Fatwas of Muslim

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Dlar Al KONlh Ubrary Number : 2000/5221 I.S.B"N: '97 1,;. 6. 0 0 5 - 0, O'~4

Table of contents
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Translator' s note

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Purification

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Men and women having Ghusl rpuriticatory bath) from the same container , , , ,..; " ' Copper utensils inlayed with silver. , ,.,.," Circumcision of women.v. ,' , ,., ; , ~ W.ip·~.ng ver the head eov[er" o
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Touching women , :. Touching the Holy Quran ,." ", .., • Carryi ng ~be Holy Quran " ; ,., '..,.., ~eadil1g the Qur an during puerperium
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Prayer, ".......'.. M:aking up missed] pnly[ers " ,". , Is makingnp missed prayer better Than performing optional prayer ? "•."., ., ;, ,. • Women's ornament. .. ", "·'~' [. Concealing women's private parts from men and
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Showing ~h.e:ace, t'he hands, and theteet before f

Strangers ," " , !., •.••.•.•• ".". ".•••. , .' ••• ,..,., ,., " ,', •••••• "".36, Does a, woman have to cover her hands 'run. prayer? ".".38 • The uncover ~111,g a woman s hajr during prayer, of .. ,.41 •. A woman praying with the; surface 'of her fa-at .. uncovered , i.',. ,.'"" .•, •,."..••., ,.. ,.,.•." ",. '.".•.. , 4'1. , .
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Sewing silk for men and, women and getting
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paid for it."."." ...".....'.;'.'... '.;,.... ",,,,., .'.... '" ...... ,•. ',." ,.. """ ..,,,.,,,,,42 'W'omen s wearmg k amens, +, '''' ••• '" ". ,."."". ,,, ••,.,. ,.'. ,••• ,." '.". "' .43 .~ ','"",' ,:: 4~~ il\., ~ The criterja of imitating the otber sex .. ,"". '"., " ' ',.44 .
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,. Women s wearing turbans .. ' '.'.'. ' ' "._, ,..',."". ,,48 Isa Christian WODlan '[0 be buried a.mong Muslims? ,.. 48.
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~ Zakah .. ,'...... '..',.'.".".,.".,.'" ,,,., ,,, "'... '".'.'.. ,..'...'...,' .,..,.,,',.".,.,.4'9 '... .. .. .. .
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of Z~"'kI71- ,m ,w.n,d', ebt? '.''.', ., ."".'."., .'.,".'.",..,..... .. .".'.. 0_ ' a, a 1 :'f':,·_ .." ,f ,t. .. . ''. ,

Zakah of Jewelry ,,",.","",. ,,..." .....,."•..,.", ".'.'".. "'".'.' . ...'...'., .,49 Zakah on a woman's dowry .. ,.. ,,'..".., , "...,.'.""',".'.,,.. ,.50 em the grandmother be a legitimate recipient
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.' Fasl,wng; ... '".,.,.". ,. ",.'"',.," .",;.,>" +. +, ••••• ,." •• ". '",;.', •• '•••••• '. '••••••• '••, ;,5'3 .: Is a pregnantwoman, who is in no 'pain, allowed not to fast for the sa te~yof her baby? '.., , ";."., 53 ., Wharis a fasting Muslim allowed, to do? 'What wouldbreak his fasting: and what would not? .'. 53
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I" A man who could not fast or pray tight before his Idea-til,. '..,',', "." ,,'"' "." ,~" , • ''
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• Refraining: from going to extremes in
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another? .,,'"+, +•• '•••• ,•• , ". '•••••• '•• ''" •• "" ••,",• ., +,,' • .58 Can awoman who 'has already performed the p~~grimage go on, a pilgrimage on behalf of a dead person and be paid for i~?.'... '.._." ... ".'.... ,,'..... ,.58 .".., Circumambulation of '~heSacred, House made 'by

a menstruating woman ... ;, .. ,. S9 • Attending,' Atafah by amenstruating ·woman , 613 A weakwoman 'who spends the 'night in Muzdalifah, .63 • Circumambulation made by one who is ritually impure due to menstrua tion, seminal .discharge or due Ito minor impuriry 'i .e ..not making ablution ..'"' , , ,.,. '" ,64, Forhidding a menstruating woman to. observe F asting in Ramadan , 74, I. Forbidding a menstruating woman to perform
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Recttation of the Holy Qur'an by a menstruating
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Menstruation and I'tikaf (Seclusion in a Mosque 'for worship). The prayen' of a menstruating 'woman ,."'''''' .,
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From Endowment to M arriage
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Is i~permissible to 'build a second floor over
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a Mihrab (altar)? • Assigning a will o r an endowment for one's Neighbors, , , " " " , ,.
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Th I'e'u nmarri e d. ·[·c.. ter U,,.,,., 1. Is it permissibleto privilege some of the children 'with a portion of the. estate Ito the exclusion of others? Is it per missible to give to relatives fr0111 the e state'l., .. ;.,
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• Assigning an endowment for theneedy of the deceased .•, ,.+,
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,. Assigning the revenue of endowments for shrouding: the poor deceased
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"father seizingthe possession of his. married daughter after her death, " " '" ,..,.,.,, ., "., 123 • Returning in a gift"", .. , ".'.,.".. ," ,.' ,'. '."..".., '.",...124 ' Pt, di vorcee returning in hergift. ..,."..,' '.'.. ,"...',, .'." '.,125 A man returning in his gittwhich he made CO' his wife after her death '" " " ~ "" ,'., , '".] :2.5 Remitting a husband from. me dower at the wi 'fe: s death ". 2,5 • A gift given to the 'wire' and children ..,.. ,.126 • A father returning :~nhi s; gift to. h~s,bad son...". '.,."",',""'.127
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IB!EQ'UEST,$, ..".'..'. ' ,," .,.. ,.,'..",.,, ' IiA bequest or an acknowledgmeat
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Making bequests of unequal sharesto one's ,child,ren,.",."." ,..,,",", ..,'," .•... ,.•.,..•. ,....,

,.. " .,,, " 2~9 ,, " " ., i' " ," 2:9 ,. Can a nephew be ,an heir? ..".".,.".. "."., ... " " ..." .,...,. '..... 130:

Ii A 'postponed oath ,," ~ Annulment 'Of a bequest.

~ Abequest to a husband, and a paternal uncle and a,grandmother ,..'.,.,." ' '" , •. , ,•..',•" 131 .

~ A bequest of Hajj, ..... ,.,.~ . ..,
.' Benefit for the deceased .. .'" , .,

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.' 'The guardian of the orphan girl.i.; .' IHERITAN'C,E
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,.., • Tbe share of the widow ,';" , ,.,..,.,.. " • The share of the husband from the inheritance
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Paternal and maternal brother-sand, sisters.' .. , ' '..''..'.] 36 A husband" mother and maternal sister ,, '. ,., .,1:36
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• A, daughter, maternal brother and a 'male cousin, .
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A husband, father tmother,. son and [daughter .. I 3,8 • The distribution of the estate between the husband and the nephew. ......, ,., ,,." "' ,.. i' ,,;,,' 138
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The daughters of one's brother

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A d.~vorc.ed~~hd.ce~-widow.,.,"." •• ', •• ,." ",.,." •• i i.'.'" .140 .. '.m.,." • Divorce beforeconsummation of marriage .....,',..',.. -. ,.1 ,41 .. A husband who divorces his wife before his death in w'.ay to disinherit her.""'!.,., ..... ~,42
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,. 'M'" 'A>'·R··R!··,·[A····G',',E • Proposing to marry a, woman alreadyengaged -to another pe:rso[:n.",'".,. ,.,.. '""'.. "'....... "'.... ,.. , .• , A woman proposed. to during her 'Iddah
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(waiting: period) ., , '. ,..' '..'.' ', ,.. " .,.., ,.' Mu'haUU (a man 'who married. :1, woman then

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., Th s"'C-Q"n4 'P"l' roposal ",,,,, ~"'., WI,U, ,,~ .
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divorces her so tba~ she 'may return to bel' previous husband who irrevocably divorced herr., "'. 146 .
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• The proxy of a dhimmi in marriage nfa Muslim • Marriage in illness., ,.,.".. ".".. ,,, ",. ".,." " .., , . .. . ,. A. 'woman marrying with a guardian other than. her father ,,; "" , , ' ,.." , .• .A ly~ng woman 'who changes her name and the
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• Obfigarion
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of the- virgin. maier ~,QlIIDarn" ",' •... .. ..'.:,:,..", ,.• 157
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Guardianship of a stranger., .. ,",

her relative against her will ......I64

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FORBIO'DEN rN' :MA~.RIAGE+,.","' • Tilie Exchange Marriage [Shlgliar] ;.,~;;,';.", • Combining a W'O Ina 11 and hermaternal aunt
• WOMEN

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• Taking in marriage the paternal aunt of .a. Ulan along ,with his niece, • Marrying the mother.of ones wife with whom marriage is not consummated..., , ".. ", ,... " .' '~2moths. without menstruationl .. , " "",,,,, ..,
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• 'The marriage of a woman 'who se guardian is
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Physical de'fects v·ersus ma rri ~.r.-'" age Can leprosy cause the: annulment of 1113'rrill.g,e:?;"." ., 111e ,Mustahadah [a woman suffering from .
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continuous, v.a,ginal bleeding}., '"..~,:

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,A. woman feund to be virgin. ,.... ,.. :.,
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• AN'AL SEX WITH' 'WIVES .,·.,."'., . ,'~,., .......".. ",... H.;"l71 . . ..,....
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ChuJa'iin the Qur'an and Sunnah

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Accu- .:sin'g' ",:1;., e wife '0'1';: ad' ··w·'~ltJ:llll;Y:' r CH ~b. . _'" 'Ut.".; ....., 1 1.'- ... ·.:_W.I~, W,IO.Jl .i:' The Khul of a. woman who has 'no guardian. ", , 183 Cancellation of absolution .......,.":,. ,,.....,...,......" "..., 184 . 'Divorce after the absolution 'Of (he dower .. +;'~~ :184 .. Revocable divorce of a deceivedhusband ..,.... ,.".,.".,.- 185 ",' , . A···· ru.e . "~ilkh _lJwI'n:! ••• " " ",,,,",,,;;,,",.,"',",',," '1'] . " ••• , " . ~ , ,,'.. . 1 :8·6'· '..• ," Is a.Khu!' counted inthe three dli vorce 'IJIl'O:L1(nnl. cements? .'.. '" ,..,".. ;, '..,' .' ', ,..,' '.".- : '",,.,., , l,8,6
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Is divorce effected, if a husband demanded a certain day' 'but she was rio~ ready on it? ,..,.. '" ," 189 ..... Is ~tpermissible 'tor a man to reconcile with, his wife even afte« 'he said ~oher: You are just like mvmother as far as marriage is concerned? ......,.,..'.,.. 190 When a man says that his wife is j ust like his mother during her absence, is. she prohibited for him ,as a wife? ., , '. ,., ' '.'..'.., .190 When a. man says to bis divorcedwife: If I resumed marriage with you ~ you win be just like my mother, what should he do? ... " .... ,.. '..,...",.,.. 192
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consummatemarriagewjth

,bi S 'wife on

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Divoree.v..«. ,",' ..'., . ",.,' ,';," '., .

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,193
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Is a drunkard' s divorce ,effected?" .. '".. ,. ,.. , conse iousnes s uttered if? , '.,.
+ ••• " •• , •"• ,

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19.3
ill 94

• Is divorce effeted when a man who lost his
'" • " ' • '" • , ••

If an angry man said: "sheis divorced" ~but he did not mention h~s wi fe~ is such di vorce effected? "..... ,.'... '..," .".,..,,.. '..".'.."..'..'.'.. ".".'..'.. ".",'.'. ",..'... = "" 19:5 ' ...," .. •. Is divorce effected when a man '~S coerced to do mt?".,.,,", ..'..... ;.•• " •. " ,j, .' " • ,...... ,195 • ,I.f a man is coerced to divorce his wife and be .did, but afterdivorce she, go~.· arried to another m
ri, ••• '", • '•• ', ..... ' ••• '•• '" •• ' .' •• , '•• ' •••••• '
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man ~ s thismarriage valid.?;"
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ill 96

~ A manpromised his wife to divorce her, 'but he had the'i1l'ID~endGn to resumemarriage with, her

rill

and conclude .a new' marriage contract 'with ....0 another dowry, is this valid? ..,..,,, ".,,' , ", ' ..' Is ~tpermissible for a man to divorce his wife
tn

J 97

I

j 1JJst. because hi s mother hates her? , ,"" W'hen a mother wants [0 "5e~Hliaw" etween' b her daughter and her husband" is the daughter a sinner if she disobeyed her mother in :this regard". .. ,,,,,,,,..'., ,.,.' '..' , ' • Is divorce effected if the husband intends to' divorce his wife 'before witnesses but
be did not, utter it? ..,.,.,.." ,..
,I '• , ." ' '••••

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•••••

"

197

".. 198

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When a. man thrice divorces his wife

ii

unintendonally and he means .!lustonce" is it, effecmed:?'", .' ,.' ", ..,;. .. A manis indebted to his wife and he wanted to divorce her if he did. not 'pay his debt If she acquitted him from such debt, is divorce effected?., .. , ".. ," ,,, ' ,'.' , ",. "., ,.' Is it permissible for at man to re-marry his ex-wife whom he: divorced thrice before consummating marriage. with 'her? ,
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A woman is divorced thrice before consummating marriage and when she gets married .. again, she is also di vorced thrice from, thesecond husband before the consummation of marriage as we U Js it legal for her-to return to the
!

firsthusband?
,ii

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Does a woman become prohibited for her
+ , , + • " •• ,. "•• '. ", • ,. " •• + , •• ' •••• '. "••• ", •• '•• , .' , , ., •••• '••••

husbandif he said: AU that ),own is prohibited for me'?""",. '"'". ,.'".". , • 202 • When a.'woman says to her husband: "Divorce me" and he replied: "You are: prohibited for me' ~ IDS she' prohibited in trus case? ......., . ,.,... ",.",,","'., ". .....,'....,','..203 '

n

!I

II

is it permissible to authorize' the new wife to divorce the old nne? Is divorce effected? ., ".,.., ,.. 0203 When aman' S authorized agent thrice div orees
t
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II

his (the man' s) wife is it permi ss;lb~efur the husband to return to his wife?. '" '" , .,. .... .. . • Is divorce effected when 3], man. is forgetful r 1 Fo·n·)' >0> 'ds. , , , I O· when he uuere,.... l!I w],. "~ W._ .r.c ,~? .... ..,_.... I.'~ ... A. man saidto bis wife: You are divorced if I, see ,.,., nd-so at your h,,,,~ -I!." dlvorce _ .... -':1 we' ~,'-",' ,.. .;>v~_ ~_, .. v .. , effecredif he saw' her in anotber place? .. ,..
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.207

• _If the- wife gor out of the; house without her
that she s'ho[dd, not do

husband 'spermission while he swore an oath

so, is divorce

effected? .... , ..,".207

Ii

• A,man accused hiswife of stealing a sum of money and said to her: If you. did. not bring this money, YDU are divorced. Is divorce effectedz. ...."... 208 • When the husband says to hiswife: "you are divorced if you give birth to a female baby" ~ and he revoked his threat, The: woman gave birth [0 a, female baby. Is divorce- effected.", ".....","! •• ,., "., •• ,.208 During a quarrel with 'his wife, the husband saidjf you say "divorce me", I will do, but
she kept silent, W:~ati s the 'I e:,g011 ruling

'1

on tni S 111a:tler?",.,.,.",. If a wife enters a house forgetfully while her husband. swears an oath of divoreeth atif
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she enteredsuch house, she willbe divorced.is
divorce effected?
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Thrice divorce If a .ma.nswore an oath of
thrice divorce: not ~oenter his brother' s house,

but later he was obliged to enter i~.~IDS
divorce effected? ,.., , .,." . • A man swore an oath of thrice divorce that he
es, ••• " •• " •••••• , •••••••

2] 1

wHI leave the place where he lives, Later, be

Ii

wanted to return. 1'sthis permissible?.. ,, • An angry man swore an oath of thrice divorce that his. pregnant wife should nor enter her aunt' s house, A flew g~ vingb ~ rth, she entered this house. Is divorce effected? Before his travel, ahusband swore 3U. oath of divorce that his wi fe shou 1. d not get OLIt of the house during 'his ab sence, but out of nece ssi ty .she went out. !s divorce effected? ,." ,' "." When a pregnant woman refuses to have intercourse whh her husband. and he swore an oath of divorce that he win not have intercourse
s."" ., •••• " •• ;.,., s I

",.211 .

,

.,."",212

21.2

with her after giving birth. What is the legal judgernentif he had intercourse wish her after
gi ving hi r~h?
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When a man swears an oath of divorce 110t to have intercourse with his wire 110rsix months,
what should. he do after the expiryof this period". 2 1.5

.. I

" Pending Divorce. ' '''" ,' ,,, , When a man swears an oath of divorce but he
kft lit pending, is it effected? "" ", ;." ..

2m5
".:H 5

. ~ When a man says to his wife: "You acre ·dhdce divorced" and he has the intention to, make it

pending, is divorce effected?
iii

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.216

Suraij Question

".,
·~.3

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• Is the Suraij Question true?'

!!

• Is it permissible to make at marriage contract in wh:ich divorce is stipulated? , ,. , , " ,.. " .. ".21.7 Lineage ,." ,.,.. , , ,.., ., , ,.., ,."" 2: 18 . 0'1' pregnancy ;does this baby be long to'
her husbandr....
""H ••• ,"., •••.••.•• "" •••••• "", ,~ •••••
0' ,

• If a wife gave birth to a 'baby after sixmonths
218

~ Does the baby belong to the firsr husband if the
wifernarried another man after her 'waiting period is overv., , ".".,,,., " .0 •• ""., , •• " A man divorced his wife but a Mufti delivered him a fatwa that divorce is not effected. The man bad intercourse withhi s wife and she gave birth to a child, Was the chjld born our tlf adultery", The child belongs Ito the conjugal bed ,."
>.
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!!

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.221 222

• InvaUd marriage contracts ..,.T.'.'''' .~., , •• ,,, ", •.. ,., • When at woman g ives birth to a baby just two months after the marriage contract although the husband had not consummated marriage
Ii

,."

