathway of the toxic
to remove all the toxic waste that stream so it cannot enter through the organs, and therefore cannot
has accumulated. The heart cannot enter the heart. Once these pathways are blocked, then one can
be illumined when the effects of
effectively remove all the toxic waste.
our haram actions accumulate
without being removed. • If one keeps trying to shovel out the toxic waste without first blocking the
pathways, then the heart cannot be properly cleansed, and you will
• If a person is listening to haram
wonder why you cannot, for example, have presence in the prayer.
with their ears, that is one entry of
toxic waste that is going to their • If one finds themselves doing, for example, unrestrained glances,
heart. then seek forgiveness and make wudu’ to wipe away that sin, but
• If a person is looking at haram with remind yourself that it is was wrong, and do not allow it to become
their eyes, that is another entry of a habit. If you normalise the bad behaviour, then it becomes
toxic waste that is going to their
heart.
something that you no longer see as sinful, even though it is.
10.4), 10.5) & 10.6) Prohibitions of
the Tongue, including the Prohibition
of Backbiting & Gossip, and the
Various Forms of Lying
5/5/2023, 12/5/2023 & 19/5/2023
Categories of the Prohibitions of the Tongue
All of the prohibitions of the tongue fall under one of five categories:
• 1) Ghiba — backbiting with what is true but disliked
• 2) Namima — gossiping with what is true but not one’s business
• 3) Zur — false witness
• 4) Kadhib — lying
• 5) Fahsha’ — obscenity
Prohibitions of the Tongue
• Words are considered deeds – good and bad.
• Our words are considered like actions. Although we can differentiate what we do with our limbs and what we
do with our tongues in speaking, both of them are considered actions.
• Actions of the limbs and the tongue can be halal or haram. Some of what we say may be obligatory (wajib),
recommended (mustahab), neutral, disliked or haram. The five categories of legal rulings apply to the tongue.
• The tongue is the easiest organ by which one earns good deeds or sins.
• A lot of deeds or sins of the limbs require some active effort or planning, whereas the tongue enables one to
easily say something that could be good or sinful.
• “A slave (of Allah) may utter a word which pleases Allah without giving it much importance, and
because of that Allah will raise him to degrees (of reward): a slave (of Allah) may utter a word
(carelessly) which displeases Allah without thinking of its gravity and because of that he will be
thrown into the Hell-Fire.” (Bukhari)
• “Whoever can guarantee [the chastity of] what is between his two jaw-bones and what is between
his two legs [ his tongue and his private parts], I guarantee Paradise for him.” (Bukhari)
• A scholar noted that this hadith implies that it is difficult to control the tongue. If it was not difficult, then we
would not have this very powerful prophetic guarantee.
Resources
• The ulama have written extensively about the
prohibitions of the tongue. Some mentioned it in
passing, while others wrote chapters or extensive
works on the subject. The three main resources
we are drawing from in this module include:
• 1) ‘Maharim al-Lisan’ by Imam Mawlud. This is a
poem that lists 70 prohibitions of the tongue (but
many of them overlap, so this course does not
discuss all 70, and instead focuses on the main ones.)
• 2) ‘Al Adhkar’ by Imam an-Nawawi. It is all about
dhikr - the Prophetic supplications said in the
morning, evening and at different occasions and
situations in one’s life. The prohibitions of the tongue
are also mentioned in this work.
• 3) ‘Ihya ‘Ulum al-Din’ by Imam al-Ghazali. This work
contains 40 books and one of these books (book 24)
is all about the defects/vices of the tongue (‘Kitab
Afat al-Lisan’.)
Speech is not just verbal!
• The earlier writings of the scholars on the harms of the tongue talk about what we utter, but we
must understand that speech is not just with the tongue, but anything we communicate — what we
write, what we email/message, what we spread on social media, even if we didn’t write it. We
might not have SAID something bad with our tongue, but if our fingers typed it, we play a role.
• So really it is not just prohibitions of the tongue, but prohibitions of how we communicate. And all the
prohibitions of the tongue apply for the other ways in which we communicate.
• The Prophet (SAW) had a vision in which a man was being punished in the grave by having his
mouth ripped open over and over, and he said:
ِ َّ
َ ‫ تُ ْح َم ُل َع ْن ُه َحتَّى تَْبُل َغ اآلَف‬،‫َف َكذاب َي ْكذ ُب ِباْل َك ْذَب ِة‬
‫اق‬
“He is the liar who told a lie that was taken from him and spread across the horizons.”
This means that the lie spread far beyond the original confines where it was said. The spread of
information, including lies and falsehood, occurs even easier with technology/the internet/social
media.
Taciturnity (Samt)
• Taciturnity (or samt in Arabic) is the state or • The Prophet (SAW) said: “He who is silent is
character of being taciturn; paucity of saved.”
speech; disinclination to talk. • Similar principles to this hadith include: “If you
• Taciturnity is from the Latin ‘tacit’, which means keep your lips tight, you'll be alright,” “To remain
‘silence’. hushed is to avoid being crushed,” and “If you
don't make a sound, safety can be found.”
• Samt is a virtue – it is the opposite of the
prohibitions of the tongue. It is often translated • The hadith is powerful because it mentions
as “silence” or “taciturnity.” It is the state of not salvation, and salvation is greater than safety:
speaking a lot. This would extend to other forms “Salvation is stronger than mere safety, because
of communication as well, such as posting on safety applies to be delivered from the evil of
social media. Social media has made others, and is limited to this world, while
backbiting/gossip a danger for everyone. salvation encompasses this world and the Next. It
is therefore as if he said, ‘He who is silent and
• The Prophet (SAW) said, "He who believes in does not speak of what does not concern him will
Allah and the Last Day must either speak be saved from the evil of others and the evil of
good or remain silent“ [Muslim]. Satan’–and whoever is saved from both is
delivered from the intensities of reckoning on the
• Silence here means silence instead of saying
Last Day.” – Ibn Hajar
something bad.
What do you first think of regarding
“prohibitions of the tongue”?
• The typical things people think of include:
• Backbiting
• Cursing
• Slander
• Lying
• Self-praise
• These are all valid. But in Shaykh Muhammad Mawlud’s ‘Prohibitions of the
Tongue,’ where he lists 70 prohibitions of the tongue, the first is: “Referring
positively to something the Shariah has deemed blameworthy and
referring negatively to something the Shariah deemed praiseworthy.”
Covering the truth (deception)
• The first of 70 prohibitions mentioned in Shaykh • When you engage in deception by
Muhammad Mawlud’s ‘Prohibitions of the Tongue,’ giving things false names, you
is: “Referring positively to something the Shariah has undermine the Shariah in ways which
deemed blameworthy and referring negatively to overt sinning does not. A person may
something the Shariah deemed praiseworthy.” deceive themselves, then using their
• Both of these are a form of covering ۟ the truth – the term words to disguise something sinful as
for this is talbis al-haqq (‫) َتْل ِب ُسوا ٱْل َحق‬, as mentioned in the something which is good, they deceive
verse: “Do not mix truth with falsehood or hide the truth others.
knowingly” [2:42].
• When those who engage in a sin know it
• Examples of masking something sinful as something is wrong, then there is a chance they
good: will repent. Even if they do not repent,
they still know in their hearts that it is
• Dating non-Muslim women as form of da’wa
wrong. But if they are convinced that it
• Stating that hijab is oppressive is something which is good, then they
• Committing indiscriminate murder and calling it justify the wrongdoing, and are thus
‘collateral damage’ (or ‘jihad’) less likely to repent because they do not
• Referring to taqwa as ‘extremism’ or ‘fundamentalism’ see it as bad.
• …and more…
Prohibitions of the tongue
• Uttering words of disbelief (kufr), unless one • Lying against the Prophet (SAW.)
is quoting them with disapproval. • “Many scholars of Islam are of the opinion, that
• Uttering kufr is blasphemy, and may remove one lying upon Allah and His Messenger (peace be
from the fold of Islam. upon him) is disbelief, and that it takes one out
of Islam. Lying upon the Messenger of Allah
• Lying against Allah (SWT) by speaking without (peace be upon him) is similarly serious, since
knowledge concerning Him and the halal and indirectly it is lying upon Allah.” –Ibn al-Jawzi
haram, etc. • “Whoever knowingly lies upon me, then let him
• “Say (O Muhammad): ‘My Lord has only occupy his seat in the Fire.” [Bukhari]
forbidden indecent acts, whether overt or • This is referring to purposely lying about the
hidden; all manner of sin; wrongful Prophet (SAW.) If someone shared a weak or
transgression; and [He has forbidden] that you fabricated hadith, without checking its
associate with Allah in His divinity that for which authenticity, then although this is dangerous,
He has sent down no sanction; and that you their ignorance in this matter it is not the same
ascribe to Allah things of which you have no sure as lying against the Prophet (SAW) with intent.
knowledge that they are from Him.’” [7:33] (However, transmitting a lie is a different
prohibition of the tongue.)
• Speaking ill of the Companions • Ascribing sinfulness and defects to the
• We must speak about the companions (sahaba) Prophets and Messengers
with the utmost respect. • One of the core qualities of Prophets and
• The Prophet (SAW) said, “If my companions are Messengers is ‘isma i.e. divine protection
mentioned, be restrained...” from sins. So it is blasphemous for one is
• One should actively avoid delving into and speaking ascribe defects and sins to them.
about the controversies of different sahaba, such as • One scholar even said that no discussion
those that existed during the various caliphates. should be had regarding the details of the
While there is a time and place for historical story of Adam (AS) and his decent to earth
analysis, one should not adjudicate between them, and what transpired, other than what the
or raise the status of one over another, or minimize Qur’an has revealed about it. Otherwise,
the virtues of some, etc. in any disrespectful people read into it a negative view about
manner. Adam (AS) – incorrectly thinking that he
• This also applies to the Ahl al-Bayt (the Family of was “disobedient” because they assume
the Prophet [SAW]) as they are also sahaba. the legal meaning rather than the
linguistic meaning in the verse [20:121].
• Giving one’s uneducated tafsir of the Qur’an from his opinion
• This is a form of speaking about Allah (SAW) without knowledge.
• This can occur when the person speaking is not educated in tafsir, is not a mufassir, or is not citing
a tafsir authority. A person’s qualification in secular studies does not mean they have authority to
convey their own interpretation of Qur’anic verses. One should not try to speak knowledgeably on
matters outside of their area of expertise.
• The Prophet (SAW) said, “Whoever gives his personal view about the Book of Allah and it turns out
to be correct is still mistaken.” [Tirmidhi].
• If a layperson reflects on a verse from the Qur’an and they derive some beneficial lesson from it,
then this is not tafsir. It is their own personal reflection that they have derived from the verse,
such as how they can apply that verse to their life. This personal reflection does not explain the
meaning of the verse. As long as the layperson is not saying or implying that their personal
reflection is the actual meaning of the verse, then that is fine.
• Delving into the Mutashabihat (ambiguous verses of the Qur’an)
• There are some verses which need context and require you to read other verses in order to
properly understand them.
• “As for those in whose hearts is deviation [from truth], they will follow that of it which is
unspecific, seeking discord and seeking an interpretation [suitable to them]. And no one
knows its [true] interpretation except Allah. But those firm in knowledge say, ‘We believe in it.
All [of it] is from our Lord.’ And no one will be reminded except those of understanding” [3:7].
This verse can be interpreted in two ways depending on waqf (stopping) or wasl
(continuation.) One meaning is that no one but Allah (SWT) understands the unclear verses.
The other meaning is only Allah (SWT) and those endowed with knowledge understand the
unclear verses – so only learned people are able to properly interpret the Mutashabihat.
Others cannot interpret the unclear verses using only their own opinion.
• Raising one’s voice [with speech] above • Enjoining what the Shariah prohibits, and prohibiting
Allah and His Messenger (SAW) what the Shariah forbids.
• This prohibition applies even though the • One is prohibited from communicating that something evil
Prophet (SAW) is deceased, as ahadith which is good (e.g. “same sex relations are permissible,” “it is fine
quote him are still transmitted: “The sanctity to drink alcohol as long as you don’t get drunk,”) or that
of the Prophet after his passing is the same something good is evil (e.g. “hijab/modesty is oppressive,”
as his sanctity in life. And his recorded “don’t give charity because it will increase the population
statements after his passing are the same as of ‘impoverished’ people who just want handouts.”)
if he is speaking them, so those who are • “The believers, both men and women, are guardians of
present when they are read must remain one another. They encourage good and forbid evil…”
silent and not raise their voices above his [9:71]. “The hypocrite men and hypocrite women are of
words…” –al-’Izz b. ‘Abd al-Salam one another. They enjoin what is wrong and forbid what is
• Raising one’s voice over one reading a hadith right…” [9:67].
quoting the Prophet (SAW) is like raising your • The Prophet (SAW) said, “Whosoever of you sees an evil,
voice over the Prophet (SAW). let him change it with his hand; and if he is not able to do
so, then [let him change it] with his tongue; and if he is not
able to do so, then with his heart — and that is the
weakest of faith.” [Muslim].
• Spreading false news.
• The Prophet (SAW) said, “It is enough to be considered a liar that one speaks of everything he
hears.” [Muslim]
• One might spread some information to people, believing the information to be true, and then
later find out that the information is false. One should make a sincere effort to try to verify
the information is true (perhaps by checking other sources) before sharing to avoid this
scenario. A person who unknowingly shares incorrect information is not the same as one who
knowingly and intentionally spreads false information.
• “A person will hear things that are true and things that are false, and will therefore be sinful if
he does not verify what he speaks of…one must not spread things unless he is sure they are
true…if he thinks it is false, it is haram for him to spread it; and if he is doubtful he should cite
the source from which he heard it and absolve himself…” –al-Munawi
• Saying “The people are ruined.”
• The Prophet (SAW) said, “Whoever says, ‘The people are ruined’ is the most ruined of them”
[Muslim].
• “There is no disagreement–as far as I am aware–that this hadith concerns one who says this out of
