Monday, February 15, 2010

Taraweeh behind a hafiz who trims his beard.

Question:

Is it permissible to perform Swalaat-ut-Taraaweeh behind a Hafiz who keeps his beard less than a fist length?

Answer:

The Fuqahaa are unanimous with regards to the impermissibility of keeping the beard less than a fist length. In fact, due to it being an open transgression against the Shari'ah its sin and punishment is more severe than many other major sins.

قال في شرح التنوير و أما الأخذ منها وهي دون ذلك (القبض) كما يفعله بعض المغاربة و مخنثة الرجال فلم يبحه أحد (رد المحتار ص123 ج2)

 

Therefore such a person will be considered to be an open sinner (faasiq) hence to perform salaah behind him is makrooh tahreemi. Therefore if a Haafiz-e-Qur'aan is not available (who acts in accordance to the dictates of the Shari'ah) then too it is not permissible to appoint him as an imam in Taraweeh salaah. In this case a pious person should be appointed who can read the Qur'aan properly and he should perform the Taraweeh salaah with small surats. However as far as Fardh salaah is concerned, if a pious Hafiz is not found then instead of omitting Fardh salaah with Jama'at, it will be permissible to read salaah behind him (faasiq).

 

The same rules will apply to such person who keeps a Shar'ee beard only in Ramadhaan but shaves or trims it to less than a fist’s length during the rest of the year; that it will not be permissible to appoint him as an Imâm. However if such a person makes sincere tawbah and a firm resolution that he will not shave or trim his beard after Ramadhaan, then it will be permissible to read the Taraweeh Salaah behind him.

احسن الفتاوى (ص518ج3)

 

AND ALLAH TA'AALA KNOWS BEST

Tuesday, November 3, 2009

Stars and the moon as an Islamic symbol

Question.

A non-muslim asked me ''why almost on every masjid there are stars and moon''?

Is it an Islamic symbol ?

He also said if a good answer is given to him he maybe embrace Islam.

Answer.

Islam is a pure religion, and it is based only on those principles, which are established by Allah Ta'aala and His Prophet Muhammad (sallallahu alaihi wasallam). As far as we know there is no mention in the Qur'aan and Ahadith with regards to taking the star and the moon as an Islamic symbol. So this should not be a criterion at all for a person to accept Islam, rather he should look at the beautiful principles of Islam, which are mentioned in the Qur'aan and Ahadith. However nowadays most of the Masaajid in the world have the above-mentioned symbols, but it does not mean that it is an Islamic symbol exhorted by the Qur’aan and Hadîth. 

Nevertheless even though it is not exhorted by the Qur’aan and Hadîth, there is nothing wrong in putting it on the minarets, domes of the Masaajid etc to beautify the Masaajid as Allah Ta'aala himself has used moon and stars to beautify the skies. Allah Ta'aala mentioned in the Holy Qur'aan that:

ولقد زين السمآء الدنيا بمصابيح.....(سورة الملك 67 آية 5 )

Translation: And verily we have beautified the heaven of the world with lamps  

 

In this verse the word lamps means stars so from this we come to know that Allah Ta'aala also has used the stars for beautification as well. Furthermore, our pious predecessors have throughout the years condoned the placing of such symbols on the domes of Masaajid, etc, without any reproach and rebuke, thus it would be acceptable and permissible based on:


 ما رآه المسلمون حسنا فهو عند الله حسن

Moreover there are some other benefits in using a symbol (stars, moon, etc) on top of the Masaajid. One of the benefits is that it will be easier for a Muslim traveler for example to know where the masjid is situated. And if we see nowadays we will see on every temple, church, etc has a specific symbol, and some of them give an indication towards their religion like a cross on a church, etc. 

One of the reasons for which crescent (hilal) may be used is due to the fact that our Islamic months start when the crescent is sited. 

 AND ALLAH TA’AALA KNOWS BEST

Religious Music

Question.

Is it permissible to listen to religious music ?

Answer.

All types of music that are prevalent nowadays are haraam due to the fact that they fall under the category of لهو الحديث (futile)

Allah Ta'aala has made mention in the Holy Qur'aan in this regard that:

ومن الناس من يشتري لهو الحديث ليضل عن سبيل الله .......

Translation: And of mankind is he who purchases idle talks (I.e. music, singing, etc) to mislead (men) from the path of Allah without knowledge……….