••••.•

223

with her, is such marriage valid? ,. " "Iddah (T,he W'aiting Peri.od) '"

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,

.224

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.226

iii

Is a woman's [claim that she no longer menstruates accepted and she gets married
,,.. ,226

accordi ng to jt? .. , " ,.;.. , ", ,,, , , When a judge abrogates a woman "smarriage and her husband wants. to, return to her, is she entitled to a, waiting' 'period? " ,.. , .• A woman was divorced after giving birth to si x chi ldren ..A fter divorce ~she did no t menstruate for six months .. Is it legal for
iii

227

..

her to marry another lna:n after this period? ., "." 228 • Wllf;n a" suckling woman has a medicine so that she maymenstruate and she has already menstruated thrice, does her waiting period come to an end? .. , ", , " 229 A sick man divorces his 'wife but later denied that he had done so .. Days bIter he died. Is the wife entitled to a death or divorce waiting period'r.; .. 230 Is a. woman enti tled rc spend a death waiting period algain ]f she di d not spend it in her house'?' '.. '., , ,.23 [ • Is it permissible to engage at woman who spent just forty days out of the waiting 'period of her late husband? .. ,+ ••••• " •.• "" ." ••• "'•••••• , ••••••••.•••••.••••• 23 t
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m.nrendedto. perform pilgrimage wid! her husband.jnn he died before travel, is it permi 5S ible for her to perfo nn p ilgrimage? .. ,... .232Suckling nhe baby 233 When two sisters suckle the daughters of each other ~is it prohibited for these daughters to marry ~Jhe.i.r cousins'L.., .. " , ,,.. ,.. ".. ,., ,.. 233 Two men were suckled by the same woman, then one of them got married and he had a. girl .. Is it permissible for the other man to 'marry this girl? '" .," '" , , , .,. , .. .... . '" , .2.34 When a .g ilr~is suckled with her cousin! is it . penni ssi b Ie for him to marry her sister? , , .23:5 Iis ~[ permissi bIe' fOF [he son. of a suckling wo man to Ina-fry the daughter of rhe girl who was suckled by hi smother? 236 A man married two wives and a baby- was
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If awife

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suckled by one 'of the~ll, Th:~8man :had a daughter burn by. the second. wife. Now, is it permissible for the suckled person to marry Im]S daughter? .If they have ·already.go~, married,
is itpermi ssi ble for the judge to' separate

between them.?",.,.·.,.,.,., .. ,., , ".,.'. • If :3J man was not seckled by the rna mer' of a a' neirhe 'ol' was she i~UICII"'·l·e'·;~ _Y '~~""'Imother ~. .. zirl ~ r.. . l!I bv ~J.1..a .. vu.[!;,,-.l
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236

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burtheir YOUl1ger brothers and·'sisters :, .

exchanged suct Ul1g· fromboth mothers. is it
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p:roih:~ited for this nmn to :ll1a1lrry til is g rnr~7. "..'" b When one of two sisters is suckled with-a boy

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is it penni ssible for him I~O marry the second sister? ....,.,.,...I,·, ••.•• ' , •., I, • " •.•.••.•.••••. " ., ~., , ,. " .. When a boy is suckled with a;girl, is it

a ,. , ., •. a , ., ,. + a , .•

.2.39

permi SSt ble for h~s brother to marry her s:]ste 1'1,.,... I;' .. 239 .' When a g~.r]is suckled by her: aunt, is it . permi ssi hle for 'Ile 'aunt ~ grandson "to"marry s
Ii

b .."::e tween
c'

t]l.l s .g ~r]?',..,..,... ...., .., ,.,.,.., .," .,,..,...,,.., .,...,,.', .: , , , When (1. mother denied th8Jt she suckled a girl . married by her: son, is if permissible moseparate
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240

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After a, man got married and had 111.auy icl1:i~,d:renJ he was told that his wife was suckled by his
motherv Whar is the: legal judg

mem on
_ .••

:.,; ,..'"'. .. 242 ., Ifa man was suckled by a womanwhen he w~s"''. . a baby and this wOim~n has daughters younger
;1 ••.•.• "' , ,;, •• , "' '" .:: •. : .• '" ' "' " •.

this matter

"' "' : ~

. than him, is it permissible for him to marry
.a]],:~t of t~lelmi?""""""""","""""",,!,,,,
Ui

,•..,., •. ,•• .,.' ,...,.., .•... ,......243

III

Is i~ permissible for at man tomarry a girl ow 110 was suckled witThlhis b rother". ... "',.. '" "... '" '.". ,.244 . ... .... '" A man used hls wife 's milk in 'wa&h~rllig his
eyes and anothersuckledmilk from his wife. Do their wives become prohibited "t.". '..,.,.',..."',',,., .,,",.,".,.".. ,245 ,., A boy 'was suckled by a wQman~a,nd ~en years later, she gave birth to a girl ~is irpermi5s'~ hie for him to, marry this ,glrl'?,.,., '.' ,' ' ,.,."..,"",. ,.246 . . When. a boy is suck ~ed by a girl ~ mother and So ]a~erthis boy di:~d, is n pennissib le for his b 'Il,er 00 .fllan:y I't gu,' 'I? "'.. " 2'41 orot uHS ,-, , , ,." , ,• A boy 'was suckled by the wife of his uncle whenhe 'was mo re than two years 01 d) is it permissible for bim to marry her daughter? .,""" " .. 247 !!!\Vbel1 a woman keeps her breast away from a baby once he starts suckling" is it permissible for him, once he is 01d~ to marrythis
Iii
,j, •
,'c

woman ~ d au',~lJ!J. _"'" .~" '. ,." '•••• CiF'lht'¢'I"? "y
to' 'L.l".l,~~' __ .~ .;:. " ~:,

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,.,. '" ,•• , •• ,•• ,.'.

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!!

!!

Alimony. _,_"., '.......'"'" '.".,",... ..... ,.,... '. +" - •• ,., -. '_".,. ,_., -" •• ' ,.248 ..;.. _"," . "',.,, , ,.. A man di vorced his wife' thrice and hehas a girl
++

who is still suckled.is he, entitledto pay alimony, '"....248 , • 'When awoman needs money, does she take rn~: f'("'I)]'1I 2,,1-'9 £-1"'0-]11-- her husband '0·' r ",v'''~ her dowry? W~u-, tII. ',,, ,JI~,",,";,;JI1~~~ILI,,-__',_ f:' ,1111...0-, '_l.J!,.-, . ~ •• ·•• ,.''' •• '.'',.'''.''"11.'' •• ,-.

• 'W.h.enawoman disob eys her husband ~is he still ell tit lied to support her with ID'noneyand, clothes? ,..... .2.5'0
1,

• When a man leaves his wife for awhole year and, does 110t support he r wi rh money ~ i.s i~

permiss ible for her to marry another roan to support her? .... +., ...' "+, ,
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11

~ After a man had married a woman" he left her for a. whole year and trave ~edto his country. He did not. send hermoney ~is it permissible for the wife's father to abrogate the marriage'i.; '..'..,.,,, '. ,252
• W'hen a wife travels with her father without
il'" uwem ) ·S? ru mugconcenl1n;g ~ir-I ,-if"),.. , ,....•. '...•.. '..,.' ,.. '.. " ..•..... '._ .. __ .' A wife's family asked. the husband ro provide ," "'-[":"1c"
,.' ," ',' .', "~

her husband's penni ssion, what is the Iegal
='

her with the clothes sufficient for a year and they have already obtained rhem, Then they

demanded for money and said that they will support her. Is this act permissib I,e?, ,.,., • When a man is imprisoned because be did not settle his wire's financial support and provide

, 253

her with the necessary clothes, is it permissible
for her to demand for support during his imprisonment? ..,
i •••••••• " ••••••••• '•" ,. , ••••• '••• " •••• ' ••• , •••

255

.' If a wife was of no avail to her husband for

two' years 'because of her illne ss,' doe s she deserve financial SulP)] art":" .. , '...• , ,<, •• • When a man divorceshi s wife while she is
a , •• , , '•••••

" •••

"'

" •••

,256

pregnant .butlater she was aborted , does
", "," ", . "" .. Is the husband entitled to pay me waiting 'period alimony to his wife if she did no~ spend. it at the place be had determined
'Il-. Sue ..:II .~'". i.Jese't'v,eaumony? '1 •..,.. , .. '

2'5-6 "., •~'.' '}

for this purpose?" ,., ' '..,., '.. ' " .." , • Is it permissible for the husband to ask his 'wife to give him the cost of supporting her child who belongs to a former husband? ."
-s s ,.,", •••

257

, , ••••••••••

257

18

!I!

Isa rich son entiued to support his old father, his wifeand brothers'? , ,_,., ., " 258 .. .• Isit permissible to give one's relatives out of one's Zaka:h and Kaffarah? " ", "" "' ".".. ,,259 What is the legal ruling on giving charity to
oe ••

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needy relatives?
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.25'9

Nursing the baby." " ", , , , ,., . ,., ,., ,.., 259 . • Who is to nurse thebaby? When is i~ permissible

for rhe uursing mother to demand for
financial support? ", , '··"i ••••••••• , ••••.•• ,., ,., .•.• , •••• ,. Wl~elf1JJ.mother takes her child and agrees with a 'Ik.-, .~.~elformer lu isbamd th .ar she "·'1'.11: supp 0'1·t their U<iJl.... . ,child, but later she, demanded fer financial
].V.l
l ~.' !j,.;.::In

,.,.,

,.259

·W'"· .

':>""'.1;"

v.!...

_ .._.=

support, is i:rpermi.~s:jbl.e?"., .. ,.,., .. ,.".",.",., ., Is rut permi ssi ble for a father to oblige his son to travel 0 ver sees, without the SOil ,.8
or mother's consent? , " ,..,
I~O

+a

• " > ••

,

,,260

"..,

.,.",

,," .261 .;.

-Does

the- stepfather have [he right

put the
, .262 ,263 264

daughter of his. w'~ from another husband fe under his CUSI!t.O (I,.y? , .•.•• , , , , , ,., , .,,., ...•.. , ..,
!II

What abour the son ·Pl1[· under thecustody of 11[8 mother", .,.,." "." ".,.,.. +, ,.., ,."+" .,. ,.,.,.,
e .., ,.,".,.,.,

,.,.,. ,." ,." ." •.,

" Clarification and
'Ii

Crimes and Penalties

Comment

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,.,,..,.,..,.,.,,.,."...;.".., ,'" ,..,.,., ,.,.,'26,5' , ,. ,. ,

,

, ,.'"

,. UnrnFllte[nnt:lona[and premeditated murder 265 .. Whena group' of people conspired to murder a person but just one of them performed the plot, will theybe killed all or just the murderer? .... ,267 ,. Whena man beats another and later the beaten person falls dead, what is the legal judgment

in this case? .. " , ,..,.,., ,.. ,." , '"'".. '".'", " ,.'" The penalty of ad1Jl~erY.""""'f". ,.. '. If the adulterer repented before due penalty is afflicted, is penalty canceled? , , ,.,., "'"" . 1·00 ihe 'Viciousness of sins and the penalty
II e a ••.• " •••• , •.••••• , ,••.••.•

'"."'

;,.26,8, .268: 268

of (l.d,uIteryincrease in the blessed daysr.,
I. I.

ae ,.

'·f • , •• " • +

,269-

The: penalty of defaming peop I.e "'" '.+ • , ••• '••• '. '" •• ,••• 269 When a. man and. 'his divorced wife defame his present wife and accuse her of adumre:~y , is their claim accepted? Is the dowry of the present wife canceled ?' , ;..•••• , •• ,.•., .' ,.•.. 269

I.
,Ii
I!!

Having hashtsh .. ,,", " "..,., , ..,..'''". , "'., " ".27]. Masmrbarlon.. '..'., , , , , ,,.., ,.,.,.. ,."., 27'1 Isma stnrbation prohi bitedl for men and ·warne·n..a.m.1·te?' .•..•... " . , ;,.•..... '..•• , •. " "•.... '..,. '" " .. '" 2'7 ~

Translator's

Note

Praise be to' Allah, the Lord. of tile Worlds. Blessings and peace be upon our leader Muhammad, his family, his companions and. those who follow his guidance untH the
day ofjudgement.

Two major responsibility

elements drove me to shoulder the of introducing a pubhcation of such an: imminent Imam Like Ibn Taymyah to those who learn Islam from English. luerature. 11].(:; irsr is the author who, f undoubtedly ~ needs 'no.word that may anempt to crystallize his stance among oilier jurists, be they of his time or any other generation or place.

The second is the subject itself which grasps the interest of the people all. any time. Asman, woman enjoys an equal share as to rights responsibilities and. duties, all of which are best suiu ng he r nature. Since seienee confirmed that WOIIIan is created with so many differences in her biological nature, physical capabilities and mental faculties, it would be unfair' to assign her the same responsibilities, duties, and rjghts as man.
J

In

other words. there is a difference between sameness

As man and woman are not the same in terms of biological nature, physical capabilines and mensal facutnes, so they are not the same and :it would be injustice to deal with both the same. But '[.0 put into
consideration this
21

and equality.

di fference o f nature is rega rde d as rhe core of j ustice and equality, [he methodology adopted by Islam, the religion of the Creator of both man and woman, As to Translation process, two things are considered. The
first is the style which is free from literal translation which

might lead Ito many misunderstaadings o:n the part of reader especially when dealing with a. classic style like that
of Ibn Taymyah,

The second is the type of tile fatwa, The source book comprises. so many subjects that mostly concern. man
rather than woman. So the focus was centered on Fatwas which are contined to woman along with others that might appear to' be interesting to woman,

We pray 'to Allah, the Exalted. ~ to keep us on the right path
to which He has guided us, and to bestow on us a blessing

fr01TI Him, He is indeed the Most Merciful. Praise and gratitude be to Allah, the Lord of the worlds, and peace and blessings be upon prophet Muhanunad, his. family! his.
companions, and those who rightly follow them,

22

Purltlcati.on Altered wHiter because of its being in a place for' a Ioag.time
Q: What is the judgement of water if it.s color or' taste is altered, because of being in a place for a long period except ifS adore?

A:: Asm water being altered because of its beingin a p lace for a long period, it is considered pure according to. the ",' ·~'·"'···"· , SC orars, '" S :t',,; the """-i",unmng .' 'N:'·':,]· :':1= .A··:': ILlO "e 1 maj onry vtew 0..f' scholars , '.ru l ~ ie altered because of imparity mixed with it" i~ :rnsimpure, But if mixed, with pure and impure elements and, there is doubt as [LO 'whether ir.ispure or not. doubt is not suffic:went basis - to regard it as impure. In general seas don ~ change t . because of these elements but if mere :ls a certainty that It
> OJ.

is changed
,_:_. -,~

by impure elements,

it
......

,ws.

impure.

Bur if
views ~,
.. ;;)

chanae ...l bvmrre 11 ~~I5'U ILl.! r..u"
ar e

q'~""{'l..ted here ~,V''''~
I.:'

ele... ment ....'.....,~ s···'I"iJ.,.,!3I'l the
U"h, ..L ,

two" L·.

traditional _-,~~,~ __ .,,'!4,

__!_,

.J~~i:J!~'F.

Men, and women having Gbuid (purine,a,tory

bath) from the same container
23

Q: Whar about men and women having path from the same container? A: There Is no difference of opinion .among jurists as [0 the permissibility of .suchaction .. Had it been. the case, it is worthier Ito allow nU:!:I1 and women to have paih from one container .respectively, And anyone dislikes sharing Ghusl with another, from the .same container or to seek another bath ito complete purification, is against the majority view,

'*
Copper utensils inlayed with silver .
"

''-'''-' ilaved ,31 _out Q ..""h"'" abo copper utens l S una ye,
• WI:
r-r-

",:,C'-"j'"

,:'I!,., r'·]" W l ~~~,

su vet.
I __

r~,

A:, Asto utensils inlayedwith silver or its like, no harm if -sHver is I~tUep['()v ~dedthat needed and nor of direc [ 1t] SIt;'. But 'if sifveris too much there are' two, views aecurding '[0 Alshafei 'and Ahmad, 'if silver 1Sused for beautification and rings , it is permissible. 'to utensils inlayed with gold. it is prohibited be H 'hrtle or much, .
j'

As

There

'i s a difference of opinion among the companions of ,l1namAh]l1ad. as to the permissibil ity of performing ,
ablution utensils. and purifacatory bath from gold and silver This difference is. based on the rule' of an things

w hose observance '~s0b ligarory whi le there are restricrio n s 0'11 seeking the' permissibility UkC~'performing 'prayer in usurped land and prohibited <clothes and performing
pilgrimage
with unlawful money.
24

As to the matter

in

question ~ there are two opuuoas according '~O the companions 'Qf Imam .Ahmed. , The ,firs:~· is . _tat, .it .is ~ien11Jis ib~e .which is ..the. opinion of Alkharq i and, others .. s~ The second is, ifuafw[ not permissible, which ~h~ opinion.
A' 0..:

r

'b>' ,'a~r. 1 B"~lr

is

,

.

The' supporters of the first view drew two d:~ffere]lce's':tQ SM,p'pon' their view ~tl1;e tlrs~ is that prohlbi tion here separated trom worship where the utensil is separated from . the element of ablution which is' . different ft'emrn the one' 'who :iswearitl,g the prohibited or ea tinI{ j m or setting on, n. In such case, 'he is Iike one going to perfo rna, Frida y prayer using usurped ·means,. ',

is

Ot~h.e:rs deemed [his difference .\-\leak sa ying ~hat no difference cail;l~!'lbe: c:~,aime;d, between put~rn the hand, in' l1g the: utensil or ladling with hands from it, and tile prophet (may peace be upon him) ·said that the 'B:~ of the drinker ]]y
from

Tille second if~l:ro'hi.bit]:ijli touches the pillars and~.conditions : tt:' ', . of prayers thepfohibi~icillm s considered otherwise it will
'l"

gold and silver utensils is gargling with theheU fire,

not affect its validity

i

'Ci,l'cumc~isim.lof' women,
!Q: 'What nle rule of circumcision of women?
C'1'"l'o"'~~,,:R' observed . 'to'_. ·W'.:.,'.·".!L'.ClJ.i',,, be · .. ci-·_li-¥·~·· :_"_'_'. ;;_,_ " 0,"']'l1]<'"!I,iil Circumci sion for woman consists of remov ing the prepuce
~.~,

A.

.~!:".1 it'

.,...

....

11'1'iiQ._.[~ an

~dL.'L?,J..!".,

...ircum

'C'I",,,,']'n,,,,, .. ra .. ul.lIJ.l

:~.JI!·:, ly\W.U,

.,

.

from the clitoris (not the cliteris i'rself~as some mistakenly assert). In this regard _'~e prophet (may peace be: upon him) said: "Do it (circumcision) miJd,ly without extreme, for it 'is healthy for both man and woman" This hadith -maintains itiha~ circumcision is meant only to make woman be' able to control her lust, so it should be moderate without extreme. As to the circumcision of man, it consists of removing, the prepuce from the, peni s to clean the filth. that might gather in it.
• I• •

W~ping over the head cover
Q':: ,Wbal, about wiping the head cover? wipe over the veil, n was r-eported that Urn Salamah was used to wipe over her veil. She should wipe some of here hair along with the veil, But if there is no need to wipe . over the veil, the scholars differ in such case,
* A:' Praise be to Allah, if there is any fear cold. she could

Touching women
Q:: Does touching women nullify ablution o:r not?

A,: there are three views as to' touching women.
The first which is the view of Imam Al-Shafie, which is regarded as the weakest, who maintains that ablutin 111 ] is
I'"

,26

nullified by touching women even if they touch. without sexual desire :if~he one of ®heopposite sex evokes sexual de sire. Thj s view' .~ based. on [be Ouranie verse. that reads: s "011' :ye 'have: been ill eOlltn(.iwi·thw'Onle'l1J'~
The

second

view
=

ai~lution e ven if _I!J! _ _.... ,_ __ ~

sex ual desi re I" s ev oked Ii.l!!. ,11& u"
., " _!1;,1!"""
!,) -" .. .. "",,, .,

holds that touching

view-,"_..'.'o-fl "w. ,:,~ ~,. -"':_.-.' 1I'J"n'II

-]"I4i A·' ."' ,J"IIQ.~,,J,,.._I, ,:_...