conceit and revulsion of others. On the other hand, if someone says this out of extreme worry for
the state of people due to the dearth of goodness among them, or out of grief over those who have
passed (who were better), this is not what the hadith prohibits.”– Ibn Rushd (al-Bayan wa al-Tahsil)
• If one was to say, “the Ummah is in a bad state,” while this could be true from some perspectives,
but the Ummah will always have goodness. So it is fine for a person to utter this statement out of
general sadness for the state of the Ummah, as they are not negating the existence of
righteous/pious people or those who are trying to be good Muslims. Similarly, it is fine for one to
utter this kind of statement when reminiscing on the state of the Ummah now compared to 1000
years ago – such that they are remembering the great accomplishments of the former
empires/caliphates of the Muslims. Uttering this statement in those contexts is different from one
who says, “the people/Ummah are ruined,” out of conceit or arrogance, as they think highly of
themselves and look down on others. It is uttering such statements with arrogance and thinking
themselves to be better than others which is haram.
• Self-aggrandizement (tazkiyya al-nafs) – a person praising himself for his good qualities.
• It is only permissible to speak of blessings as a way of expressing gratitude, not bragging. For
example, it would be permissible to say, “Allah (SWT) has blessed me with the ability to pray
Tahajjud consistently for 1 year.” While it would be better to keep this quiet, it is fine to say, so
long as one is expressing gratitude or encouraging someone, and not bragging or showing off.
• It is permissible to speak of one’s expertise if it is not known and is of value.
• The Prophet (SAW) said, “Seek help in the fulfillment of your needs by being discrete, for everyone
who is given a blessing will be envied.” The scholars say that this verse applies for matters which
are incomplete, for example, you are planning to get married, or to go on a holiday, or start a
business, or are developing something, etc. These sorts of matters should be handled privately
until things are finalized, in order to be protected against evil eye and the envy of others. And be
mindful of who you share information with. If you think someone will be envious or unsupportive,
then don’t share information with that person. Only share information with people who you trust
and love who will share in your happiness, gratitude and will say “Alhamdullilah” and mean it.
• Gloating at a Muslim’s misfortune (shamata). This is to express joy when a Muslim has suffered a
loss.
• Even if someone if your enemy or some bad blood arose between you, you should not wish misfortune on
them.
• If you genuinely believe they have wronged you, such that they are thalim (oppressor), then you should not
wish for a misfortune to befall them, but rather that they stop committing thulm (oppression.) And if
something happened that stopped their thulm, then you can be happy about that, without being happy about
their personal suffering. For example, if there was a man who was cheating in their business by making up lies
about others, and then he became sick/injured and is hospitalized, then you can be happy that he is no longer
cheating and lying about people (as the sickness/injury has prevented him from being able to do so,) without
being happy about the sickness/injury that has befallen him and his suffering.
• Wishing for death.
• “Let none of you wish for death due to an affliction that has struck you. If you must, then say, ‘O Allah, give
me life as long as life is good for me, and take my soul in death when death is better for me.’” [Bukhari]
• “This applies to when one wishes for death due to an affliction and the like. If one hopes for death out of fear
for his religion, or due to the corruption of the age, and the like, it is not disliked.” –al-Nawawi
Permissibility of the Statement: “Our brothers
among the Christians and Jews”
• It is permissible to use the statement, “Our brothers among the Christians and Jews,” because in a
hadith, the Prophet (SAW) said, “None of you will have faith until he loves for his brother what he
loves for himself.” According to the commentary of Imam Nawawi, “akh” (brother) in this hadith
can refer to brothers in faith, meaning fellow Muslims, or brothers in humanity, whether they are
Muslim or non-Muslim.
• So the meaning of the hadith could be, “You are not a true believer until you love for your brother in
humanity what you love for yourself.” So if you love guidance for yourself, then you should love guidance for
those people who you would call brothers. So even non-Muslims are brothers in the broad sense, as we are all
descendants of Adam (AS).
• However, sometimes there are people who use this statement so frequently that it causes
confusion among people. So while can say the statement in its general sense, or even call a
(unrelated) non-Muslim a “brother” or “sister”, if you are in an environment where it will cause
confusion, misunderstanding or backlash, then it is better not to say it.
• Module 12 will address the topic of salvific exclusivity and related issues. Islam is the only
acceptable religion, and we do not refer to people as saved unless they have Iman.
Backbiting and Gossip
• “Backbiting and gossip are two of the ugliest and most frequently met
qualities among people, few people being safe from them.” –Nawawi
• Backbiting (giba) is speaking about someone disparagingly when they are not
around, even if it is true.
• Gossip/talebearing (namima) is a form of backbiting, but worse.
• Backbiting and gossip are related. They can take various forms, and they also
have some exceptions where it becomes permissible to discuss or reveal
some information about someone.
• Even an outwardly very religious person may succumb to backbiting, as it is an
easy bad habit to fall into, and is so widespread.
Backbiting (Giba)
• Backbiting is haram according to the Qur’an, the Sunna, and consensus. It
is considered a major sin.
• “And do not spy, nor backbite one another. Would any of you like to eat the flesh of
their dead brother? You would despise that!” [49:12].
• So backbiting is like eating someone’s flesh metaphorically, by talking about them in their
absence.
• “Woe to whomever disparages others behind their back or to their face.” [104:1]
• The Prophet (SAW) said, “Do you know what backbiting is?” They said, “Allah and His
Messenger know best.” He said, “It is to mention something about your brother (in
his absence) that he would hate.” It was said, “What if what I say about my brother is
true?” He said, “If what you said about him is true then you would have backbitten
him, and if it is not true, then you would have slandered him (buhtan)” [Muslim].
• So saying something true about someone in their absence is backbiting, and saying something
false about someone in their absence is slander (which is an even worse sin than backbiting.)
Definition of Backbiting (Giba)
• Imam Nawawi defined backbiting as: To mention anything concerning a person that he would dislike,
whether about his body, religion, everyday life, self, disposition, property, son, father, wife, servant, turban,
garment, gait, movement, smiling, dissoluteness, frowning, cheerfulness, or anything else connected to
him.
• The way of mentioning the negative thing e.g. using words, speech, writing, sign, or by gesturing (indicating him with
one’s eye, hand, head, or other limbs,) etc.
• Backbiting about their body e.g. blind, short, lame, bald, short, dark, pale, etc.
• Backbiting about their morality/religiosity e.g. corrupt, cannot be trusted, a tyrant, does not care about salat,
dishonorable, stingy, etc.
• Backbiting about their lifestyle/everyday life e.g. his manners are poor, does not care about others, talks, eats, or sleeps
too much, etc.
• Backbiting about their father, mother, spouse or other relatives e.g. saying that his father is corrupt, or that is a cobbler,
carpenter, blacksmith, etc. (if mentioned derogatorily, so as to imply they are of a lower socioeconomic status.) The honor
of your relative is connected to your honor.
• Backbiting about their disposition e.g. he has bad character, is arrogant, a show-off, hasty, domineering, fainthearted, etc.
• Backbiting about their clothing and property e.g. his garment is dirty, bad taste in clothing. His car is ugly and falling apart.
• The determining factor is mentioning about a person what he would dislike.
Other forms of backbiting
• 1) Mimicking another idiosyncrasies. This includes mimicking a person’s limp, or similar
posture, or accent.
• 2) Slander in published works. This also includes writing such things, like saying, “So-and-
so is such and such.”
• This is unlawful if one intends to demean him, but it is permissible (and not backbiting) if he is
clarifying a person’s mistake so others do not fall into it.
• It is not backbiting if a person mentions the fault but does not identify who is intended (and the
person who is told cannot determine who it is.) e.g. “someone (who I won’t name) did such-and-
such.”
• 3) Backbiting by allusion and innuendo.
• When the person being spoken to understands who one is referring to, it is backbiting to say,
“Someone did such-and-such.”
• This includes passive-aggressive forms of backbiting, such as when someone is asked about a
person, he replies, “May Allah forgive us” or “May Allah improve him” or “We seek refuge in Allah
from evil”—from which the listener understands the person’s shortcomings.
Listening to backbiting
• Just as backbiting is haram for one who • Imam al-Ghazali notes that it is hypocrisy (nifaq) to tell a
says it, it is haram to listen to it backbiter to remain silent while desiring in his heart that the
approvingly. It is obligatory (wajib) on backbiter continues so he can hear what is being said. This
one who hears backbiting to tell the does not lift the sin from him, because he must also hate it in
person to stop, as long as telling him to his heart.
stop does not cause a greater evil. If a • You do not just prohibit evil with the tongue, you also prohibit it
greater evil is likely to occur from with your heart.
telling the backbiter to stop, then he • The Prophet (SAW) said, “Whosoever of you sees an evil, let him
must hate it in his heart. change it with his hand; and if he is not able to do so, then [let him
change it] with his tongue; and if he is not able to do so, then with
• Although one could argue that engaging
his heart — and that is the weakest of faith.” [Muslim].
in backbiting is worse than listening, if
one is backbiting then there is inevitably • If a person is forced to remain in a gathering in which
one who is listening to it. backbiting is taking place and he cannot condemn it, he must
• When a person who hears backbiting hate it in his heart and actively avoid listening to what is being
can condemn it, then he must. He said. He should occupy his heart with Allah’s remembrance
should either change the subject or, if (with the tongue and heart, or the heart alone). When this
he can, get up and leave. happens, whatever he hears will not harm him.
Conditions that excuse backbiting/gossip
• Knowing the conditions that excuse backbiting/gossip is important because
it helps us ensure that rights to people are properly fulfilled, and that
people are not oppressed, and they can get answers to their questions and
have their problems solved.
• It is also important to properly understand the conditions that excuse
backbiting/gossip so that Shaytan does not deceive us into thinking that
something we are saying falls into one of these exceptions, when really it is
not.
• When in doubt, avoid backbiting/gossip. And if you think that the
exception applies, then clarify and make sure before engaging.
Conditions that excuse backbiting
• 1) Redressing grievances. • 3) Asking for a legal opinion (fatwa).
• Someone wronged may seek redress from the Islamic ruler, judge, or • One can go to a Mufti and say, for
others with authority or power to help them against one who has example, “My father did such-and-
wronged them. One may say, “So-and-so did such-and-such to me.” such; what is the ruling on this?”
• Even though the one who did the wrongdoing would probably not • To be on the safe side, one does not
want other people to discuss it, it is permissible for the one who is need to mention who is involved and
wronged to mention it when seeking redress, and mention the can say, for example, “What is the
wrongdoer by name. Islamic ruling on a person doing XYZ?”
• This does not permit one to backbite the wrongdoer concerning • An example is when Hind, the wife of
things unrelated to the wrongdoing. Abu Sufyan, went to the Prophet (SAW)
for his counsel and said, “O Messenger
• 2) Eliminating wrongdoing. of Allah, Abu Sufyan is a stingy man…”
• This is by saying to someone who can set things right (such an Even though this is technically
authority figure, like a parent, teacher, imam etc.), “So-and-so is backbiting, as it is something which is
doing such-and-such, so warn him to not continue.” This is said behind Abu Sufyan’s back which he
permissible provided the discussion is about only the offense, and would not like, the Prophet (SAW) did
not unrelated matters. not reprimand her for this, as she said
• If the person who is informed is powerless to rectify the situation, it in order to be properly advised.
then asking them for assistance in the matter is impermissible.
• 4) Warning Muslims of evil. This can take several forms:
• a) Impugning unreliable hadith transmitters or court witnesses, which is obligatory because of the need for it.
This was allowed for the purpose of preserving authentic ahadith, and is not applicable in our times.
• b) When a person seeks advice about marrying into a certain family, or entering a business partnership with
someone, or depositing something for safekeeping with him, etc. it is obligatory to tell the person asking what
one knows about the other, in order to advise him. If one can accomplish this by merely saying, “Don’t do it”
or “I wouldn’t advise it,” it is better, but if it cannot be accomplished without mentioning the individual and
the details, one may do so.
• c) When one notices someone going to learn from a teacher who is guilty of reprehensible innovations in
religious matters, or who is corrupt, and one feels that it will harm the student. (This could also apply if one
believes the teacher is unqualified to teach a particular subject.) This is a difficult because of sectarian
differences among Muslims, or because the one’s warning may be motivated by envy, but Shaytan has
convinced him that it is heartfelt advice. There has to be a basis for the claim.
• d) When there is someone in a position of responsibility and they are not doing their job properly, because of
being unfit for it, etc. One must mention this to those with authority over him so he can correct him or
remove him and find another to do the job. So if you know someone is cutting corners, cheating people, not
following proper procedures, doing their assigned work etc. you can say something about this. (But is can be
tricky, as Shaytan may cause one to backbite someone out of disliking them, rather than for the purposes of
removing an incompetent person from their job.)
• You cannot just baselessly backbite someone you don’t like because you think they’re evil.
• 5) Someone unconcerned with concealing their sins.
• If a person openly sins without shame and publicizes it (speaking about it openly and proudly, broadcasting it
on social media, etc.), perpetuates falsehoods openly, it is permissible to speak about their faults.
