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Fatwas of Muslim

Women .. ··.

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Ibn Taymyah

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DB" A,'~ M:a'nara'h'

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A.I= Manarah for Translation, Publishing & Distribution First edition t 420= 2000

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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

liiJ Translator' s note ,.,., i"" ••••••••••••••• ,.,., ••• , •• , •••••••• ;.;. , ••• , • i ••• 2 ~

Purification .. , , ,', ,. ",., , .• ,.,' ., + .. ,.,.,.; , , ,." + •.. , "' "' .. , +2.3

;;; Altered water because of its being i:n a place

for a. long time .. , , . ,. , . ;. , "' , .. , .. , .. , . ; , , , " . e e e. a . , .,23

Ii Men and women having Ghusl rpuriticatory bath)

from the same container , , , , .. ; " ' ! , • ,. , •. , .•••• .23

Copper utensils inlayed with silver. , , ., . ," a ••••••••.•. 24

[ii . Circumcision of women.v. ,' , ,., ; , 25

~ W.ip·~.ng over the head eov[er" ri; , , •• ,." •.•••••• ,. " 'i ,26

.1 Touching women , s , •.• +.; .••••.• ,,, , •••. ,. , .• ,; , ,.26

:. Touching the Holy Quran ,." " .. , , ""'! .28

• Carryi ng ~be Holy Quran " ; ,. , ' .. , .. , '0' " 2 8

tA . ~eadil1g the Qur [I an during puerperium .'

I(N'I.'fas) of. i 'i: .. Ii '" rio • '!' II; + !II' "!. " it' +. 'Ii"ofl i Ii' i i' til II .. II " I. if ,II " ~ ~ of. ,Ii ..... i, rio ., Iii ... " !!' .! !t. 'I, -fl •• ' of: .. :fI i· Ii: ii, I •• ' II! 29

!II Prayer, " ....... ' .. e e- ., ,,,: : •••. "" ." ., ., ••••• , " .••••• " •• , "" " ••• , 'n .••• , ... " • "" ...... 30

·ii M:aking up missed] pnly[ers " , " . , + ••• i •• i, •• , •• " •• " " , •••. , ., .30

11 Is makingnp missed prayer better Than performing

optional prayer ? " •. "., ., ;, , . i· .. · " ., •• " ',i 31

• Women's ornament. .. ", "·'~' i i •• · •••••• , ••••••••••••• ", ", •••• , .• 31

[. Concealing women's private parts from men and

'W <C)<:I111en •.• , .•• ' ••.. , •••.••.•••. , •. , ••• ,,,. " ,. a .. , ., •. , ...... " ••• " " "., .. :., ., •.•. , .; " • " •.•.• "' " • " ... .34

!I Showing ~h.e: face, t'he hands, and theteet before

Strangers , " " , !., •.••.•.•• ".". " .•••. , .' ••• , .. ,., ,., " ,', •••••• "".36,

[I Does a, woman have to cover her hands 'run. prayer? ". ".38

• The uncover ~111,g of a woman j[ s hajr during prayer, .. ,.41

•. A woman praying with the; surface 'of her fa-at ..

uncovered , '·h i.',. ,.'" " .• , • ,." ..••. , , .. ,., .•. , " ", .. '." .•.. , .·h a- 4'1.

:]

._

!!II Sewing silk for men and, women and getting

paid for it."."." ... " ..... '.;'.' ... '.;, .... ",,,,., .' .... '" ...... , •. ',." , .. """ .. ,,,.,,,,,42

'W' i ' " k 4~~ il\., . - ~ ','"",' omen s wearmg ,:: amens, +, '''' ••• '" ". ,."."". ,,, •• ,.,. ,. '. , ••• ,." '.". "' .43

~ The criterja of imitating the otber sex .. ,"" .. '"., " ' ' ,.44

,. Women I s wearing turbans .. ' '.' .' . ' ' " . _, , .. ' ,. " " . ,,48

LiI Isa Christian WODlan '[0 be buried a.mong Muslims? , .. 48.

~ Zakah .. , ' ...... ' ... ' .. ',.'.".".,. ", .. '" .. ,,,., .. ,,, .. "' .... '".'. ' .. , .. ' ... ' ... ,' ., .. ,.,,' ,.".,. ,.4'9

Ii Zakah of Jewelry ,,",. ","", .. , , ... " ..... ,." •.. ,.", ".'. '" .. " '".'.' ... ' ... '., .,49

Ii Zakah on a woman's dowry .. , .. , ,' .. " .. , , " ... ,.'. ""'," .'., , .. ,.50

II em the grandmother be a legitimate recipient

of Z~"'kI71- :'f':,·_ .. " d' ebt? 5" 2-

0_ ' a, a 1 ,m ,w.n, , ,f ,t. '. ' '. ' , .. , .. " " . '. " . , .. '. , " . '. " , .. , ..... ' ' ... , . " . ' .. ai, ••• , " • '" • '"' ,

.' Fasl,wng; ... '".,.,.". ,. ",. '"',.," . ",;., >" +. +, ••••• ,." •• ". '" ,;.', •• ' •••••• '. ' ••••••• ' •• , ;,5'3

.: Is a pregnantwoman, who is in no 'pain, allowed

not to fast for the sa te~y of her baby? ' .. , , " ; . " . , i 53

., Wharis a fasting Muslim allowed, to do? 'What wouldbreak his fasting: and what would not? .'. +., •••••• ' •••• 53 I" A man who could not fast or pray tight before

his Idea-til, •. ' .. ,',', "." ,,'" ' "." , ~" , ' ' i,""""'" •••• ,., •• ,,5'5

• Refraining: from going to extremes in

worshipping .Allah.,.".,., , ;,' 0;' i' ••• ,. '" '.'''". ' .. '""""'. '. ",.55

~ A woman going on, a pilgrimage without an

UWJru31rr ~ ageab Ie "kin, . , , " .. : ' _ .. ' .. ' ' " . , . , !,.5 7

., Can a-woman go on a pilgrimage on behalf

·[)if another? .,,' "+, + •• ' •••• , •• , ". ' •••••• ' •• ''" •• "" •• , ", • ., +,,' • < ' •• , .58

Ii' 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 rio Circumambulation of '~he Sacred, House made 'by

a menstruating woman ... ;, .. ,. + •••••••••••• , •• ,. , •• ;. ,.,.,.,., ., •• ' •• " .. S9

• Attending,' Atafah by amenstruating ·woman , 613

ii 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 .. '" ' , , , ., . '" ri, i ., " " ; , ••• , ., ., • ! ••• " ••• ,64,

Ii Forhidding a menstruating woman to. observe

F asting in Ramadan , a- a .•. , , .••••• , , ;, , • ; ,., • + , e ••• , ' •••••• , •••• 74,

I. Forbidding a menstruating woman to perform

'!!I Pl'a,yer.,.; .. ; .. ;,;.;., +,., •• , ,., ,., •• ". + , •• , .•.•• " •. , , ". " '74

Recttation of the Holy Qur'an by a menstruating

Woman., , " , ' E •• , •• ,: ••• , , , , •• , , •• ,. i. ,. "., ,. ,. , 7.8

!! Menstruation and I' tikaf (Seclusion in a Mosque

'for worship). E •• + , " •. , ., ,. , ., • , -e . e • e a , , 79

~I The prayen' of a menstruating 'woman ,. "'''''' ., ' l05

II From Endowment to M arriage , " , , " , ], 13-

~I Is i~ permissible to 'build a second floor over

a Mihrab (altar)? + s T' + •• a , ••.••••.•••••.••.•• E ••••••••.••••••.• '~ l 3-

• Assigning a will o r an endowment for one's

Neighbors, , , " " " , ,. E , ••• , ' •• , •••••• , ,. " , • ;, ., ; ., l ,13

ill Th - I'e' u nmarri e d . ·[· c ,ole ter ~r l ·4

.' .. ' ~I.-I._ U,,.,,., .. 1. ;0-; "."." .• , ••. s ,;:Jl -

ii' 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 rel atives

fr0111 the e state'l., .. ;., i •• , ""." • ,., 1 1-4

Iii A"· ·'Ii,1I·!liI"'i'nf'IIl!'.II'1f'iI1 l..:IiiWC" .. ",,:nl.]· '1' r"I(f' ·D""'V."I!.·[ do o .[ .. i!-·.r"!I1 .~ g'lii'n:lri'-p" '0" ,j." men

.. ,.,. V~~~~.~l U'" ·',,"di~ ,I:&I~ ,~A • 'L~('" IIlrU".· .. ,W,IULU· - -1. t: ~J.~. . .

and a mn dwelling next door to a group

{)I' women ", '''' ,."., , " ,., ,." , , .. 115

- ..

... .

. ::'1

• Assigning an endowment for theneedy relatives

of the deceased .• , ,.+, a ••••• , •••.••• , ••••• ,., •••• ,., •••••• , •••••••••• ' •••••• ,'". , •• 1 m6

,. Assigning the revenue of endowments for

shrouding: the poor deceased ,I, • , ••• , • , •• , , •• , ,." •• ,'. , ••• , ••• , •••• ' •• , ,.ll7

'iii 'G! "'J' A 'a- n ~~ g r ~,tll'~':1 "'Y" C"'II'-ni ari "'u and ores e nt '1 "j'1

_- .. _1 ,,~,ll.. 1_ •• ,U ,:-. I.~: _-~.IIJ~ ':, "" ,~.W..b _;I!;)' ',.L'::Jl U t="~w.! .,;-' _ -'.- .. a T i ,r..;. i T. -i"iI • or.,.. ,;,'. "'. 'Il '" ",. III •• '" t -.'