~']-11 -Wl_I~~_ .. :..._+

a'd-

nullify T'I:il:'~ V Le.,:,'.' .j;jl.". ,~ILl W[iLl I.-_~ ~e
i(' ". ~ ..~.f',

doesn't

The ~hrnrd,~which is the view of Imam Malik, is that if

'touching

is for the sake of sexual desire ", ablntion is

mrllitied otherwise abl ution stil~ val] d, As~Q. the view that holds ablution nullified by the act of touching aWQlua:n it is against the consensus of
'j

companions andno text or Qias (analogical deduction) may support thi s view. ,As to the: verse that re-ads: "or ye have been ln contact with woolen,",

[hait.

Umar said that if touching' means touching with the hand or ,td$ltS,rull,~! it refers to [olLWcb ing for the sakeof sexual desire like what is, indicated in the following verse: ~~but don'~' as~c:iatew.ith y,our wives while' ye areln

reh'C8'IEe in, the mosques.' A ppt:n~ctJJ,h']:g women without se x lI1a1, desire j s ' not prohibited while approaching women in the mosque. TIle same also applied to the fonow'hli verse:
•• 1... o

u t.-;.Jil Y"" .~J. ~.~,. ~L
-

.Jl;'I'V""'I·€Ii"", IUltJ,·.....,(jll· I~~' ,

t·_

"There

is nn blame

-h;::>'1;'1")'~.'D;"'~r- '" -.:.-v1ir;'nil:!I'iUIDm'... atlen" c ;i' ar , U iO~I~:_ _ ~v,' ;" "lAI 41n ye :if' divorce w,omerlbet:On~::
~~._~';0:;;

;Il~

l

'i

:.

.

consunnuatlon" . According to tl:lemajlority view of scholarsit he divorces.
his 'wife before

waiting period,

he approaches her with sexual desire, no dower or the prohibition mat based on

rem;rutiollcShip.,Bum;if 11e approaches her with sexual desireall'd. practices marriage relationships, the matter is diften~;nt and there is di fferenee of OIY~nruon among juri sts in marriage

the school of Imam Arnad.
In Iighr of the foregoing ve rse s and the explanation 'regarding the word contacting, Ute view 'mat claims touching in the verse '~'or ye have! been in contact wi:t~h
~ II!i;._ .

women'

dlesire contradicts the references imbedded in the Quran and goes against its meaning in the general language of the peop ~e,
refer",t,......
L:

r~

LV

'tOI'I~",fE..'~'r'C!!'nJi-"t.,o: ~'lij.fIij,i._,.. uil:-"""Y'l~19'1 1i3~A.~l'IJ\
~_'_'!JJ~,\:..-,W,J.lIUIJ.J.~ 1l~

J

__

._-

__

'

~,""-Ii;",.,

The jurists are

agreed that it is forbidden, to touch tilrl,€'; Qeran while one is in a state of impurity. He derives his support from ;1, luullth In. the two S ahihs in which it is. stated that The Prophet (peace: 'be upon him) sent a letter to ,A11I1rwbnHazm in 'which he said: "Theboly Quran is to be

an

touched on].Y by pure person". This is. the v jew; of Sulaiman Al-Faresey and Abd ullah bin Umar and all

companions ..

Carrying the 8'01y Quran
'Q: What abour carrying the: holy 'QuraLW1in me state of
hTII]Jur ]ty?

A::

:~tshould

be carried shrouded

witil any thhlg like

clothes or the lite, beit confined to manor 'not

ReadID~:the

Qwt'lan

duringpuerperlum

(,Nifas)

Q!,:Wha~, about a woman in puerperium: is she allowed to read the Qur' :BJ,nwhile ill confinement? Is sbeallowe d to engage in sexual intercourse before the forty day s are over? If the 'lorry days are over but the woman has not ··eed ,0 ', -",' ' per rormea tl ··~·--'I'!I'·I$;"t""·'~-,b-, Y th isshe s 'l"]·-wen ,t, .... engage ne PILU,mcater WS, s, e a ,,0 ....
- "I-~' ---..:~: 'I~ ],'

w:_nse,KI!J2l!1 Intercourse?

..

A: The tour scho lars unanimously agreed thar it ] s unlawfu ~ for a woman to en~a~e in sexual intern curse
before the bleeding stops. If the bleeding stops before the forty days are over, she is to perform the puri fica tory bath and pray. However), her husband. is Dot allowedte copulate with her before the forty days are over. As for reading the Qnr'an, if she: does not fear for,gelttil1g the verses shememorized, she is nor to read the Qur 'an.
····'. ..... ·;f··~ ....1' . . .,:t ....' ~ea~. " , .. "' .. :lr-t" .' tnem, sue "II nweu .'.'. . . '. , However,, 1. sne noes fear '1;'.oLg-e~ln~ ~'I-,'. '.,1'" ... 18 iihlowe to read. tbe Our' au]." according to' some of the scholars, Itis unsnimousl y agreed that when the bleeding stops and the woman performs the purificatory bath '" she: can read the
0' ~I

If she cannot perform the puri ficatory barth due to the absence ofwaier Of on account ot some
I'

Qur Bin and. pray.

disease ~ she 'is toperform the dry ablutioni nstead which ]s equivalent to tne purific atory bath.

Prayer Jl\Ilak1ng: p missed prayers u
Q: Should a man who missed many prayers make chen] up along w~ their optional (Suunnh) 'p rayers, 0 r ~ he [0 th s make up the obligatory prayers, only ? And are they [0 be

made up any rime of the day? A: Immediacy ill making up missed prayers is more important than occupying oneself w~ttlmating up optional
prayers,
Yet, if the prayers missed are few in number, making up optional prayers is recommended.

'When '[he Prophet. peace and blessings be upon him and his companions overslept and [Hissed the dawn(Fajr) prayer, during Hunain battle, they made up the obligatory and optional prayer, and when he missed the prayer during the trench battle, he made tIIP' n~y the obligatory prayers o and not the optional ones. Missed prayers can be' made up any time of day. The Prophet, peace and blessings be upon him, says: lI~rhoeve,r ODds one rak'ah (unit) at dawn befol"e the rising of' the SUD" 'he 1'0 fact rm ds the dawn

prayer.

II

30

Is making up missed prayer better Than performing optional prayer ?
Q: wh.weh
is better, making performing optional prayers ? up 'missed prayers or

A: If a man has missed. an obligatory prayer, making it up is more important than occupying oneself with performmg optional prayers,

Woman,"s: ornament
What about a woman' s .OUUil and whether she ts allowed to display it? A.: In prayer, a woman is allowed to disp,lay outward, but
not inward, ornaments, The predecessors had, disagreed as to what outward. ornament is. Ibn Masoud and his supporters stated. ir was clothes, whereas Ibn Abass and his snpporte rs mentioned it was the face and the hand s sud')

Q:,

as the 'kohl (eye liner) and rings.
Based on the se two view s, scho lars di sagreed whether ]t is. allowed to look at a sttang'fwonmn. According. to Abu Haneifa and Ashafe ei, dri vent. y no sexual appeti te, a loon is allowed to look at a woman's hands and face.
II

:u
';':

considered pnvate

to Ahmad s view a man is not a~1 owed to. According toMa]Jek..~, the:wbolebody of a woman ts According
I

parts,!,

i·:wght·dowf[to 11e'r: nails.

[Th' e cone, USlon ,.: "'1'"
are of two type's; outward ,and h~,ward" Allah , has allowed, a woman to displayher ornaments [0 people
oth 'e'l' ti' 'h 'In·iI.4..c.1· vu. ,,," lIlJ"",,=,
1~]J,y",

Ornaments

'Il~ 1 t!,.!.,;;I.

~b'"'~r"I,11,~ '11,Ai '['1-'..... , nroh ~b' iboU. (:. , " . '['J' "'" "'. , ited "If:fj-I''I1II1' ,,,-, '" ~~~,J,l!!, , lII!., ;~'ri-!Ir" ,_1.h.
,g
,W

Before [he 'verse . obligating a woman eo take. the: veil was. re;ve:aled~wom_en,used togo out wearing no outer garments l!Jab) and men wer-e able to see thewJ hands and faces, sincea woman was ~~ lowed to show' both 'her hands and face then, Consequently, mt was not unlawful for a man to look at them as she 'was allowed to display them.

vi

When Allah, exaltedbe He, revealed the verse <?~;digatjn~ a woman to take the veil, "O Pro'pbet ! TeU thy,\vlves and. daughters, and file beUevimg women, that t~ey should
C3'St. t'lle:iil"· olJ.terg;m~l.eH.ts ' "Over ·(beb.~. 'perSOIlS' (when nbro9:d) '~~(A 1 Afuzaib::' ,:5 9) ~ women became forb idden to' look at That was when the Prophet married Zaynab bent Gab 511, be drew curtains and forbade womento be' looked at. Wh.enh.e married Safeya bent Hoiay, a. year Iarervi.e. in the yeafw'~l,en me battte of Khaibar took: place, peopte

said: Ifhe forbade that: she be looked. at, she would be. one of 'the mothers of ~~e: believers, otherwise shewould be
one of those: whom, his right hand possesses. tJhal she be veiled,
So 'be ordered

Allah ordered that women be not asked questions except
from behind. a veil, and ordered that the Prophet' s wives and daughters as well as [be believing women should cast their outer garments over their persons" This outer garment or jilbab is a sheet of cloth or what Ibn Masoud aed others refer to as raiment, and 'which generally referred to by people as loincloth. that is the large loincloth covering her head. and her whole body.

is

Abu Obayda and others narrated that women used to hang it down on their heads so that only their eyes cou ld he seen. Similarly, women who used to cover their faces. According to the authentic book, "And the Muhrill!O (a

woman in the state of .lhram [sanctity] ) should not cover her face, and should not wear gloves.' So, if women are ordered to wear the ourergarment (jilbab) ~ which entails covering the face, the face and the hands are therefore understood to be among ~heornaments that she is ordered not to display before strangers, In addition to that, strangers are allowed to look at all else with t-he exception
of outside clothes. mentioned the latter, whereas Ibn Abass 'mentioned the former, The ve rse allows a woman ro display ornaments to herprohibited affinities and others, while the Prophet' s saying only permits it to the prohibited affinities. The verse mentions "tbeir wOID,e~~their slaves whom fbeir rjght hands possess, or male servants free
33

ThnMasoud

of :phy's~calneedn, though a woman tea vel with ~:ny of 'them,.
A,na'~ says"

IS

not allowed to

"their women" so as to exclude the disbelieving women, for a disbelieving woman is 110t to deliver a Muslim woman, nor to enter a bathroom with her. However, Jewish women used to walk in on A,irusila and others and, they saw her face and hands, which men were not. al ~owed,to see, Thus, the face ;lOG hands are understood to be among the inward omaments and disp laying them would depend elf] who is to see them. Allah says" "they should cast their outer garnlents over .tb.eir persons (when abroad) II, meaning a woman is to' cover her neck, and so necklaces and the like are consideredto be among the inward and not the outward ornaments,

Concealingwomen's p,riv.ate parts 'from m·en
and women
Q:: Wha[ about concealing women' s pri vate])arts from men and women. '?' A: Allah s Prophet ~pealce and blessings be uponhi m, said. uA man should not see the pr.i.va!epat·tg OfilD<othe'r man, and a woman siu:ndd not see the private parLIit of" 3II,(J·tber womam,. '"', He also said",! IConceal your priv.ate part.s: e·~cep:trr~m your wife and. from whom. YOll1' light
i'

hand possesses

we

do),

(s];a.ve-g:irl) I tben as.ked: (what should if' the people are ,as.'rembled], mg't~'fher?' He
t

replied, If it~i~ "Ullin your pOiW'eI~Ula:t :00 one: lool~s:at it, then DO one sheuld lookat It. I then askedr If one 'of us is ,alOitle' (wl1at should he do) ''! He replied, Allah i_s more. endtled 'than llfop1e that bashfulness should be seento Him, ii

Concerning, children, the Prophet

your children to 11ray when tbey heceme seven years old and beat them f'oll' it (Ilf,ayer) when they heeense ten years old;· 'mid arrang~ their beds (m ,sl,e~:p)sep,M",ntely ." Thus, looking at as 'we'[] as tuu.cl!iin~ the: private parts of others is forbidden on account of the obscenity and, indecency of
sUlid;llnCOW.HUDld

that.

fOor eoncealmg women from men, thl s s on account of the libido involved and this f(IUS into two catezories. -There ]s yet a th rd category to be 0bservedi n prayer; ]f a
As
m m

woman prays alone, she mustwear a vernl~wh,ere~.s she: is u. ".' b ... - -- eo -~ ome, . - Ii'·.ll .. auowead 't···· "', alk ,.a.n;~'~, htea ·d-···d· at home TJ--lUS~ 'L(1I.!rd,f]g "[he _0 wa :.'1 ,', . prayer 1S out 01. re,e,~·ence to ,._~ a 'I1 , . f' V" '" ." I' A'II'I .. vern]during
"'.'j'
. . - .. -.-.~r..".._.-'~. -.

not: allo wed to wal k around, his hOH Sf: naked~e-ven if he: is alone and ,a~; night, nor to pray naked, eveu If he :is alone, Therefore, wearing clothes. during prayer is not. to conceal oneself f['OID people as this is an
IS

Likew ise~ man

entirely di fferent jnatter Hence, a man can cover certai n pans of his body wh,~]!epraying which he is allowed trJ

leave uncovered when not praying.

Conversely, he is allowed to leave uncovered in prayer what he must conceal from men. The former refers to the shoulders, for instance, as the Prophet, peace and

b~ess~ngs 'be- upon him, forbade a man to pray in a single uncover his shoulders before other men. when. not praying.
garment that does not cover his shoulders, This is a. must OU~ of reverence to prayer! whereas man is allowed to

Similarly, a woman must. wear a veil while praying as the Prophet" peace and blessings be upon him, said, Allah does not accept the prayer of a woman who 118:8 reached puberty unless she wears. a veil." However, a woman does not have 'to wear:3l, veit before iher husband or her prohibited affinities. A woman is allowed to display her inward ornaments before them; but is not allowed, ro uncover her head before them or any others while praying,
III

SbowloU; the face, the bands" and the

feet before strangers
On the otherhand, a worn/an is not allowed to display her face, hands and 'feet before strangers, accordmg to the most valid. of ~he two opinions " unl ike what wa s loU owed before the verse .was nulsified by Allah" Sh,e is only to display her clothes. However, she is not to cover them, during prayer, as all Muslims unanimously agree" They can be displayed. in prayer according to me majority of

scholars, such as Abu Haneifa, Asbafei and others,
Likewise, displayed, according '~O Abu Haneifa, the feet can be wb:kh is the opinion most likelyto be correct. According to A'isha, the feet are among the outward

ornaments, she :sa'td,,'t that they should not dis,play their beauty and omaments except what (must ordinar~]y) appear thereof "It (AI Nur: 31) She also said, "The toe rimg is a ri.n,g made of' :"dlver for the toes. II Narrated by
Abu Hatem"which proves that women used to show the-ir feet, ~beirhands and faces and they also 'Used to hang down their garments so that if a woman walks her feet could be seen, Women did not use to wear shoes and so covering their feet in prayer would be an enormous inconvenience. A woman can pray ~n a shift that reaches down and C(~,-,eTS ~op of her feet" so that if she the kneels down in prostration; the sole of her feet could be seen,
~I

Om Salamah said,

rnconc I· nsion:

It was pro ved both by the Qur'an and by the unanimi ty of scholars that a woman does not have to. wear a loose garment that covers her body even if she prays at horne. However ~ she' 'must wear it when she goes out. When she prays at. home, 'her hands and face can be seen, as the .. '~ I . private parts in prayer are not relate d to that prrvate parts prohibited to be, looked at"

37

may Allah be pleased with him, said that outward ornaments are clothes. However, he did not say that the entire 'body of the woman is considered private .parts, rrnght dO'wn to her nails. This is rather the 'Opinion of Ahmad, So, this is a must for the validity of prayer. Scholars e,a.U this (The chapter on covering the pri vate parts). This is not ito quote the Prophet, Likewise, neither

Ibn Masoud,

the. Qur' an nor the: tradalon of the Prophet refer to the fact "U.1:2l!.[ w hat we cover in prayer :i s considered pr ~ vate parts, Allah. the Almighty ~ says, 'I'f 0 the children of Allan}:! lVe:ar your beautitul apparel at everytlme and plaee OJf ,prayer'''., (A] A 'raf: '3,1) The Prophet forbade man to walk around bis house jnaked, which, 'Of necessity ~applies to prayer.

Does a woman haveto covel' her hands ill prayer?
Ordering women It.O cover jheir hands in prayer is far .. fetched, When a, woman kneels, down in prustratien, she kneels down with 'her face and her hands as well. In the days when the Prophet, peace and blessings be: upon him, Iived ~ women used to wear garments, The y used Ito work in their garments. Thus a women would show her hands

'I

when grinding seeds" kneading bread and 'baking it. Had covering the- hands been a must in prayer, the Prophe t ..,..would have stated so. The same thing applies to the feet.

However,

a woman is only ordered to-wear a veil together with tllegannent. Hence" women used. topray ill their garments 3111lJcJ veils. As for thegannent that the woman
used. to~et down, she asked the Prophet, peace and

blessing's be UpOf1 ·him., about it and. he s(lid~"A hand SPWl ~1'1 They asked, nWhat if i.t leaves - tlre~r' legs

uncovered?" He said, t!Thentbe and let them Dot Increase it. I'i

Iength of a forearm

The Prophet was also asked about the: woman who drags her garment behind 'her over dirty places, he: said, "'"What follows purffles it.." Yet, a 'woman does not wear such dragging shifts at home. Likewise, women [alter began to wear s1ipper s to. cover thei r legs wnen they went 0 ut, yet they never wore them. at home. That. s why (hey asked, UWbat if it leaves their legs uneovered?" Hence, the purpose wasta cover the leg, because if the garments were
I'

~uikle-h~gh"he leg could. be seen while walking,.. [ It has also been narrated that the Prophet sar d that if the woman had. no appropriate garment to' wear. she is to stay borne. Muslim women used to 'pray at h0J11e. yet (he Prophet, peace be upon him, said, "Do not .stop Allah's urumen s~aves from going to Allah' s mosques yet it is better for them to pray at heme, However, thewoman .was not ordered to cover he'll' feet with slippers or with socks. Nor was, she ordered to. cover 1 er hands 'wim gloves or anything of the sort. This, in turn, proves that neither her fe-et:nor her bands are to. be covered. in prayer unless there are strange men a round ..
II

39

It was, also narrated, "The angels do not look at Inward ornamen.ts, So if a "roman takes off her veU 3Il.d he m garment."they do not look at her." Khadija once narrateu one of (be Prophe t ~s sayings on. this issue.