• It is still impermissible to mention their other faults which they do not publicize.
• For example, if a Muslim had a Tik Tok account where they make posts showing them engaging in haram
activities, for the purpose of getting likes, followers and attention, and you said, “they are shameless and they
post garbage,” then this is not backbiting, as the Tik Toker is proudly publicizing their degeneracy. Because the
Tik Toker wants attention from the content they post, then speaking behind their back about it is not
something they dislike, and the proof that they do not dislike it is the fact that they publicize it and are proud
of it. And so talking about it negatively is not backbiting.
• 6) Identification. If someone is known by a nickname like “the lame” (A’raj) or “the deaf” (asamm)
etc., and they are fine with that nickname, then it is permissible to identify them with it.
• If the person has accepted that nickname for themselves, then it is fine for people to refer to them as such.
• Also, there may be a trait a person has which is not their nickname, but it is used to distinguish them from
someone else, and this is fine (as long as it is not offensive.) For example, if there are two people called Zaid,
and someone needs clarification on which Zaid is being mentioned, then one can say, for example, “short
Zaid.” Zaid is not being disparaged in this case, as “short” was only said as a way to distinguish him from
others.
Namima (Talebearing/Gossip)
• Namima (talebearing/gossip) is usually applied to someone who conveys to a person what another
person has said about him, such as by saying, “So-and-so says such-and-such about you.” For example,
calling Zaid and saying, “Did you know Amr said such-and-such about you yesterday?” It is not limited
to this, but consists of revealing anything whose disclosure is resented, whether resented by the
person who originally said it, the person to whom it was disclosed, or by a third party.
• It makes no difference whether the disclosure is in word, writing, a sign, nodding, or other; whether it
concerns word or deed; or whether it concerns something bad or otherwise. The reality of talebearing
lies in divulging a secret, in revealing something confidential whose disclosure is resented.
• Example: Someone got a job promotion but didn’t want to tell too many people because they were worried others
might get jealous or give them the evil eye, so they only told a few people they trusted. But then one of those
people who were told phoned their friend and relative and spread the news around, giving rise to gossip and envy,
and this creates resentment between people.
• Gossip is worse than backbiting, because it is backbiting and more, specifically when the intention is to
create rifts with people.
• Example: Someone calls their relative and says, “You shouldn’t invite Zaid over to your house because his uncle was
arrested outside of a gambling center last night. That whole family is bad news!” This is creating resentment and
distrust of Zaid and his family.
What to do when approached with namima
(Talebearing/Gossip)
Anyone who is approached with gossip (namima) must • 5) Not allow the gossip to cause you to spy or
do six things: investigate whether it is true.
• 1) Disbelieve it, because gossipers are corrupt, and • If it comes to light that the rumor is true, then
that is how it is. But you cannot go out of your
their information is unacceptable. way to find evidence to prove it is true. It is
• The gossip may just be a rumor, and you might not have between them and Allah (SWT), unless they
a means of verifying that information. expose themselves or Allah (SWT) exposes them.
• 2) Tell the gossiper to stop, admonish them about it • Muslim authorities cannot install cameras or
and condemn their shamefulness. other equipment inside a person’s house to
catch them in the act. Islamic law applies when a
• 3) Dislike them for the sake of Allah (SWT), for a person is publicly caught doing something
gossiper is detested in the sight of Allah (SWT.) wrong, or when there are multiple reliable
witnesses.
• 4) Not think badly about the person whom the
gossip is about. • 6) Not commit the same actions as the
gossiper, by relating the gossip to others.
• This can be difficult because the rumor may be true, and
you may be biased towards believing it. However, since • If a gossiper tells you some gossip/rumor, then
the gossip is not factual or verified, then you cannot you should not spread that gossip, otherwise you
think badly of the person based on the gossip alone. become a gossiper yourself.
Exceptions of gossiping
• Imam Nawawi stated, “All of this applies when there is no Shariah
countenanced benefit (maslaha shar’iyya), otherwise it may be
recommended or even obligatory, such as one who learns that a
person intends to harm others, so he goes and warns them; or
informing the Imam or leader about the condition of one of his
appointees who is wronging others, etc.”
• If someone called you and said, “So-and-so told me that they plan on stabbing
so-and-so,” then you do not know if this rumor is true or false, but it involves
another person in a major way. It is not just a defect in the character of the
potential perpetrator, but a potential action that can cause harm to someone.
And to prevent that harm from taking place, it is permissible to inform others.
Leaving a bad review of a product/service
• If you had a bad experience as a customer with a product or service,
you are allowed to leave a bad review, as long as what you are saying
is true and relevant to your experience with the product or service.
• Your review can help other potential customers be informed and know what
to expect.
• Your review should not comment on things which are irrelevant to your
experience with the product or service, such as the appearance of a staff
member there (e.g. “the waitress who served us had bad highlights in her
hair.”)
Criticising politicians or their policies
• If the policies and outcomes are a direct responsibility of a certain politician, and you are
critiquing the corruption that the politician is currently openly and publicly doing, then
that could fall under one of the exceptions of backbiting – which is the case of backbiting
one that is unconcerned with concealing their sins. If the politician is openly oppressing
or committing wrongdoing and is unashamed about it, then one can speak on this, and it
is not backbiting necessarily.
• If one was to comment on the politician about matters unrelated to their corruption or
wrongdoing, then that may still be backbiting.
• However, there is a difference between speaking out about corruption and ranting for
the sake of ranting.
• Ranting alone does not really have any impact. There is a point of diminishing returns where
ranting about it does not really change anything. Educating people about policies or explaining the
wrongdoing of a politician can be beneficial, but otherwise, ranting about them does not result in
any meaningful change.
Difference between commenting on something
obvious and backbiting
• In the Hanafi madhab, it is wajib for men to keep a beard. This implies that a man who does not keep a
beard is sinful. If a beardless Muslim man went out in public, then it could be considered that he is
publicly being sinful. If you commented, “That man does not have a beard,” this would not be backbiting,
as it is obvious to the public (i.e. anyone who sees him) that the man is beardless. Similarly if you said
about a Muslim woman, “that sister does not wear hijab,” you are not backbiting her, as she publicly
does not wear hijab.
• But if one was to say, “that brother is a cheat and a scumbag,” or “that sister is so unfashionable,” behind
the backs of the brother/sister being discussed, then this would be backbiting, as those things are
unrelated to the sin of not keeping a beard (as it pertains for men), or not wearing the hijab (as it
pertains for women.)
• The exception of backbiting one who is unconcerned about concealing their sins does not mean it is
acceptable for others to say whatever they want about those people. It only means that you can mention
the sin(s) that person does publicly or openly.
• …Unless you are trying to advise someone who may be getting involved with them in a business agreement or
marriage, etc. for example, “This boy is my relative and I know he does not observe his salah and does not attend
Jummah, so don’t marry your daughter to her.” Another example would be revealing details about a person’s sins,
which make them unfit to be a witness in a trial.
Can you backbite an entire tribe or people?
• Nahlawi: “If a person spoke about the people of a certain tribe, it would not be
considered backbiting because he only intended some of them and not all of
them, and those about whom he spoke are unidentified…”
• Examples: “New Yorkers are rude,” “You have to watch out for the shopkeepers in Karachi;
they’ll cheat you,” or “French people are xenophobic.” These statements don’t apply to every
New Yorker, Karachi shopkeeper, or Frenchman. Rather it is a person’s general assessment—
right or wrong—and not targeted at specific people.
• Stereotypes do not apply to every single person belonging to a particular community (but
there may be some truth to them.) It could mean something is widespread or common in
that particular community, based on your own experience or the opinion of others.
• If you say a general statement that identifies a generic person, or someone you intend but
you have not identified, and you link them to a larger group that they are a part of, you are
not technically backbiting that larger group. It is understood that these general statements
are not meant in an absolute sense.
Two people conversing so a third cannot hear
• The Prophet (SAW) said, “When there are only three of you, two of you may not speak together
apart from the third unless you join a group of others, lest you doing so sadden him.”
• Nahlawi: This hadith prohibits two individuals conversing privately when a third is present, and
likewise prohibits three or more people from doing so when there is a single person apart from
them. The prohibition indicates its unlawfulness, it being impermissible for a group to converse
apart from a single individual unless he gives his permission…as for when there are four people
and two of them speak privately in low tones apart from the other two, scholars agree that there
is no harm in this.
• The prohibition here does not apply to the words being said – it is not about the content of the speech – but
rather, the way in which it is communicated, whereby it excludes someone from the conversation, and the
excluded person has no one else to talk to. If there is another group of people present, then it is fine, as that
person can join this other group. A person should not be excluded and left alone without anyone to talk to, as
it may cause them distress, feel lonely, and make them wonder if people are talking about them. But if there
is a lone person without anyone to talk to, but they have given permission to remain excluded from the
conversation with the other people present, then this is fine too.
Two people conversing so a third cannot hear
• Excluding a person from a conversation can involve the conversing people moving
or being at some distance anyway from the one they are excluding, speaking in
hushed tones, or speaking in a language that they excluded person does not
know (with the intention of excluding them.) However, the speech is conveyed, if
there is a person excluded who has not given their permission to be excluded,
then it would be included in this prohibition. Unless there is a valid reason, such a
language barrier.
• If you are in a situation where there is someone who is or will be excluded from a
conversation you are having with someone or some people, then you can politely ask the
excluded person for permission, such as saying something like, “Please excuse me, I just need
to say something to my friends using our native language,” so that the excluded person does
not feel left out.
Definition of Lying
• Nawawi: Primary texts of the Qur’an and the Sunna that it is unlawful to lie are both numerous and
explicit, it being among the ugliest sins and most disgusting faults.
• Lying is the intentional affirmation of something knowingly that is contrary to its reality.
• 1) The condition “intentional” excludes unintentional speech, such as a slip of the tongue.
For example, if someone says, “Zaid visited yesterday.” But they meant to say ‘Amr visited. This is unintentional
and one is not accountable for such a slip of the tongue.
• 2) The condition “knowingly” excludes a statement that is merely incorrect unbeknownst to the person.
For example, if someone says, “Zaid is American.” However, what he didn’t know was that Zaid is actually from
the UK and merely moved to the US later in his life. So the statement is false, but it is not a lie as the person
said it unknowingly. It is merely an error in speech – this is excused and not considered a lie.
• If one’s mistaken or errored speech is of little to no consequence, one is not obliged to recant or
correct their statement. But if it is something of religious or worldly importance, one must clarify
the mistake, if possible.
• The Messenger of Allah (SAW) said, “Mistakes, forgetfulness, and that which one is forced to do
(under threat or dire necessity) is excused for my community (ummah).” [Tabarani]
When one can lie
• Imam al-Ghazali: “Speaking is a means to achieve objectives. If a praiseworthy aim is attainable
through both telling the truth and lying, it is unlawful to accomplish through lying because there
is no need for it. When it is possible to achieve such an aim by lying but not by telling the truth, it
is permissible to lie if attaining the goal is permissible (when the purpose of lying is to circumvent
someone who is preventing one from doing something permissible), and obligatory to lie if the
goal is obligatory... it is religiously precautionary in all cases to employ words that give a
misleading impression...”
• “…If a praiseworthy aim is attainable through both telling the truth and lying, it is unlawful to
accomplish through lying because there is no need for it…”
• If a person wanted to attain something praiseworthy, and they had the choice to obtain it by telling the truth
or lying, then it is haram to do so through lying. For example, if your car was broken and you wanted to
borrow your neighbor’s car to go to the masjid (a praiseworthy action), then you should not lie to your
neighbor and tell them you need the car to go grocery shopping, when you would still get the car from your
neighbor by admitting you wanted to go to the masjid.
When one can lie
• “…When it is possible to achieve such an aim by lying but not by telling the truth, it is
permissible to lie if attaining the goal is permissible (when the purpose of lying is to
circumvent someone who is preventing one from doing something permissible),…”
• If a person wanted to do something which is permissible that is a real need for them, or because
of a threat to one’s life or wellbeing, or to circumvent someone who is preventing one from doing
something which is permissible, and you could not achieve it by telling the truth, then lying is
permissible. For example, if a person knows they will be denied urgent medical attention by telling
the truth, then it may be permissible for them to lie to hospital staff in order to quickly receive
treatment. Lying is allowed here because one is trying to do something permissible (save one’s
life,) and they may not be able to achieve that through telling the truth.