Ii The Undefined Gift ... ,., ... , ..... , .. , .. "." .... , .. ,.,., .... "" .. " .. I rs !I A WomanGiving a BooktoHerHusband

,as 8l Gift ..... , '. " .. r e •• " " , •• , .... '. ' ••• , • " • ' ••• " •• " .' •••• " ., • " n, .... ' • " " .' ••• ' • g " .' , '. "' '. • i 2 1

Ii Pri vHegIDDJg one of her CJ1] ldren fro m a. di ffe;m'e-n~

husband with a charity.". ", ' , .. , " ., " ., . " , .. , .' " ., . , .' ., , ,.l2 R

Ii The charity of a grandmother "', ,.,. , , ,.,. ,', ... ,.,. , .. ". n 22

!. The distribution of IDe estate .. ,' .'" .. , a ., •••• , • s •• , " '" + a .. , .123 lilA "father seizingthe possession of his. married

daughter after her death, " " '" , .. ,., ., , ., " ., a 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

ii Remitting a husband from. me dower at the

wi 'fe: t s death " . 0;, ,", • ,"", a ,," ,", ,." ,], 2,5

• A gift given to the 'wire' and children .. , .. i ii"",.,·i. i"i i, •• i •• ,.126

• A father returning :~n hi s; gift to. h~s, bad son. .. ". '. , . " ",' , " "' .127

iii IB!EQ'UEST,$, .. ". ' .. '. ' ,," . , .. ,., ' .. ",., , ' ,,, ,. '" ,. ,"., . 127

IiA bequest or an acknowledgmeat of a debt? , , , 128

Ii Making bequests of unequal sharesto

one's ,child,ren,.",."." , .. ,,",", .. ,'," .•... , .•. , ..•. , .... , ", ,,' .,., .... " } '29·

Ii A 'postponed oath ,," " .. " , .. " .,,, " a a ] 2~9

~ Annulment 'Of a bequest. , , " " ., i' " , " a ••• , + a a ••• ] 2:9

,. Can a nephew be ,an heir? .. " ." . ,. " .. " ." ., ... " " ... " . , ... ,. ' ..... 130:

~ Abequest to a husband, and a paternal uncle and

a, grandmother , .. '. ,., ." ' '" , .•. , , •.. ' , • " 131

~ A bequest of Hajj, ..... , .. ,.~ .. , '. ".',., ' ",.' ' , ' .. , ';,1.31.

.' Benefit for the deceased .. ,. '" ., '. " ' '" .' .. ' , .. ' , + 1. 32

.' 'The guardian of the orphan girl.i.; ' ' .. , , 13.3

.' IHERITAN'C,E , .. , ,n, ".,., •••• , " w a ,., •• "" .' •••• ' ••• ' I. 34

• Tbe share of the widow ,';" , ,., .. ,., .. " > ••• ;, ; •• 134

• The share of the husband from the inheritance

of his deceased wife , .. " ' , a.. ••• ,. , •• ' •• "' ., ' •••• , ••• , l34

liIHowto distribute the estate? ,.," .,' .' , , '. ~, .. ' .... '. ;, ;, . " ., ., . ' ' .. 135

flO The si sters and the daughters '" '. " " .. + .' •••••••• ' • " .. , 135

II Paternal and maternal brother-sand, sisters.' .. , ' ' .. ' ' .. ' . ] 36

III A husband" mother and maternal sister , , '. ,., .,1:36

• A, daughter, maternal brother and a 'male cousin, . i, , •• .137 ii' A husband, father tmother,. son and [daughter .. i •• , •••••• ' I 3,8

• The distribution of the estate between the

husband and the nephew. ...... , ,., , ,." "' , .. i' ,,;,,' i., 138

II The daughters of one's brother ,." .... " ' .. , ,., , ..... 140

ii A d.~vorc.ed~~hd.ce~-widow.,.,"." .. '.m.,." •• ', •• ,." ",.,." •• i i.'.'" .140 • Divorce beforeconsummation of marriage ..... ,' , .. ', .. - . ,.1 ,41 .. A husband who divorces his wife before his

death in w'.ay to disinherit her.""'!.,., ..... ,.i;.; •• i, ii,'", ,,, ... '. ~,42

,. 'M'" 'A>'·R··R!··,·[A····G',',E '14'5'

, ,. _ ~_.' I'. "'. ':-,'._ ii' '" .... 'I! j .... ' .' •• , .' .,1' ., •• "' • '":11 " ,II ,Il "" !II' .AI ! of' of' e 'I' + iii ;;; .., i··ii rr .. :il j '. '. 'It •• '. 'II II • '"'!II' r • _'.

• Proposing to marry a, woman alreadyengaged

-to another pe:rso[:n.", '" ., . , ., .. '" "' .. "' ....... "' .... , .. , .• , s ••• '. " " •• 5 ., •••• i ,. 14,5'

!! A woman proposed. to during her 'Iddah

(waiting: period) . , , ' . , .. ' ' .. ' .' ' , , .. " ., .. , , .' ' .. "' , .' 1416

Iii Mu'haUU (a man 'who married. :1, woman then

"

divorces her so tba~ she 'may return to bel'

previous husband who irrevocably divorced herr., "' .. 146

., Th ",,,,, s "'C- Q"n4 'Pl' roposal ' ·,1 A17

,,~ . ~"'., WI,U, " "'r ',' " .. ' •. iiillli·IIi''r.r.~·l!ri·!II·r.'''r1·e'''~'''1!'!!i''I'i!~i!!,,,!o,!·"!·rt!'~.'.'''' ••• '1i ••• 'Ii"'~~ ~,.,..,'

P'l";"V' ate meetins o"f'" a ma J!I' r-w· ';"['111\ ''!!I woman 1 A'S'

., 1.··:.C ,...",_1. ~ '" _. '.' " .. ~ a.~, u.. ".'1",' , ,', •• , "iIr."

Th diver - ed tl ,-~. 14' g

• .' ... I,' _ ,. - . '. -_ ,T', -_.: _' .:

~I~e I., !voree> l[~Ce,.".,,'''.i.i.; •.. , '' '' .• '' ''., .. , ,,", r

. .

• The proxy of a dhimmi in marriage nfa Muslim , .. ~ 50

• Marriage in illness., ,., .. " .. "." .. ,,, .. ", .. ". ,." " .. , , ,+ l52,

,. A. 'woman marrying with a guardian other

than. her father ,,; "" , , ' , .. " , "' ~ 52

.• .A ly~ng woman 'who changes her name and the

name of her 'father. 5.5.' a •. " , ,"', " •• ", : ,., " •.• ,.,. , .• 153

• Obfigarion of the- virgin. maier ~,QlIIDarn" ",' •... .. .. '.:,:, .. ", , .• 157

• Marrying a WOln3(~ to her relative against her will ..... .I 64

Ii Guardianship of a stranger., .. , ", , .,_ .,~ ',,' ".; .. 165

• WOMEN FORBIO'DEN rN' :MA~.RIAGE+,.","' .. ,.".166

• Tilie Exchange Marriage [Shlgliar] ;., ~ ; ; ,'; ." , e e , , • a • i '] 66

• Combining a W'O Ina 11 and hermaternal aunt

in marriage.. " ,,". '" , , ; " .. , . + •. , , • , :, • ,. '." •• ,,'. '" ., •. ., '" .1 6,7

• Taking in marriage the paternal aunt of

.a. Ulan along ,with his niece, + : " '." , .: ' , .,: • ., ." •.•• '" •.• '" " ., ••••. , ]. 6"

• Marrying the mother.of ones wife with whom .

marriage is not consummated..., , " .. ", ,. .. " ," 169

.' '~2 moths. without menstruationl .. , " "",,, .. ,,, ,, a •• 170

;;; Menstruation twice only .. ".,.", ...... ", , ,. ".,.,. , ': " 170

• A virgin woman who rs divorced thrice " .. ,,· .. .,,;·.171

• 'The marriage of a woman 'who se guardian is

at lasi q [oft -sinner] , , , , -.' " ,. " ." , :, .' . , ,. 1 7l

• Conditions of marriage fulfilling the conditions

of marriage, .;;, . ;, , e H ., ••• ,. , , • _ " ,. " •• , •• ,,, ••• ,,,. , ••••••••• '" ••• .1.72.

fill Physical de' fects v· ersus ma rri age '7-4'

" ',:. ali,l: W .. ."': ... ': ... _ . l.~ ~,~ .:_ ~.r.-'" "!I'I! .'i!i'!i'l!i,;o,!!;~"':II,~,I!;"' •• 111;1;. 1111. 11 • .1. : I'

I! Can leprosy cause the: annulment of 1113'rrill.g,e:?;"." i .' 174

., 111e ,Mustahadah [a woman suffering from .

continuous, v.a,g inal bleeding}., '" .. ~ , : '. , , .. , ,,, ... : ... " .... 17:5

II ,A. woman feund to be virgin. , .... , .. : ., '., ,. ,,, .. ;, .. :,, .. i i l77

• AN'AL SEX WITH' 'WIVES ., ·.,."'., .. , .... ,'~,., ....... " .. ", .... H.;"l71

. . .