Therefore, a woman

is only ordered! to wear a veil when praying. Similarly, when aman prays in a loose shift, he is ordered. to cover his. private: parts and. shoulders. A
I "j'

nUH,}!' shoulders are considered equi valent tOW0J11an s s he: d' as,,',,'" man ','-,' , m a.". s'I:U, Ib O~. 'j'~"'" l··k·'· W'"'Ilen' ,.rn-, ",1 stare,,:.. ift -'. !.WJ.e ee. ,", ' .. ', ,', ,ea a prays ~. n

S'I'm" ilarly- " ~ ',., till•. ]',
Scho lars

woman is not
'':!II "

of sanctity (lhrQJtl:)~ a man is not to wear a shift, and a

tnan ~,,_.::.

to.
.;!t" ~i:J.

cover her face or wear gloves either,
n,"",~ CO· ,'uu.. ro
IL· .....

ver ~ ~~

his
1.1.~

'i"'e-'l,A ... I.JL .~rU

to Imam Ahmad s school differed concerning a. woman's face. Some said, lit is to be treated like it man s head and so is not to be covered. Othe rs maintained, a woman s face is equivalent to a mall ~ hands s and so must not be: covered with special face veils that
belonging
I I I

were tailored to ruts size ~which is, the opinion believed to be: most valid, as the Prophet, peace and blessings be upon finn" only forbade women to wear gloves and. face veils.

Women used to hang down on their faces pieces of cloth to cover them from men, without actually c~othi1i1JJg face the since her face is equivalent to her hands and to a man' S hands. As. previoesly mendoned, the: endre body of a,
'WORmn is considered private parts, Thus she is allowed to
'I

410

cover

her hands and face, but not using especially tailored

close-fining

clothes,

Likewise.,. a man

IS

not to 'we-ar

trousers butis towear a loincloth.

*
Q: Would woman'a prayer beinvalidated hair was uncovered during prayer?
it 0; .M..~
JL.

if some ofher

1Tf' on'-1" a smau par t' Ion of herh nair , "" '1Ih.. '" b dv .' , ··'1] " ..-,' .,.,y (). . er ri: 01 net loe) was

uncovered, she does not 'have to repeat the prayer, according to the majorjty of scholars, namely Abu Haneifa Bind Ahmad, Yet, if much. of her body or her. hair was uncovered, she is [0 repeat ~be prayer ~ according to an
scholars, the four Imams and others,

*
A.woman praying with the surface of' her foot uncovered
Q: Is a woman allowedto perform prayer wkb the surface of her foot uncovered?

41

A: This issue is debatable aI110ng scholars.Abu Haneita maintains that she can, though others believe otherwise.
'"
OJ-

Sewing s,ilk for men and women and

gettlng paid for it...
Q: What about pure silk: Is a tailor allowed to sew it for men? Win the money he will be paid for the job be unlawful? WTU he be condemned for it'? Are clothes not made of silk but decorated with i.~allowed to be sold? Is

silk aUowed to be sewn for women?
A: It is unlawful to sew silk into unlawful outfits such as pure silk outfits for men when i~ is not war time, and not for 'purposes of remedy, This would 'be regarded as raking part in sinning, which is similar to manufacturing gold and silver utensils, accordingto the most valid opinion among the majonty of scholars, This also applies to whatever involves photography. . result] ng, in ~ being unlaw ful to use. Again tltw s applies to ts
{he making of wine. Money paid wn return for unlawful doings are equally unlawful _ However, sewing' s:iU~. [Orr

whomever are allowed
lawt"u'l~ even
~f a

to

wear silk, such as women,
touches

]S

Similarly,

it during sewing. this applies to molding gold and silver into
railer

whatever is lawful to use.
Silk may be used in decorating men s clothes,
"I..

Likewise.

.t"

according to the Propheric tradition, it is allowed to edge outtits with silk stripes that are only five or six centimeters in width at most and the Prophet, peace be upon him had a jubbah edged wi[h silk,

Women's w'earin,g kafliebs
women allowed to wear kaffiehs? What are the cri teria r,e~ied on in judging women' s im itat~ng 111en! s wear? Should the criteria be based on the norms of the Prophet' s days or are they to vary according to varying ages? Q:Are A: Kaffiehs which do not cover the hair that. is hanging

*

';I~

·1·

*

down loose are among men' swear. So for women to wear them is to imitate men, 'Dressing this way may have beeu pioneered by women who meant to inn tate men, A slave women may wear her hair in a. single braid that hangs down between 'her shaul ders, letting down lock S 0 f hai r 'On both sides of her head, then wears a head! turban in
order to look like men. Though SOUle free women 111ay follow suit, they. in doing so, wrongfully imitate men, Authentic books ten run detail how the Prophet has cursed women who imitate men and men who imitare women, He

'was also narrated to have said, "Effemmate jnen are cursed, and so are women who Imitate men," The
Prophet also

A shafei ~•

men to be banished, Ahmad and others a sse ned that they are to

ordered effeminate

'b·••anished, . ... .....

.,

rna..nlg'~i"".'.1In··,'.IjJ·~.~:a.. j .~uu ~ mat ru:;;coru:~.ngto tne .' ropnenc ,d~" '!h.p m.,,· . ..

tradition ~ banmsbnrwent. is the; punishment for adultery and

effeminacy. According to Sabih Muslim, he said, tIll. have, not yet come across two categorles n:f .Muslims whow.ill be tortured ill. Hellufie: womell.who are dressed yet :nake.dJ." and w:bJo walk and strut with a. swiugingg,ait,th,ey shall not be:8 dmitJted into heaven, nor will '~hey ever !oome close to it·~, and men whow.aiI..karound widt whips: that look like tails of cows whel"ewit~ ·theylash Allah f S servants ..
i

He (may peace 'be upon hime) was narrated to have passed by Om Salamah' sand. saw her jying a 'band around her head, so be said ~ '!!!OOm Salamah ;,tie it only once not twice II.. He explained "women 'who are dressed. yet nated~i as women who wear garments that do not cover their bodies, They are hence dressed !,yet sitiUnaked .. Or , women who wear transparent eloehe s that show their
bodies or tight outfits that dt splay the curves of tl1!e"ll" bodies like their bottoms, 'their 3JrJllB and the sort, 'Women are :SUPP osed to wear 10 ose gowns that cover their bodies and do not display the size of their organs,

TIle criteria of imitatin,i the other sex
Hence: appears the cri~eliabased' on -which the Prophet, neace be ·1··~nO···Tl him forbade men. to imita :1... women" an :d·· te ..... ~v 1;JI.,t" !,-".!Ii"", . .v '.
QA.,....,

.

.

1.1.

..

...

'.,.

. .... ~...

.~=

.':

n

.'

women to imitate men, This has nothing to do with what men or women choose to wear or their habits of dressing, because had this been the ease, it would have been acceptable to have: a nation where men were accustomed to wearing veils. that cover their heads, faces. and. necks and gowns dl,a[ would bang down loosely from the:~rheads
downwards
displaying only tbe eyes

and wherewomen

were in the habit of wearing turbans and tight manly coats and, the like. However, this runs contrary to the Our 'an, the: Prophet! s sayings and the unanimously agreed upon
opinion.

Allah, exalted be He, says, addressing women, 'I'I·that, they
should .. draw tbeir veUs ever their bosoms, al1d ~lOt, display their beauty except to their hnsbands" He also says, "Tell thy wives and daugbtel's,; and the

beUevin.g: women,tJbat they Sbo.lddcasttbei:r outer' garments over thelr persons (when abroad): that Is most eonvenleat, that th.ey sheuld be known (and such) and not molested," Also "and make not a dazzling
display, like tbait of die f€H~lne:r times, of Ignorance:
1'1 .

Had .'the difference 'between 111en and women is 'wear been based on their habits and tastes, itwould not ha viebeen a must for them jo cast their outer garments over their persons, nor to draw their veils over their bosoms no r
I'

like that of the former times of Ignorance
were the habits of people then.
45

would it have been forbidden to "make a dazzling display,
I!'

since those:

nonarticular nutfit ;Q mad e o· 1-'!11'iQl',,!!,t-O'f" ._.li~~~~~_,I,;l the usual costume of the Prophet's days or the men andwoulerf swear· then; .so that none particular outfitwo!J~dbe: permissible.rwomen
Hl_:.0W_-_:··'e..ver. ,{, ."0"
ilW,
.It:""""I]"Iu...~~'UJ,.'IL, U!l.J_'~" ,~,~i,,_,,(_ ... __ ,·~

based on habits of
,~~",j_.i~_J'U'.

'but this

used jo wear gowns with behind them whereas men were ordered to wear only ankle-length outfits ~ ..
days
Thus, when

in those trains mat WOUJ'~:d :rr il fa

the Prophet forbade 111e'nto wear long outfits thatwou.ld bang down, he 'was asked I'!W~bat SbDU t wOID,ell1,']~f He sai d, "They are to wear ,g!arnl.en t.'iI th at
'j

would hang: (lown only a fewinehes ;,te: ... qual to the e span. of the 'band. II They said, "Their b~IS"tvo'Uld hence be showll.'r'~ He Said,,· "Tlren it ,sbtnlld be: an elland no .more, '-1;" -.'"'" 'Tit-, ,,)Ua!l.~s whv . W,llen. ~ar-., .... - trtlB ner gown ,---1']- rng ·t -n: • --I __ uy :-r-i .. ." WtH11en . tnu ~- til oenmo
,,,,'Ii
eo; ]--~--

her over filthY' places then. over ·,eean·pl aces, hergown is ]

immediately .madc clean, according 'to a host of scholars bel .; .. to·~_UIlJa\'u·rI"1 £C,10CL. . .ms tranmg gown. ts l{~US. A]' ... S 'IT' "T' ." n e.,on~ll1g I'f'e' sarded tilii.:!,rn .. Lii:li. ro the.... sim ilar th .. ·[are I.e ·"'o.··n·c't<'!lll--[- ~nl]uh.;.1i~ ,;:lL in .~g.. .. iCI,[1.. W]dl filth Bind. isthus made clean by rubbing· it agains chard surfaces ,;.j ust the sanle· way· that H quids are made c:1 eau since they .·1,.. I'r'h·....i'"'Il'Y1i~ t 'l;..'o·di~(:~,,",,!:~U;I filth u, · i:i r I)I_I~ .~V.H"",", ¥,!,~I,.n.~ l
II,.!I!.
<11("

11.'

IIl..H ..

ii'iiIr.A;:;' .:I[W,.u'Iooii.;!·

L,l,~,

Uo.

('!.

-,

j··-1,f'

~!b'

I~ . ""'

•.

'0'

]~j

11"1

'"'

i!r'lIi,j-·Cj,I"'··-rr·

,...jb

A pan .from that, ]f a woman wears trousers or 11,'Ij,g)eiJard

shoes over which a long loose garment hangs down in such a way that does nor display the size of her feet, this will have achieved the intended purpose. Conversely" soft close-fnting shoes that display the size of Ute feet are among Inen s wear ..
j

S'irml arl y , a women ~ allowed. to 'wear maol y coats and s furs if s11eneeds to in order to 'warm up in cold. weather. So if it is claimed that women then did not use 'to. wear 'furs, the answer will be that this depends on whether there is a need to. Cold countries call for thick clothing for warmth, which arenot required. in hot countries,
Thus, the difference between men and women's wear is based on what is fit for each of them and what will enable each of them to fulfill what they are commanded to do. W omen are commanded to take the veil and not to show

their beauty publicly.
They are thus not aUo'wed to call for prayer, to make devotional cans (talbiya), to go up the Safa and Marwa Mounts nor to undress in Ihram (the state of sanctity) the 'way .IDeO are commanded to,

However, since he needs [0 COYleI' 'his private parts and wear some clothes to walk around in, he is permitted to wear trousers. if he cannot find shifts and to 'wear shoes if he cannot find slippers.

the orher hand, is commanded to uncover his head and. 'HOI to 'wear conventional ligh~-fitt~!I1g ctothes, such as shirts, trousers, show'erlf'Obes nor shoes.
Man,
O~.
1

These are therefore alternatives to meet the general needin contrast to what man needs [0 meet some pri vate needs such aseoldweather or illness, case s ttJa,ltcall for paying a
ransom, That is why Abu Haneifa ruled out thws deduction and. many disagreed with it. depending 0 n the authentic
"

Pro:phe~;k~sayings and because: of the difference between b otn case s, .'~
"',,',
,".-._(.,"

',-

,",

Women's wearin'(J turbans Ie. .
Q: Is it unlawful for women to wear turbans? What kind

*

of mrbans are women recommended to wear? Are they a~1owed to wear c~o.se~fi~.dnghoe s'? s A,: These turbans that women wear are unlawful, TI1te prophet, peace be upon him, is narrated ro have said, "I: have not yet come aeross tWlolca~e:gori!es: o:f M'us]im:s who 'wiU be to,rtuNdl iDHeUt'ire: WOUlen who are dressed, yet naked" ,and 'who walk and strut wiih a s~i,nliJJ);g' ,g;w.t, ·they shall. nOit~eadmitted in~o heaven, .'O~lr·. Ithey ever come will close to it~and m.en who 'W3J~ around wUfh wbJ·ps tba,t look. like tails of cows wherewith they~ash Allah i s
servants .M
~ ..... Q.I •. --~,~ ,

Is a. Christian woman.to be buriedamong MusUms?
48

Q: A Chrlsdaswoman was mar ried to a Muslim ~ and was seven :months pre gnant when slle died, Is sheto be buried in Mus:H'm's or Christians' cemetery?
A:: She is not' to be buried either in Muslims' or in Christians ioernetery since: both a Muslim and a Christian

are Jnvolved 'and, a Muslim is not b) buried muong the disbe,~,i,e vel'S, no r is a disbel lever to 'be buried among Mu:s~ims, The Chd,sfian

woman is to, be buried alone with "her back facing the: Qib In" since thebaby' s face is towards his mother' s back. B ury. n.g the woman thi s wa y ~ t1heMus] j]11 baby win be 'facing the Qibla. A baby :[8. born Muslim if bis father WS Muslira- even rnf. his mother 'is not, as unanimousl y agreed, (]11l by all scholar s,

Za.kab,
Zakah of',Jewelry'

Allayeth, Ashafei Ahmadand Abu Obayd, no Zakah is due onwomen' s jewelry, Onthe other hand, Marwei Ibn OlTI3('f. Ibn Masoud ~ Ibn Abba s, Ibn ,0 mar and otbers maintain that Zakah J due on women ~ jewelry. s
'!' ",

A: According to M alek,

Regarding men' s adornments,
adornments

no Zakah is due on lawful such as gold and. silver

such as swords adornments and silver rings.

As

for unlawful adornments,

'-

utensils, no Zakah is due. Concerning adornments that were a point of controversy such as helmets and shields adornments " obligating Zakah was again a bone of
conteraion, "Zakah is due, on them and they are declared, unlawful to' keep. According
to Malek and Ashafei

Abu Haneifa and Ahmad declared them lawful adornments
of' silver. As for horses adornments, such as saddles and] bridles; the majority of scholars maintain that Zakah "isordained on them. Malek, Ashafei and Ahmad proclaimed them unlawful to keep. Likewi se ~ Zakah is due on inkwells, kohl containers and things of the sort, be they made of silver or gold. provided they are made

*
Zakah on a woman f s dowry
unable [0 demand 'her dowry of her husband for years lest this should cause a falling-out, then she' is compensated for it by an estate or she is paid the full
a WQ111a:nis

'Q:' If

dowry years later, m's she' to pay due Zakah fo r the previous years or is she only no pay a year's Zakah 12 months after she 'was paid her dowry?

A: Scho lar s d iffered on this issue,

SOUle mamtained: Zakah of the previous years ]S~D be paid, be the husband rich or poor, according to' one of [he two. opimons in A<: sbafei and A·:,' 1'1amd' s (I'('!-h·O.0]'" .. ' '~ ~,=v'-=='" .w. v,,~'"
==_" .

"~]~~'","l

~~;Il

..

,

"

.. _

~~

,

L-1'1!.r-

,

.

Others believed: Zakah of the. previous years is due on Iy ] f the husband is rich and if Slle:h ~lS -actuallybeenpaid the dowry, Yet., "if tlll'm s ':'~: ~no:t the ea se;. no. Z;a.·k~,ll is due ,. s : .' "-.. . .. ..n,..,,,,,. ... .....=~,~ S ..~. according to the second opinion in their school.
c

Others

cl aimed:
.... '

Zakah A .. ue for ip Y."~"L d --~

'OT'i, ~Y' one

y' c'

to Malek and one of file opinions mn Ahmad's school.

'·'e.·.·· a "'('0'luU~g. .at". '-'Iir' ....,.,: iJ.·
Q " .

··iI'

The
.

DTIOst
.

far-fetched opinion is the one obligating paying
.. '" ... _V'"",,",, U!l,l, ". ,.,

Zakah for the pre V[(;inIIP J ..."'!_'-', e. en when .a wom..',t.n ]. snot vears. ... v _~ .. u'...... " ,I.,l~. . been paid her dowry. This opinion .~ invalid. 10rdai ning s Zakah on whar one has not pRid is against the Shuria. Besides, with the years", Zakah canexceed the: ()r~g]naJ sum of rn0'ne'" r-M·,-,··, .. v~· ~ ...I ",., appolH ned SUlll. on N. ,11CfD. "I'v'I·····]· __ __, y, " ,orea. er ] ~ the -at .':,,'. etll, : 1-·[,· w1.e.
"IJ'
1,J:(t

Zakah is due (Nisab) became less and Z!itkah is due onlv on this appointed sum, rut wouldbe ditfieutt to figure out the Zakah to be paid. .. , • d-

The opinion bel ie ved to be most valid ~ the 0 ne tha t. deen 1 s ·d·, e 0 Z.ak·'':io'''', ~ ". . zu ~, noil' d'·,·I·,G,.··· .'., ··t a. .e,1 a W "J..lO 'I' .... yeal "' 'I'· .'~ J.C .'. ate of I ·iJUlL' ex,eep. ·t·t-" ... : [e .. ' :aso~ payment or the one obligating OB!e year 's Zakah to 'be paid
J. "!!,
. \l>

.j;~,,, I.~

upon getting the dowry. This, opinion obviously rests' on solid grounds and is adopted! 'by Abu Haneifa, Malek and, a group of scholars 'belonging to Ahmad' s school.
1

dm 0 ner b '. ne . "' 'm1ate rectptent C an th gran:'·; '., :th .• e a, Iegt'!to. of Zakah if in ·debt?
'iI!

"

Wb~t about a poor W01l1an who was in debt and had in herc-ustody young grandchildren (her daughter' s children) who had money, Are they allowed to pay Zakah Ito their grandmother? Does she: come fi:rst on the list ofworthy
Q:: recipients 1:
dfnz to tne lid f ioiars opunons, tney I! A : A.ccommg to th most vauu 0' SCh 1 are allowed to pay their Zakah ttl her or to any of their relasives so they could pay bact their debt .
'I "..

As for playing her the Zakah to hemp her afford, their daily bread, if she can afford rhe expenses of raising them or o~bers" she is not to be plaid the Zakah. However; if she needs Zakah she is thus a legitimate recipjent and IS morality can others.

..