• If you wanted to ask your relative for money to buy ice-cream (which is something permissible),
but you know they will not give it to you, you cannot lie and say you need the money to buy
dishwashing liquid, as eating ice-cream is not a real need, just a desire.
• If possible, it is better to avoid lying and instead use language in such a way that you say
something, but imply another meaning which they do not pick up on (i.e. words that carry a
double meaning.)
When one can lie
• “…and obligatory to lie if the goal is obligatory... it is religiously precautionary in all cases
to employ words that give a misleading impression...
• For example, if you know that telling people/colleagues the truth about going to pray salah will
cause them to prevent you from praying or some other bad outcome, then it would be permissible
to lie and give another excuse instead, such as “I’m going to the bathroom,” or “I’m going to pick
up my child from school.”
• “it is religiously precautionary in all cases to employ words that give a misleading
impression...”
• There are multiple ahadith which mention using misleading impressions to avoid lying, for the
purposes of preventing one from being in a dangerous situation. But if you are in a dangerous
situation and lying will protect you, then lie.
• When Imam Layth ibn Saʿd did not want to receive someone visiting him, and they knocked on his
door, he would instruct his servant, “Tell them to go look for me at the masjid.” Technically the
servant is not speaking a lie by saying this. (But if the visitor then asks, “is he at the masjid?” then
the servant would be in a tricky position.)
Permissible lying
• The Prophet (SAW) said, “He who settles disagreements between people to bring
about good or says something commendable is not a liar.”
• For example, if your wife burnt the rice/curry at the bottom of the pot, but you tell her, “This
is delicious,” even though it does not actually taste so good. You do this to keep the peace
and be compassionate. Another example is if the husband asks, “How do I look?” and the
wife says, “You look handsomer by the day!” even though this is not technically true, it makes
the husband feel good about his appearance, and brings tranquility to the relationship.
• Lying used to bring peace between people who are at odds with each other, or to facilitate
tranquility between people, is generally permissible, because the intention is good.
• Umm Kulthum said: “I did not hear him permit untruth in anything people say except for
three things: war, settling disagreements, and a man talking with his wife or she with him [in
smoothing over differences].”
Permissible lying
• Lying itself is not intrinsically prohibited. Rather, it is prohibited due to the harm that it causes to the
listeners and others (and possibly the liar themselves). Such harms can include deception,
misinformation, confusion, etc… [Ghazali, Ihya’ ‘Ulum al-Din]
• Since lying is not intrinsically prohibited, there are situations where lying may be permitted and may
even be obligatory.
• An example of permission is a small mistruth (i.e. a white lie) in order not to hurt someone’s feelings, such as “the
food was good.”
• An example of obligation is if an oppressor is searching for someone to kill them unjustly. If they ask you where
that person is, and you know, it is obligatory to lie to protect that person’s life.
• Generally, if you know telling the truth is going to cause a great evil and fitna between two people, then ideally,
attempt to use general statements, instead of outright lying, to diffuse the situation and give the impression that
the situation is different. (One must navigate these scenarios carefully, as lying might be fine and applicable in
one case, but not necessarily be fine nor applicable in another case.)
• Keeping something hidden may or may not be deception, depending on the situation.
• For example, if you have a secret bank account that no one knows about, then you are not lying as you are not
informing anyone of something that is contrary to reality. This may take a different ruling depending on who is
affected and how.
Exaggerations
• Customary exaggerations are not deceiving, and so is not one of the prohibitions of the
tongue.
• Although an exaggeration involves saying something that is contrary to reality (e.g. “It takes you a
100 years to get ready!” “I told you a million times to do the dishes!”), that does not make it a lie.
As long as the exaggeration is not done for the purpose of deceiving then it is fine as it is
understood by the listener that it is exaggeration. For example, if someone stated, “This pizza is
1,000 times better than that” it is understood that this is an exaggeration used for additional
emphasis.
• If a seller exaggerated the qualities of a product they are trying to sell, such that they are
deceiving a (potential) buyer, then this kind of exaggeration would be impermissible.
• The Messenger of Allah (SAW) said when asked about a possible spouse for a woman,
“As for Mu’awiya, he is poor and does not have any wealth. As for Abu Jahm, he doesn’t
put his stick down from his shoulder…” [Ahmad, Musnad Ahmad]
• The expression about Abu Jahm has been interpreted in a few ways; one of them is that he travels
a lot, hence the emphasis.
Acting
• Role-playing, in most cases, does not constitute lying. Lying is prohibited for specific
reasons, one of them being deception. When someone is watching someone act, role-
playing, or acting, they are aware that this act is not real.
• Likewise, fictional stories are not considered to be lies, as people are generally aware
that the story they are hearing or reading is fictional. For this reason, one must not make
a fictional story appear as though it is a real story.
• A note on scouting/spying: The seerah has numerous examples where a scout from the
Muslims went to an enemy group in order to gather intel. Some even pretended to be
allied with the enemy. One example is Muhammad ibn Maslama (RA), who pretended to
be secretly opposed to the Muslims in order to gain the trust of Ka’b ibn al-Ashraf, before
assassinating him.
Avoiding lying
• Even in situations where it would be permissible to lie, it is ideal to try to avoid
lying.
• Instead of lying, one can instead try to use misleading language, such that your
intention is different from how the listener understands it, so it is not an explicit
lie.
• One can say something generic to avoid mentioning specific details. For example, when asked
where you went, instead answering which stores you shopped at, you might say, “I was
running errands,” and since your shopping trip involved you running errands, then this is
actually true.
• Even situations where you use misleading language instead of lying should ideally
be avoided, as it could eventually lead you to lying (in an impermissible way.)
• A person who uses misleading language may eventually get caught in a lie.
Caution when issuing divorce (“talaq”)
• If a husband pronounces divorce (“talaq”) on the wife, even jokingly, then it
counts as a legitimate initiation of divorce.
• One should avoid this word, unless they are legitimately and
wholeheartedly want to divorce, as the consequences of issuing divorce
are serious.
• There are also other phrases which imply divorce, such as “You are
separated from me,” “Go back to your family,” “You are no longer lawful for
me,” “Our marriage is over,” “This marriage is done,” etc. These phrases
should also not be taken lightly, as they can initiate divorce if one intends
divorce by them.
Conversing about the immoral
• Nahlawi: Conversing about what is useless or immoral means discussing acts of
disobedience, such as stories about drinking sessions and fornicators when there
is no legitimate purposes connected with the conversation, which is unlawful
because it manifests one’s own disobedience or another’s without there being
any need to.
• If something is haram to do, then it is haram to speak about it, unless there is a legitimate
need. And there are some situations where there is a legitimate need to speak about
immoralities taking place. Discussing the sins/immorality of others can be done when it
serves a greater purpose, such as reflecting on the state of the people, to serve as a reminder
and warning of the dangers of certain immoral behaviors, to provide solutions to remedy
certain situations etc.
• However, talking about the immorality or sins of others just for your own entertainment is a
prohibition of the tongue. These days, social media plays a big role in this, as people share
posts and videos showing immoral language and behavior, and these are usually shared for
entertainment purposes, without any overarching benefit or educational content.
Ridicule and sarcasm
• Nahlawi: Ridicule entails showing disdain, sarcasm, or contempt for
another in a way that causes laughter, whether by mimicking
another’s words or actions, by a gesture, or by allusion. It is unlawful.
Allah says: “Those who demean believers who voluntarily give
charity—ridiculing those who find nothing but their own effort—it is
Allah who ridicules them, and they shall suffer a painful torment.”
• It is impermissible to ridicule, insult or demean others (if it would be hurtful
to them.)
Ridicule
• Ridicule is only unlawful when it hurts others’ feelings.
• As for someone who purposely makes himself a laughingstock, perhaps such a person
enjoys it, and jokes about him are considered mere humor.
• Friends typically joke around with each other, and this is fine as long as no one is offended or hurt
by what is said about them.
• What is unlawful is the sarcasm that offends the person ridiculed, because of the insult
and disdain involved, such as by laughing at his way of speaking, what he does, how he
looks, or his physique because of a defect therein, etc. To laugh at any of these is to
commit ridicule which is unlawful.
• It is the feeling of hurt or offense that is invoked which makes the ridicule haram. If you jokingly
ridiculed one friend, and they were fine with it, then you used the same joke/statement to ridicule
another friend, but that friend got offended by it, then the prohibition applies in the case where
the friend was offended, even though the joke was the same.
False disputation/argumentation or picking
apart another’s words (Mira’)
• Nahlawi: This consists of attacking another’s speech by revealing the mistakes in it, whether it is
weak Arabic, meaning, or the intention of the speaker, as when one says, “This is true, but you do
not intend the truth with it” when such an attack involves no other motive than contempt for the
other and displaying one’s cleverness. It is unlawful.
• There are some know-it-alls who like to display their intelligence. And some do this by bringing others down
by picking apart their words, such as mistakes in their Arabic, or spelling, grammar or pronunciation, which
are basically inconsequential. It is just pettiness. Their intention is not to educate others, but make themselves
appear smart by making others look dumb. They look down on those who they are “correcting.”
• (Responding to arguments that require a response, due to the potential harm in worldly or religious matters,
is permissible as long as the response is given by someone who is qualified and able. But if there was a person
who was spreading deviation, and one exposed that person’s ignorance in order to discredit them, that would
also be permissible.)
• The Prophet (SAW) said, “Whosoever forgoes cavil (mira’) when he is in the wrong will have a
home built for him on the edge of Paradise, and whosoever forgoes it when in the right will have a
home built for him in the middle of Paradise…”
Asking about another’s mistakes
• Nahlawi: It is forbidden to ask about another’s errors and blunders in order to tell
them they made a mistake or to embarrass them, being unlawful because it
entails injury to another and belittling him in front of people. But when one’s
asking about mistakes is to learn or teach, to test or sharpen students’ minds or
make them reflect, then it is recommended and desirable, because it facilitates
the comprehension of religious knowledge.
• There are certain settings where it is beneficial to correct someone or pick apart their
mistakes, and this should be done without the intention of demeaning them. It should be
done with the intention of imparting education. And one of the best ways to learn is through
making mistakes, and also by getting corrected by a teacher in a constructive manner.
• Correcting someone or picking apart their mistakes just to demean them, put them down or
make them look dumb, then this is unlawful.
Obscenity
• The Prophet (SAW) said, “A believer is not given to reviling, cursing, obscenity, or
vulgarity.”
• Nawawi: Obscenity and vulgarity are forbidden, as attested to by many well-
known sound hadith; obscenity meaning to express ugly or vulgar matters in plain
words, even if they are true and the speaker is being honest. One should instead
express such things by alluding to them in a polite way that nevertheless conveys
what is meant, as is done by the Holy Qur’an and authentic noble hadiths. Allah
says: “It is permitted to you on the night of the fast to enter unto your wives.”
• “Plain words” includes words that are known to have a particular meaning, like how the f
word is associated with sexual intercourse. Sometimes vulgarity is haram, and sometimes
plain words are not haram but crass. And so it is better to express something vulgar using less
explicit/offensive language, such as by using euphemisms.
• Generally, it is haram to use curse words, as per cultural norms. And over time, what a
culture considers to be a curse word changes as the language evolves.
Insults
• In general, curse words should be avoided. But there are some situations were the use of vulgar
words results in a greater outcome that excuses the use of the vulgarity.
• “When ‘Urwa b. Mas’ud, who came as a negotiator on behalf of the idol-worshipers at al-Hudaybiyah,
said to the Prophet (Allah bless him and give him peace): ‘By Allah I see faces, and I see a mixture of
people who are most likely going to flee and desert you,’ Abu Bakr said to him: ‘Suck the @*%$! of al-
Laat! Would we flee and desert him?’ He said: ‘Who is that?’ They said: ‘Abu Bakr.’” (Bukhari)
• This is not an incident which impugns the high rank and honor of Abu Bakr (RA)!
• Ibn Hajar: It was the custom of the Arabs to revile one another in this manner, but by mentioning the mother, so
Abu Bakr wanted to go further in reviling ‘Urwa by referring to his object of worship instead of his mother. What
made him do that was his anger towards him when he accused the Muslims of being cowards and saying that they
would flee. This also indicates that it is permissible to say words that are regarded as foul or bad for the purpose of
rebuking one who behaves in a manner that leads to him deserving that.
• Ibn al-Munayyir said: “In the words of Abu Bakr we see an insult to the enemy, a rejection of their beliefs, and
highlighting the flaws in their belief when they said that al-Laat was the daughter of Allah – exalted be Allah far
above that – by suggesting that if she was a daughter that she would have what every female has.”
• This is not to be used as an excuse to curse anyone out if they upset you. The purpose of quoting this example is to
show that there may be situations where insulting someone is the most effective tool in preventing someone’s
harm (from an aggressive or threatening person) or silencing someone.
10.7) Introduction to the Prohibitions
of Consumption: Halal & Haram Foods
(according to the Maliki & Hanafi schools)
2/6/2023
The Importance of Eating Halal
• “O Messengers, eat from the pure foods and work righteousness.” [23:51]