 In this verse the literal meaning of this word (لهو) is that particular activity which makes you neglectful of a higher pursuit in life. And those things in which there is no benefit to Shari at and it is a mere past time and entice people to do evil are also know as (لهو). Therefore the commentary of this verse has been interpreted in different ways. According to hadhrat Ibn Masood, Ibn Abbaas and Jaabir (radhiyallahu anhum) it means singing and music. And according to other interpreters it is everything that makes people neglectful of Allah Ta'aala's worship and remembrance. So the later of the two is more general and it includes music, singing, fairy tales etc.

Imam Bukhari mentioned in his book (al-adabul mufrad) that:

لهو الحديث هو الغناء وأشباهه

Translation: the word (lahwul Hadith) is music and things similar to it.

 Besides this there are many places in the Qur'aan and Hadith wherein the same thing is made mentioned thereof.

Nabi (sallallahu alaihi wasallam) has made mention of a Hadith on the authority of hadhrat Abu Hurairah (radhiyallahu anhu) to that effect that:

كل شيئ من لهو الدنيا باطل إلا ثلاثة إنتضالك بقوسك و تأديبك لفرسك وملاعبتك لأهلك بإنهن من الحق.

Translation: Everything with which a man plays is unlawful except his shooting with arrows, and his training his horse, and his sporting with his wife; and verily these are of the truths.

In another Hadith it is mentioned that Nabi (sallallahu alaihi wasallam) has said to that effect that: There will be a people of my Ummah who will seek to make lawful fornication, the wearing of silk, wine (drinking) and the use of musical instruments(Bukhari 2/837).

From this Hadith we come to know that whatever is happening nowadays are truly the prophecies of Nabi (sallallahu alaihi wasallam) and this is not only it but in another place Nabi (sallallahu alaihi wasallam) has prophecies about the punishment which will befall them as well. Thus it is stated in a Hadith to that effect that Nabi (sallallahu alaihi wasallam) has said  that "A people of my Ummah will drink wine, calling it by other than its real name, merry will be made for them through the playing of musical instruments and by the singing of female singers. Allah will cleave the earth under them and turn them into apes and swine. (Abu Dawood 2/519, Ibn Maajah 1/300).

Nowadays music etc is so prevalent that it is very difficult to abstain from it but remember that strive in the in pleasing Allah Ta'aala and act according to his commands then verily Allah Ta'aala has kept lots of reward for him and verily he is the successful one. Allah Ta'aala mentioned in Surah Al-Mu'minoun that: 

قد أفلح المؤمنون , الذين هم في صلوتهم خشعون, والذين هم عن اللغو معرضون.....

Translation: Successful indeed are the believers. Those who offer their salaah with all solemnity and full submissiveness. And those who turn away from Al-laghw (dirty, false, evil vain talk, falsehood, and all that Allah Ta'aala has forbidden). 

 

Therefore we should not get affected by other people who are involved in these futile things; instead we should make an effort to get them out of that evil.

If you are describing ash'aar and nazms as religious music then if it is such ash'aar and nazms that contain the greatness of Allah Ta'aala and praises of Nabi (sallallahu alaihi wasallam) and wherein everything is in conformity with Shari'ah then it will be permissible and advisable to listen to. Therefore I would like to mention some conditions in this regard.

1-The tune and style should not be that of Hindi and English songs, nor should it resemble the rhythms of rap artists. As Muslims we have been expressly prohibited by Nabi صلي الله عليه و سلم from imitating the ways and mannerism of the kuffar, thus it would be unbecoming that the beautiful phrases of ALLAH and his prophet صلي الله عليه و سلم be sung in tunes and rhythms of songs that are nothing more than verbal expressions of immoral persons desires.

2-It must not be merely for enjoyment and pass-time.

3-It must not contain any unlawful or undesirable speech such as gossip, mocking of others or the vivid description of any woman or any other haraam object.

4-Such singing should not lead to the discarding or neglecting of any compulsory act of Shari’ah or the commission of any other evil or sin.

Thus qawwaali (قوالى) will also not be permissible due to the fact that it includes some of the above mentioned conditions as well.