Iii Is ana] sex 'w'ifu one's wife '~s lawful?""" .. ,.,.,,,., .. """ .... ",. '''' 177

II! Nus/ruz [disobedjence of the' wife] Awoma.n who

fasts during the day and, 'prays during the night

:and refuses her husband' s invitation to the bed .. ,; ' .. , .. 178 II Divorce and. analogous ,cases".", ~.,'. :~", .. ".,.'.", .. : ... " .. ,.",.' .. ' .... 179 'j Khul' [demand of divorce made by (be wife

in return for a compensation given to

the husband] ' ' . ' ' ~ . . , "' '" , , ," '" ;, ], 7'9'

II ChuJa'iin the Qur'an and Sunnah , .. · , , " ' .. 180

I! The: fore : aid' ·d: nI'V'O-'I"'c:'e _ .. - _. - - .. " " _. _ '_ '1' 8·:r~,

= _ .. I"" '"': .. ,W ' .. "".".' ••••• ' ••• ,'"., ••• , ,., , " U

Accu sin 'g' ",:1;., e wife '0'1';: ad' ··w·'~ltJ:llll;Y:' r CH

.' ~b. - .: . _'" 'Ut.".; ..... , 111.'- ... .!!1. -., _ ·.:_W.I~, "':0.' ...... ,.,tI,,, .. ,.,r.·isri-ri- .. ·;;.o;:r!i!l f~'of'i!'F !''1.''-f. W,IO.Jl

.i:' The Khul II of a. woman who has 'no guardian. ", , 183

I!I Cancellation of absolution ....... ,.":, .. ,, ..... , ... , ...... " " ... , 184

fill 'Divorce after the absolution 'Of (he dower .. 'Hi a e +;'~~ .. :184 lili Revocable divorce of a deceivedhusband .. , .... ,.".,.".,.- ",' 185

, . A···· '1'] . " . kh I'n:! . ~ , . 1 :8· 6'·

,I " ru.e ~il = _lJw ••• " " ",,,,",,,;;,,",.,"',",',," " ••• , " ,,'.. ' ..•

," Is a. Khu!' counted inthe three dli vorce 'IJIl'O:L1(nnl.

cements? . ' .. '" . ' , .. , " .. ;, ' .. ,' ' , , .. ,' '. ".- : '" , ,. ,. , , l,8,6

.' Zhihar.. , ,. s: .: , • , ., ~ , ,. ,', •• " ,. e " •• '" •• ". '" • ., ' ••• ' • , ••• '. " ••• '. " •••• " .'. 18'9

;. Wh3Jl is tile . meani ng 0 f a: husband. j, s saying

to his wife , .. , ,. , ' , 'H .. " + " 189

:I! "You are Just lUGe 'my mother or sister"?

Is divorce effected, if a husband demanded £0 consummatemarriagewjth ,bi S 'wife on

a certain day' 'but she was rio~ ready on it? , .. , .. '" ..... , " + •• 189 II Is ~t permissible 'tor a man to reconcile with, his

wife even afte« 'he said ~o her: You are just like mvmother as far as marriage i s concerned? ...... ,. , .. ' ., .. 190 III When a man says that his wife is j ust like his

mother during her absence, is. she prohibited

for him ,as a wife? ., , '. ,., ' '.' .. ' .. , s •• a ".; •• ri, .190

I. 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

I. Divoree.v..«. ,",' '. , .. '. , .. ",.,' ,';," i," .".'. ". '" "'p' ."".",.,.,, +.'., ,1,., ,193

.1 Is a drunkard' s divorce ,effected?" .. '" .. , . , .. , T • a •••• , " .' 19.3

• Is divorce effeted when a man who lost his

conse iousnes s uttered if? , '. ,. + ••• " •• , • " • , '" • " ' • '" • , •• ill 94

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?".,.,,", .. ' ..... ;. •• " •. " ri, ••• '", • ' •• ', ..... ' ••• ' •• ' " •• ' .' •• , ' •• ' •••••• ' j ,j, .' " • , ...... ,195

• ,I.f a man is coerced to divorce his wife and be

. did, but afterdivorce she, go~.· married to another

man ~ rn s thismarriage valid.?;" i ••• " .' • ," ••• , •• , ...... " " .' ! , " , •• , ae e ill 96 ~ A manpromised his wife to divorce her, 'but he

had the'i1l'ID~endGn to resumemarriage with, her

and conclude a new' marriage contract 'with

. ....0

another dowry, is this valid? .. , .. ,,, ' ". ,,' .. ' , ", J 97

rill Is ~t permissible for a man to divorce his wife

tn

j 1JJst. because hi s mother hates her? , ," " e • " '" ••••• " • 197

I W'hen a mother wants [0 "5e~Hliaw" between'

her daughter and her husband" is the

daughter a sinner if she disobeyed her

mother in :this regard". .. ,,,,,,,,. ,.'., ,. ,. ' ' .. ' ' " .. 198

• Is di vorce effected if the husband intends to' divorce his wife 'before witnesses but

be did not, utter it? .. ,. , .,. . " , .. ,I ' • , ." ' ' •••• " •• ,. s ;+ • ID,99'

'II! When a. man thrice divorces his wife

unintendonally and he means .!lust once" ,

is it, effecmed:?'", .' , .' ", .. ,;. a •• ' , " .,' + •••• " •• '. '" iu ,' .200,

.. 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?., .. , " .. ," ",. ,,, ' ,' .' , "., ,.' ,.,.200'

ii Is it permissible for at man to re-marry his ex-wife whom he: divorced thrice before

consummating marriage. with 'her? , <, < •• "" •• ' ." •• , .2.0 l

ii' 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 ! J s it legal for her-to return to the

firsthusband? ". ' """'" '" ";;.,,; .. ' ' +;, ,'" .. ,,' .20'1

,ii 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 is it permissible to authorize' the new wife to

divorce the old nne? Is divorce effected? ., ". , .. , , .. 0203

II When aman' S authorized agent thrice di v orees

his (the man' s) wife t is it permi ss;lb~e fur the

husband to return to his wife?. '" .... '" .. , .. , . ,0 ., • , •• , • , ,0 ., ' •••••• + • ,,20S • Is divorce effected when 3], man. is forgetful

O· r when he uuere 1 ~=,: Fo·n· I)' >0> 'd ,~? _ _ . _ 2106.'

_ '. _ .W~. . I.'~ , .... l!I w],. "~ W._ .r.c s. , ..... , ... ,_. , .... ,0', •• , •• , _ ,0 , •• , •• '., ' ..

II A. man saidto bis wife: You are divorced if I see ,.,., .... -':1 nd-so at your h ,,,,~ we' -I!." d ~ ,'-",' _

, ,.. .;>v~_ ~_ , .. v .. , V ,V'II.lh). "", lvorce

effecredif he saw' her in anotber place? .. , .. a ••• ' ••• ' • '" ••••• .207

• _ If the- wife gor out of the; house without her husband 'spermission while he swore an oath

that she s'ho[dd, not do so, is divorce effected? .... , .. ," . 207

• 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

Ii 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

on tni S 111a:tler?",.,.,.",. + .' , • , ' •• " • " " • , • , ., .,' .' •••••• ' ••• ' •• a , " .' .' , •• ' •••• '. " .2:09

'1 If a wife enters a house forgetfully while

her husband. swears an oath of di voreeth atif

- _- . _. • p

she enteredsuch house, she willbe divorced.is

divorce effected? ,', , , ,0 • , ••• , •••••••••• '" " ••••• 2 ] 0

Ii Thrice divorce If a .ma.n swore an oath of thrice divorce: not ~o enter his brother' s house,

but later he was obliged to enter i~.~ IDS

divorce effected? , .. , , .. ,." es, ••• " •• " •••••• , ••••••• 2] 1

• A man swore an oath of thrice divorce that he wHI leave the place where he lives, Later, be

wanted to return. 1's this permissible?.. , , ", .. 211

• 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? s."" ., •••• " •• ;.,., s , .,."",212

I 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? ,." ,' "." 21.2

Ii When a pregnant woman refuses to have intercourse whh her husband. and he swore an oath of divorce that he win not have intercourse with her after giving birth. What is the legal judgernentif he had intercourse wish her after

gi ving hi r~h? ,. , . , ., , .. , s , '" ••••• , ••. , •• , ••• , ••••• " • , •••• , • ,2l3

I.' When a man swears an oath of divorce 110t to

have intercourse with his wire 110r six months,

what should. he do after the expiryof this period". 2 1.5

" Pending Divorce. ' '''" ,' ,,, , 2 m 5

.. I When a man swears an oath of divorce but he

kft lit pending, is it effected? "" " .. , ;." ".: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? , , e ••• , '" .216

iii Suraij Question "., ,."., ,,''', ,., ,,217

• Is the Suraij Question true?' " "'+ ' "., 2 ~ 7

·~.3

• Is it permissible to make at marriage contract

in wh:ich divorce is stipulated? , ,. , , " , .. " .. " .21. 7

!! Lineage ,. " , . , .. , , , .. , . , , , .. , ,. ". " 2: 1 8

• If a wife gave birth to a 'baby after sixmonths 0'1' pregnancy ; does this baby be long to'

her husbandr.... ""H ••• ,"., •••.••.•• "" •••••• "", ,~ ••••• 0' , 218

~ Does the baby belong to the firsr husband if the wifernarried another man after her 'waiting

period is overv., , "." .,,,., " .0 •• ""., , •• " " ••• , •• 2] 9

!! 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", >. 'ro ,. , •••••••••.• , " H .221

[i! The child belongs Ito the conjugal bed ,." 222

• InvaUd marriage contracts .. ,.T.'.'''' .~., , •• ,,, ", •.. ,., ,." ••••.• 223

• When at woman g ives birth to a baby just two months after the marriage contract although the husband had not consummated marriage

with her, is such marriage valid? ,. " ·i , ••• ", ••• < , .224

Ii "Iddah (T,he W'aiting Peri.od) '" H o ••• , .226

iii Is a woman's [claim that she no longer

menstruates accepted and she gets married

accordi ng to jt? .. , " ,.; .. , ", ,,, , , ,, .. , 226

iii When a judge abrogates a woman "smarriage and her husband wants. to, return to her,

is she entitled to a, waiting' 'period? " , .. , 227

.• 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

..