• “O you who have believed, eat from the pure things which we have
provided you.” [2:172]
• “O mankind, eat from whatever is on earth (that is) lawful and pure.”
[2:168]
• “So eat of that (meat) upon which Allah’s name has been mentioned, if you
are believers in His verses.” [6:118]
• “And do not eat that upon which the name of Allah has not been
mentioned, for indeed it is a grave disobedience.” [6:121]
• By being careless about the dietary laws of Islam a believer puts himself in harm’s way
both in this world and the hereafter. In this world, by consuming what is haram a person
deprive himself from having his good deeds and prayers accepted. In the hereafter, he
may suffer punishment.
• The Messenger of Allah (SAW) said, “O people, Allah is pure and He only accepts what is
pure. Verily, Allah has commanded the believers as He has commanded His Messengers.
Allah said: ‘O Messengers, eat from wholesome foods and act righteously, for I know
what you do’ [23:51]. And Allah said: ‘O you who believe, eat from wholesome food We
have provided for you,’” [2:172]. Then, the Prophet mentioned a man who traveled far,
becoming disheveled and dusty and he raised his hands to the sky, saying, ‘O Lord! O
Lord!’ Yet his food is unlawful, his drink is unlawful, his clothing is unlawful, and he is
nourished by the unlawful, so how can he be answered? [Muslim]
• When a person consumes haram, it becomes an impediment for them having their du’as accepted
by Allah (SWT).
• “O Sa’d purify your food (and as a result) you • “That body will not enter Paradise which has been
will become one whose supplications are nourished with Haram.” [Bayhaqi]
accepted. I swear by He in whose hands is the • For a person to enter Paradise, the haram impurity has to be
soul of Muhammad, verily a servant (of removed somehow – either by Allah’s forgiveness, an
Allah) tosses a Haram morsel in his stomach expiation, or punishment.
(due to which) no deed is accepted from him • “That flesh will not enter Paradise which has grown from
for forty days.” [Tabarani] Haram, and all that flesh which has grown from Haram,
• So even though a person would still perform all the fire (of hell) is more worthy of it.” [Ahmad]
the obligatory actions like praying salah, the
reward for good deeds are removed because • “A time will come upon the people wherein a man will
that person consumed something haram. not bother what he intakes; whether from Halal source
• A person is still obligated to perform those or Haram.” [Bukhari]
obligatory actions, even if they know they have • To some extent, the ummah has reached this stage. There are
consumed haram. They cannot just think, still many Muslims who care deeply about consuming halal,
“Because I consumed haram, I won’t pray salah but there are also many who do not.
for 40 days.” They still need to perform their • Learning about what is halal and haram to consume is the
prayers, but they won’t be accepted by Allah first step towards raising awareness in making good choices
(SWT). about what we consume.
Wisdoms of Halal Choices for Consumption
• Allah (SWT) has not made everything halal for us to consume. He has made certain things
halal and certain things haram, and there are some wisdoms and benefits that can be
derived from this…
• Humans are omnivores, not herbivores. We have a desire to eat meat.
• There is no vegetarian civilization in human history. There might be vegetarians/vegans in
civilizations (e.g. Buddhists or Hindus), but not a civilization in which everyone is vegetarian/vegan.
• Time and effort has been spent trying to make vegetarian and vegan options for food that tastes like
meat e.g. plant-based ‘chicken’ nuggets. If meat was so bad and somehow intrinsically immoral,
then people would not have a natural craving for it, especially not to the point where they try to
artificially re-create it using non-animal ingredients.
• Also, vegetarianism and veganism is not environmentally sustainable. It is more beneficial to have a
sound and proper method of raising animals, than it is to push a vegetarian/vegan agenda, as a
significant amount of vegetables and grains etc. would need to be produced in the place of meat.
And this amount of produce would could much more environmental degradation than sustainably
raising animals.
• A recommended book for those interested in learning more on this topic: ‘The Vegetarian Myth:
Food, Justice & Sustainability’ by Lierre Keith.
• Before the advent of Islam, all possible means were used to acquire the meat of animals.
• Allah (SWT) blessed humanity with laws that ensure only wholesome meat is consumed, and that
it is sanctified (with Allah’s name) through proper slaughter. This allows us to easily differentiate
between living animals (that die a proper death) and dead animals (that die on their own or
through some other means.) Allah (SWT) has also prohibited the consumption of creatures and
things that are harmful to human wellbeing.
• Allah (SWT) has not forbidden us from consuming certain things just to prevent us from enjoying them. Those
things which are prohibited are haram to us.
• Pork is known to be harmful because of parasites and other factors, but even if those harmful factors were
removed, it still possesses a spiritual harm. Sometimes, the harms of something may not be immediately
discernable, but has spiritual harms. After all, you are what you eat. Scholars mention that when you eat
certain animal products, you take on a bit of the nature of that animal. If you eat a lot of pig, you have a pig
nature. If you eat a lot of beef, you have a cow nature. Etc. Some of these are bad, some are good, and some
are neutral. So the prohibitions are not always just because of physical harms, but also spiritual harms or
things that may shape our character in a negative way.
• We may not know the underlying reason behind every prohibition, but we can make some general guesses
about its potential harms.
• Animals declared lawful for consumption were subjected to certain rules and regulations, which
would ensure that the blood and other impure elements come out from their body as much as
possible and that the slaughter be done in a way that was least painful and most merciful to the
animal.
• Even when an animal is halal to eat, there is a process for slaughtering them to ensure that the blood and
impurity is removed, and that the animal experiences minimal pain.
• The ritual nature of the slaughtering also serves as a reminder to humans of the tremendousness
of the gift of life, and the blessing of food/sustenance in general and meat in particular.
• Slaughter of animals reminds us of the circle of life. The animal and born, grew up and grazed, and was
eventually slaughtered in such a way that it now becomes nourishment for us, giving us energy and strength
to fulfil our purpose in worshipping Allah (SWT)
• The purpose of the life of a cow is to benefit humanity – when the cow is raised and grazes the earth and is
eventually slaughtered and consumed, it has lived its purpose in sustaining human beings. A cow is an animal
which provides benefit to people in its life (e.g. through its milk) and in its death (e.g. its meat, bones, skin
turned into leather etc.)
• When the animal is consecrated in the name of Allah (SWT), then the slaughter becomes an act of worship.
• The Messenger of Allah (SAW) linked eating halal meat to the
fundamentals of Islam: “Whoever prays our prayer and faces our
Qiblah and eats our slaughtered animals, is a believer who is under
Allah’s and His Messenger’s protection.” [Bukhari]
• This hadith shows that halal food is one of the specific features of Islam which
distinguishes a Muslim from a non-Muslim. The Shariah prescribes certain [1]
principles, [2] rules, and [3] regulations governing meat.
• Eating the halal is linked with praying salat and facing the Qiblah, which are
two of the clearest distinguishing features of a Muslim.
Lawful, unlawful and disliked foods according
to Maliki and Hanafi schools
• We talk about matters of fiqh (Islamic law) through the framework of the 4
Sunni legal schools. This course has predominantly focused on the rules
according to the Hanafi school (i.e. the school of Imam Abu Hanifa.) But for
this lesson, which covers which animals can, cannot or are disliked
(makruh) to consume, we will look at the fiqh from the view of Maliki and
Hanafi schools.
• Both the Maliki and Hanafi schools have their own legal theory which
underpins how they look at evidences from the Qur’an and Sunna to
determine the fiqh of what is halal, haram or makruh to consume. There
are many similarities in these rulings, but also some differences.
Lawful and unlawful foods (Maliki school)
According to Imam Malik, meat prohibitions only apply to what is • 4) “˹He also created˺ horses,
mentioned in the following verses: mules, and donkeys for your
• 1) “He has only forbidden you ˹to eat˺ carrion, blood, swine, and transportation and adornment.
what is slaughtered in the name of any other than Allah. But if And He creates what you do not
someone is compelled by necessity—neither driven by desire nor know.” [16:8]
exceeding immediate need—they will not be sinful. Surely Allah is • In the Maliki school, this verse
means that these animals should
All-Forgiving, Most Merciful.” [2:173] be used only for transportation
• 2) “It is lawful for you to hunt and eat seafood, as a provision for you and adornment, and not for
and for travellers. But hunting on land is forbidden to you while on consumption.
pilgrimage. Be mindful of Allah to Whom you all will be gathered.” • Imam Malik was of the opinion
[5:96] that any animal not deemed as
• 3) “Say, ˹O Prophet,˺ ‘I do not find in what has been revealed to me unlawful according to the above
anything forbidden to eat except carrion, running blood, swine— 4 verses is (generally) fine to
which is impure—or a sinful offering in the name of any other than consume. The Maliki madhab is
Allah. But if someone is compelled by necessity—neither driven by most lenient with regards to the
desire nor exceeding immediate need—then surely your Lord is All- prohibitions of consumption.
Forgiving, Most Merciful.’” [6:145]
Permitted Food (Maliki school)
• 1) Grazing animals (e.g. camel, buffalo, ox, cow, goat, sheep, etc.)
• 2) Birds - even ones with claws (e.g. chicken, turkey, duck, hawk, eagle, owl, etc.)
• The hadith which prohibits birds with claws is not authentic according to Imam Malik. (It is an
ahad hadith – it comes from a singular route of transmission, and according to Imam Malik, a
hadith with a singular route of transmission cannot override an explicit general Qur’anic text.)
• 3) Wild non-predatory animals (e.g. zebra, deer, elephant, giraffe, rhinoceros, etc.)
• 4) Sea creatures – anything that can survive in water (e.g. octopus, squid, prawn,
lobster, crab, fish, eel, dolphin, whale, shark, crocodile, frog, turtle, etc.)
• No dhakat (slaughtering) is required for them. The name of Allah (SWT) does not need to be
mentioned over the dead sea creature.
• Their mayta (dead) is halal regardless of who catches it (Muslim or non-Muslim.) If you find a
sea creature that is already dead, it can be consumed.
Permitted Food (Maliki school)
• 5) Whatever is pure that comes from permitted animals (includes
eggs, milk, etc.)
• 6) Insects (e.g. bee, ladybug, caterpillar, butterfly, snail, ant,
grasshopper, worm, spider etc.)
• Insects with no flowing blood are pure even if dead, but dhakat (slaughter
and saying bismillah) is still required for eating, because the Qur’anic verse
cannot be restricted by an ahad (non-mass transmitted) hadith when it comes
to food, in Malik’s fiqh.
• Their slaughter is by anything that kills them done with the intention of eating
them, even if that be one’s own teeth/mouth.
Discouraged (Makruh) Food (Maliki school)
• 1) Predators that would attack a human being (e.g. tiger, lion,
cheetah, wolf, gorilla, bear, fox, monkey, dog, cat, etc.)
• Technically, if you caught one of these, you can eat it as it is not haram. But it
is disliked to consume.
• Because the Qur’an does not explicitly prohibit these animals, the Maliki
school does permit their consumption (although it is discouraged.)
• 2) Vermin (e.g. rat, mouse, bat, etc.)
• Bats are considered vermin.
Prohibited (Haram) Food (Maliki school)
• 1) That which alters the mind (e.g. alcohol, illicit drugs, etc.)
• 2) That which harms the body (e.g. poisonous snakes and scorpions, but if the
poison is not harmful, then snakes and scorpions are permitted)
• If the snake is not poisonous, then it does not fall in this category. (However, it may be a type of
predatory animal.)
• 3) That which is najis (impure) – basically, anything which is mayta (dead animal)
• Mayta means any animal which died on its own, or is wounded by an animal and dies later, it
falls off a cliff etc.
• In the Maliki school, if one shoots an animal, and the animal is hit but it manages to run away,
and it takes more than a day to find the now deceased animal, then it is not permitted and it is
considered mayta. (This is because you cannot be certain whether the animal died from the
gunshot wound you delivered, or some other thing. (And the default ruling is that all meat is
haram until proven otherwise.) It will only be permitted to consume the animal if you find it in
less than a day after it was shot.
Prohibited (Haram) Food (Maliki school)
• 4) Pig
• This prohibition is explicitly mentioned in the Qur’an.
• Ignorance of the Arabic language (fusha) causes people to become misled and draw incorrect
conclusions. For example, some people think, “The verse in the Qur’an prohibits, ‘The flesh
of swine,’ so that means that we can eat the skin.” But actually, the prohibition applies to the
entire animal – teeth, bones, eyes, muscle, skin etc.
• 5) Horses, donkeys and mules
• Horses, mules and donkeys are haram because a verse in the Qur’an, [16:8], restricts their
use for riding and carrying loads (and adornment.) So these animals cannot be consumed.
• A possible wisdom for prohibition is that it stabilizes their population and lowers their prices,
so transport is cheaper. If these animals were also used as food, then their demand, and
consequently price, would be higher.
• 6) Human beings
• 7) Soil and dirt
Permissible in cases of dire need (Maliki school)
For the one who is the state of dire need or necessity (e.g. stranded somewhere and starving, and if
they don’t eat, they are going to die or weaken to the point where they cannot move anymore etc.),
they are permitted to eat what would usually be haram.
The following are allowed in dire need, arranged from least bad to worst:
• 1) The halal that was stolen
• 2) That which is differed upon by the scholars (such as horses, which are permitted in the Hanafi
school)
• 3) Mayta (an animal found dead, e.g. roadkill)
• 4) That which was hunted while in ihram (since hunting in ihram is sinful)
• 5) Pig
One who is in dire need should only consume these in the amount required for them to stay alive
and sustain themselves – they should not consume an excessive/unnecessary amount.
Lawful and Unlawful Foods (Hanafi school)
Imam Abu Hanifa based the rulings for lawful and unlawful foods based on the following verses:
• “He has only forbidden you ˹to eat˺ carrion, blood, swine, and what is slaughtered in the name of any
other than Allah. But if someone is compelled by necessity—neither driven by desire nor exceeding
immediate need—they will not be sinful. Surely Allah is All-Forgiving, Most Merciful.” [2:173]
• “Forbidden to you are carrion, blood, and swine; what is slaughtered in the name of any other than
Allah; what is killed by strangling, beating, a fall, or by being gored to death; what is partly eaten by a