From amongst the conditions of singing naats (singing the praises of Nabi صلي الله عليه و سلم), Faqihul Ummat Mufti Mahmood Gangohi رحمة الله عليه mentioned that it should not be sung or read in such chorus (i.e. unison) wherein the tunes of qawali and songs are adopted. If it is sung with such (obnoxious) tunes it takes the form of lahwa laib (mere amusement), which is not permissible in Islam. See Fatawa Mahmudiyya 17/234.

Mufti Kifaayatullah رحمة الله عليه states that it is not permissible to listen to such people who sing songs with distinct musical tones (albeit without musical instruments) and in a method that conforms to the rules and rhythms of musicians. See Kifaayatullah Mufti 9/179.


AND ALLAH TA'AALA KNOWS BEST

Saturday, October 24, 2009

Superiority of man over women.

Question.

Why is man superior to woman?

Is there any mention of this from the Holy Quraan?

Answer.

Firstly it should be well understood that Allah Ta'aala is our only Creator and Commander and whatever He creates and commands is only threw His wisdom, therefore no one including human beings can question the Divine Wisdom of Allah Ta'ala. Allah Ta'aala is the one who has given mankind intelligence and it is a great gift from Allah Ta'aala, therefore we should use it and at the same time be thankful to Allah Ta'aala, one way of thanking Allah Ta'aala is to use it in a correct way i.e. to use it wherever we are supposed to, not such a way that it contradicts with the Shari'ah. Allah Ta'aala has given us a limit to use our intellect, so when it comes to the matter of Qur'aan and Hadith whether it makes sense to us or not then too we should accept it and do not refer to our intellect which is very limited. In many places in the Qur'aan Allah Ta'aala has mentioned the superiority of a few things over the other, for example Allah says in Surah Al Baqarah: 

تلك الرسل فضلنا بعضهم على بعض, منهم من كلم الله ورفع بعضهم درجات.....

Translation: Those Messengers! We preferred some of them to others; to some of them Allah Ta'aala spoke (directly); others He raised to degrees (of honor) …

In another place Allah Ta'aala mentions:

كنتم خير أمة أخرجت للناس

Translation: You [true believers in Islamic monotheism, and real followers of Prophet Muhammad sallallahu alaihi wasallam and his Sunnah] are the best of peoples ever raised up for mankind;

Beside these there are other places in the Qur'aan where Allah Ta'aala has made mention of the superiority of one thing over the other, so just as we are not allowed to interfere in regard to the superiority of some Nabi and nation, etc over the other in the same way we have to accept the superiority of men over women as mentioned in the Holy Qur'aan and we should not use our intellect as a criteria.

Thus Allah Ta'aala has made mention in the Qur'aan:

وللرجال عليهن درجة, والله عزيز حكيم.

Translation: But men have a degree (of responsibility) over them. And Allah Ta'aala is All-Mighty, All-Wise.

Under the interpretation of this aayah Allaamah Ibn Katheer has mentioned that men are superior to women in virtues, ranks, obedience (of Allah Ta'aala), spending (in the path of Allah Ta'aala and family, etc), in responsibility and he also stated that the virtue (fadheelat) is in regard to this world and in the hereafter as well.

This is sufficient to show us the fact that men are superior to women, but then too Allah Ta'aala is the creator of mankind and he knows our way of thinking therefore He further elaborated on this topic in another Aayah of the Holy Qur'aan and said:

الرجال قوامون على النساء بما فضل الله بعضهم على بعض و بما أتنفقوا من أموالهم......

Translation: Men are the protectors and maintainers of women, because Allah Ta'aala has made one of them to excel the other, and because they spend (to support them) from their means.

In this Aayah Allah Ta'aala mentioned the superiority of men over women and also mentioned two main reasons thereof. The first reason is that Allah Ta'aala himself gives superiority of things over the other and no one can come in between and raise an objection against Allah Ta'aala.