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? .. , ", , " n' ., •••• , ,.", ••• " •••• 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 II Is a. woman enti tled rc spend a death waiting

period alga in ] 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? .. a .. a •• s +" ,+ ••••• " •.• "" ." ••• "' •••••• , ••••••••.•••••.••••• 23 t

I. If awife m.nrended to. perform pilgrimage wid! her husband.jnn he died before travel, is it

permi 5S i ble for her to perfo nn p i lgrimage? .. , ... + • " , , .232-

• Suckling 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

ill When a .g ilr ~ is suckled with her cousin! is it .

penni ssi b Ie for him to marry her sister? , , .23:5

,. I is ~ [ permissi b Ie' fOF [he son. of a suckling wo man

to Ina-fry the daughter of rhe girl who was

suckled by hi smother? i •••••••• + •••• " ••• , • 2 316

!! A man married two wives and a baby- was

suckled by one 'of the~ll, Th:~8 man :had

a daughter burn by. the second. wife. Now, is it permissible for the suckled person to marry

Im]S daughter? .I f they have ·already.go~, married, is itpermi ssi ble for the judge to' separate

between them.?",.,.·.,.,.,., .. ,., " . ,.'. , i , ",'. ' ••• ". " .... :"' •• I •• , •••• , ••• , ••••••• 236

• If :3J man was not seckled by the rna mer' of

a zirl neirhe 'ol' was she i~UICII"'·l·e'·;~ bv '~~""'I mother .

.. a' ~ ,I~,~ ." . - ~..,. .:::! .... ... .... r.. . l!I _ Y ~ J.1..a .. vu.[!;,,-.l ~

burtheir YOUl1ger brothers and·' sisters :, . exchanged suct Ul1g· fromboth mothers. is it

p:roih:~ bited for this nmn to :ll1a1lrry til is g rnr~ 7. " .. ' " I •• ' •••• ' , ., " + 2-37' Ii When one of two sisters is suckled with-a boy t

is it penni ssible for him I~O marry

the second sister? .... ,.,., ... I,·, ••.•• ' , •. , I, • " •.•.••.•.••••. " ., ~., , ,. " a ,. , ., •. a , ., ,. + a , .• .2.39

.. When a boy is suckled with a; girl, is it

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 ~ s grandson "to "marry

t]l.l s .g ~r]?', ... : , .. , ... , ... ,. , .. , ,. , ., .. , ., " . , , .. , .. , ., , .. , ., ... , ,.', + ,-., •.. , • , ., .••. , , •. , •.•• , .•••.••. 240

Ii When (1. mother denied th8Jt she suckled a girl . married by her: son, is if permissible mo separate

b .. - c' . - ·t·t.·· - - - ') 2'4"~1

"::e tween :_u,el]l ;.' ; , ' ; ., "' "' , , '" I. , ' '. ., ~

!I 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

this matter "' "' ~: :. ,; , .. '" .. '. ;1 ••.•.• _ .•• "' , ,;, •• , "' '" .:: •. : .• '" ' "' " •. 242

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

. than him, is it permissible for him to marry

.a]],:~t of t~lelmi?""""""""","""""",,!,,,, , •.. ,., •. , •• .,.' , ... , .. , .•... , ...... 243

Ui

III Is i~ permissible for at man tomarry a girl

ow 110 was suckled witThl his 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

Iii When. a boy is suck ~ed by a girl ~ So mother and ]a~er this boy di:~d, is n pennissib le for his

b 'I I't ,j, • 'I? 2'41

orot l,er 00 .fllan:y uHS gu,' ,-, "' .. " , , ,." , , - ,'c

• 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

woman ~ to' d au CiF'lht'¢'I"? '14°

"y 'L.l".l,~~' __ .~ .;:. " ~:, ',~lJ!J. _"'" .~" '. ,." ' •••• "' •• '. ,,"" •••••• ,.,. '" , •• , •• , •• ,.'. '"' ,,, ••• "' •• ,", ••• ' •• , .... -00

!! 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~:

£-1"'0-]11-- her husband '0·' r f:' f'("'I)]'1I her dowry? - 2,,1-'9

II. ',,, W~u-, ,JI~,",,";,;JI1~~~ILI,,-_- _',_ ",v'''~ ,1111...0-, '_l.J!,.-, . ~ •• · •• ,.''' •• '.'',.'''.''"11.'' •• ,-. t-

• 'W.h.en awoman disob eys her husband ~ is he still

ell tit lied to support her with ID'noney and, clothes? , ..... 1, .2.5'0

• 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? .... e •• ,',.," .,' ,,',. ,,'" ." ' ••• ~ +., ... ,' "+, s e ,",'. _,,, a a ,.,., +,' 25{)1

11

~ After a man had married a woman" he left her for a. whole year and trave ~ed to 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 her husband's penni ssion, what is the Ie gal

," "'-[":"1 c" ,.' ," ',' .', "~ il'" ~ir-I =' ,-if") ) ·S?

ru mug concenl1n;g uwem , .. , , ....•. ' ...•.. ' .. ,. ' , .. ' .. " ..•..... '. _ .. __

.' A wife's family asked. the husband ro provide 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? , , . ,. , , 253

• When a man is imprisoned because be did not settle his wire's financial support and provide her with the necessary clothes, is it permissible for her to demand for support during

his i mprisonment? .. , 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":" .. , ' ...• , ,<, •• a , •• , , ' ••••• " ••• "' " ••• ,256

• When a man divorceshi s wife while she is pregnant .butlater she was aborted , does

'Il-. ..:II .~'". '1 2'5-6

Sue i.Jese't'v,e aumony? •.. , .. , .. ' ", " , " ", . " " " ., • ~ '.' '}

.. 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

for this purpose?" ,., ' ' .. ,., ' .. ' " .. " , 257

• 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

18

!I! Isa rich son entiued to support his old father,

his wifeand brothers'? , , _ , . , ., " .. oe •• 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

needy relatives? a •• , •• ,., ." •• , •• ,,, ••••• "."" ••.• , ••.• " •.• ,." .•••• , ••.• , ••••• ,,' .25'9

II' Nursing the baby." " ", , , , ,., .. ,., ,., , .. , 259

• Who is to nurse thebaby? When is i~ permissible

for rhe uursing mother to demand for

financial support? ", , '··"i ••••••••• , ••••.•• ,., ,., .•.• , •••• ,.,., ,.259

,. Wl~elf1JJ. a mother takes her child and agrees with 'Ik.-, former lu isba md th ar she ·W'"· "·'1'.11: supp 0'1·t their .~.~el ].V.l l ~.' U<iJl.... . . !j,.;.::In . ':>""'.1;" v.!... _ . ._.=

,child, but later she, demanded fer financial

support, is i:rpermi.~s:jbl.e?"., .. ,.,., .. ,.".",.",., + a • " > •• , ,,260

., 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? , " , . ., " . ., .,. " , ,," .;. .261

-Does the- stepfather have [he right I~O put the

daughter of his. w'~ fe from another husband

under his CUSI!t.O (I,.y? , .•.•• , , , , , ,., , ., ,. , ...•.. , .. , , .262

!II What abour the son ·Pl1[· under thecustody

of 11[8 mother", .,.,." ".,. , .. "." e .. , ,.,".,.,., +, , .. , ,."+" .,. ,.,.,., ,.,.,. ,." ,." ." •. , ,263

" Clarification and Comment , , , . '" 264

'Ii Crimes and Penalties , , .. , .;. , , ., , .. ,. , .. , ,. , ., ,. ,. " .. .;. ,. " .. , , '" ,. , .. , ,. ,. , ,. ,. ,'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? .. " , , .. ,.,., , .. ,." , '" '" .. '". '" , " ,. '" ; ,.26,8,

II The penalty of ad1Jl~erY.""""'f". , .. e a ••.• " •••• , •.••••• , , ••.••.• '"."' .268:

'. If the adulterer repented before due penalty

is afflicted, is penalty canceled? , , , . ,. , "' . " " 268

1·00 ihe 'Viciousness of sins and the penalty

of (l.d,uItery increase in the blessed daysr., ae ,. '·f • , •• " • + ,269-

I. The: penalty of defaming peop I.e " '" '.+ • , ••• ' ••• '. '" •• , ••• 269

I. 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. Having hashtsh .. ,,", .. , .. '''". " " .. ,. , , , "'. , " ".27].

,Ii Masmrbarlon.. ' .. '. , , , , , , , .. , ,., ., .. ,. "., 27'1

I!! 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 elements drove me to shoulder the responsibility of introducing a pubhcation of such an: imminent Imam Like Ibn Taymyah to those who learn Islam from English. luerature. 11].(:; firsr is the author who, 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 J responsibilities and. duties, all of which are best suiu ng he r nature. Since se ienee 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.

In other words. there is a difference between sameness and equality. 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

di fference o f nature is reg a 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 su bjects 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

",' ·~'·"'···"· .. ,f' scholars .A··:': :t',,; the """-i", .' 'N:'·':,]· :':1=

maj onry vtew 0 SC orars, '" S ILlO "e 1 unmng , '. ru ie > l ~

altered because of imparity mixed with it" i~ :rns impure, 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 ~ t change . because of these elements OJ. but if mere :l s a certainty that It is changed by impure elements, it ,ws. impure. Bur if chanae . ..l bvmrre ele ... ment s···'I"iJ.,.,!3I'l the two traditional views

11 ~~I5'U ILl.! r..u" .... '.....,~ U"h, .. ,L ...... L·. " _-,~~,~ __ .,,'!4, ~, .. ;;)

a- r e q '~""{'l .. ted here ,_:_. -,~ I.:' ~,V''''~ __!_, .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

" .