predator unless you slaughter it; and what is sacrificed on altars.” [5:3]
• “Say, ˹O Prophet,˺ ‘I do not find in what has been revealed to me anything forbidden to eat except
carrion, running blood, swine—which is impure—or a sinful offering in the name of any other than
Allah. But if someone is compelled by necessity—neither driven by desire nor exceeding immediate
need—then surely your Lord is All-Forgiving, Most Merciful.’” [6:145]
In the Hanafi school, the verse about the horses, mules and donkeys ([16:8]) was not viewed as a
prohibition of consuming these animals, and rather that the verse is mentioning the blessings of these
animals.
Permitted Food (Hanafi school)
• 1) Non-predatory herbivores (e.g. camel, buffalo, ox, cow, goat, sheep, horse,
zebra, deer, panda, koala, bull etc.)
• Herbivores are animals that eat plants, not other animals.
• Abu Hanifa said that horse meat was makruh (disliked, either mildly or prohibitively) based
on verse [16:8] in the Qur’an. However, his students, Abu Yusuf and Muhammad al-Shaybani,
and most later scholars, deemed it as lawful.
• 2) Non-predatory birds (e.g. chicken, turkey, duck, swan, parrot, pigeon, penguin
etc.)
• 3) Fish
• Some exceptions are mentioned later
• 4) Locusts and Grasshoppers
• These two insects are explicitly mentioned in the hadith (Sunan Ibn Majah (3218)).
Permitted Food (Hanafi school)
• 5) Rabbits and Hares
• Rabbits are permitted based on the hadith in al-Nasa'i (4310, 4312) and Ahmad (210).
• 6) Whatever is pure that comes from permitted animals (includes eggs, milk, etc.)
• 7) Fruits and vegetables
• This includes anything made from them as well, such as grains.
• 8) Anything impure that undergoes transformation (istihalah), such that it becomes a
different substance.
• This includes wine vinegar (and other vinegars in general – the alcohol is completely transformed into
vinegar,) the deer musk pod/civet musk (while these are originally quite foul smelling, when they are
ground up and processed, or turned into oil, they are very fragrant), swine that turns to ashes or salt
(decaying animals may disintegrate and become part of the sand, and eventually undergoes a
transformation where it turns into salt).
• Transformation is based on the hadith praising vinegar and musk (al-Tirmidhi (1839), al-Nasa'i (1906).
• Honey undergoes a process of transformation and is mentioned in the Qur’an in verse [16:69].
Mildly Discouraged (Makruh Tanzihi) (Hanafi
school)
• In the Hanafi school, there are two types of mukruh (disliked/discouraged) categories:
• 1) “makruh tanzihi” (mildly disliked), which is considered “makruh” (disliked) in the Hanbali, Maliki and Shafi’i
schools, and
• 2) “makruh tahrimi” (prohibitively disliked), which is considered “haram” (prohibited) in the Hanbali, Maliki
and Shafi’i schools.
In the Hanafi school, what is considered makruh tanzihi (mildly discouraged) to consume includes:
• 1) Lawful animals that only eat impurities (unless they are caged for a few days and cleansed)
• There are animals which are lawful to consume when slaughtered properly (e.g. cow, bull, chicken, camel,
goat, sheep, ram etc.) However, if they are only consuming animal faeces or the carcasses of animals (which
are impure/najis), then they are known as Jallalah animals. If you slaughter and consume a Jallalah animal,
when it still has the najis material within it, then this is makruh tanzihi.
• It is better to rid jallalah animals of the naajis material because slaughtering and consuming them. For this,
the jallalah animal needs a couple of days to defecate the najis material it has consumed, and it should be fed
pure food instead of najis material.
• There are numerous reasons why an animal may be consuming najis material. Sometimes faeces is mixed in
with the food, such that the animal is consuming it while feeding. Sometimes an animal could be in confined
conditions and starving, so they eat whatever it available.
Prohibited Food (Hanafi school)
• 1) Predatory animals (e.g. tiger, lion, cheetah, leopard, racoon, wolf, gorilla, bear, fox, monkey, dog,
cat, rhinoceros, hippopotamus etc.)
• 2) Vermin and reptiles (e.g. rat, mouse, bat, hedgehogs, turtle, lizard, snake, dragon etc.)
• Vermin, reptiles and insects are from the khaba’ith according to the Hanafis.
• The khaba’ith are mentioned in verse [7:157]: “˹They are˺ the ones who follow the Messenger, the unlettered
Prophet, whose description they find in their Torah and the Gospel. He commands them to do good and forbids
them from evil, permits for them what is lawful and forbids to them what is impure (khaba’ith), and relieves
them from their burdens and the shackles that bound them.”
• Interestingly, as a precaution, dragons are also included in this category, in case it turned out that they existed.
(This could probably be extended to dinosaurs, in the hypothetical situation that dinosaurs came back to life.)
• 3) That which alters the mind, unless for medicinal purposes (e.g. alcohol, illicit drugs, etc.)
• 4) That which harms the body, including soil and dirt (e.g. rotten food, mold, poison, lava,
smoking/tobacco[?])
• Cigarettes/cigars did not exist in Arabia in the time of the Prophet (SAW). It did not come into Muslim lands until
the 1700s, and when it did, it sparked a lot of conversations between scholars regarding its permissibility.
• 5) That which is impure (e.g. flowing blood, faeces, urine, vomit, wine, etc.)
• 6) Private parts of animals (e.g. penis, testicles, anus, bladder, spleen, etc.)
• The animal itself might be lawful, but its private parts are not, as these organs collect
impurities.
• This is unique to the Hanafi school.
• 7) Carrion – meat not slaughtered properly (e.g. roadkill, Allah’s name not
mentioned, etc.)
• Any animal which dies on its own, or is killed by another animal, or mauled to death, or falls
off a cliff, or is not slaughtered properly (with Allah’s name), etc. is considered mayta, and
falls into this category.
• 8) Insects (e.g. bee, ladybug, caterpillar, butterfly, snail, ant, cricket, worm, etc.)
• 9) Predatory birds (e.g. eagle, hawk, falcon, owl, etc.)
• 10) Pigs and boars
• 11) Donkeys and hinnies
• A hinny is the offspring is a female donkey and male horse. A horse is halal, but a donkey is haram,
and the offspring (hinny) is also haram.
• 12) Sea creatures other than fish (e.g. prawn, shrimp, octopus, squid, crab, lobster,
crocodile, alligator, frog, turtle, mermaids, jellyfish etc.)
• Sea creatures other than fish are considered as carrion and from the khaba’ith (the vile and filthy),
which also includes frogs, crabs, and snakes. (Other schools allow all sea creatures.)
• These sea creatures are scavengers, which is why they are considered khaba’ith.
• Interestingly, as a precaution, mermaids are also included in this category, in case it turned out that
they existed.
• 13) Human beings and their parts (e.g. human teeth, bones, tongue, eyes, brain, etc.)
10.8) Prohibitions of
Consumption: Slaughtering &
Meat of Ahl al-Kitab
9/6/2023
Rulings of Animals Whose Meat is Halal
• Once a permitted animal has been selected for consumption, there is a
process by which is becomes halal to consume. A cow is one of the
permitted animals to consume, but if it dies on its own, it would be
considered mayta (carrion), and it would be impermissible to consume it.
• Dhakat: ritual slaughter that permits the eating of the animal
• This is the process through which a permitted animal is rendered halal to consume
• Zabiha (‫ )ذبيحة‬means “slaughtering” is another term which is often used when
discussing this process. But here, dhakat is used because it refers to ritual slaughter
in the broadest sense.
• In terms of how the animal is killed, broadly, there are two ways: (1) Dabh (slaughter)
and (2) Nahr (slaying)
Conditions of Dhakat
• 1) The slaughterer (mudhakki): sane, mature, Muslim or from Ahl al-Kitab,
and not in ihram.
• 2) The animal to be slaughtered must be halal to eat, lawfully acquired, and
alive.
• You cannot properly slaughter a stolen cow – that would not be halal to consume
• 3) The slaughter must be with a sharpened tool
• The term “knife” is not used here, although typically all slaughtering is done with a
knife or some other sharp metal instrument. It is possible that in some places,
people do not have access to a metal blade but have access to some other forms of
sharp bladed instruments.
• 4) Having the intention to slaughter at the time of slaughter
• 5) Tasmiyya — pronouncing Allah’s name at the time of slaughter.
Basis for the tasmiyya
• Pronouncing the name of Allah (SWT) (i.e. tasmiyya) must be • For the tasmiyya, it is enough to
done at the time of slaughter. mention Allah (SWT) by any of His
• The proof for the obligation of tasmiyya is the following verse: Names. If he said Bismillah alone,
or Allah akbar alone, or La ilaha illa
‫َوِإَّن ُه ۥ َل ِف ْسق‬ ‫ٱّللِ َعَل ْي ِه‬
َّ ‫ٱس ُم‬
ْ ِ
‫ر‬ ‫ك‬
َ ‫ذ‬
ْ ‫ي‬
ُ ‫م‬
ْ ‫ل‬
َ ‫ا‬ ‫م‬
َّ ِ ‫وََّل تَ ْأ ُكُل َا‬
‫م‬ َ Allah, or Subhanallah, it would be
permitted. It is best, however, to
“Do not eat from that upon which Allah’s name has not been
say Bismillah Allah akbar.
pronounced,
• It is suitable for a person to mention
for indeed it is immoral.” [6:121]
any of Allah’s name. Even just
• According to the Malikis and Shafi’is, forgetting the tasmiyya “Allahu akbar (‫َّللا أَ ْك َبر‬
َّ )” is sufficient.
ُ ُ
does not render the animal haram to eat because the Prophet • The perfect and best way to do the
(SAW) said, “Indeed Allah has overlooked from my Umma tasmiyya is to say “bismillahi wallahu
akbar (‫َّللا أَ ْك َبر‬ ِ‫َّللا‬ ِ
mistakes, forgetfulness, and what they are compelled to do ُ ُ َ َّ ‫)ب ْس ِم‬,” as this is
َّ ‫و‬
under duress.” what was transmitted to us by the
• This hadith applies in so many areas of life. If you forget something Prophet (SAW).
or make a mistake concerning something, or you’re under
compulsion.
Tasmiyya in the Hanafi, Maliki & Shafi’i schools
• Hanafi school: This is required for anyone who slaughters, each time (i.e. for each and every
animal), whether Muslim or Christian, at the time of slaughter. Failure to mention Allah’s name
renders the animal unlawful to eat.
• The Hanafi view is the strictest in regards to the tasmiyya (compared to the Maliki and Shafi’i schools)
• Maliki school: If one remembers the tasmiyya at the time of slaughter and can say it but
purposely omits it, the slaughtered animal is not halal to eat. If he forgot or was unable, it is still
lawful. The tasmiyya is not required for one who is mute, unable to pronounce Arabic, or one who
is from Ahl al-Kitab (assuming some other conditions are met.)
• Shafi’i school: If one intentionally omits the tasmiyya it is still halal. However, if one omits it
considering it insignificant (istikhfafan), it is haram.
• If the slaughterer does not say the tasmiyya, not out of forgetfulness, but because they consider it
unimportant or insignificant, then it renders the slaughtered animal haram. The reason for this is because
treating the tasmiyya as something which is insignificant or unimportant is a belittlement of one of the
guidelines of slaughtering within the Shariah, and it could be considered a form of kufr (disbelief.)
• Determining if the slaughterer omitted the tasmiyya due to considering it insignificant would be done by
examining circumstantial evidence that indicate that the slaughterer is lacking in their Deen.
Methods of Slaughter
There are two main methods of slaughter, and the method
used depends on the size of the animal:
• 1) Dhabh (slaughter) — to slaughter with a knife side-ways
across the neck. This is done for small domesticated
animals (e.g. goat, sheep, chicken, lamb, cow etc.)
• 2) Nahr (slaying) — to pierce the base of the neck with a
spear or sharp instrument. This is for large animals that
are not easily slaughtered just by slicing the animal across
the neck.
• A cow can be slaughtered by dhabh or nahr (as
sometimes, cows are difficult to pin down); however, a
sheep or goat can only be killed by dhabh. Nahr is only for
large animals like camels, which are difficult to pin down.
Obligations of Dhabh and Nahr
• Cutting the neck for dhabh, and piercing the neck for nahr.
• The neck consists of four parts: two arteries, the windpipe (trachea),
and the throat (esophagus.) When the animal is slaughtered, at least
three out of these four must be properly cut.
• In the Maliki school, the obligation is to cut the two arteries and the throat.
• The cutting must be done in one moment. If one cuts part of the neck, then
lifts his hand, then goes back to it, the slaughter is nullified, and the animal
would be impermissible to consume.
Nullifiers of Dhabh and Nahr
Any of these following nullifiers of dhabh and nahr renders the meat carrion (mayta) and unlawful
to consume:
• 1) The basmala is deliberately omitted
• 2) The basmala is replaced with the name of a false god
• Anything on which other than the name of Allah (SWT) is pronounced at the time of slaughter is unlawful.
• 3) The required parts of the neck are not cut
• At least three out of four of the following parts of the neck must be properly cut: two arteries, the windpipe
(trachea), and the throat (esophagus.) If not, then the slaughter is nullified.
• This is not usually an issue, but it could be if the slaughterer, if, for example, is inexperienced.
• It is important that the slaughtering is done correctly, otherwise the animal experiences prolonged pain and
suffering as it bleeds out, rather than a quick painless death.
• 4) The cutting is not done continuously
• The slaughtering must be performed in one fluid motion.
• 5) The cutting is done from the back of the neck
• The cutting should be done from beneath the neck (i.e. the front of the neck.)
(There is some difference of opinion between scholars regarding some of these nullifiers.)
The Meat of Ahl Al-Kitab (OR “Can I eat at KFC?”):
An Overview
• If you commit yourself to follow a single legal school
(madhab), then the madhab that you follow may or may not
allow eating the meat of ahl al-kitab (that is available at
supermarkets and restaurants.)
• If you do NOT commit yourself to follow a single legal school
outside of certain ‘ibadat, you can theoretically take the
position that the meat of ahl al-kitab is permissible, but
there are two factors to consider:
• 1) The fiqh – which schools would allow it, and what are the
conditions for its permissibility?
• 2) The fact – does the meat in restaurants and supermarkets
really meet those conditions?
• Even if the madhab that you follow deems it permissible and
meets the required conditions (at outlined in that madhab), if
you feel uneasy about it, you should avoid it.
The Basis of Permissibility
‫ام ُك ْم ِح ٌّل َّل ُه ْم‬‫ع‬ ‫ط‬
َ ‫و‬ ‫م‬‫ك‬ُ َّ ‫طعام َّٱل ِذين أُوتُ َا ٱْل ِكتَـٰب ِح ٌّل‬
‫ل‬ َ ‫و‬ ۖ ‫ت‬ ‫ـ‬
ٰ ‫ب‬ ِ
‫ي‬ َّ ‫ُح َّل َل ُكم‬
‫ٱلط‬ ِ ‫أ‬ ‫م‬َ ‫ي‬ ‫ل‬
ْ ‫ٱ‬
َ
ُ َ ْ َ َ َ
ُ َ ُ َ ُ َْ َ
“Today all good, pure foods have been made lawful for you.
Similarly, the food of the People of the Book is permissible for you
and yours is permissible for them.” [5:5]
• Allah (SWT) granted a dispensation (rukhsa) for Muslims to eat the foods of Ahl
al-Kitab. This verse is general and includes meat, produce, and other foods.
• All of these are halal for us, excluding what is haram in and of itself, such as carrion, pork, and
flowing blood — all of which are haram regardless of whether they are obtained from a
Muslim or Kitabi.
• The general permission to eat the meat of Ahl al-Kitab in [5:5] is qualified by the
other conditions for a valid slaughter mentioned in other verses (‘am makhsus.)
The Conditions of Permissibility
The gold standard in the The gold standard in the Shafi’i school:
Hanafi, Maliki and Hanbali • The slaughterer is Kitabi with an uninterrupted Christian lineage all
schools: the way back to pre-Islamic times. If the Christian is of non-Israelite
• A Kitabi slaughters the descent, his lineage is known and is Christian going all the way back
animal while mentioning to the time of Prophet Jesus.
the name of God
• This Kitabi slaughters the animal while mentioning the name of God.
• He slaughters it properly • He slaughters it properly according to Islamic standards.
according to Islamic
standards • It is witnessed by a Muslim.
• They do not mention this, but Sh. AbdulAziz Suraqa has included it because
• It is witnessed by a Muslim the presence of a Muslim witness means they can verify that the slaughter
If these three are fulfilled, took place correctly.
there is no question that the If these conditions are fulfilled, there is no question that the meat is
meat is halal to eat. halal to eat.
What if the Kitabi mentions other than the name of Allah?
• It would be prohibited because of the • In the past, it was customary for the people to slaughter only
verse: “He has only forbidden you ˹to for their personal needs. If they slaughtered a large animal and
eat˺ carrion, blood, swine, and what were unable to use all the meat (there was no refrigeration),
is slaughtered in the name of any they would share it with their friends and neighbors. It was not
other than Allah.” [2:173] customary to slaughter many animals for sale or trade. So
• Sayyiduna ‘Ali said: “If you hear a Jew when they slaughtered for their personal needs, they used to
or Christian mentioning other than pronounce the name of God at the time of slaughter.
Allah (on their animal) do not eat it. If • In the past, most slaughters were ritual slaughters, and people would
mention the name of God or deity at the time of slaughter. Also,
you did not hear them mentioning slaughtering was typically not done at a mass scale. These days, meat
other than Allah on it, eat it because processing occurs at a mass scale, and it is more common for no deity
Allah has permitted their animal for to be mentioned during slaughtering.
us and He knows what they utter.”
• Now slaughtering is divided into two categories, (1)
(Jassas, Ahkam al-Quran)
slaughtering for sale and (2) slaughtering for personal use.
• You do not have to pry or interrogate
Most of the available meat is of the first category, meat that
them. If you didn’t hear them mention
the name of other than Allah (SWT), has been slaughtered for sale (and there is no ritualized aspect
then you can eat it. to the slaughter).
Hanafi & Shafi’i opinions
• Hanafi school: The meat of ahl al-kitab can NOT be consumed because the
slaughterer does not mention the name of Allah (SWT).
• In today’s time, there is no ritualized aspect to the slaughtering of meat. The animals are just
slaughtered and sold to retailers or the public. So the meat sold in supermarkets or
restaurants cannot be verified as permissible to consume.
• Shafi’i school: The meat of ahl al-kitab can NOT be consumed, unless the
slaughterer is Kitabi with an uninterrupted Christian lineage all the way back to
pre-Islamic times. If the Christian is of non-Israelite descent, his lineage must be
known and his descendants must be Christian going all the way back to the time
of Prophet Jesus.
• The meat sold in supermarkets or restaurants cannot be verified as permissible to consume
as it the lineage of the slaughterer is unknown.
Maliki opinion
• In the Maliki school, the meat of ahl al-kitab COULD be consumed, because omitting the
tasmiyya does not render the meat carrion, and they are Ahl al-Kitab. According to al-Qadi
Abu Bakr b. al-‘Arabi, as long as the meat is customarily eaten by Ahl al-Kitab and it is
permissible for them, even if the method of slaughter is different from ours, it is
permissible for us. This is based on an Usuli point that when a general revealed text comes
after a specific revealed text, the latter abrogates the former:
• Former (specific): “He has only forbidden you ˹to eat˺ carrion, blood, swine, and what is slaughtered
in the name of any other than Allah.” [2:173] [khass]
• Latter (general): “the food of the People of the Book is permissible for you.” [5:5] [‘amm]
• Even if they slaughter the meat in a way that is questionable, that we may even consider to be
carrion (mayta), as long as they slaughter in a way that they deem is permissible, then we still have
the general permission to eat that meat. The general idea is that if the priests of Ahl Al-Kitab (i.e.
Jews and Christians that take their religion seriously) would find it permissible and eat the meat that
was slaughtered according their own tradition, then that same meat would be considered halal for us
too. (The Imams of the other schools disagreed with this because they viewed that consuming what
is considered mayta in our tradition as impermissible.)
Basis for the Maliki opinion
• The early Maliki opinion required one to witness the slaughter of Ahl al-Kitab. However, the view of al-Qadi
Abu Bakr, drawn from some of the early Maliki imams and principles in the school, holds that a witness is
not required (as the general verse abrogates the specific verse.) This view was supported by the latter
Maliki scholars such as Imam al-Wansharishi in his Mi’yar:
‫إن فت َى ابن العرِّي لم يزل الطلبة والشي َخ يستشكل َنھا وَّل إشكال فيھا عند التأمل ْلن هللا تعالى أباح لنا أكل طعامھم الذي يستحل َنھ في‬
‫ وَّل يشترط أن تك َن م َافقة لذكاتنا‬،‫دينھم على ال َجھ الذي أبيح لھم من ذكاة ِيما شرعت لھم فيھ الذكاة على ال َجھ الذي شرعت‬
Paraphrased translation/explanation: For a long while, many of the students/teachers of law found [eating the meat of ahl
al-kitab] to be questionable, or subject to further inquiry/debate. But there is actually no problem with this because Allah
has permitted us to eat food that is permissible for them, in the way that is legal for them and the way that they perform
the slaughter, and it is not a condition that this has to be in absolute agreement with the way that we slaughter animals.
• There is also a basis for this opinion from a hadith in which ‘A’isha (RA) related that some people said to the
Prophet (SAW): “Some people bring meat to us, and we do not know whether they mentioned the name of
Allah over it or not.” The Messenger of Allah (SAW) said: “Mention the name of Allah over it and eat.” She
said: “They were new in Islam.” [Bukhari]
• The Prophet (SAW) instructed the people to eat the meat without inquiring about the details of how it was slaughtered.
He did not prohibit them from eating that meat until it could be verified that the meat was slaughtered according to the
Shariah requirements. And those who brought the meat to them may not have been aware of the Islamic rulings for
slaughtering meat because they were new in Islam.
Basis for the Maliki opinion
There are two opinions in the Maliki school:
• 1) The stricter position, which is that there must be someone who witnesses
the slaughter of the meat of Ahl al-Kitab for it to be permissible.
• In our times, it is not practical for a Muslim to be present to witness the slaughtering of
the meat as the slaughterhouses have protocols, and typically, only employees can be
present on-site.
• 2) The more lenient position, in which no witnesses are required, and as long
as the meat is deemed permissible by the Ahl al-Kitab in heir own tradition,
then it is permissible for us, even if we do not know exactly how the
slaughter was performed.
• This is the opinion that is used to support the argument that it is permissible to
consume the meat of Ahl al-Kitab that comes from supermarkets and restaurants.
Maliki school – “But they aren’t actual Christians!”
• The verse allowing us to eat the meat of Ahl al-Kitab was revealed • In the US the majority of
concerning Christian trinitarians (Allah [SWT] explicitly mentions slaughterers are from areas where
their belief in the trinity in the Qur’an and refutes it), so the actual Christianity is still practiced, and a
beliefs of the Christians slaughtering is immaterial. As long as they sizable number of slaughterers are
are broadly considered Christians (regardless of the sect of immigrants from South and
Christianity), their meat is halal. Central America, where
• The verse of the Qur’an which permits us to eat the meat of Ahl al-Kitab (in Christianity is the norm.
this case, the Christians,) was not revealed for a subset of Christians that • In these areas, a large number of
were in the extreme minority (if they even existed) that upheld the original slaughterers believe in some
message of tawhid preached by Isa (AS), in the time of the Prophet (SAW.) nominal form of Christianity and
Rather, it was revealed concerning Christians who believed in the trinity. self-identify as Christians
• The meat comes from a slaughterhouse, where the name of something
other than Allah (SWT) was not mentioned. You did not witness the
• In Europe, atheism is largely the
slaughtering, and (verbal) tasmiyya is not required in the Maliki school. default, so there is serious doubt
Taking all of this into consideration, if one where to apply the ruling of al- about the religious identity of
Qadi Abu Bakr (which was supported by Imam al-Wansharishi and other those slaughtering the animals.
scholars, who were in fact drawing on rulings from earlier scholars in the (This is region-specific as well.)
Maliki school), then this meat would be permissible to eat.
Stunning
• Stunning with a captive-bolt-gun is to render the cow unconscious, allowing for the
safe handling of the animal for the slaughter.
• If more than one stun is required, it is termed an ‘egregious event’ and may result in
a slaughterhouse facing monetary penalties. Thus, the norm is that the stunning is
done once, and then the animal must be deemed unconscious and not dead before
the slaughter is completed. If the animal still shows signs of consciousness after
being stunned once, the slaughterhouse may face penalties.
• This is supervised by USDA personnel at all facilities.
• The stunning is NOT meant to kill the cow, but to render it unconscious so it doesn’t
feel any pain at the time of slaughter.
• There are concerns about cows being adequately stunned (one study put it at 84%),
but those animals that are improperly stunned are still alive at the time of slaughter.
Hand Slaughter versus Machine Slaughter
• A knife is a tool, and mechanical slaughter is also a tool.
• Mechanical slaughter is done by a machine that uses a (bigger) tool, powered by electricity, and
has a motor to move the animals a certain way.
• Cows are too big to be machine slaughtered – they have to be put into a pen where they are
contained, and it is a process that involves humans at every step of the way. Machine slaughter is
applicable in the case of chickens.
• Machine slaughter is permissible so long as a Muslim or a Kitabi administers the machine
and completes the slaughter of chickens that do not get properly cut on the machine (in
which case the chickens are killed by hand i.e. using a knife or sharpened tool.)
• Both the machine (for mechanical slaughter) and the knife/sharpened tool (for manual slaughter)
are operated by a Muslim or a Kitabi
• In the Maliki school, a single tasmiyya is sufficient when the intention is to slaughter a
batch of animals.
• If the machine operator said “Bismillah Allahu akbar” when they turned the machine on once, and
the chickens are properly getting slaughtered by the machine, then this would be permissible.
Hand Slaughter versus Machine Slaughter
• Although there may be concerns about the ratio of animals successfully slaughtered via machine and
those that are not, as long as the latter are killed by hand, machine slaughter in general is permissible.
• If a chicken has not slaughtered properly by the machine, then that chicken should be taken and slaughtered by
hand. And thus, that chicken would not continue to be cycled through the machine still alive.
• This is a question of fiqh and fact: if one is in doubt, it is better to avoid.
• There are various factors to take into consideration such as how the machine operates, who is operating it, what
procedures are in place if the animal is not killed by the blade on the machine, etc.
• If one is in doubt and feels uneasy about eating machine slaughtered meat, then they are welcome to avoid it. And
if one feels that the conditions for its permissibility are sufficient and in accordance with the fiqh, then this is valid,
and they are welcome to take that view and eat machine slaughtered meat. And one who takes a stricter position
should not criticize the one taking the more lenient view, and vice versa. There is flexibility in this matter, as there
is a valid difference of opinion between legal schools.
• We do not force a particular fiqh position on people. It is unjust for one to treat other valid views as non-existent
and condemn people on that basis. Many people are inclined towards the stricter position, and that is perfectly
valid, but it is important to realize that taqwa is not just about taking the strictest position. Taqwa is also about
being accurate, and part of this accuracy is the recognition that although you are taking a particular view, there are
other differing views which exist and also have a basis in fiqh. As long as one is making an informed decision based
on fiqh and qualified scholarship, there is no issue, as they are seeking the ruling of Shariah before acting.
Ethical considerations and concerns
• Permissibility of eating meat from Ahl al-Kitab depends on which legal school you follow. In
the Hanafi and Shafi’i schools, it is practically impermissible. In the Maliki school, it is
permissible, provided that certain conditions are met.
• Some people follow a single madhab very strictly or for personal reasons, and they want to be
consistent.
• Avoiding anything that causes us to feel uneasy or doubt
• If one is convinced by a particular view, and it is backed by qualified scholarship, and wants to follow
it, then it is fine, and no one should condemn them for it. You cannot command the good and forbid
the evil on things unless they are munkar (wrong) by ijmaa’ (consensus.) If there is a topic where there
is a legitimate ikhtilaf (difference of opinion), you can only give nasihah (advice). You cannot label
someone as “wrong,” “less religious” or “sinful” for following a different, but legitimate, view.
• Some people find that the more lenient view makes sense to them, but they still have doubt about it.
If one has uneasiness/doubt about a particular position, then they should avoid following that view.
• We should seek the fatwa that aligns with our hearts (i.e. our morals/values/ethics), and not our nafs
(i.e. our desires.)
Ethical considerations and concerns
• Living conditions and treatment of animals prior to slaughter
• Even if the meat is halal, one may decide to avoid it because of unethical treatment of the
animals.
• Many of the chain restaurants in the US are fully in support of ideologies and
ways of life that are at odds with Islam
• For example, you may not want to purchase from companies that advocate for the LGBT+
community. (In our times, more and more businesses are supporting the LGBT+ community,
and so boycotting [i.e. not purchasing from] these businesses may be difficult.)
• The importance of building the halal base in our locality and keeping our money
in the local Muslim economy
• Supporting Muslim-owned businesses strengthens the local Muslim economy, and this
facilitates Muslims leading a better life, and contributes to building the Muslim community.
• By purchasing from non-Muslim vendors, you do not end up supporting the local Muslim
economy.