The second reason is that Allah Ta'aala has given men superiority over women due to the fact that Allah Ta'aala has given men more obligations than women and women were created from man. The first human being was Adam (Alaihissalaam) and from him Allah Ta'aala created Hawwa (Alaihassalaam).Allaamah Ibn Katheer mentioned in his book that:

يقول تعالى (الرجال قوّامون على النساء ) أى الرجل قيم على المرأة, أى هو رئيسها و كبيرها و الحاكم عليها و مؤدبها إذا أعوجت(بما فضل الله بعضهم على بعض)أى لأن الرجال أفضل من النساء , و الرجل خير من المرأة و لهذا كانت النبوة مختصة بالرجال , وكذلك الملك الأعظم لقوله صلى الله عليه وسلم (لن يفلح قوم ولوا أمرهم إمرأة) رواه البخارى. وكذا منصب القضاء وغير ذلك.(وبما أنفقوا من أموالهم ) أى من المهور والنفقات و الكلف التى أوجبها الله عليهم لهن فى كتابه وسنة نبيه صلى الله عليه و سلم و فالرجل أفضل من المرأة فى نفسه , وله الفضل عليها والإفضال

Translation: Allah Ta'aala says (men are the protectors and maintainers of women) i.e. man is the custodian of woman; he is her leader, chieftain, governor, and her discipliner when she acts dishonestly and corruptly. (because Allah Ta'aala has made one of them to excel the other) i.e. since men are better and superior than women, that is why prophethood is allocated to men only, and in the same way the leadership and kingship is apportioned to men only as it is mentioned by Nabi (sallallahu alaihi wasallam) that: "such a nation will never be successful which entrusts its affairs to a woman” (Bukhari). In the same way when it comes to administrative posts etc. (and because they spend (to support them) from their means).i.e. man gives them dowry (mahr), spending, and the burden which Allah Ta'aala has made compulsory upon men for them in His book (Qur'aan) and in the Hadith of his beloved Rasul (sallallahu alaihi wasallam). So generally man is better than woman and he has priority over her.

 

Whatever was mentioned above is the general case. However, although men are  superior to women but there will be some women who will be given more reward etc in the Aakhirah due to their righteousness which  at times causes them to supercede the deeds of men, therefore we should make an effort to make more righteous deeds and do not get involved in futile things.

AND ALLAH TA'AALA KNOWS BEST


Tuesday, October 20, 2009

Beard

Question.

Assalamoualaikum Mufti saahab;

I want to know the rules regarding the beard;

(1) Is it obligatory to keep a beard?

(2) I heard that a person must grow his beard up to one fist, how true is this?

(3) I heard that it is haraam to trim it unless it is more than a fist, is it so?

(4) what is the ruling of praying swalaah behind the Imaam who trims his beard and does no let it grow up to a fist after knowing that a fist is waajib to keep. Is it permissible to pray behind him while their are others having beard according to the sunnah and they can lead the swalaah ( i mean they can read Quraan properly and they know the masaail of swalah etc)? 

(5) Is it permissible to keep such a person as an Imaam? 

Bayyinou mudallalan wa mufasswlan bit tahqeeq wal yaqeen toujarou.please forward me all details with proof Allah will reward you Mufti saahab in both worlds?

Answer.

Shari'ah has commanded males to lengthen the beard. 

 1) Rasulullâh sallallâhu alaihi wasallam has said, “Oppose the Idolaters and lengthen the beard and shorten the moustache”. (BUKHARI)

 

(2) A Hadith in Sahih Muslim states on the authority of Hazrat Ibn Umar (R.A.) that Rasulullâh sallallâhu alaihi wasallam ordered the trimming of the moustache and the lengthening of the beard. (MUSLIM)

 

(3) Rasulullâh sallallâhu alaihi wasallam has mentioned in a Hadîth, “From the nature of man is the bathing on Jumuah, the use of the miswaak, the trimming of the moustache and the lengthening of the beard. Verily, the Fire-worshippers lengthen their moustaches and shave their beards, so oppose them by cutting your moustaches and lengthening your beards”. (MAWARID US ZAM’AAN HADITH NO.560)

 

(4) It has been narrated in Musannaf Ibn Abi Shaiba that a fire-worshipper came to Rasulullâh sallallâhu alaihi wasallam and he had shaved his beard and lengthened his moustache. Rasulullâh sallallâhu alaihi wasallam asked him about this. He replied that this is our religion. Rasulullâh sallallâhu alaihi wasallam then said,“ In our religion we cut our moustaches and lengthen our beards”. (MUSANNAF IBN ABI SHAIBAH V.8 pg379)

 

(5) Rasulullâh sallallâhu alaihi wasallam has said, “Ten things are Fitrat (natural). To cut the Moustache and lengthen the beard (are from amongst ten things)”. (MUSLIM)

 

In Bazlul Majhood (commentary of sunan Abi Dawood) Fitrat (nature) has been counted as the practices of the Ambiya (A.S.) (BAZLUL MAJHOOD)

 

(6) Rasulullâh sallallâhu alaihi wasallam has mentioned “Whosoever resembles another nation then he is from amongst them.” (MISHKAAT)

 

All the Sahaba, Tabieen and pious predecessors have acted upon this order of Rasulullâh sallallâhu alaihi wasallam. Acting contrary to this order has not been recorded. Instead, stern warnings and admonitions have been narrated for not keeping a beard. Therefore, the Mujtahideen and Fuqahâ` (jurist) have decreed that it is Waajib (compulsory) to keep a beard.