' Fast",10,g
Is, a pregnant woman" who is in no pain, allowed

not to, fast for the safety of her baby?
was spotting on regular basi s and midwives advised her not to fast for the safety a f the baby, yet she ·WZIlS in no pam, would she be allowed not to tast?
'WOU1.an

Q: If a pregnant

A: if a. pregnant woman fears for her baby, she is allowed not to fast provided that she fast an equal number of days
later and to distribute a rotl of bread and accompanying food among poor people equal in number to the days she did, not fast in Ramadan,

What is a fasting MUslim allowed to do? What '"DO' ,'" wu -uld. bre k h·" r:-'as_·L_ ~' an''d Wha i woul d 0' o·t? __ ,_; ~a., IS - sti I,~" ,,' ~
I!.,,~,

'Q: What about rinsing the

lTIOUth,

sniffing water,

'tOOUI

cleansers;

tasting perfume and kohl?

food,

vomiting,

bleeding,

wearing:

A,: Scholars unanimously agree that a fasting Muslim can rinse his mouth and sniff water, The Prophet.jieace be upon him. and his companions used to rinse their mouths

and sni ff

W~U~FW

h]le fasting, Yet ~he said to La qay t Ibn

T

permissible to u~e rhe tooth cleanser. However they d'rnff'ered as to whether it is not C0111111endat)ie to use ][ after
j

Sabrh, ~'~Tbn]toug]dyuift' '~wmtce:r s unless you are fasting." :He did not forbid him to sniff warier but forbade bin] to overdo it, Likewise, it ia unanimcusly agreed that rut :i s

noon. 'Yet, 110, evidence based, on the Qur'an or 'the Prophetic tradition was found sufficient to pose restraints on the general applicability of verses. or the: Prophet' s sayings dealing wi ~h the tooth cleanser,
Tasting food: is not recommendable if uncalled, for but does not break one! s fasti ng ~ unl ike rinsing one smo nth which is called for.' Vomiting: if one deliberately causeshimself to vomit, it breaks one s fasting, HOWeVl!'f if one vomits against one! swi 1l, it: does not,
II I

J

Wearin~ perfume: does not break unanimously agreed. 011.
Bleeding: bleeding

one's

fastins as .....

thatc~1J1L110't be helped such. asbl eeding

induced 'by iniuries, or eases of brandymenorrhoea or nose
bleeding does
break one's fasting. Yet, it is unanimously agreed that menstruation .and postnatal bleeding breaks aWOI11an' s 'fmnrung.
00'[

As far having one's blood . drawn, ithas been oebsrable

among scholara w hether
ge-nerally be]l<ev,edto

~I~ s

breaks one ~ fasting " yet: s
Similarly,
bloodlening

j.~ is

do.

or

has equally been debatable. According to one opinion, ~t is regarded as equivalent to having one's blood drawn and so does break one's fasting.
phlebotomy

Concerning koht Ahmad and Malek believe that like perfu me it breaks one s fasting, only if it reaches lnside one' s head. whereas Abu Haneifa and Ashafei' believe it
., ". -~~~ 11
I

does not.

*
A man who could not fast or pray 'right before his death, Q!= A
alive
IU:ll1

was incapacitated by illness during Ramadan
If they fast and pray for him, will they have

and could not fast or pray, then died, His parents are sr-i'll
though.

performed A:

the

obligation

for

hun'? Does he have to
.

explicitly request this in his will?

If the man took il1 and could not perform the obligations" his parents only have '[0 feed poor people in compensation. As for prayer. no one has to pray on behalf of another. 'However, if one of his parents voluntarily prays 0 r fasts on behal f 0 f their dead son, he is rewarded f.,or h.•
"It

*

...
-I-

Refraining from going to extremes in worshipping Allah

Q: What about going to extremes in worshipping Allah? A: A man heard the Prophet, peace be upon in, as saying, "David~ s prayer was the most: pleas~llgto A1llab" and David's :fasting, W3<'!, the most pleasing tt) .Allah; be used to sleep, half ,o.'r the l1ight, pray it's thlr d an d sleep its sixti1Jand he us-ed to fast every other day.
II

So he pledged to fast every other day and continued. to do so for over a year. The man was married and. had children, which required. him to preserve his health and v ital ity . The man next: grew keener on memorizing ve rse s of the Qur'an, so he kept learning verses and repeating them every day. He also got in the habit of praying a large portion of me night. and grew' more enthusiastic on worshipping AJlah. As' a result, the difficulty of fasting, together with the difficulty of repeating and jmentnrizing verses of the Qur' an coupled with the exhaustion entailed by devoted worshipping of Allah" though he was a. young man with zest and vitality, all resulted in a state o,f distraction. se vere headache and 51OW comp rehens inn ill the sense tha [:
he became unable to grasp the meaning of whatever he hears. This exhausrlon could be seen in his sunken eves"
r

Yet, his devotionin 'worshipping Allah brought some light into his Iife, The man refused to quit fastingin order to honor the pledge he made '[0 Allah and for fear that this

light in his life should fade away,

Whenever

any of the well-versed men of religion tried to

dissuade him from persisting in ir, he would say, ~want to k~J.l myself for the sake of Allah, So does this fasring, given the state he is in, please Allah, exalted be He? Or is it not reco mmendable ? Is the man entit led to make sue h a. pledge and! can he pay money ~IDl expiation for violating if?' Should he not preserve his physical and mental bealth in order to be able £0 perform the obligations and support his children 5·0 as 'to please Allah? 'Would not his persistence in doing so incur Allah's wrath on the grounds that the man 'is wearing himself out by forcing himself to do what he does not have to do?

A woman
' :-:','. ,--

·'1'" on a pI grunage 'VIith OUt bl ,1D an unmarrtageame k"' ...
gOIDI
',- . :- = 'it .I
_' ,_ -,' • j ,, ,;--:", I·' .', ~ : .. ", ' ""
0 ,

*

0,

Q: C an a. woman go on a. p ilgri mage unacc ompan ied by an unmarriage able kln?
A: if the woman

given

up

company

of someone she trusts, according to Malek ~ Ashafei' and. one of the fWO opinions in Ahmad's school.

unmarriageable

an

is elderly, no longer menstruates, has hope of getting married and. has no kin, she can go on. a. pilgrimage in the

51

Can a womango on 3l piJgrbnage ,'. on behalf of' another?
Q: Can a woman go on a. pilgrimage on behalf of another?' .
-

agreed that a woman can perform ,3 pilgnmage on behalf of anocher woman, be she her daughter or any othe r woman , S imi larly, accoroing to the four Imams and the ·majlor ity of scho lars, a woman c an. perform the pilgrimage on behalf of a IruU1, The Prophet peace be upon him, ordered a 'woman from Kath mTI to perform . the pi ~gl"mage on beha] f of he'[ famer, when she i
.

A: Scholars

unanimously

J

I'

.AUah has obligated ·pilg.rim.age on His servants when :In:y faLber was au. eldel~ly' maa, So the Prophet; peace be upon biro, orden!!dber to perform tbe pU,gl·im,age Oil her ·.ratJu~rs '

said,

"O

AUah~'s Prophet,

hehali't
do it.

II

However, it would. be more whole for a Ulan to

Can a woman who bas. already performed the pilgrhnage 10 on ap:iJgrimage on behalf of a

dead person and be paid for it?

what about a. woman ·who has aJready been. 011. a pi~grhnage 2t]'IDd was asked to perform the pilgrimage on
58·

IQ:

behalf of a dead person ~n return for money. W'ould stile
be allowed to do so? . :. auowe 'f-··. " IIL,le ~,e pugnmage ,,01 "I ~,~d A·~ S·'h····']8 . .llow ·di 1.0 perrorrn'.' 'it'h-- ,-'1 •.. ,:j- •..• ' for ,,1 aeao 'person in return for money ~obe accepted 'W ~rn the Thn~ention of performing fhe obligation on 'his behalf as unanimously agreed on, However, if the money is paid for hiring the:woman, scholars were of two opinions:
t ... , .....

The . first A- ha .•:~; maintained s "lJ.....~" ,I,.~KI" : u, ~W
UWiIl.. + '"
,n"",~"".,

,tl1i! .. ,., h

at she can take .'he t .'
'y, ,,' .,

111ont:;;\.,,·.I, .:!

That second: Abu, Hane ~ maintai ned that she cannot, I f fa this woman 'who has already been on' a. pilgrimage intends to perfo rm the obHg,at~on on 'behalf of the: dead person, she would, be rewarded for it, Howeverv If s'he was solely after the money, she would, be depri wed, of any reward
T

:~

Circwnmtbnlat:ioll
Q: 'Whatws

of 'tile Sacred House made by
judgment of a who

a menstruating woman
the
woman

circumambulates the: Sacred House ,illlruer menses?
the schol ars who claim that purifies till:ol1 ts obligarory for circumambulation, if a, rnenstrll(;l.tingvlolIHU1,. or any nne who is ritual ~ impure due tosernin8!l till ischarge [nino r y ,inlpurityi .e. not [aJdni abluti on. or because of C2UT)' ing ~.l1l1purity in: general, circumambulates the S acred HOllLS:C. ]1' wil 1 be sou ffrnc.ruent for him/her and' 'win be required [;0
0f
I'

A: According to one' of the twoopinions

sacrifice either

she-camel seminal di scharge, Forbidding

a sheep' in the case of mmor impurity or ~I ~:n the ,case of menstruation or impurity due hl

. woman to circumambulation

accounted for the fact that clrcumambulation resembles Prayer, or because she is forbidden to enter [he mosque in the case of circurnamhulation.rexactly as in. the case of observing I'tikaf [seclusion fur a certain time in the mosque for devotion], Allah the Almighty saki to' Prophet Abraham I[Jbr.ahinl] what means: "; .and sanctify My 'House for those who compass U round, or s~and up,. or bow, or prostrate themselves (therein in prayer) ..~' (22:26) As Allah ordered Prophet Abraham to purify the ~m:nctify i.e. purify the Sacred House to accommodate the doers of

may be

a 'menstruating

meabove-'luentjoned

Kinds of devotion,

a menstruating

woman is forbi dden to enter it ..

the OPl111011 that circumambulation cannot be treated like Prayer ill terms of what is lawful and what is prohibited, and that circumambulation cannot 'be annulled by the same acts that nuUify Prayer, such as eating, drinking, speaking what is alien t-o the words of Prayer, etc.
The scholars, however, agreed on

For

forbidden to circumambulate the Sacred House because she

mose

who

hold

that

a menstruating

woman is

is not permitted to enter it atthe first place, not because that she is notpermitted to make circumambulation itself, they claim that pLWri~y is not a condition for

circurnambulaaien ~ rather a menstruating woman can circumambulate the Sacred House in case of necessity, .as
sheis perrnitred tn enterthe mosque in case of necessity.

Allah

zhe Sacred House to accommodate those- who circurnambulare it, those

ordered

Prophet

Abraham

to purify

who observe I 'tikaf in it, and. thosewho perform Prayer in it. According to the agreement of Muslim scholars-purity
from minor impurity i.e,
making ablution, is not a

prerequisi te fo r observing I 'tikaf,
AW'Qlnan 'who observes I'tlkaf then has her menses during her stay in tJhe mosque may continue her sta y "if she is A rive ~~ by ne r» essitv n .. At S, 110.];' the phrase ,"""" " or 'b. ,"iN (H' UJJL_., ~'J !!JJ.I~ ~-. __
l_" ",,·.V·.1IJi
E ""
~!I;;. ~ .,~

lItll""~'_'

.

__

.

"0· -

'__

'I.~

prostrate jhemselves (dIerein~n pr,ay,er) it indicates ," tha:tthe observers of Prayer" for which purity is a

--

prerequisite, accordi:n:g to jhe unanimous agreement of MusIDimscholars. However, a menstruatingwomanis not required, to perform Pra yell"." neither the Prayers ill the time of he r m ·e· ~I'~t'l" nor I,jh'eP ray..~. she h "fU mi . S" sed b... I.' ·I··'e' nsm en !);!, ~W,l. - "., ':.: ers ,.!!.-1 efo she becomes menstruating,
'LI',., ,[ ',. ,', , .. ',Ii,~~IL YO""

V,IJI:.,

~,J,U'

"riJ!

i.1. .. :.,

,I'.

Another _ijl)lesti.-on is raised ··'with regard to one who circumambulates the Sacred Hose, shall he, be: treated ~ ike

nne who observes l'tikaf

0:[

Hte one who performs Prayer
,fi~

in terms

of the requiremers of purity? TWs question

opened a large

seale exercise of

Iitinad [exercise of

discretionary opinion based on Our'an and Sunnahl. As tor the saying that "circumambulation 'of the Sacred, House is.
Prophet (peace be upon him), SOJ]lC jurists reported Ibn ~ Abbas as. saying: If one circumambulates the Sacred House while being ritually impure due to seminal

like Pr'ayer /' ir is ascribed to lbn 'Abbas, [lot to rhe

discharge.jie

wi 11be required to 0 ffer a sacri fice .

.N a doubt what is meant here is that circumambulation
resembles Prayer in some aspe-cts, but not that it is a kind of Prayer: for which purity is a IUUSt. The same applies to the report: "If any of you. attends Itbe mosque, he should not interlock 'his hands, as be will be regarded in Prayer, and the report: A servant W'l] l be conside red ina continuous Prayer so long as he is bound by the manners of Prayer, waiting 'for the next Prayer, or heading for
~I U
j

Pra "',J, e.r J ~
.. l ..

+

n

Briefly put,

scholars House, unle ss she- j s rituall y pure, as much as. she can, I f she reaches the Sacred ,House while be ing menstruating ~ she: should. not circumambulate it But she can attend ~ Arafah and perform all rituads o,the]"' than
circumambulation,

according to the, agreement: of Muslim a woman should not circumambulate the Sacred

ritually pure; then make- c ircumambulati on if she r;~n stay .. If s'he is obliged to circumambulate the Sacred House ira 'her menses it will sufficient 110:rher. This is the soundest of the two 'Opinions ascribed to Muslim scholars,
j

She

should wait

jmtij

she

beC0111eS

Atte~ndin,a 'Arafah by
" JiY ~~
O'._· ...

3;

menstruating
"UHf,,:,~.:'!1 'Jo

woman
,II:

· '.··.:Wh.~_ the jud... me... t of a me nstruIi.!!:gt.ti H'g.· woman .~ " u •. tie... u ..:,]]-.'1; J(, .'.,'. d,:: '...... Q..
"

attends 'Ara fin?
A~ A 'In' ',',rruanng . woman. Ca,tThfUte'n'. d·' ~A"" 'f'"a'h':- ·0.·.··- can :.. ".... .... .,""".- Ara ,,"_ ne ._. . '_" ;~ n ens't ....

attend ~ Antfa'h, walking
I~

0'['

determ ined ace ordi :-1.W6,!~V· ""1,..",,, " .. ditions of peo ple If rid in ,.Y ftj,o l:l.l\p con .I~ 1..1·, is pre ferable to a man ",so that the people, w 110 are in need of him" may see ll~:m, or because walking is dli nmc ul 't for him, he may attend 'Arafah white riding" as the Prophet (peace be upon him) once attended 'Arafah while riding,
_o\r.o'~ _
I • ~~

riding. The. best of tbesei s
rt./.
JUI:' LI,\.;l,~.IL
C ", '_' ••• ' _

:1.. _.

' .. ",

,I.

~rI;

II!'

,lit L1,. ""~

(F

A

h ..J,n ·~bt • wea k womanw_~o spenns them5lJi. In .~.
.11

Muzdallfah
Q: What is the jud,glnent ota weak womanwho '· tr Ci' M·'IJ!,· zd aI ~:.c'i:!i,1rlj}' rub h. h.""u ..
., I I~

spends the

]",'[1,

1

. ,"_

... ~

..

A.:: According

to tne Prophetic
,j:""' .'.

SUJ.U1JJah."

a malepilgrim
...;11 '. ,,,',.

before '~:ll]] If', ~-t.,,,,". pil , I' , :f~ ,t'I!":I",;>, 'W' ,,12akr h IIWI,I[I .... ,'''' _ , set JI. , IIl.U1i;,.. ",;~, "_ ,r'".. ,m' I'S-' .'0''.' women and children " he/she shouJd hasten to Mina after the set of the moon, Strung pilgrims should not leave Muzd.aliCahuuless a fterthe break of the dawn; uerforminu
,0,

should spend 'themgbt in MU2:oaUfah and wait 'until ~t is ther pel ,~,Gl '.eb··. ··M.·· ......~, '. 'p...cayer anu anen.. ,,:I\., ..'.' 'd: [[~e L~{U .... ,m. t .e .'',_orrung .' " Mash 'ar Al-Haram ~ in which he should stay until he leave s

dawn > a _.' _

I..

'g'

II

Utl ... ,-.

.~.l

.,~

~n' 11 ... ",'IUI'b-U,

;(t,C)

IIJi c

L'.~

' .....

the Mor11ing Prayer, standing by Muz dalifah, since all the area of Muzdalifah isa station, however standing by Mount Qazah is rnorepreferable. There lies the place 'that most jurists call Al-Masn'ar Al-Haram.

*
Circumambulation made by one, who is ritually Impure due, tomenstruatkm, seminal dlseharge or due to minorhnpurity Le, not making

ablution
Q'= What is the judgment of one who circumamhutates
Sacred House while being

ritually impure menstruation, seminal discharge or due to minor impurity i.e. not making ablufion']

the due to

A:' IC wa s reported after the Prophet (peace be upon him) that he said: " A menstrua ting woma nperforms all ri rU21d s

except circumambulation of the Sacred House." He (peace be upon him) said Ito •A ishah who was in her menses: D'O what. a pilgrim does, except for circumambulation of the Sacred. House. When the - Prophet was told that his wi fe Safiyah menstruated, he ext laimed: '"Shall she binder us (from performing ~UI rituals)? When he was told that she made the Ifadah circumambulation, he said: "This should not have been done." It was reported that the Prophet (peace be upon him) uppointed Abu Bakr on tile occasion of pilgrimage ~.nthe year 9 A.H. to announce peop ~e that it .~ not permissi ble for a pi Jg r im to. s circumambulate the Sacred House while being nude.
j

~I

I'~

:~[was not reported tbat he (peace be upon him) ordered [hose who circumambulate the Sacred House to. make ablution or avoid unpuritiea while he ordered those who were going to Prayer to 'mate ablution .."The forbiddance of circumambul arion by a menstruatlng woman was 'rhus because of maintaining ~he sanctity of the mosque, asa menstruating woman j s not permitted t'O stay in it, while
. -'
,

.

-

circumambulation
because

requires, a stay

in the 'mosque, or

ir is totally forbidden to enter the; mosque'} either as passing by it or staying in it.
The forbiddance of a menstruating woman [0 circumambulate the Sacred House might also because 0 r the prolubition of circemambulasion 011 the part of a

menstruating

woman, j ust as, she is prohibi ted to perform

Prayer or observe Fasting, which is proved by Qur'an, Sunnah and the consensus of opinion, to touch the Hol y Qur'an, according to 'most scholars, or to recite the Hol v Qur'an, according to one of the two variant opinions of

scholars.
Those whoprohibited the recitationof the Holy Qur'an 'by a menstruating woman, such as the famous opinion of Imam. Ahmad. and the opinions of Imam AI-Shari ~ and i Imam Abu H'ani fall , disput-ed over the permissibility of recitation of the Holy Qur'an by a menstruating woman and one 'who suffers fr011l1. puerperal .'bleeding be fore washing: but after the cessation of bleeding into tJ.lIT opuuons:
C'

65

1.. It is permissible for a woman to recite the Holy Qur'an after the cessation of menstrual or puerperal blood,.an.d. 'before : ~e ritual bathing. This is. the chosen opinion of the judge Abu Ya 'Ia .and tbe surfacemeaning of the

opinion of Imam Ahmad.
: I,

I

2 ..Recitation . of,. the Holy Qur'an by: a.woman after the

cessation of menstrual or puerperal blood, and before performing: at ritualhataing is totally fo rbidden
'.

.