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Fard ‘Ayn

Shaykh Abdul Aziz Suraqah

• Module 1: ‘Aqida 101 (Belief)

• Module 3: Fiqh (Jurisprudence) of Fasting

• Module 4: Fiqh (Jurisprudence) of Purification

• Module 7: Fiqh (Jurisprudence) of the Pilgrimage (Hajj)

Notes last updated: 16 June 2023

• 3) It minimizes or removes confusion. • 8) It helps you distinguish between the

• Before we learn the CONTENT and PROOF in matters of ‘Aqida, we

• Hanafi scholars were affiliated with

A positive attribute (sifa ma’na) is an ‘affirmed meaning’ or attribute – We

‫ٱّللُ َعَل ٰى ُك ِل َشىء َق ِدير‬

‫َف َّعال لِ َما ُي ِر ُيد‬

Everything in the physical created

• There will be a point in time in which people

• Self-subsistence means "independence." It is freedom from all needs.

• By this definition of dumbness, things which

Anything with these qualities, by definition, cannot be God!

• All [rationally] possible existents require an originator to bring them

• 1) General iman (iman-e-mujammal) in the Prophets and Messengers:

‫ٱّللِ ُح َّجة َب ْعَد‬

1. Adam 14. Musa

• As a Muslim, it is not required for you to believe in the prophethood of Samuel,

‫َوٱتَِّب ُع َهُ َل َعَّل ُك ْم تَ ْهتَُدو َن‬

‫ٱّللَ ََّل َي ْأ ُم ُر ِبٱْلَف ْح َشا ِء‬

‫ين َنِذ ًا‬

• It is necessary to have detailed faith in four of them:

• 2) Belief in the existence of jinn.

• 7) To what does Allah’s power and will relate (ta’alluq)?

• 7) To what does Allah’s power and will relate (ta’alluq)?

• 9) In what key way is Allah’s knowledge different from our knowledge?

• Negational judgement: X [is not] Y • 3) Legal judgement, ‘Drinking alcohol

• By understanding how Islamic law works, and Allah's judgment concerning

• Some possible responses:

The features of four schools are:

• Islamic laws are three types:

• Mixing rulings to extent where something becomes haram is not

• Everything that we do or say falls into one of these 5 categories.

• MEANING INDICATED IN TEXT:

• 3) This is important to know because it is reflected in the types of legal rulings

Haram (definitive/qat’i meaning + text)

Makruh in Hanbali, Maliki &

• When does fasting become obligatory?

• The beginning of Ramadan is established by:

• In countries/localities where there is no Qadi, then the situation may be different

*Sa’a: About 2.2 kg

• 2) Where did the water come from?

• 3) Does debris (leaves, twigs, rocks) render it

• NOTE: Touching impurities does NOT break wudu’.

• 15) Chronological order.

• In the Ghusl, it is obligatory for water to reach:

• If a person is performing the ghusl in an area using a tub of water, then it

• Yes, these are waterproof socks.

• 3) Droppings of birds whose meat is not permissible to eat (predatory birds

• 2) It is disliked to use one’s right hand for cleaning oneself.

• 5) It is disliked to urinate standing unless there is a reason (injury, etc.)

The details of #1 and #2 have already been discussed (matters of tahara/purification),

• 3) Covering the ‘Awra.

• The intention cannot be made after the takbira.

• While bowing, women bend just enough so the hands

• While sitting, women sit in the tawarruk position,

Like the first rak’a but without the