Q .. ""h"'" bo ''-'''-' r-r- ",:,C'-"j'" ilaved ,:'I!,., r'·]" I __ r~,

• WI: ,31 a _ out copper utens l S una ye, W l ~~~, su vet.

A:, Asto utensils inlayedwith silver or its like, no harm if -sH ver is I ~ tUep['()v ~ded that needed and nor of direc [ 1t] SIt; '. But 'if sifveris too much j' there are' two, views aecurding '[0 Alshafei 'and Ahmad, 'if silver 1S used for beautification and rings , it is permissible. As 'to utensils inlayed with

gold. it is prohibited be H 'hrtle or much, .

There 'i s a difference of opinion among the companions of ,l1namAh]l1ad. as to the permissibil i ty of performing , ablution and purifacatory bath from gold and silver utensils. This difference is. based on the rule' of an things w hose observance '~s 0 b 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. As to the matter in

24

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

r A' 'b>' B"~lr 0..: 1 ,'a~r.

, .

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 is 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,. ' ,

Ot~h.e:rs deemed [hi s difference .\-\leak sa ying ~h at no difference cail;l~!'lbe: c:~,aime;d, between put~rn l1g the hand, in' the: utensil or ladling with hands from it, and tile prophet (may peace be upon him) ·said that the 'B:~ ]]y of the drinker from gold and silver utensils is gargling with theheU fire, Tille second if~l:ro'hi.bit]:ijli touches the pillars and conditions

tt:' ' , ~. . :

of prayers 'l" thepfohibi~icillm s considered otherwise it will

not affect its validity i

'Ci,l'cumc~isim.l of' women,

!Q: 'What nle rule of circumcision of women?

A. .,... it' 11'1' an ... ircum 'C'I",,,,']'n,,,,, C'1'"l'o"'~~,,:R' be observed 'to' ·W'" 0, "']'l1]<'"!I,iil

~.~, .~!:".1 .... iiQ._.[~ ~dL.'L?,J..!"., .. ra .. ul.lIJ.l :~.JI!·:, ly\W.U, :_"_'_'. · .. ci-·_li-¥·~·· . ;;_, _ _. .:.,'.·".!L'.ClJ.i',,,

Circumci sion for woman consists of remov ing the prepuce

., .

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

• I • •

moderate without extreme. As to the ci rcumcision of man,

it consists of removing, the prepuce from the, peni s to clean the filth. that might gather in it.

W~ping over the head cover

Q':: ,Wbal, about wiping the head cover?

A:' Praise be to Allah, if there is any fear cold. she could 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,

*

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 a blutin 111 ] is

I'"

,26

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

The second view holds that touching doesn't nullify ai~ lution e ven if sex ual desi re I" s ev oked T'I:il:'~ i(' ". ~ e . ,:,'.' ..~.f', .j;jl.".

_I!J! _ _.... ,_ __ ~ = ., " _ !1;,1!""" Ii.l!!. !,) -" .. .. "",,, ., ,11& u" ,~ILl V L W[iLl I.-_~ ~e

view '.' o-fl 1I'J"n'II -]"I4i A·' ."'. ~']-11 a' d -

,:,~ ~,. -,"_ .. -"':_.-.' "w. ,J"IIQ.~,,J,,.._I, ,:_.. -Wl_I~~_ .. :..._ +

The ~hrnrd,~ which is the view of Imam Malik, is that if 'touching is for the sake of sexual desire ", ablntion is mrlli tied otherwise abl ution stil~ val] d,

As~Q. the view that holds ablution nullified by the act of touching aWQlua:n 'j it is against the consensus of companions andno text or Qias (analogical deduction) [hait. may support thi s view. ,A s to the: verse that re-ads:

"or ye have been ln contact with woolen,",

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... u t.-;.Jil Y"" .Jl;'I'V""'I·€Ii"", t· -h;::>'1;'1") '~.' D;"'~r- ;0:;; c ;i'1ir;'nil:!liUIDm' ... atlen" ar "lAI

o .~J. ~.~,. ~L IUltJ,· ..... ,,(jll· I~~' _ ~~._~'- iO~I~:_ '" .:. - v ;Il~ I' _ 'i :. . ~v, ' ;" , U

- -

"There is nn blame 41n ye :if' divorce w,omerlbet:On~::

consunnuatlon" .

According to tl:lemajlority view of scholarsit he divorces. his 'wife before he approaches her with sexual desire, no waiting period, dower or the prohibition mat based on

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

women' refer",t,...... 'tOI'I~",fE..'~'r'C!!'nJi-"t.,o: uil:-"""Y'l~19'1 d lesire

~ II!i;.- _ . L: r~ LV ~_'_'!JJ~,\:..-,W,J.lIUIJ.J.~ ~'lij.fIij,i._,.. 1l~ 1i3~A.~l'IJ\ J __ ._- __ ' ~,""-Ii;",.,

contradicts the references imbedded in the Quran and goes against its meaning in the general language of the peop ~e ,

The jurists are an 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 ,A11I1rwbn Hazm in 'which he said: "Theboly Quran is to be 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 'QuraLW1 in me state of hTII]Jur ]ty?

A:: :~t should be carried shrouded wi til 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,nw hile 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 - "I-~' ---..:~: tl ··~·--'I'!I'·I$;"t""·'~-,b-, th isshe s 'l"]·- .... ·· eed ,t, .... ', -",' ' per rormea ne PILU, mcater Y 'I~ ],' W S, s, e a ,,0 wen ,0 engage

w:_n se,KI!J2l!1 Intercourse? ..

A: The tour scho lars unanimously agreed thar i t ] 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.

H···· . '.' .. '. .... . ... , ·;f··~ .... '1. . .,:t ....' fear '1;'" , .. "' .. :lr-t" .' 0' ~'I '. - , '. '. ,,1'" ... "II lowe ~I

owever, 1. sne noes ~ea~. .oLg-e~ln~ tnem, sue 18 iih nweu

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 Qur I' Bin and. pray. If she cannot perform the puri ficatory barth due to the absence ofwaier Of on account ot some disease ~ she 'is toperform the dry ablutioni nstead which ] s equivalent to tne purific atory bath.

Prayer

Jl\Ilak1ng: up missed prayers

Q: Should a man who missed many prayers make chen] up along w~ th their optional (Suunnh) 'p rayers, 0 r ~ s he [0 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~ttl mating 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' on~y the obligatory prayers 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 up 'missed prayers or performing optional prayers ?

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

Q:, 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') 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 A shafe II ei, dri vent. y no sexual appeti te, a loon is allowed to look at a woman's hands and face.

:u

';':

According to Ahmad I s view a man is not a~1 owed to. According toMa]Jek..~, the:wbolebody of a woman ts considered pnvate parts,!, i·:wght·dowf[ to 11e'r: nails.

[Th' "'1'"

, .: e cone, USlon

Ornaments 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· 'Il~ 1 ~b'" '~r"I,11 ,g '11,Ai '['1- ;~'ri- nroh ~b' ited "If:fj-I''I1II1' '['J' "'" '" ,

vu. ,,," 1~]J,y", lIlJ"",,=, t!,.!.,;;I. ~~~,J,l!!, ,~ , lII!., ' ..... , !Ir" ,_1.h. ,W iboU. (:. , " . ,,,-, "'.

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

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. So 'be ordered tJhal she be veiled,

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 is generally referred to by people as loincloth. that is the large loincloth covering her head. and her whole body.

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 ~he ornaments 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.

ThnMasoud 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

of :phy's~calneedn, though a woman IS not allowed to tea vel with ~:ny of 'them,.

A,na'~ says" "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 i' 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",! I Conceal your priv.ate part.s: e·~cep:t rr~m your wife and. from whom. YOll1' light hand possesses (s];a.ve-g:irl) t I tben as.ked: (what should we do), if' the people are ,as.'rembled], mg't~'fher?' He

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 sUlid;llnCOW.HUDld 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 that.

As fOor eoncealmg women from men, thl s m s on account of the libido involved and this f(IUS into two catezories.

--

There ] s yet a th m rd category to be 0 bservedi n prayer; ] f a woman prays alone, she mustwear a vernl~wh,ere~.s she: is

u. ".' d 't···· "', alk b ... - h -- ·d-·· ·d· -~ home TJ-- - Ii'·.ll .. "'.'j' "[he

auowea _0 wa ,.a.n;~'~, tea eo at ome, . lUS~ 'L(1I.!rd,f]g :.'1

,', . . f' A'II'I 'I

- . . - .. -.-.~r..".._.-'~. -. V" '" ." I' ~ a 1

vern] during prayer 1S out 01. re,e,~·ence to ,._ .. ,

Likew ise ~ man IS 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 entirely di fferent jnatter Hence, a man can cover certai n pans of his body wh,~]!e praying 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 garment that does not cover his shoulders, This is a. must OU~ of reverence to prayer! whereas man is allowed to uncover his shoulders before other men. when. not praying.

Similarly, a woman must. wear a veil while praying as the Prophet" peace and blessings be upon him, said, III 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,

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, according '~O Abu Haneifa, the feet can be displayed, 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.

Om Salamah said, ~I A woman can pray ~n a shift that reaches down and C(~,-,eTS the ~op of her feet" so that if she kneels down in prostration; the sole of her feet could be seen,

r I· nconc 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

.. '~ d I .

private parts in prayer are not relate to that prrvate parts

prohibited to be, looked at"

37

Ibn Masoud, 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 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,

'I Ii ved ~ women used to wear garments, The y used Ito work in their garments. Thus a women would show her hands 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 Iength of a forearm and let them Dot Increase it. I'i

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 s1 i pper s to. cover thei r legs wnen they went 0 ut, yet they never wore them. at home. That. I' s why (hey asked, UWbat if it leaves their legs uneovered?" Hence, the purpose wasta cover the leg, because if the garments were ~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, II 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 ..