.
,

3. It is permi ssible fora woman to recite the Ho ly. Qur' an . . following: chil db irth , ?,nj]~ a menstruating woman is pro hi bited. . .

.

.

.As for the prohibition of a menstruating woman to enter the mosque .·01'· .pass by it, mtmay bea prohibition of each act respectively, i.e, staying or passing by the mosque, 0]" it is only 'prohibited to combine both acts at the same time in the sense th a~ if each .. is made separately, j t will be permissible. If it is the former, ir will 'be permisstble to a menstruating, woman to stay in. the mosque in. ease of necessity" ,e.g.mf she .:fears that. someone. ·may kiU her should she does .not ..enter the ··nl.osqUre~. in severe cold weather, .OI. when .:she. finds ..no sheker other than the mosque, "A'lshah .said: .The Prophet (peace be; upon him) said to me: "Fetch me my cover from [he mosque!" I said:
j

.

But

I arm menstruating, not in your hand."

Hie replied: "Your menstruation

l~

Maimunah, the Prophet's wife" said: The Prophet (peace be IJPon him) was used to put his head in the lap of an y ~)I us, whi~e she was menstruating, and woul d rec ire tile H,~ ~ 'll Qur'an. Any of ILlS might spread the Prophet's cover "ft If

him jn the mosque, while she was menstruating.

'It was narrated
not permit

by Abu Dawud on the autnoriry 0 I-' ~'A'ishah [tun the Prophet (peace be upon him) sai d :ii ~ d(,·
one who is rimally impure due to seminal
jj

discharge or a, menstruating woman to enter the mosque.
To reconcile

many and, others differenriared 'between the case of passing 'by the mosque and mat of staying in the mosque. Some scholars forbade both 'passing by Ule mosque and staying in it by a menstruating woman, such as Imam Abu Hanifah and Imam Malik, Others did. not forbade passing by [he
mosque, on the basis of theQur' anic verse: ".,.. DDr in a

this hadith and the earlier ones. schol ars, such as Imam Al-Sha 11 i~ ~ Imam Ahmad
between

state 0'1 ceremonial impurity (except when b'"avelling 011 the road) '"until after washing yow:' w'bole' body.'" (4:'43) Imam Ahmad and others permitted the sta yin the 1110Sq we for the sake of performing abfution. This opinion ]S supported by the narration of 'Ata' bill Yasar, who said: I

men of the Prophet's Companions stay in the mosque white d]~y were rituaUy impute dueto seminal discharge, fter oerfe rmin 0 !liIV~,.. ;:j1lUe."~l1,if~i~nl·I' ", ,. _I" WPl _',' before P"' Cil!yr .' ]" arn iade u.... ,'J.ll.!.;, ,It'"", ,d'i.. ,!lv[. • r ':,e
SilJ,W
;:jj

IJ'l,UU,

~

~~'l,lII,

_

~'iIJ"iGJ

'th· ",

'9,',

I.

Perhaps this was because the mesque ismost frequented by the angles,.. wilo "cannot eiI~le,'l aplace where a dmaJilly tmpureper'son is. present "' For this reason the Prophet (peace be upon him) forbade a rituaUynnpuveman to sleep

iUU1f: mosque. u: was reported after '~'A~ishab that she said; If any of you has '~nterc,rrurse withhis wife", 'he .sflolldd not sleep unless he performs abl,uti on ~~kie thatmade before Prayer, Who knowsl He lllay die in his sleep, In another hadith it was, reported: '... because if he sleeps {wbUe being ritually i~npure)®be angels win not attend his funeral,

The Prophet (peace be upon him) ordered one who was, ritually impurlfi. due ~o, seminal discharge to perform ablution before eating, drinkrnmg ,and in case he: would

" tl . repeat intercourse wi.th hi wue .. Th"'" IS a proo jf that rf' one a rus ,18 who is rituaUy imp-me: due to seminal discharge makes ablution, Ute parts of ablutionwill become ritually pure,
.'.(>;
I

which raeaes that :hh complete However,
LI, '-'r .~;;~

smre
oj,

of ritual impurity willnot be

it one W~S a mmor .rmpuruy, " Of an nnpunty
+ ""_
.1-1'

lesser than. ,rnajo:r ·itttpuri~.y,; he will not be treated as one who is ritua,Uy impure due: to seminal d:ischa:rge. in, the sense. that me .angels. win not abstain from wimessing his funeral" should he dies in his sleep ~and that he will be permined to sleep and stay' in the mosque',

indicates that: :rjwaJ impurity can. 'be divided into parts, some of which may be removed from the parts of the body 'whieJl are washed or wiped with thewater of ablution, This 'is the opbdon otthe majority of scholars, This

As regards a menstruating woman, 'whose impurity: is contimsous, is legally excused to stay ~.sleep and eat in the 'mosque" without making alllution. She is not forbidden to do 'what a ritually impure one is forbidden to. do. in case of
~.
'-

necessity,

.menstruating woman may recite the Holy Qur'an if s:h,eis in need of it 'This isthe -opinion of Imam Malik, one .of the rwo opinions of Imam Al-Shefi'! and a narration after Imam, Ahmad, This is in. the case a menstruating woman is '01 need of reciting the Holy Qur"',auil since she cannot make . 'Purifi.cat~o[[l!, as, is the case 'with one whois ritually impure due 'to seminal discha.rge'" despite the fact the: at her
impurity is greater than mbeformer; in the sense that she cannot observe F.asti.ngbefovf tile ce ssarion of blood, w'tdme a ritually impure person can.: If it is argued "thata menstruatingwoman is forbidden to

On

this basis, the prefer,ah,le' opinion of scholars

is ·~hata

observe Prayer
sh m'a._.lti.'~~ ~,,_~ _' ,._'__
-,s LIi,~ .. ~,,;a'Il:!'

before me cessation
~_~f_ •• ' •• '~,

nur,i:-i't""''lI-t;;n,n"'" ,tf'_"_" ·~I~I!i;.;.'u:_:~,!u
~.;l, l~ _ -y \.r ILU

prohibited vll ,IU

ba v~

or not and tbat her busband is y!l ill, _"11":,,. JJJl' __"_~'_.'l:."",lUll _,!.,:, intercourse 'cW'.:l·r her' ~' '~c~/ dch entailsmore .... .... lUI· ...... '"",, lIILI,~ ,,, ~" ,W,L)
1_:'_ .... I~~'~

ofblood ",no matter
.(.1

",,~,

...

'U1!J111..

.'

,IJ-~.lv.

Iiir-

on her part to enter 'the mosque 0,1' Slay m i~" Otis can 'be answered by the argument that 3" forbidden act mary 'be permitted in CItBe of necessity, such
strict forbiddance

as the permi ssion to drink 'blood and eat carrion and swine flesh in case of necessity. Furthermore,
strictly

some. other acts which, though are I,e,'s
bu.tcannot:' be ."

permitted witnour necessity", ' such a~ wearing silk, garments by men", drinking in gold or silver vessels, ete. " ","', ':: : .: '
It,

prohibited,

than the Qiblah, praywith the"private parts uncovered, or to pray 'while there is an impurity on one's body or

is,' "hl6re ~tl·ict[Y'fo:rhidd'en ,-Cd' pra:y: to 'ii' direcdon 'o:tJher

to'

garment. However, all of these may be perminee, or even become ,o'bligatnry, .in case of necessity, Other less s~.r],c[j]y prohibited .acts cannot be permitted unless ill case of necessity, 'such as recitation of the Holy Our'an. A ritually .impure 'person due' to' ',a, seminal 'discharge 'whose impurity is continuing because' of his inability to make
ritual washing or tayammum [dry ablution]' shall be treated as the case' of the' menstruating woman mentioned previously, despite his occurs rarely, '
, , ,

The Prophet ordered menstruating women to get out on rhe occasion of "'Ids andw~tness the celebration, and good invocations made ~bypeople and. pronounce takbir [Saying':

Allahn Akbar (A,~ is the: Greatestj], lah
The, Prophet ,"a'lso ordered 'luenstt'uating', and, conftned

women to' make :I:bram, Talbyah, witness .,Arafah while pronouncing remembrance of Allah and supplicating Him, t1iThrowin,g'pebb~esvihHe remembering Allah • etc. AU these

The' ' forbiddance of ..' a rnenstruatmg WOll1l0 to circumambnlate the" Sabred Rouse is justified with; ,'tbe cause of maintainin,; the sa.l1ctilty of the mosque, 1"1Jus·said
.. . .' .

. .,..'

,,.

....

.. .

.

.

.

~

some of the Htumfi. scho lars ~,tlS the school of Imam Abu
Hanifah maintains :~ha.t purification is an obligatory 'practice to be done before' entering rhe mosque ~ but hot an obligation that should 'be madeinside it or a prerequisite to enter it. This .justification has Inure ill common with the saying: thar the ctreumambulatlonmade without ablutien ]8 not prohibited, This is the opinion of Mansur birr AJ~ Mu'tarnir and Hammad bin Abi Sulaiman, which was narr.ated, after them by Imam Ahmad, Manastk:: 'I asked' Shu ~ bah bin Hal1IDladand . 'Mansur about c:i:rcumam'Ib'U'~.ating the Sac-red Hensewithout l.nal(;ing ablution. They saw no harmin that: Abdunah. said: .I asked 'my father about [hal and he said: I erefer making ablution b efore 'C-'~il~""U" ambulation since m f" Wv ""' circumambuladon is like Prayer -.

AbdiiUah

sa rud in his

.,

i-'.

i' '1

••

~_. ,

'-

~:

.:-

-

II

.

a

•.

'"

!or'

.....

",ul!;..,

".~.

~I)

.,ll.,u,,J,

,_ ....

.:,UL-

_"

u

HIIlJ!'

,!JI!!U,WV.u~

,.:;I"

beL

There are two narrarions after Imam Ahmad. reg(irding: the pm'~rECadon : whether it' is a prerequi site of cireumambulatton 0 flnl.ot. He also had 'to narrati ons regarding the necessity 0 f purlficadon during circumambulation.
7]

Some Hanafi saba lars maintained that pUl1'ifi.cat~o:n is not obligatory before circumambulation, rather a. supererogatory act. Ne gJe.cting· puri fication, however, entails offering a sacri flee.
Those

forbiddance from circumambulation by mairsaining me sanctity of the. mosque, not because of cireumsmbulauon itself, During !d:rc,umambulaJ~onit is permitted to talk, eat and drink, which is not tbe case wnh Prayer. The key of Prayer is purification, its sanctity begins soon after pronouncing the commencement takbir and!ends with the pronouncement of taslim [saying As-salamu 'Alaikumwa rahmatul-lah (peace be upon you and Allah's Mercy and. Blessingsj] . Circumambulation does, 'not Ie Sf:mb ~e Prayer

who argued that a person who bas not made ablution can make circumambulation, may jusltn'fy the

in the above-mentioned aspects, It was. said mat people were forbidden to circumambulate

the Sacred, House while being nude; because. of maintaining the sanctity of the mosque. on one hand ~ and, (,0 avoid the sight of people on the other. , ' The _propone:D£s of this opinion said" that the place of cireumambulation is consideted themosthonorable places of Prayer, which cannot be void ofpilgrims, Allah the
Almighty said: ,'~ ....Wear YOIJr beautU\Il :app,arel at every , , "" , ii'·' an d' '~"." ute .. I:h.ace 0,'f' p". ,rayer ••'. '('7-"'>3'·) "".- .Ii,,'
'I~

Thus a beauti ful apparel should 'be .'worn when enter wng
places of Prayer t.e. mosques
72

This is not the case ~with

Prayer itself" as a worshipper should. cover his body for the purpose of Prayer, which m__a:ybe performed at any place'. If one performs Prayer individually in a dark house; he will be required to cover .htmself for rhe purpose of Prayer, 'Ai, for ItJr-CllmarnblJla'~lon~ it cannot be -made unless i~l the Sacred House, l'tHcaf 'also ean be made H1 any mosque ~but cannot 'be made elsewhere, Based'
011

the abo vie) a- mensnuaring woman and a pier son
impure. due
to' circumambulate to seminal dID schar ge are not ', Ute Sacred House. asit is

who is:ritually
prohibited

not prohibited to make clrcurnambutation without performing ablution, fo r they bo6h ;are not prohibi ted to

enter the mosque" If 'both are driven by a necessity to enter the mosque, they will be entitled, to that right more than
'makes" circumambulation despite having no- excuse to do 'that.
one 'who

wi thout

ablution,

Consider ~he case of one 'who has not performed ablution .. who is forbidden" to' perform Prayer or touch the Holy Qur'an, despite his ability to mate purification. Consider also ~hat these acts are permissible to a person who is,
impure due to seminal discharge, If he cannot make ,ablution" he may pe rform Prayer wi thout neither washing nor Tay',alnnlltm,~'according to, nne of the two opinions made by scholars on' that : question. This is the famous opinion of 'the schools of' Imam Al-Shaf ~i and
ritually

Imam Ahmad,

" ,',' " ',:':,

.,

n'

was

a.lso, 'reported ' tJh,a~,
Prayer
"3

.some ,of :th~ .Companions
due to

perforrned

'while. 'being, rinwally impure

seminal. discharge" before the Ql1:r· ar[]ic verse re gardlllg, Tayamm um ras '(AV' eale ..~ : :. ~'.".I ". ea ~U'ii
J _,

I}

,I, .,:

'W__ ' ·.I~._~'

,:,-,,'"

'.F-:-:o:;(,:-"b:-I"'ddi-'-: ":~'n'o'a m enstrua '~., .-'.--~'!!ii,'
_J__j",,_,_Io:Il

lUlU,.

*t'-m'"' a W"lo,"m:n '.,a
I ,~I_ ", .II

on, .I,ul.

t obse ... v···,Q
"'~Jl_";;

F'astinl,in Ramadan
.A. menstruating woman j is not required til) fast during her ~'h- m a-ymstead .'m ak e, un fn rthe davs ""]1'""' ,;11'11(4 not -I..W,n;,:, -~,.1 U,~U fast ill a momh other than Ramadan, A traveler anda sick
,.:) ,B ","",' " , _'_", r ' ,i,[.l~'~~._" _' Q._.
1~1 _._-~~. ,.,_-.-' ~_I

fiCIJ""'O,i:j\E>.:i 1,~,lUw':I,.IJ~ri:!!I,.

1;1 ,,~

~_J,'

~

person who, though are able [U fast, are given concession [0 make up for missed days, mna .month other than Ramadan. A menstruering woman, tll:ll!lSi' who is originally forbidden to observe Fasting is nlQre :,entilled to abide by the f;orb~ddance:. She is reqaired tomake up for themissed days. of Pasting for one jnonth only, If she suffers lstihailah l[continua.~ va,I~]Ja,~leeding.l she is perll~ruued to b observe Fasting.

'Prayer is .a - recurrent ob ligationrepeated five times dai ly, Menstruation hinders from performing - Prayer. If it is argued that 'a,menstruatingwoman may perform Prayer in case of necessity ,tHUs. mensnuadon will no t be re garded as a hindrance of Prayer in all ca BeS. it will be deduced,
that Pasting and eircumameulation

Prayer ~, which is not correct, it cannot be performed by 8! menstruating woman, The 'Prayer performed while WOl1l3n is :rirwu;aUy'purejs, thus,
'74

ba ve s~nc.[~tymore than since Prayeris so sacred tha t

a compensation of the Prayer missed whi ],eshe 'W·' 'a- ritua lly J,I ~ impure .:'ii .t..~ ~. Argument: , It ~s argued that if circumambulation ~fpermitted (luring menstruation, both Prayer and Fastiag 'will a ~so be
r

regarded
,:t~

til. ILIa

..

:

',.I_"

.

'

permitted duringmenstruation,

-

which, can never occur. is ulnmaeely unnecessary ~

,

Refutation :'
since the obligation of, Fasting is Hunted to one month only, which can be made up for in any month should one cannot observe Fasting jn Ramadan, Since obligatory Fasrmg js prohibited during menstruation) supererogatory . Pasting ,win be, even prohibited" A menstruatmg woman has a good chance ., make up for the missed days of to Fasting whenever' she becomes ritually pure;' exactly as one who is forbidden to perform supererogatory Prayer 'in certain times. is alsopermitted to offer it in other certain
,

Fasting

during jnenstruatlcn

times. Thus, such fasting cannot be permitted, as there 'IS no compe I circumstances to 0bse rve it. ling

Supererogatory Pra yer Is not penni tted at times 'when performing Prayer is disapproved, unless his a, causa I
for a certain need. The preferable opinion is that a causal 'Prayer is permitted at times of [he disapproval of performing Prayer, since if it is del ayed unti1 the time of disapproval passes ,. '~tmay 1111 ss Prayer "~'.e.' that
"ws. . performed

its purpose. For this' reason, a woman who sufters, from tstthado» [continual vaginal bleedi,ng] is permitted to. 'perform Prayer
75

and observe Fastlng. since shehas a continuin__g excuse. If Prayer is permitted, during: menstruation", il win not be a hindrance from Prayer in allcases, since menstruanon s concurrent with aU., women, The Prophet (pe3!Cf'he upon hiln) said to ",A!'isilab co~rni~ menstruation: .~~ AUah bas prescribed it on the daughters of Adam i.e, all females, If tile Prophet permitted women to perform Prayer during menstrusrion it wi II De equallypermissible to perform it dudng menstruation and aftel'" puritlcation. .. ., Punhermore, "if all acts of d~votjon are permitred during . menstruation; :~.t wi It not be a hindrance any 'more, though the .rilIual~,mpudty due to' seminal d:i schargeand minor :imiPurity ~' i.e, the state of be:ingwilthout ablution are considered a hilldr.aJ.ice;~,which. entails a great contradiction. If all acts 0"1 devotion. become prohibited during menstruation, except forPrayer, lit wjll 'be an even greater coraradiction,
ru
~j

t

,

J

ThMS

to perform Prayer , as she,can do tha1t af~e][ she becomes ri~uanypLlre" 'which is her predominant cO:Il.dhl0lt She ispern~dU~d,> however, to pronounce Talbyah, remembrance of AUall and supplication as much ,a~she wh;hes; ,.. AmenstruaJtw.ng: woman is ordered to wash hersel f~since

a menstruadng woman ~ is not permuted

,tile Prophet

(peace be upon lliI'n) ordered Asma ~ to take a~

Ihram, when the former suffered puerperal bl~eding frollow:ing ('tIe birth, of 'Muhammad b~n Abu Baler. He (peace be tripon.:nini) also ordered aU women

ritual Ibarhuponmaking

o foUow suit. He further ordered ~A'j'ishatii~ when she menstruated to take a bath and make Ihram 'for pilgrimage. He (peace

women AU;ab and remember

_ upon bini) also _ be, pennlaed menstruating to pronounce Talbyah, at.meud ~Arafah, supplicate

H1m, 'w:ithout a need to take. a ritual

bath or. perform ,ablution.Contra,ry to persons 'who are dtually . impur-e due 'to seminal discharge, al] these aces will not be disapP'fO'ved Q1n theirpart of menstruating women, This is because they are ill need to do that." and. ritual ba;thing or ablution cannot remove the'il' continaous ritual impurity" But this is not ~he case concerning the ritual

bathing 'made before lhram, tor it is made for the sake of cleanliness, such as the bathing on Priday, A question. is raised here: Can Tayanunnm be a, compensadon .of SUC'll 'kinds o,f bathing, as 'weU as the

washing of a. deceased when water is lacking?