 

Hazrat Shaikh Zakariyya (R.A.) has mentioned that According to all the 4 schools of fiqh it is Haraam to cut the beard.

 

Hafiz Ibn Kathir (R.A.) has quoted Ibn Haazim as saying that to cut the beard is Haraam by consensus of the ummat. (AL BIDAYAH V.14 PG.274)

 

In Addurul Mukhtar it has been stated that to cut the beard less than a fist length is not permissible according to any one. (V.2 Pg.155)

 

The same has been mentioned by Allamah Ibnul Hummam (R.A.) (See AL FATHUL QADIR V2 Pg.348)

 

 

The verbs used Sahih Bukhari and the other authentic books of Hadeeth to issue this command are all in the imperative sense. Imperative verbs normally denote the obligatory nature of an action and the obligation of that action can only be demoted  to an optional level if some Hadeeth or Shar'ie proof is found to negate its obligation. In this case, there is no such proof because if lengthening of the beard was only a Sunnat and not a Waajib (compulsory) act, there would have been at least one occasion mentioned in the Ahaadeeth wherein an action contrary to the above injunction could be found. Not one such Hadeeth can be found, hence we may safely deduce that to lengthen the beard is compulsory. There is another fundamental principle of Shari'ah and that is: when Shari'ah uses an imperative verb to make some action obligatory upon us (and the obligation is nowhere negated), then, whilst carrying out that action becomes compulsory, discarding that action would become Haraam. Take the example of Salaah; that Allah Ta'aala commands us: “Establish Salaah”. This command makes Salaah obligatory upon us. Thus, any action to the contary; i.e. the action of neglecting and discarding Salaah would become Haraam.

 

When we have been commanded to lengthen the beard, then shaving and shortening the beard to less than the size of a fist would become Haraam and result in a major sin. One can honestly only be said to have lengthened the beard (which is the injunction in the Hadeeth) if one allows it to grow up to at least a fist’s length..

 

Let us now come to the point of where and how it has been established that the beard should be allowed to grow to at least a fist's length. The first proof of this can be found in the fact that, as we all know, the first addressees of the injunctions of Shari'ah were the Sahabah-e-Kiraam radhiallahu anhum. They were the first to receive the Qur'aan from Rasulullah sallallahu alaihi wasallam and the first to listen to his discourses and Ahaadeeth. When they received the injunction of lengthening the beard, they immediately put it into practice. They were daily present in the court of Rasulullah sallallahu alaihi wasallam, so they obviously also saw with they own eyes, the practice of Rasulullah sallallahu alaihi wasallam too in this regard and  followed suit. As Rasulullah sallallahu alaihi wasallam lengthened his beard, so too did the Sahabah radhiallahu anhum. Staying constantly in the company of Rasulullah sallallahu alaihi wasallam also taught them that if the beard grew longer than a fist, it was permissible to trim it up to a fist's length and not shorter than that. Hence, we learn from the books of Hadeeth that some Sahaba-e-Kiraam radhiallahu anhum used to trim their beards to the size of a fist if it grew beyond a fist. The Sahabah radhiallahu anhum then would appear in the presence of Rasulullah sallallahu alaihi wasallam without being reproached for this, indicating that it was permissible to trim the beard up to a fist's length.

 

The incident of Hadhrat Abdullah bin Umar radhiallahu anhu (who was a staunch and ardent follower of the Sunnah) is mentioned in Sahih Bukhari that he used to catch hold of his beard with his fist and cut off those hairs of his beard that protruded beyond his fist. If it was permissible to trim the beard shorter than a fist, he would have trimmed it shorter, but neither did he nor did any other Sahabi radhiallahu anhu ever do so. In short, trimming the beard to a fist's length and then not being rebuked by Rasulullah sallallahu alaihi wasallam, shows the permissibility of shortening to only a fist's length, and not more. (Reference: Bazlul-Majhood under the discussion of the Hadeeth of "Khisaalul-Fitrah.")