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 nUH,}!' s shoulders are considered equi valent tOW0J11an I s

he: d' ,,',,'" ','-,' , ~. ". 'I ift - '. 'j'~"'" l··k·'· W'" 'I ' .. ' ,. ',-, " ,', ,,:..

,ea "j' as a man prays m a. s :U, Ib O~. !.WJ.e nee. ,", len rn ,1 stare

of sanctity (lhrQJtl:)~ a man is not to wear a shift, and a woman is not to. cover her face or wear gloves either,

S' 'I'm" ilarly '':!II tnan .;!t" n ,"",~ ro CO· ver his 'i"'e-'l,A

~ ',., till •. ]', - " " ~,,_.::. ~i:J. ,'uu.. IL· ..... ~ ~~ 1.1.~ I.JL .~rU ...

Scho lars belonging to Imam Ahmad I s school differed concerning a. woman's face. Some said, lit is to be treated like it man I s head and so is not to be covered. Othe rs maintained, a woman I s face is equivalent to a mall ~ s hands and so must not be: covered with special face veils that 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 the face since her face is equi v alent to her hands and to a man' S hands. As. previoesly mendoned, the: endre body of a, 'WORmn is considered private parts, Thus 'I she is allowed to

410

cover her hands and face, but not using especially tailored close-fining clothes, Likewise.,. a man IS not to 'we-a r trousers butis towear a loincloth.

*

Q: Would woman'a prayer beinvalidated if some ofher hair was uncovered during prayer?

it 0; 1Tf' '-1" ··'1] " .. -,' t' .,.,- of herh ri: , "" '1Ih.. '" b dv .' ,

.M..~ JL. on y a smau par Ion (). . er nair 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 aU owed 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 ~ ts being unlaw ful to use. A gain tltw s applies to {he making of wine. Money paid wn return for unlawful doings are equally unlawful _ However, sewing' s:iU~. [Orr whomever are allowed to wear silk, such as women, ]S lawt"u'l ~ even ~f a railer touches it during sewing. Similarly, this applies to molding gold and silver into whatever is lawful to use.

Silk may be used in decorating men s clothes, Likewise.

.t" "I ..

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,

*

';I~

·1·

*

Women's w'earin,g kafliebs

Q:Are women allowed to wear kaffiehs? What are the cri teria r,e ~ ied on in judging women' s im i tat~ 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?

A: Kaffiehs which do not cover the hair that. is hanging 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 ordered effeminate men to be banished, A shafei ~ • Ahmad and others a sse ned that they are to

'b· •• anished, rna .. jnlg'~i"".'.1In··,'.IjJ·~.~:a.. ,d~" '!h.p m.,,·

. ... ..... ., . . . . ~uu ~ mat ru:;;coru:~.ng to tne .' ropnenc

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:8idmitJted into heaven, nor will '~hey ever !oome close to it·~, and men whow.aiI..k around widt whips: that look like tails of cows whel"ewit~ ·theylash Allah f S servants ..

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 sitiU naked .. , Or women who wear transparent eloehe s that show their b odies 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 b odie s 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 m en to imita te women" an :d··

~v QA.,...., 1;JI.,t" 1.1. .. ... '.,. . .... ~ ... !,-".!Ii"", . . . v .~= .': :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:~r heads 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 vie been a must for them jo cast their outer garments over their persons, nor to draw their veils over their bosoms I' no r would it have been forbidden to "make a dazzling display, like that of the former times of Ignorance I!' since those: were the habits of people then.

45

Hl_:.0W_-_:··'e .. ver. nonarticular nutfit ;Q mad e o· 1-'!11'iQl',,!!,t-O'f" based on

."0" ,{, ilW, .It:""""I]"Iu...~~'UJ,.'IL, U!l.J_'~" ,~,~i,,_,,(_ ... __ ,·~ ._.li~~~~~_,I,;l ,~~",j_.i~_J'U'.

the usual costume of the Prophet's days or the habits of men andwoulerf swear· then; .so that none 'but this particular outfitwo!J~dbe: permissible.rwomen in those days used jo wear gowns with trains mat WOUJ'~:d :rr fa il behind them whereas men were ordered to wear only ankle-length outfits ~ ..

Thus, when the Prophet forbade 111e'n to wear long outfits thatwou.ld bang down, he 'was asked 'j I'!W~bat SbDU t wOID,ell1,'] ~f He sai d, "They are to wear ,g!arnl.en t.'iI th at would hang: (lown only a fewinehes ;,te: ... equal to the 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

. '-1;" -.'"'"

more,

'Tit-, ,,,,'Ii whv :- r-i .. ." r-., .... - tr eo; ]- - --- ~ - -- ,---1']- ~ - til ·t -n: • --I

,,)Ua!l. ~s __ uy . W,llen. ~a WtH11en . tlB ner gown tnu rng oenmo

her over filthY' places then. over ·,e ]ean· pl aces, hergown is immediately .madc clean, according 'to a host of scholars

bel .; .. A]' ... rI"1 'IT' "T' ." n

e. ,on~ll1g to·~_UIlJa\'u· S £C,10CL. . .ms tranmg gown. ts l{~US.

I'f'e' sarded <11(" sim ilar ro the .... ii'iiIr.A;:;' th .. ~·[ are in ·"'o.··n·c't<'!lll--[- ('!. -, j··-1,f' .~g.. II,.!I!. tilii.:!,rn .. Lii:li. 11.' IIl..H .. .:I[W,.u'Iooii.;!· L,l,~, ,;:lL I.e .. Uo. iCI,[1.. ~nl]uh.;.1i-

W]dl filth Bind. is thus made clean by rubbing· it agains chard surfaces ,;. j ust the sanle· way· that H quids are made c:1 ea u

since they . ·1,.. '0' I'r'h· .... ·i'"'Il'Y1i~ t 11"1 '"' o· i!r'lIi,j-·Cj,I"'··-rr· ~U;I ,...jb filth

i:i r ~!b' I~ . ""' •. I)I_I~ .~V.H"",", ]~j 'l;..' di~(:~,,",,!: ¥,!,~I,.n.~ l u,

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 j s wear ..

S'irml arl y , a women ~ s allowed. to 'wear maol y coats and 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,

Man, O~. the orher hand, is commanded to uncover his head and. 'HOI to 'wear conventional ligh~-fitt~!I1g ctothes, such as shirts, trousers, show'erlf'Obes1 nor shoes. 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.

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,lt call 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~ 1 owed to wear c~o.se~fi~.dng shoe 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·. will It hey ever come 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'

A: According to M alek, 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 ~ s jewelry.

Regarding men' s adornments, no Zakah is due on lawful adornments such as swords adornments and silver rings.

'-

As for unlawful adornments, such as gold and. silver

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, According to Malek and Ashafei "Zakah is due, on them and they are declared, unlawful to' keep.

Abu Haneifa and Ahmad declared them lawful adornments provided they are made of' silver. As for horses adornments, such as saddles and] bridles; the majority of scholars maintain that Zakah "is ordained 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.

*

Zakah on a woman f s dowry

'Q:' If a WQ111a:n is 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 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 i ffered 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·:,' 1'1 a md' s (I'('!-h·O.0]'"

.. ' . '~ ~,=v'-=='" ==_" . "~]~~'","l ~~;Il .. , " .. _ ~~ , .w. L-1'1!.r- , . v,,~'"

Others believed: Zakah of the. previous years is due on I y ] f the husband i s rich and if Slle:h ~lS -actuallybeenpaid the dowry, Yet. "if tlll'm s ':'~ s: ~no:t the ea se; . no . Z;a.·k~,ll is due

: , .' "-.. . .. .. n,..,,,,,. ... . .... =~,~ c S .. ~. ,.

according to the second opinion in their school.

Others cl aimed: Zakah i p .. due for 'OT'i, ~ Y' one y' '·'e.·.·· . at ". a "'('0 .. ' .. ,.,: ··iI' iJ.·

.... ' --~ A Y."~"L c' Q " . '-'Iir' luU~g.

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

The DTIOst far-fetched opinion is the one obligating paying Zakah for the pre V[(;inIIP vears. e. ven when . a wom .. '" n ]. "IJ' snot

. . .. '" ... _V'"",,",, J ... "'!_'-', ... _~ .. u' ...... U!l,l, ". ,., ,t. ,I.,l~ .. 1,J:(t

been paid her dowry. This opinion .~ s invalid. 10 rdai ning Zakah on whar one has not pRid is against the Shuria. Besides, with the years", Zakah canexceed the: ()r~g]naJ sum

of rn 'ne'" r-M·,-,··, .. v~· ... ~",., the -at .':,,'. ned : 1-·[,· "I'v'I·····]· __ 0 __ , y, " ,orea. er ~ ] I w1.e. appolH etll, SUlll. on N. ,11CfD.

Zakah is due (Nisab) became less and Z!itkah is due onlv

.. , • d-

on this appointed sum, rut wouldbe ditfieutt to figure out

the Zakah to be paid. -

The opinion bel ie ved to be most valid ~ s the 0 ne tha t. deen 1

Z.ak·'':io'''', noil' d'·,·I·,G,.··· .'., \l> ··t ·t·t -" ... : "J 'I' .... .. ' "' 'I'· .' ~ .j;~,,, ·d·, te of

". . zu ~, ~ J. "!!, . ·iJUlL' ex,eep. a. .e,1 a W . .lO [e yeal :as o~ I.~ J.C .'. a e 0 I

payment or the one obligating OB!e year 's Zakah to 'be paid

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

C th dm th b I "'to. '. 'iI! " an ne gran:'·; '., 0: ner .• e a, . egt'! 'm1ate rectptent

of Zakah if in ·debt?