There are two opinions" one is for and the other .~ against .. s
The previously m..... ntioned 'b'a,.·,~'~m'-nfJ which "W"'O'I'1t[l'~:IfiI' d '0' ,··l!IU11IL ~ even she' is menstruadng or contined, is not Iike ritual ba-dting, 'made after dtu!;l impurity due to seminal discharge, nor like a'blution made tobe out of the state of minor impurity, However ~ a menstruating woman is no I:
~. 1,·11.,. 'If
I '_ .:_~,_;. "~,

L-1l,U,

~::.

, ..

~;ill; I'!'~

......

,t~~I."_'"l,

,',

-

_,!ILI.~~~

.

p

required, to mite: a bath up on her arr w val
~he occasion of ,attend'in,g' Arafah,
but not forbidden

tLQ,

Mecca and
.

at

As. a menstruaring woman is forbidden Ito perform Prayer,
to say remembrance of ,AUah without disapprcval , ihe difference becomes clear between when ill

needed and what is not needed,

Argument: person ~1.]J.e to seminal discharge and nne who is not taking ablution are permitted to say all kindsof remembrance of Allah ~ thus tbere is no resrtiction is thi s . Refutatiom . A f](ilLlalRy impure;' ',person, due to seminal "discharge is
A ritually impure
,

forbruddento recite the 'Holy QMf'-an., :If. is disapproved fm," him '~O 11'U~,k.e Adhan [c~,Ufor Prayer .l deliver a, sermon or to sleep without performing' ablution. It is also disa:pproyed for ' himto perform tile rituals without purification, despite his ability to 'mate purification

It j s ·a'~o recommended to' onewho is not taking ab hni 011 to s make purification be fore the remembrance ofAltah. The

Prophet '(pe:ace beupon him) said: "I did not like to remember Allah witboulbeing ritually 'pure. ,; . A mensrruating woman, howeve,r. 'w is not recommended [,0 do any of these things, At the same rime, the: remembrance she makes ,wwth puri flcat~on 1m s UO~, di sapproved, due to out the uninterrupted reports in I~heProphenc Sunnah which
supported ~h;a.t
.1'

.

'

.

,

,

*
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1,

i

I'P
• •• I

.
". I

< .'

.

Recitation of 'the:Holy 'Qur'.;uj t··, mens t.rua'i_ln,~woma'll
• ! •

'.

br a
.

Scholars disputed over this question, There :i s no prn ~ I ~ from the SUIUl31h that forbids a.' menstruatingwoman ~.~ ~
7.K

recite 'the Holy Qur'an. As for the hadith: "Neithera ~ nenstruating woman, nor that who 'becomes ri tuall y impure dillJe' seminal discharge is permitted to recite any [0 portion from the: Holy Qur'an, n this narration is-judged .a~

weak by the scho lars of hadith stud .. It is not traced bac k ies,
to

the Prophet (peace be upon him)

recitatien of the H ol y Qur' an is prohibited to menstruating women, 'the Prophet (peace- be upon him) would. have prohibited. women in his time and the judgmeet 'would have been conveyed to the Musli m
If COID1.11Unit-y through
the Mothers

of Believers

j.e.

the:

Prophet' s wives.
,

,

* ,, *
hi ,a Mosque

Mens:truation andI" tikaf (ISeclusion' for worship)

indica.te5, that prohi bit'i~g:'it menstruating woman 'to .circumambulate is just like prohibiting her to seclude in
'the, because of'ruts sacredness. Otherwise, menstruation does , not invalidate her seclusi on, because it is out of her hand, The mosque ,is prohibited for her and not seclusion, because she is not obliged 'to stay in the mosque

tl~isaiSo

mosque, If 'wt had been. permissible for her 'in spite of continuous menstruation, 'the mosque would have been
permissi ble for cfuemenstruating women.

As t7 circumambulation, 'it 'is not '~(),b~: .p~rfonried except ln the Sac red Mosque as it is' restricte d ~o a certain ])1] ac e .

or'

It is not like r~dka.f. for it is permissible for the person who secluded. : himself .... to get out of the .mo sque for necessides such EJS alleviating me call of nature and eating

and. drinking.

.:.....
.

..

Whe·n he is out of the.· mosque he js, still in. ~he.state of seclusion, and. :it is :~ot permissible 'for him to have intercourse witt Thljswife as AJbih said:"~!Do not associate with your 'wives whife you are in-retreat in the mosques, " The phrase' ;uin the mosques" is related to tbe phrase "in retreat ;" and not the verb ."associate because having intercourse 'with one's . wife is .not permissible in the
t~, ,.

.

,I,

'.

:

mosque whether for a person who secfuded himself in or not. W'hen such person is obliged to ,Ketout of the mosque . for necessity; it not permissible for 'him, to have intercourse with his wife.

is

. . . . .: . ~
.

:. - .

.

..

I'

.. ...
••

r

.

...

for . a -"menstruating'
menstruation
. .

As long as this act resembles 1"" tikaf, and 'it is permissible
woman.'.

has
f'

the acts of I..··dkaf~circumambulation and prayer when He

not cut ofthef F'tikaf. Allah menti 0 ned.
.. .. .

to" 'ge:t. ou.i"· for - necessity,

referred to cleaning and sanctifying H.. House as He said: is '~~SaocdfyMyHouse'f«r ·those: who co~pass :it round, or ·uSe. it as ,R. ret:reat,. or .bow, or prostrate them.selv·es· . ('therein inPrave'l~ \ ." . . ',.... ,.', . '-':r 'J .. I!I,
l

I

. • • ••I .

Preventing menstruating women to. enter the 'mosque is one of the ~i,gnsof its purity' sanctity, Circumambslationi s

and

just

could be performed in any part of the eareh and is not restricted to a certain 'mosque During. prayer, certain acts are prohibited while during circumambulation or I Hkaf., they are not,
like
+

I' tikaf not prayer ~ 'because prayer

Summary

clrcillnalllbu.lall~Qn is an act of devotion that is not related to lhram. 'Therefore, obligatory circumamnulation :[s only due after the first part of Hajj ~ The pilgrim is to circumambulate as Allah said: "Then let them complete the rltes prescribed for them, perform. their VOWS.,W1 d (again.) circumambulate the AncientH:ouse,,~' Pilgrims ciscumambutate alter they 'have finished the first part of Hajji and nothing is prohibited 'for them except h2J( ving
intercoursewirh their wives.. . .
.

In fact,

...

..

.. ...

.

.

.'

..

'.
" ,"

. .

pilgrim not nullified according [0. the unanimoua agreement 0"1 Muslim scholars. If it has been an act of worship" it is 'restricted to the Sacred Mosque, but I" tika f may be done
, ' •. ",.'", ", .f .•• 1:: •• ~ •.••

.:',', If a

.: . :' . '.' .' '. .... :J ;.::. . .. 'has intercourse dur~nn. this period,
= '_
I·_i, .,~. _.',

,

.: .... his Ha.'U···.,p is
'. ,,",(OL',IO"

.',. ,.]]. ii' .' .... In d ...mosques.,, A"·11····h·:.... )'.. '. ·d: ~'h'at .. IS .'..0 ';.. 'Ii..., ::'-. ("t·]ec . .. ,Cl e:QJOlflf, a. his ,H" use llJe saned,1 ·'1
c. I~ ..

.and. purified

nc~
I~ .. ~.

seclude themselves in. it, bow and prostrate, circumambulation is
fOol'

those
I ....
j

who circumambulate,

.'IlI Q.

type rf prayer,
<e , -.~.

'0· ,_,

, ..

l_,~::

W' '.' '11,!G>'f]-· ~.L.
,,'

one
v~, ..

1~1!~."iC>f'.i y''Il,.,aI~~

not perform anv It" J'
.:v'!Ib,,~' 1,,", QW",

"':;,f 'UI._

Ha.U or. ~Umrah, be should slaughter an animal (a sheep, goat or a camel)"
the rituals required in

IU

If .he does not perform an obligatory act during circumambuladon, .' this is a point of discourse where' Is, i.t similar to the one who does not perform any of therituals required in Hajji or "Umrah? Isth';s. judgment applicable only. in ,case of ignoring an independent ritual? Or ignoring it whi le he is. able to do if? Or ignoring a ritual, closely related to Hajjand """ Umrah?
.

scholars exert their efforts to reach a judgment.

'.';.
,

.....
.

.

There

Ire' claims thai"

circumamoulate

beceuse: of menstruation,

when' .'a,' womenIs
.

return home while she is. s,till

just like those who are prevented from performing Haji (Muhsar), Hajj is no lo'~:e'robUgato:ry on her or the obligatory circumambulanon is not due on her; an such claims do not 'conform with the; fundamentals of Islamic legislation ..,','J know none of the Imams 'who delivered such r-uling as. in, this. case, '
t

in her state of Ihram ~ treated

unable to 'she should
-

As for the saying 'of some Imams
an animel Of"m:erurn.

ill heir state of Ihram, this. is a. generalized sa:ying' only applicable on their age, Insuch age, a woman could stay in Mecca 'untiJ menstruation .~ s over and she can perform circumambulation accordingly.

home

that she should slatjghter

'The scholars of this age 'Used to order those responsible r~ ~r the H' '~I.'·": JOlU ",'ney 1,,0 stay 1:0 1,'I'.I!~CCa,;."1' .mensnuanu .. "' nn "", -, titu,, ne "all u women are pure and, they perto nn e ircumambulation,
f,' i'F' .", '~.ff"1 ,'1'-', ,."

imam, ,:Malwk,"and .other; scht)]atrs see~har~,.the,.per~on in c,harg:e '.of the" HJajj journey should stay undl menstruating wO'me'Fl.:. re " pure, and they pe rform circumarnbnlation. Yet a
his. followers say" that he" is not endtled to stay at this age, because of the: deia.~,"' and hanil that afflict 'hirn,. - ... {" Jr"
r ~ ,':

"

',.E

.

"

. ..

Scholars' ,stipulatioL1" that .ritual purity.. is, a.eondition for
circumambul ad 0:11

that when a woman. is able to circumambulate .when ,she,.' is ritually impm:,e~:and. uot when she is unable, to' do so. If SCHne say that circumambulation is obligatory fn both ritual.purity and impurity, the re 'l s disagree ment 'with such saying" Allah knows best, Mary Allah have peace on Prophet
'

should. be . ]n~e:rpreted

,

Muhammad. .
". oil.· ",. •

,

;

"',

~
"

"

,
.....

'

•.

..

i

-'1"

,

'

j: .n.f'l'to1a-m":', Q""' "11,9 s,'ni1i1~;"lk'l]"" .1I.~1> .. 'whi,ehhappens to many
+'
T'

_.,'

_~

',I.~.~~."

•.

IV

'.

""'UJ''Cii'it! ~1.1 .:: YY.·CIL.:;Ji.

ask 'ed .fI' about menstruation bUt.· WOIllJIDen during Hajj and the
:t:_l2i ~~>'"
.IU .• _ l~J~_

..

...

:

;i:lIil,7

It.,,_.

various cases of

83

][., Some may menstruare at the very begiJming of Hajj while others during the Tashriq day,s'?

• The: first

case:

beginnin,g, .. of circumambulate except in this case off ritual impurlty. When standing at~"Arafah, some' yeUowisband

A woman may menstruate air tbe: the month, and. she can 'not

brownish materials get out of her vagina even after she has been pure. Whit 'is the le,gal judg,Rlent :i:n this case?

• The second case: .A woman. nsnally menstruates from
I .~~.
I....
,1',_ ,.

the f."t- tt.'i!<. u.r the"'"Ot nth 1w..~lL~1 th"'" : tii t.....Q,11-"'" ..JlilI'~,! t,~ .w~,. ~~I~~ . _JWIL.:o ,01 U!Cij,.J' o.. the " month or' even more, She stood ar .,Arafah, thr1ew the pebbles", and, performed the Ifadah circumambulation while ';sheis 'mensnuat~ng., Besides, she has not
II. . l~ il:'j!OIi'!liI''';''["1~ ¥~, __

managed to perform "Umrah.

• The: £b~:rd.case:
concealed

A woman stood. at ."A ra fah, 't!lJe;w I~Jle pebbles; and headed for thelfa,dah circumambulation 'but she menstruated. She has, not performed it and
the Blatter. Sbehad
the dIe sire to perfo rm ..Umrah but $lle

did. not. She returned home without 'c:irclLLmamb~'lation~ performing ..Umrah, or .slaugllttdng an anima~. (as a
ranJ;OlDJ ...

all rituals except for .circumam1Julati:on accordil1.gIto the tradttions of (be 'rop"ke~ (peace be upon him) and the unanimous .agreem,entofMuslhn Imams, The Prophet (peace be upon him) said: ~(A menstrua:till~. woman shouldperfGrm aU iitlllak except for Icircuma:mbulaUon.·j{! Wben Asma bint .Ab~.Bakr gave birth. to a baby ~atObi Al ..Hulaifah, the Prophet ordered her to wash and enter :iooothe state of Ihram., ·When "'A~'jsh:m menstruated at Saraf, he ordered her to wash and enter into the state of lhram fur H~ii~ stand at "An~fa.b" bur she shou1d not circumambulate .around the- Sacred House,
woman

A:

A

meastruatlng

sttHJ!l.dd perform

'What if yellowish and bro,wnish materialsgetour of her vagina? . Thel!eare three opinicns adopted by scholars hi· Ahmed's juristic school and o~heFs. .

The frnr.s~ oplluon is tnat such yellowish and brownish :rnamerials. are signs of menstruanon, The .second is. ~h~t
they are not

materials get out along w:i:thdie 1:dla}ck and red. blond, [hey are a S;~.ifl of menstruanon. Otherwise they are not,

The ..third is me, mostproper one, I f such

because women used Ito send to ..,I\. ~ishah at piece of cotton they 'have put in their .vaginas in order ~o check, whether they becofllepure or 'nOL ".A 'ishah used to reply: Do not haste until you see it white (without any other colored material s) . Thus before seeing i~,white, they.used period as the momhly period. Umm .consider a~] this ~Atiyahalso said:

[lO

Aft-e,r. purity from rnenssruanon, w~ were not used to pay the least attention to ye llowish and brownish 11121! te ria] s aet tin 0: QUi'I~,.. tJ' ae V 'Jog'. in'" of "t,.
:::;" ,I~[ '~ .... .1;.0

'H.I.'

According . to the unam n1:0lIS agreement
scholars ~ rirual
impurity

om~ Mu sli m
for'

is

a

condition

circumambulation around the House.: In case of other , . rituals, impurity IS not a condition. As for circumambalation between Safa and Marwah, there is dispute among scholars about it but.the majority of them believe that ritual purity .is '[lot one 'Of its. conditions, As for
the rest of rituals, ritual purity is ftlJ,Q:r condition accordinz a to the unanimous agreement of Muslim scholars.

There

'is dispute among .scholars regarding ritual purity, - b;,

it at condition -fo r proper c ireumamh u~at~()n jUS{: as for prayer'?

'Or is it an ollUg31tory act which, if ignored, one should slaughter an arumal?[n this last case, it is similar. to dle ,. one: who eneers into the state of Ihram from a place other thanthe Miqat or the one who did not throw the pebbles, this case as r!epor~dby ..Ahmed, The most famous one is also adopted 'by Malik and Sha fi' w. It stipulates that ritual purity is a
OIl

There .are two famouspoints

of view

condition for circumambulation. If a person circamamburates in II state of raual impurity Of during menstruarion whether he/she forgets or bas not known so, bu.t later knew j,he :sho!Ldd perfo rm eire umambulati on .. again. The' secondopinion is that ritualpurityis obligarory and if one was ~.tllpure,he sh.ou,~,dslaughter an animal, According to Abu Hanifah the one in a state ofmajor ritual impurity O'r":a menstruating woman should, slaughter a camel, while a. 'person in a state of minor ritual impurity should slaughter a sheep,
As for ImamAhmed, he-did not define the type of animal to be ..slaughtered whether it .~ a camel or a sheep He s stated . 'it ekarl y when he asked abouta person in a state 0"[ major' "ritual impurity who circumambulated, and Imam
+

Ahmed replied that he ShOldd slaughter an animal, Some
of his foUOW,f;rs ,a)p:p~.yhese, ruliAgs 'when a person bas an t excuse such as forgetfulness, while others, apply .them as they are without making distinction whether a person is

excused or 'Dot.
8·"

'," ,

ritual impurity for circumamoularion argue that il is just like prayer, AnNasa) i and OJhe:rs, reported, that Ibn '~Abbas narrated that Scholars , wbo stipulate

the Prophet (peac,e, be upon him) said: ~'A naked person
should not circumambulate around the Sacred House. ~'~ Allah abe, said: "Wear YOliU· ,be'autif~-d app.Q'f'el ,at every

tlmeundplaee Qf pruyer" This verse was revealed when the po lytheists used to c ircumambulate around the Sacred House -whne they are naked except fur a tribe called A~,Hums. who" ,used to 'w'ear their clothes during ., b " cucumamnu ]anen. . ..~ Naked. polytheists used. to argue that th,ey had disobeyed Allah in these clothes and. hence they 'would 'pit them off during -circurnambulation. .If'. they found clothes worn by Al- Hums tribe, they would wear them; otherwisde, [bey would circumambulate while they are naked. Once [bey circumambulate in At-Hums. clothes, they would throw them away..•. " ':, '' ' ,, " "
~{!

i

..

.

,

'

'

These were innovations made 'by the polytheists during cireumarneulation and dley also.prohibited some kinds 'Of fonds when they are ill a state of Ihram. Therefore Allah revealed this verse: ~'Wear 'Y~)'iIJ.lr ne'antifbl a,ppaJ:'e-iat

every time and p,lace of prayer: eat ,and ,drillk::but' W3SltLC' not- be exeess; ,jOf' , : Allah~oves net 'the wasters,
Say: who" has :frorbiddeu, the beaudful {gifts) of AJlah~ 'wh~ch He has prodnce'd "or hisservants, and th,e '~hings; clean and pure, (w'bich He has' :provided) fOI;'
sustenanee?" 'He also said: uWb.en'they do ,aulbl 'tba.t is

shameful, th~y' ,say: "Wefound ourfatbers doing so": ~~Alnil.. CV.illiI.L isnded r--~4e1..1I~i~1~!I· I "" "'''''i*"-m' .c!la.:t u:N···.. oa.w.·_·", A,1la11 y RnU.:iiI . u~ ~J _
,~Ic.c . ftIIi;llll.l. _

lJJ,U!~;,

~. _ .•.' •

.

never oomutandswhat is shmn.eful: 11,0 you say of .Allan
what YOUItnow Dot?!1 '. act ' l"IDle:nmitined:" ~ 111.· ~. 'the: "..' verse,"; w's circumambularion -around, mheSacred House while they are

r~ie: .' SmW_;arwe:rul

naked..'
Henee,

.".

is . obligatory' Jtj,]' ch:cuma(Lniid,ati.on~ ..according t» the unanimous agreement of Muslun scholara and,,' ~lle: divine texts. As for' cJtH1sidedng it as a condition' for circumambularion just [ike prayer " there is dispute muong scholars in. this regard. Scho lars who adopt that it is not 'a, condition believe that there are obligatory acts in the Hajj r.ansonle:db,Yslaughtering an animal, Such acts are 'motconditions fat '3, sound H ail and if a pilgrim d.id. not perform them on -','j., - .;\,,",p, v pilll-",("'-... or t~fl..Ji!g'.:Atfu"I]-l.-f• he C'lhv~,liil·~: . v.~. _.., ..,.... ) ,. ~,~y slaushter an animal, This ~, . __ _ ... _ is not the case 'with prayer, .
.:111.> .:!~~....