 

Another proof that the beard should be grown to at least a fist's length, can be found even in the Qur'aan: When Hadhrat Moosa alaihis-salaam returned from the Mount of Toor and found that some of his people had transgressed the limits of Shari'ah in his absence, he became very angry and demanded an explanation from his brother Hadhrat Haroon alaihis-salaam as to why he was not able to maintain order while he (Hadhrat Moosa alaihis-salaam) was away. While talking to him, Hadhrat Moosa alaihis-salaam angrily grabbed his brother's head and beard. Hadhrat Haroon alaihis-salaam responded by saying:-

“O my mother's son, do not catch my beard nor my head.” [Surah Tahaa, 20:94].

 

It is obvious that Hadhrat Moosa alaihis-salaam could only have caught his brother firmly by the beard if the beard was at least up to a fist's length. If the beard was a mere stubble and only a superficial cover as some people are wont to grow it nowadays, it would have been virtually impossible to grasp him by the beard. This incident also indicates that the other Ambiyaa alaihimu-salaam also kept long beards and that is what they expected from their Ummatis (followers) as well.

 

The following extract from "Durrul-Mukhtaar", an authentic reference work on Hanafi Fiqh also categorically points out the prohibition of  trimming the beard to less than the size of a fist. It also states that shaving the whole beard is the way of the Jews and fire worshippers whereas these are two of the many sects regarding whom we have been commanded in the Ahadeeth to avoid emulating:-

“Trimming the beard to less than a fist -such as is practised by some western nations and also by men who mimic the ways of women- is an act that has not been allowed by any of the reliable scholars. As for shaving the whole beard, that is the way of the Jews and fire worshippers.”  [Durrul-Mukhtaar, Vol 2, Pg. 174].

 

The person who shaves his beard or keeps a beard that is less that the Shari'e regulation is termed as a “Faasiq” in Shari'ah and it is Makrooh-e-Tahrimi (i.e. highly reprehensible) to appoint a Faasiq as a Imaam. Thus, the Imaamat of a person who shaves his beard and a person whose beard is less than the Shar'ie regulation is Makrooh-e-Tahrimi; i.e. highly reprehensible [Fataawa Mahmudiyya Vol. 16, Pg. 275].

 

Huffaaz who only grow their beards temporarily in Ramadhaan merely for the purpose of performing Taraweeh and then shave their beards after Ramadhaan will also be fall under this category. Such Huffaaz (who have no firm resolve of perpetually keeping a beard) should not be appointed to lead the Taraweeh or any other Salaah.

 

Hence, a person who regularly shaves or trims his beard  to less than a fist’s length out of the month of Ramadhaan cannot be appointed as an Imaam. What further aggravates the situation is that in spite of the fact that some of these Huffaaz are made aware of the importance of constantly keeping a beard, they still do not take heed of the warning. This further displays their gross neglect for the injunctions of Deen. Such persons do not deserve to lead the Taraweeh or any Salaah for that matter.

The Mutawallis and Committee members who insist on appointing such a person as an Imâm are also guilty of a transgression, as they are corrupting the Salaah  of the Muqtadis;  hence they too would need to make sincere Taubah for this transgression.

Now that the true nature of the Mas’alah has been brought  to the notice of the Mutawallis, they ought to take remedial action: Either the Haafiz concerned makes sincere Taubah to Allâh Ta’âlâ and makes a firm commitment and resolve to grow his beard up to the required length and keep it that way at all times throughout the year, in which case he would be allowed to lead the Taraaweeh salaah; or he is politely told by the committee to make way for other Huffaaz whose beards conform to the Shari’ah and who would also like to get the opportunity of performing Taraaweeh in the local Masjid. If the Haafiz concerned is not prepared to change and grow his beard to the required length, then his application for performing Taraaweeh should be politely declined. By allowing him to continue performing Taraaweeh, the Mutawaalis are going to make things difficult for themselves; because tomorrow, another Haafiz who shaves or trims his beard short will demand to be also given a chance and base his argument on the premise that “you people allowed so and so with a short beard to lead the Taraaweeh Salaah, so why not me !.”