Q:: 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 recipients 1:

A A dfnz to th lid f h 1 'I ".. I!

: .ccommg to tne most vauu 0' SC ioiars opunons, tney

are allowed to pay their Zakah ttl her or to any of their relasives so they could pay bact their debt .

. .

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.

F' t"

as ,10,g

Is, a pregnant woman" who is in no pain, allowed not to, fast for the safety of her baby?

Q: If a pregnant 'WOU1.an 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?

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 - ul d bre k h·" r:-' - sti '"DO' an' 'd ha - i woul d 0' o·t?

wu __ . ,_; ~a., IS as_·L_ ~' ,'" W I,~" ,,' ~ I!.,,~,

'Q: What about rinsing the lTIOUth, sniffing water, 'tOOUI cleansers; tasting food, vomiting, bleeding, wearing: perfume and kohl?

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 sai d to La qa y t Ibn T Sabrh, ~'~Tbn]toug]dy suift' '~wmtce:r 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 permissible to u~e rhe tooth cleanser. However j they d'rnff'ered as to whether it is not C0111111endat)ie to use ][ after 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 II smo nth which is called for.'

Vomiting: if one deliberately causeshimself to vomit, it breaks one I s fasting, HOWeVl!'f J if one vomits against one! swi 1 l, it: does not,

Wearin~ perfume: does not break one's unanimously agreed. 011.

fastins as

.....

Bleeding: bleeding thatc~1J1L110't be helped such. asbl eeding induced 'by iniuries, or eases of brandymenorrhoea or nose bleeding does 00'[ break one's fasting. Yet, it is unanimously agreed that menstruation .and postnatal bleeding breaks aWOI11an' s 'fmnrung.

As far having one's blood . drawn, ithas been oebsrable among scholara w hether ~I~ s breaks one ~ s fa sting " yet: j.~ is ge-nerally be]l<ev,edto do. Similarly, bloodlening or

phlebotomy 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.

Concerning perfu me it

., ". -~~~ 11

one' s head. does not.

koht Ahmad and Malek believe that like breaks one I s fasting, only if it reaches lnside whereas Abu Haneifa and Ashafei' believe it

*

A man who could not fast or pray 'right before his death,

Q!= A IU:ll1 was incapacitated by illness during Ramadan and could not fast or pray, then died, His parents are sr-i'll alive though. If they fast and pray for him, will they have performed the obligation for hun'? Does he have to explicitly request this in his will? .

A: 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., "It

or h .•

*

-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~llg to 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 sixti1J and he us-e d 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 AJ lah. 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 v ere headache and 51 OW c omp 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"

'"

Yet, his devotionin 'worshipping A llah 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 'it ·'1'" ith t

' :-:','. ,-- ',- . :- = . I _' ,_ -,' • j ,- , ,;--:- ", - I·' .', ~ : .. ", ' ""

woman gOIDI on a pI grunage 'VI 0 , OU

0, bl k"'

an unmarrtageame ,1D ...

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

A: if the woman is elderly, no longer menstruates, has given up an hope of getting married and. has no unmarriageable kin, she can go on. a. pilgrimage in the company of someone she trusts, according to Malek ~ Ashafei' and. one of the fWO opinions in Ahmad's school.

51

Can a womango on 3l piJgrbnage ,'. on behalf of' another?

Q: Can a woman go on a. pilgrimage on behalf of another?'

- .

A: Scholars unanimously agreed that a woman can

. -

perform ,3 pilgnmage on behalf of anocher woman, be she

her daughter or any o the r woman , S imi larly, accoroing to the four Imams and the ·majl or ity of scho lars, a woman c an. perform the pilgrimage on behalf of a IruU1, The Prophet J peace be upon him, ordered a 'woman from Kath I' mTI to perform . the pi ~gl" image on beha] f of he'[ fa mer, when she said, "O AUah~'s Prophet, .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~r 's hehali't II However, it would. be more whole for a Ulan to do it.

Can a woman who bas. already performed the pilgrhnage 10 on ap:iJgrimage on behalf of a dead person and be paid for it?

IQ: what about a. woman ·w ho has aJ ready been. 011. a pi~grhnage 2t]'IDd was asked to perform the pilgrimage on

58·

behalf of a dead person ~n return for money. W'ould stile be allowed to do so? .

A·~ S·'h···· ':. . .. llow ·di t ... , ..... 'f-··. " '.' 'it'h- - ,-'1 •.. ,:j- •..• ' for "I ~,~ d ~,e ]8 auowe 1.0 perrorrn IIL,le pugnmage ,,01 ,,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:

The first + A- sha .• ::~; "maintained ,tl1i! a t she can take .' the 111ont:;;\.,,·.I,

u . , UWiIl.. '" ~W "lJ. .... ~ ,I,.~KI" ,n"",~""., h .. ,., .' 'y, ,,' ., .:!

That second: Abu, Hane ~ fa maintai ned that she cannot, I f 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 of 'tile Sacred House made by a menstruating woman

Q: 'Whatws the judgment of a woman who circumambulates the: Sacred House ,illlruer menses?

A: According to one' of the twoopinions 0 f the schol ars who claim that purifies till:ol1 ts obligarory for circumambulation, if a, rnenstrll(;l.tingvlolIHU1,. or any nne who is ritual ~ y impure due tosernin8!l till i scharge I' [nino r ,inlpurityi . e. not [aJdni ab luti 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

sacrifice either a sheep' in the case of mmor impurity or ~I she-camel ~:n the ,case of menstruation or impurity due hl seminal di scharge, .

Forbidding a 'menstruating woman to circumambulation may be 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 meabove-'luentjoned Kinds of devotion, a menstruating woman is forbi dden to enter it ..

The scholars, however, agreed on 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.

For mose who hold that a menstruating woman is forbidden to circumambulate the Sacred House because she

is not permitted to enter it atthe first p lace, 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 ordered Prophet Abraham to purify zhe Sacred House to accommodate those- who circurnambulare it, those 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 n by ne r» e ssitv At S, 110.];' the phrase ,"" " "" or 'b. "0· ,"iN (H'

UJJL_., ~~ .. l_" ",,·.V·.1IJi ~'J E "" ~!I;;. ~ .,~ !!JJ.I~ ~-. __ lItll""~'_' . __ . - ' __ '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 MusIDim scholars. However, a menstruatingwomanis not required, to perform Pra yell"." neither the Prayers ill the time of he r m ·e· nsm ~I'~t'l" en nor I,jh'e P ray ers she h !);!, mi S" sed b efo ·I··'e'

'LI',., ,[ ',. ,', , .. ',Ii,~~IL YO"" V,IJI:., ~,J,U' ~W,l. - "., ':.: .. ~. "riJ! i.1. .. :., "fU . ,I'. ,.!!.-1 ... I.'

she becomes menstruating,

--

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 in terms of the requiremers of purity? TWs question

,fi~

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. like Pr'ayer /' ir is ascribed to lbn 'Abbas, [lot to rhe 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 discharge.jie wi 11 be 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, ~I and the report: U A servant W'l] l be conside red ina continuous Prayer j so long as he is bound by the manners of Prayer, waiting 'for the next Prayer, or heading for Pra "',J, e. r n

.. l .. J ~ +

Briefly put, according to the, agreement: of Muslim scholars a woman should not circumambulate the Sacred House, unle ss she- j s rituall y pure, as much as. she can, I f she reaches the Sacred ,H ouse while be ing menstruating ~ she: should. not circumambulate it But she can attend ~ Arafah and perform all rituads o,the]"' than circumambulation, She should wait jmtij she beC0111eS ritually pure; then make- c ircumambulati on j if she r;~ n stay .. If s'he is obliged to circumambulate the Sacred House ira 'her menses it will sufficient 110:r her. This is the soundest of the two 'Opinions ascribed to Muslim scholars,

Atte~ndin,a 'Arafah by 3; menstruating woman

Q. · •.. '.··.:Wh.~_ tie... the jud ... O'._· ... me ... u t of a me nstru 'Jo ti H'g.· woman .~ . .:,]]-.'1;

" JiY ~~ " "UHf,,:,~.:'!1 Ii.!!:gt. J(, .'.,'. ,II: d,:: ' ...... " u

attends 'Ara fin?

A~ A 'In' ',', tr .... :.. . ".... . ... .," "".- d·' ~A"" 'f'" 'h':- ·0.·.·· - ._. . '_" ; ~ n ens' ruanng woman. Ca,tThfUte'n'. Ara a ,,"_ ne can

attend ~ Antfa'h, walking 0'[' riding. The. best of tbesei s determ ined ace ordi ftj,o ~rI; ""1,..",,, con ditions of peo ple If rid in (F

I~ _o\r.o'~ _ I • ~~ 1· :1 .. _. ' .. ", ,I. ,.Y :-1.W6, !~V· l:l.l\p " .. rt./. JUI:' LI,\.;l,~.IL C ", '_' ••• ' _ .I~ II!' 1..1·, ,lit L1,. ""~

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,

A k h ..J,n th · ~bt •

wea .~. womanw_~o spenns .11 em5lJi. In

Muzdallfah

Q: What is the jud,glnent ota weak womanwho spends the

- ., I

ru'· Ci'htr ]",'[1, M·'IJ!,· 1 zd a I ~:.c'i:!i,1rlj}' b . I~ . ,"_ ... ~ .. h.""u ..