. ,major "ritual

impurity

A'1"'e there obljgatory

if'~lO~done, .~(~S still 'valid? is it not valid if 'he- did1 [mot' 'perform them forgetful ly? There is a famous dispute on dlis, po rut. A bli Hanifah believes that there are obligatory acts such as
reciting surah Al-Patihah and tranquility, If such acts were not done, prayer is sd n valid, Thi s is one 0 f the op inm ons in Ahmed's juristic school, According to .Ahmed, coagregational prayer is obligatory but it is not a condition for the validity of prayer "< When a person does not perform some acts forgetfully ~and he pro strated twice .after the end of prayer, such act is obligatory in. prayer, Yet there are

a,c.[s~nprayler which;

otber _ acts such as avoiding impurities, whtc;11!.~,f ignored, a person must perform the prayer again within the legal time. If such. time is over, he should not perform itaaaiu, ~ ,__

As for the second. ,qu.estion.::
When a 'woman menstruates and becomes. 'pure' before the Slaughter Day, ..she' ~is not entitled to 'perform the arrival circumambulation. She is (0 perform the lfadah circumambulation 00n. the. Slaughter Day or af~r It, If she
perform the. Ifadah· circumambulation while she is.ritually pure; but Jatet she menstruates and has not become pure before leaving Mecca, she is. not endded to perform the Farewell circumambulation according to the tradition of Prophet (peace be upon :~~lll]),.Hellowed for the woman a who circumambulated during. her purity but late r menstruated not 1[0' .perfonll.:. the . Farewell Circumambulation, When his wife, . Mother. of the ~ '. "Believers Safiah 'menstruated .on ·the Sl.tug·b;ter Day. be
'I .

said: "Will she prevent us from .leaving Mecca?" They replied: "She ·has. already performed the Ifadah ctrcumambulation .. He said; "She is not entitled to
~i' .'

perform the 'Farewell' circumambulation, ~,.
lf she menstruated; before 'I:fad_ah she
j,'

UIUS.t

stay in Mecca

until she is, ritually pure and then' she can ·c:ru:[cumalnbulate. People with her should stay as well if they can, In old
times ~.'roads were' secure and. people used to visit Mecca throughout the whole :year, :A· woman, her family .and those responsible for the' Hajj journey were able to stay in.

Mecca until she is ritually pure' and . performs circumambulation, Scholars used. to order people to do so+
90

may even ordered :tbuse in charge of the Hajj journey ~o stay unt~l meastruating wornen aile pure as did the Prophet (peace be upon him)
They
a

AbuHurairah '(may AUab be pleased wlrh h~:m)said: A person rna y act as a p rince while he ',i S not, It IDS a woman who menstruated before. Ifadah and the people her would stay unti ~ she j s ritual 1y pure and pertorms circmeambulation. women could not stay after the :H~Ji arty p leaves Mecca, They usua.Uy leave Mecca a day; two or three after the Tashriq, A womanmay have menstruated on th,e Slaughter Day and. she will be pure after se ven days or I. nrec, he coul AI not '"tav in M'0C":;:u U o· <:,[U'-,,:;..'_lS 1111..UULuy 11lv.' .... -~ 1111 _ ' . ' .. v·i "J,1. ) ',. .d ,ju,.;; pure, either because she doe s not have enough money or there are, no people to stay with them and return home in

.

-

Nowadays,

1110St

·S···

'y ,~ ~ ..

A "o.r;,;} "-

iI' ~]

ft'- . .

their company.
She may be afraid that a harm may afflict her, 'her money maybe spent during such stay" O[ she may retur n home a 'fier her 00 mp any Besides, the party in he r company Ina y not be able to stay 'with her either because theycan not
+

'reEurnalom];,e, or because they fear that they may be exposed to any danger that affects their lives and money,
Sometimes, theyma y be ab ~eto stay ,bu.t they do net do m t., Thus her excuse remains rhe same. This is a very common master. Once IDiswornalil. circumambulated while' she is menstruating and. ]ater ransomed thi s acr by slaughtering ll. camel or a sheep, her M.ajj is sound. according 'to Abu Hanifah and Ahmed who
91

J

believe jhat majnr ritual impurity is, not a cendition for circumambll1~ationi,B'es~des,~ she has excuse. Yet. wsit ~
pe:mliss~blefor her to eircumambulate

an

while she bas, all

excuse? This is ill controversial point among seholars ,. In addition. if ci.rC1JmanTlJbulaJtion is, considered as a condition
of HaJj) can one perform Hajj without taking this condition, into consider,a.tion? Is circumambularioo valid in this case? This the point most people need to know. ltru s more

convenient to s~,y that a person is entitled to perform the
obllii,ga'toFY acts he could do"

As for

which he can '[lot do, '~he'yare not obligatory, In. this ease, a woman wUI cjrcumambufate, W'asI'll even if
3,(:"&8,

she had been menstruating as when sbe en~f:rs into the stare of Jh:rall1, puts pieees of cloth or the lik.e around her pri vate parts. This is tfu.ernos~· easonable legal opinion for r
the: following reasons: following five acts,

Fir,st:. this woman can do llotlhrung except for (]iuy of the 1. She: should stay until she is ritually pure and then circumambulares. What WID 11 be the case if she has 110 money to support her or apl . ce to take as shelter? If a she did. not 'te®urn borne ;;lnd simyed 'in Mecea, some
1112L~{ oblige

her to adultery

01

even

1"0b

her money if she

has ~ny. 2. She should. return home w'~'~ijou~ performing circumambuladon and she, 8~a'ys there inner stare of
Ihram until she is able to return to Mecca once again, If she can not ~ she should. be in her stare of Ihram until

She dies. 3. She should get Gut of the state of Ih~.anlust 11k,e' j those

prevented

from completing Hajj", but she is still entitled to complete it once s:he enters Mecca according '[0 the unanimous agreement of M\Jls~im scholars, This same case, applies to those prevented from completing the H,aj. Yet, if they enter into the state of lliram, wirh the intention of performing 'Hajj Dr ..Umrah, and later they wen! ' prevented from co!mpleling it, arethey entitled '[0 perform it again? In this regard, there are two famous opinions adopled by. Ahmed", The first of them, also adopted by Malik and Shafi"I is that they s.hould not perform itt again. The second, also adopted by Abu Harufah is that they should
a-

Both 'parties, mentioned the Case" Umrah. Some say that
'the Prophet (peace be upon him) performed it again while

others say that he did not. His companions were more than
'one thousand and four hundreds, and those who performed Umrah with him next year were much less in number. It was caned the Case ".U1TIl"ah because there was, some sort of a case between the Prophet (peace be upon him) and the polytheists, not because he performed it again. It was an independent -.. mrah, U
4. W'henev,er a

and hence she can not -eircurnambulaje while she; is pure, she is

woman expects .tomenstruate

not to 'be enj oined to perform Hajj. About fi fty percent of women menstruate either on-the tenth day 'Of the

ITIOntb or days before it Their menstruation lasts one,

a woman performed Hajj, she jnust have .recourse to any of' di.e abovie-mentioned three options, unless she would circumambulate wbUe she is menstruaring.:
beenjoined to perform. the.' first option, .because .-itIeads 'to doing away
WQJI11an· not [0

two or three days after ~h,eTashrjq. Therefore, they ~ almost always, can not perform the Uadah Circumambulation -when they 'Ire ritually pure. Even if

It is' 'weU :known .'that .at

is

with her-religion and worldly affairs.. lt is also well .known that .A.Uah prohibits such. matters, how comes that He enjoins j·el : . .; . ,.:
"!_ • • ....

The second 'Option' is notalso permissible for the following
three re;lsons: .

A··I'11,,1 ' 'y' F··~·I';·I·st···· h n eve ord ers anybod .,:_' ~'O··.'. stay '1"[71 j'''le' s,~·r:blf# 0',1'" 1J lhram .umil he dies. When a. person is. prevented from completing rituals by. an enemy; he ha s .the ~d.l right to end the state of fhram according to the unanimous agreement of Muslim scholars. .if be bad been. prevented because of an jllness or poverty. this is a falUOIJ.S point of dispute among scholars. There' "is no objection to those who allowed him to end the state of lhram. .. ' .
, ., I. - 'II
L::

....
L(,

~
. __

.

.'
Lli. ~ _ .. lIJ.

= WI~-

I

~

'f. _ '1" l

-.",

. - ," . =

_',

lib·

L~

,'I!.~'lllL,~·

I,

I

'11' ,.'.: '.'. ho -," .'.'ented .IUn. rrom en. ,lll=, the ,s,,3i. eo. .1 1.;'au} hr I .'.... Y··-· ·,d-··'P' ie .·,I':lt·., of 'jTh' 1 I' ..]0 se W 0 prevenre say that the 'harm caused by Inness or poverty does nne 'co-me to an end once he-put an end ·W, the state: of Ihrarn. hl case of prevention by an enemy, putting an end to the state 'of Ulr:am,'will allow him It() return to his conntrvand do iI,. whatever acts prohlbited d'ndng Ihram. ~f'he lost Hajj, he
,f,:'..

'can

'p".
,

ut an lend to me state of Ihram

by performina a, !t:"
to' ~I

.~

eomp 'en:sato'ro)! "U mrah, ,
,

his 'H~jj or' Umrah,The peerperson's need to cemplete tbe Hajj journey w s just nke his, need to return, and therefore both the' sick and the poor should not put a~ end to ,~he'statle' of llir,am. 'They, willnot make use' of ending it. If this-argument is valid, preventing him, from puning an end to Ule state o,f Ihram is the most proper opinion, Oth-ierwise the_. first oninion that 'l4Ii""'~~iOIU'I,Ai nu t. a '11 ~,_, _'It", . _'" '." - 'n' U,I. ..;.li,W;v _' U, ~ ~__ '~ '. end __ the state of Ihram is 1110re proper. If the second op,jn~OI1is
=
=

As for the sick, once he: restores lli s he31l~h, he can resume

LW,~,

,.:3,

._ ,.~,~-

.1,_-,

_"

U _ .l,lIJi~

iI,.~~1.

adopted,

this means that. there: must be agreement iunong scholars that once the stare of lhram may cause anyharm ~ it is permissible for one t40 put an 'end to it. It is Wen known' that if the' woman keeps her starecf IbIMn ~ it is prohibited to ha ve sexual. mtercourse wi rh ber. In another juristic school, even the mtroducsorv acts of intercourse are prohi bited. It i8 ,~lsopr.ohibiwdl forher to marry ~ apply perfumes and ~shooting accordingto tbe opinion .of SOln,E~ scholars, y'et" our religion, never enjo inssuch. ;. ' If some claim that a from completing HaE or" Umrah because of severeillness or abject poverty

pers-on' 'pr'f'venred

which" does not allow :b]m~o travel, and hence hekeeps his state of 'uiram, such saying is[efuted~ccordini to till" fundatmenrals, of religiou, No' j urise has ever sa d tha t ~1 very sick person _sh.ou:~d keep his state 0f FhrarrlJ unt~ Ill' [I dies, Instead, another Olr]e' to perform Hajj on bell a Ji 1-(I; is
m

him if 'he has sufficient
Ahmed.

'money according to Shaft" I and

According .to Imam Ma]lt,. physical' ability makes Ha; obligatory on a Muslim, According to Abu Hanifah, both physical and 'financial 'abiU~ies are required for H~U., Ahmed shares this point of view. None of the. Muslim Imams ever said that 31, very: sick 'person is allowed to perform Hajj or ," Umrah. How' C01fl1eS that be' keeps the state of Ihram until he dies _and: is entitled to compete

Ha.ifl
Second; ..Such" woman may return home and then travelto Mecca once again bu!t she 11My be exposed to the very same condirions of the first journey. She can noe return home except with her company and. she may menstruate during her stay at Mecca .. .
I

.

.

-

.
"

..

_

Third: This' "m,e'tins, d~at such woman w~ll travel twice for
illegat. This 'ruling is not in conformity with thefundamentals of religion, Allah made Hajj obligatory on people just once during their lifetime. A

Hajj 'without, doing anything

person may perform

Hajj again because he committed an illegal acr that invalidated his Ihram,

Yet" such person does So because he 'did 'not conform with
the regular procedures of 'Hail such as not standing at "Arafah, He may have no idea about the road" or follov.'ed another which is not tracked by "lost people ,. and hence he did not perform H.ajj and he should perform 'it again. A menstruating woman has. not made anything in

disconformity

the Prophet (peace be upon hun) allowed her not to perform

with

the

rules of Hajj, Therefore,

the Farewell and Arrival circumambulation traditions narrated by "A 'ishah and, Safiah.
state of Ihram just like

as tn the

As for the. second option that she shoukt put an rend 'no (he
the people prevented from completing Hajji or "Umrah~ this is a more proper argument as said by 501ne scholars, Her fear to stay in Mecca until she circumambulates is. similar to her fear of o' all .'.-,',-,, ' eneluy: wb__" prevents her from circumam -bulatien A", , .ii!".,!",11 ,"' Muslim is never enjoined to perform Hajjwhile there: are conditions that may prevent. him, from domg it.Tf a person believes that :if he intends to perfccra Hajj, but he will be prevented from cornpleting it, Hajj 'is not obligatory on
""-''Il",'W,J,i,i) '._ ,~'"

,L.i

"" .

',:i_

_,

l,

",,-

.him ataJ 1. Safe roads
are
1, •• _. '__:_:::'I::J_

'~O Mecca,

and enough time to travel
to the unanimous

obligatory conditions ereemenr of M'11'·S:·11"'ffil -'8·' 0. a.l,:.JJJ .. ,': .LI, .. "
Ii!

according

There is dispute whether these conditions necessitate Ht~H j".e.' .when (1, man has enough money and the means 0 f .transport but: he fears that the way to Meccamay not be ·s!afe 0'[' there isnot enough time togo there, is Hajj oblruga1lory on him'? Cam anyone: perform H ~.t]jon behalf 0 f
,

.

'him atter he dies? Or is it not obligatory on him at all?

There are two opinions in this regard. If a scholar says that such
I

WOU12Ul

is prevented

from

eomp,],eth:l.g Hajj and hence she can end, ~hestate of Ihraru,

he 'is entitled tJO adopt the first option that Hajj is not obligatory or even desirable for women, According to such

argnmenr, Hajj js 'not legal for 'most women during these times because they are not able to perform some obligatory acts. during circumambulation. .,
,} is well know th~t this later opinion does not cnnfo rm t with the fundamentals of religion, Wben one is unable to perform some of the obUg,amury or de sirab~eaC'ts of

worship ,be sl10uld perform tile acts he .~ able to do. The: s Prophet (peace 'be upon ,hbllJ said: ,,'If I commanded you to do sonte~:hin.g, do 'W hatever you Cal'ID(of it)," A llah also

said:

'I~SO fear'

Alb(1Ias much as you. .ean, ',~

It is also wen known that prayer and 01nler acts of worship

greater than circumamouladon Ire obHgatory even if one can not petform some of its conditions and prerequisites, 'How comes that Hajj ia not o·bligatoIY· once a 'person is unable to' perform some of its conditions and prerequisites? ~
, ,.

some may say that she. should not perform the ,1 uon, ,. U; IS crre umam b. uia tier '-'f"'h'~~·',' aiI'· '.' "' disco n..01 111hy SO ]]1, lSCO rfc ,',' ·,t'. with the fundamentals of religion, Hajj is just standing at ..Arafalt ~nd circumambularion 'with· 'the '~tter being the .a 'best 'Of the tWO pillars" Therefore. ~c. is to be performed whether in Hajj; ..Umrah or even alone, There: are certain conditions fore i:'ruIl11naFTh1buJ t] on which are not requ ired a for standing ail ' A rafah. How comes that Hajj is 'perm] ssible withoutc ircumambulati O~1? Likewise
1"
l'

d'.·'iIl-.' rrac an

c_:', - -~"'",'('"

It is more 'suhable to say that it is permissible .-01' her to perform the Ifadah circumambulation before standing at ... rafah, In this case ~ ~ is ' Permiss ible for her to. A it
98

before or after standing at ..Arafah .. Yet, none of the Muslim 'Imams has permitted such act, There is ~U1 exception reported by the people of Basra who narrated that Imam Malik sees that i~ is permissible [0 circumambulate before standing at "Arafah if 'One has done so ,fbrgetfi..liUy'or OU~ of ignorance and later returned home ,. In this case, he is' not ,entitled to 'perform the Ifadah circumarebulate

,eircumambul ation, Therefore

'" ,

it may ,be said that the; .same ease is permissible for 'a mens~ru.atingwu:m3:n if" she has not managed to c ircumambulate before standing at ' Ara fah Yet, I k 1100W none' of the: Imams who 'professed such opinion,

As' for the case reported by Malik " one may say that when, a person forgets '[0 circumambulateor even doe's not .know ' that. it rus obligatory, his rerum to perform 'Hajj 'against is ,a great burden. Therefore, ~)e orde r :is not required for sue 11 excuse, The same thing is applicable as far' as ritual 'purity is concerned ace ording to Ahmed ~ juristic sch on 1, If s person ern rcumambulated while he:' is in a state of ri tual Impurity. but he forgot SO.,he has an excuse and therefore 'he may slaughter an annaat. ,

a

If 'he managed to perform most obligatory acts" how comes that, :H:ajj is 'not due w'hillie he has not done just some acts? 'It s'ho'U~~d'be 'known fuat a jnenstruattng woman ;,"
circumambulation is permissible and she should slauzhte
,

,

'

an .animal .

-

As for performing the obligatory circumambulation til'S! before standini at ..Arafah, it is not permissible al all. If one forgets, the order of performing acts of worship is not necessary according to the unanimous agreement of Muslim scholars. Yet, if one is unable, the order is necessary as in the prerequisites of prayer, The same thing applies when one has no enough time to perform such acts. according to the agreement of tll.emajO'rity of Muslim

scholars.
a '1I1ost-tne... trua t_~.~'g.. W_.·.··'O.·.JI·l-.. an 1 .. i !I. as J!3i.S me a bili 'l~ny to circumambulate 'before standing :itt .. Arafah when she is ritually pure, and after standing a~... Arafah but when she ritually rnJnpure, she should 1101t circumambulate except after standing at "Arafah .. From Ul~S very 'per spec tive , it is not allowed for ,~ woman to fast. before tile advent of
If
l"'V lW~ ;.j.".

Ramadan because she menstruates art Ramadan, Yet, she
fasts once its thne is obligatory, According to' the unanimous agreement of Muslim scholars, if there is contradiction between the time of a

certain

act of wrO,rsh.illpand some of its conditions and

prerequisues, [gnoring some of tile]atter is more acceptable .., If a person has the ability to pray before rime is due 'with complete ritual. purity and to avoid all sorts of impurities, while he can not do the same 'when its time is due, it is not permissible for him to perform it before irs
due tirne according to the Qur 'an, Sunnah and the

unanimous

agreement

of Muslim scholars, He shou'~d

perform itat ~ts due time, Similarly acts of worship are not to be delayed. after their
It'lO

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