In fact, this matter is so serious that our Akaabir (senior) Ulema state that if a Haafiz with a fully Shar’ie-compliant beard cannot be found in a community, then it would be better to have a pious non-Haafiz (whose beard is Shari’e-compliant) to lead the Taraaweeh, whilst reciting from Alam-Tara-Kayf (i.e. small Surahs) rather than having the Haafiz (who shaves or trims his beard to less than a fist) reciting the whole Qur’aan in Taraaweeh!

AND ALLÂH TA’ÂLÂ KNOWS BEST.

 

Monday, October 19, 2009

Shabeenah in Ramadwaan

Question.

Is it permissible to take part in Shabeenah ( salaah which is read in congragation in the Month of Ramadwaan specially in haramain) ?

Answer.

We acknowledge receipt of your query and our response is as follows:

To recite, teach and listen to the Glorious Qur’aan is an act of very great reward and a means of blessings, there are many virtues narrated in the Ahadith in this regard.

Therefore one should make the tilaawat of the Holy Qur’aan in abundance, especially in the month of Ramadan it deserves more interest and significance. Because Ramadan is a month of earning thawaab and goodness from Almighty Allah, together with that it is a month, which has a special connection with the Qur’aan Shareef.

However according to the principles every act, has its set rules, etiquettes, and boundaries. As long as any good act is carried out within the confinements of the shar’ee conditions and principles it will be a means of rewards and blessings otherwise it will be a means of sins. Hence if the reading and listening to the Qur’aan Shareef is done by considering its prescribed etiquettes and conditions is a great virtue and a means of reward otherwise it will be a means of sin. Therefore to perform additional nafl salaah after the Taraaweeh Salaah in which the whole Qur’aan is being read in the last ten days of Ramadan with jama’at by announcing it is not permissible regardless of it being in haramain or anywhere else.

 The reason is because this act is a mere innovation of this era and it is not proven from our pious predecessors, the TABI’EEN (رحمة الله عليهم) and the SAHAABAH (رضي الله عنهم).

والنفل بالجماعة غير مستحب لأنه لم تفعله الصحابة فى غير رمضان ( رد المحتار ص 49 ج 2 )

This is aggravated even more by the fact that now a day SHABEENAH comprises of certain aspects which is totally against the grain of SHARI’AH.

فأجبت بأن نفس ختم القرآن في ليلة أمر مرغوب إليه, لكن ضم أمور قبيحة معه قبيح, وتفصيله : أن فيما تداولوه و حسبوه أمرًا حسنًا أمورًا بعضها حسنة وبعضها مستقبحة ........فهذا وأمثالها مفاسد قد أخرجت الأمر الحسن إلى درجة القبح, وكم من شيئ حسن يصير مع ضم ضميمة قبيحًا.   ( إقامة الحجة ص 154 )

One of the basic reason for it not to be tolerated in Shari’ah is that nafl salaah is read with jama’ah by making announcements.

و الجماعة فى النفل فى غير التراويح مكروهة فالإحتياط تركها فى الوتر خارج رمضان, و عن شمس الأئمة أن هذا فيما كان على سبيل التداعى أما لو إقتدى واحد بواحد أو إثنان بواحد لا يكره وإذا اقتدى ثلاثة بواحد أختلف فيه وإن اقتدى أربعة بواحد كره إتفاقًا.(حاشية الطحطاوى ص 211 )

(ولا يصلى الوتر و)لا( التطوع بجماعة خارج رمضان)أى يكره ذالك على سبيل التداعى(در المختارص48 ج2)

(قوله على سبيل التداعى) هو أن يدعو بعضهم بعضًا كما فى المغرب, وفسره الوانى بالكثرة وهو لازم معناه.

(رد المحتار ص49 ج 2 )

According to our FUQAHAA ‘to read nafl salaah with jama’ah is MAKROOH, and to make it a perpetual habit is a BID’AH since it is contrary to the practice of our ASLAAF (The Sahaabah and Tabi’een).

والجماعة فى النفل غير التراويح مكروهة فالإحتياط بتركها فى الوتر خارج رمضان(حاشية الطحطاوى ص232)

وإن كان على سبيل المواظبة كان بدعة مكروهة لأنه خلاف المتوارث(رد المحتار ص 48 ج 2)

 

From the afore mentioned we deduce the following:

 -If one intends to perform such a salaah congregationally (with jama’ah) it will be permissible only with this proviso that there should not be more than three Muqtadi behind the Imaam.

-It is not permissible to join the shabeenah, which takes place in haramain.   

AND ALLAH TA’AALA KNOWS BEST


Salaat at makrooh times

Question.

(1) Is it permissible to read Asr salaah whilst the sun is setting?

(2) What are the makrooh times in which it is not advisable to perform salaah?

Answer. 1

To start Asr salaah exactly at the time of sunset (عين الغروب) is not permissible, however if it is the Asr Salaah of that particular day and it was started before the sun had actually set, then it will be permissible, provided that it was not delayed intentionally, otherwise it will be makrooh to leave the Asr Salaah till so late. Thus, if whilst engaged in the Asr Salaah of that day, if the sun sets, then too the Salaah will be in order and it will be regarded as Adaa and not Qadhaa. If it is the Asr Salaah of any other day then it will not be permissible to read it at this time (i.e. close to sunset).

 

وأما الوقت المكروه لبعض الصلوات المفروضة فهو وقت تغير الشمس للمغيب لأداء   صلاة العصر  يكره أداؤها عنده للنهي عن عموم الصلوات في الأوقات الثلاثة منها إذا تضيفت الشمس للمغيب على ما يذكر وقد ورد وعيد خاص في أداء   صلاة العصر  في هذا الوقت 608;هو ما روي عن رسول الله أنه قال يجلس أحدكم حتى إذا كانت الشمس بين قرني شيطان قام فنقر أربعا لا يذكر الله فيها إلا قليلا تلك صلاة المنافقين قالها ثلاثا لكن يجوز أداؤها مع الكراهة حتى يسقط الفرض عن ذمته  ..................... انظر ( بداءع الصناءع  ج1 ص127)

 

ِِAnswer. 2

There are few times in which it is makrooh to perform salaah; however in some of them it is makrooh to perform all types of salaah i.e. at the time of sunrise, zawaal and sunset. In these three times it is makrooh to read fardh salaah, qadha salaah, janaazah salaah, sajdat-ut-tilaawah, tahiyyat-ul-wudhu, tahiyyat-ul-masjid, etc. However, to read the Asr Salaah of that particular day at the time just before the sun sets is permissible (as mentioned above), provided that the Salaah was started before sunset.

 

The following times are times wherein it is makrooh to perform Nawaafil Salaah: (1) from the time of subh saadiq (true dawn) until Fajr Salaah. The 2 sunnah of Fajr can, however be performed in this time. (2) From after Fajr Salaah until sunrise. (3) After one has performed one’s Asr Salaah and also when the sun turns pale (اصفرار) which is approximately 10 to 15 minutes before sunset. (4) After sunset before Maghrib salaah. (5) At the time of iqaamat on the day of jumu’ah. (6) At the time of khutbat-ul-jumu’ah. (7) At the time of khutbat-ul-eidain. (8) At the time of khutbah of salaat-ul-kusoof. (9) At the time of khutbah of salaat-ul-istisqaa. N.B If janaazah is present or aayat-us-sajdah is read in these makrooh times then it will be permissible to read the janaazah salaah or to make sajdah. However if the janaazah was present long before the makrooh time came in or an aayah was read before the makrooh time then it would be makrooh to delay them until these makrooh times.

 

ثلاث ساعات لا تجوز فيها المكتوبة ولا صلاة الجنازة ولا سجدة التلاوة اذا طلعت الشمس حتى ترتفع و عند الانتصاف الى ان تزول و عند احمرارها الى ان تغيب الا عصر يومه ذالك فانه يجوز اداءه عند الغروب هكذا فى فتاوى قاضى خان ......................................هذا اذا وجبت صلاة الجنازة و سجدة التلاوة فى وقت مباح و اخرتا الى هذا الوقت فانه لا يجوز قطعا اما لو وجبتا فى هذا الوقت واديتا فيه جازلانها اديت ناقصة كنا وجبت.......................................ولا يجوز فيها قضاءالفراءض والواجبات فاءتة عن اوقاتها كالوتر هكذا فى المستصفى و الكافى .............................................تسعة اوقات يكره فيها النوافل وما فى معناها لا الفراءض هكذا فى النهاية و النهاية ...................انظر  {الفتاوى الهندية ج1 ص52}