A.:: According to tne Prophetic SUJ.U1JJah." a malepilgrim should spend 'themgbt in MU2:oaUfah and wait 'until ~t is

dawn ther .... ,j:""' .'. 'teb··. ··M.·· ......~, '. 'p.'. " .. '.' ...;11 '. ,,,',. 'd: ,,:I\.,

a _ .' _ > L~{U pel ,~,Gl ,m. . . e .' ',_ orrung .. cayer anu anen.. [[ ~e

Mash 'ar Al-Haram ~ in which he should stay until he leave s

before '~:ll]] set If', ~-t.,,,,". pil 'g' r' "I' ,m' II I'S-' '0' :f~ ,t'I!":I",;>, 'W' ,,12 ak r ~n' 11 ... h IIJi c

IIWI,I[I .... ,'''' _ , ,0, I.. JI. , IIl.U1i;,.. ",;~, "_ , , .. , . '.' Utl ... ,-. .~.l .,~ ",'IUI'b-U, ;(t,C)

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

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 the Sacred House while being ritually impure due to menstruation, seminal discharge or due to minor impurity i.e. not making ablufion']

A:' I C wa s reported a fter 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 j ishah who was in her menses: ~I D'O what. a pilgrim does, except for circumambulation of the Sacred. House. I'~ When the - Prophet was told that his wi fe Safi yah 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 ~.n the year 9 A.H. to announce peop ~e that it .~ s not permissi b le for a pi Jg r im to. circumambulate the Sacred House while being nude.

:~[ 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 requires, a stay in the 'mosque, or because 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 ~ i and Imam Abu H' ani fall , disput-ed over the permissibility of recitation of the Holy Qur'an by a menstruating woman and one 'who su ffers fr011l1. puerperal . 'bleeding be fore washing: but after the cessation of bleeding into tJ.lIT C ' opuuons:

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 j 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:

But I arm menstruating, Hie replied: "Your menstruation l~ not in your hand."

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 by Abu Dawud on the autnoriry 0 I-' ~'A' ishah [tun the Prophet (peace be upon him) sai d :ii ~ d(,· not permit one who is rimally impure due to seminal discharge or a, menstruating woman to enter the mosque. jj

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

SilJ,W men of the Prophet's Companions stay in the mosque white d]~y were rituaUy impute dueto seminal discharge, ;:jj fter oerfe rmin 0 ;:j1lUe."~l1,if~i~nl·I' ]" ~'iIJ"iGJ 'th· ", arn iade before P"' '9,', ':,e I.

,'J.ll.!.;, ,It'"", IJ'l,UU, ~ !liIV~, .. ~~'l,lII, _ ,d'i .. ", ,. _I" WPl _',' u .... ,!lv[. • r Cil!yr .'

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

" . th hi .'.(>; Th"'" jf tl . f'

repeat intercourse wi I a rus wue .. ,18 IS a proo that r one

who is rituaUy imp-me: due to seminal discharge makes ablution, Ute parts of ablutionwill become ritually pure, which raeaes that :hh smre of ritual impurity willnot be complete

LI, '-'r .~;;~ oj, + ""_ .1-1'

However, it one W~S a mmor .rmpuruy, " Of an nnpunty

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',

This 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,

As regards a menstruating woman, 'whose impurity: is contimsous, is legally excused to stay ~. sleep and eat in the 'mosque" without making all lution. She is not forbidden to

~. '-

do 'what a ritually impure one is forbidden to. do. in case of

necessity,

On this basis, the prefer,ah,le' opinion of scholars is ·~hat a

. menstruating woman may recite the Holy Qur'an if s:h,e is 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 mbe former; 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 "that a menstruatingwoman is forbidden to observe Prayer before me cessation ofblood ", no matter sh -,s m' a' ~,,;a'Il:!' nur,i:-i't""''lI-t;;n,n or not and tbat her busband is

~,,_~ _' ,. __ . __ .lti.'~~ ,tf'_"_" ·~I~I!i;.;.'u:_:~,!u "'" y!l ~_~f_ •• ' •• '~, 1_:'_ .... ill, _"11":,,. I~~'~ JJJl' __ "_~'_.'l:."",lUll _,!.,:,

prohibited ~.;l, ba v~ intercourse 'cW'.:l·r .... her ' '~c~/ .... dch entailsmore

vll ,IU LIi,~ .. ILU l~ _ -y \.r ",,~, ... 'U1!J111.. .' lUI· ...... ' ~ '"",, lIILI,~ ,,, ~" .(.1 ,W,L) ,IJ-~.lv. Iiir-

strict forbiddance 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

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

Furthermore, some. other acts which, though are I,e,'s strictly prohibited, bu.tcannot:' be permitted witnour necessity", ' such a~ wearing silk, garments by men", drinking ." in gold or silver vessels, ete. " ","', ':: : .: '

It, is,' "hl6re ~tl·ict[Y' fo:rhidd'en , -Cd' pra:y: to 'ii' direcdon 'o:tJher than the Qiblah, to' praywith the" private parts uncovered, or to pray 'while there is an impurity on one's body or 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 ~by people and. pronounce takbir [Saying':

Allahn Akbar (A,~ lah is the: Greatestj],

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~es vihHe 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,

A bdiiUah sa rud in his

., i-'. i' '1 • • ~ _. , '- ~: .:- - I I . a • . '" •

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" mambulation since

f" !or' ..... ",ul!;.., ".~. ~I) .,ll.,u,,J, ,_ .... Wv ""' .:,UL- _ " u HIIlJ!' ,!JI!!U,WV.u~ ,.:;I" beL

circumambuladon is like Prayer -.

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. N e gJe.cting· puri fication, however, entails offering a sacri flee.

Those who argued that a person who bas not made ablution can make circumambulation, may jusltn'fy the 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 A s-salamu 'Alaikumwa rahmatul-lah (peace be upon you and Allah's Mercy and. Blessingsj] . Circumambulation does, 'not Ie Sf: mb ~e Prayer 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'·' , d' '~"." , 'f' p" "" , 'I~ '('7-"'>3'·) ute an .. I:h.ace 0, . ,rayer •• '. " " .- .Ii,,'

Thus a beauti ful apparel should 'be . 'worn when enter wng places of Prayer t.e. mosques This is not the case ~with

72

Prayer itself" as a worshipper should. cover his body for the purpose of Prayer, which m__a:y be 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 who is: ritually impure. due to seminal dID schar ge are not prohibited to' circumambulate ' , Ute Sacred House. asit is 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 one 'who 'makes" circumambulation wi thout ablution, despite having no- excuse to do 'that.

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, ritually 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

Imam Ahmad, " ,',' " ',:':, .,

n' was a.lso, 'reported ' tJh,a~, .some ,of :th~ .Companions perforrned Prayer 'while. 'being, rinwally impure due to

"3

seminal. discharge" before the Ql1:r· ar[]ic verse re gardlllg, Tayamm ". um 'W' ras '(AV' eale .. :~

:. ~'.".I J _, I} ,I, .,: __ ·.I~._~' ,:,-,,'" ea ~U'ii

*

'F-:-:o:;(,:-"b:-I"'d-: di-' ":~'n'o' a m enstrua t'-m'"' a W"lo,"m: '., an t on, obse ... v···,Q

. '~., .-'.--~'!!ii,' _J__j",,_,_Io:Il lUlU,. I ,~I_ ", .II .I,ul. "'~Jl_";;

F'astinl,in Ramadan

.A. menstruating woman j is not required til) fast during her n;,""'O,i:j\E>.:i ~'h- ,B m a- ymstead .' m - - ak e, un fn rthe d avs ""]1'""' ,;11'11(4 not

1,~,lUw':I,.IJ~ri:!!I,. ,.:) ","",' " , _'_", ' r ,i,[.l~'~~._- " _' Q._. 1~1 _._-~~. ,.,_-.-' I..W,n;,:, -~,.1 ~_I 1;1 ,,~ U,~U ~_J,' ~

fast ill a momh other than Ramadan, A traveler anda sick 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 tor themissed days. of Pasting for one jnonth only, If she suffers lstihailah l[ continua.~ va,I~]Ja,~ bleeding.l she i s perll~ruued to 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 ba ve s~nc.[~ty more than Prayer ~, which is not correct, since Prayeris so sacred tha t it cannot be performed by 8! menstruating woman, The 'Prayer performed while WOl1l3n is :rirwu;aUy'purejs, thus,

'74

regarded a compensation of the Prayer missed whi ],e she 'W·' 'a- ~ ritua lly impure

r ,:t~ .t..~ ~. til. ILIa .. : J,I ',.I_" .:'ii

. '

Argument: ,

It ~s argued that if circumambulation ~f permitted (luring menstruation, both Prayer and F astiag 'will a ~ so be

- ,

permitted duringmenstruation, which, can never occur.

Refutation :'

Fasting during jnenstruatlcn is ulnmaeely unnecessary ~ 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 to make up for the missed days of

, .,

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

Supererogatory Pra yer I s not penni tted at times 'when performing Prayer is disapproved, unless his a, causa I Prayer "~'.e.' that "ws. . performed 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 unti 1 the time of disapproval passes ,. '~t may 1111 ss 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 ru 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 ~j i.e, all females, If tile Prophet permitted women to perform Prayer during menstrusrion t 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 J 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,

ThMS a menstruadng woman ~ is not permuted 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 ,tile Prophet (peace be upon lliI'n) ordered Asma ~ to take a~ ritual Ibarhuponmaking Ihram, when the former suffered puerperal bl~eding frollow:ing ('tIe birth, of 'M uhammad b~n Abu Baler. He (peace be tripon. :nini) also ordered aU women

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

He (peace _ be, upon bini) also _ pennlaed menstruating women to pronounce Talbyah, at.meud ~ Arafah, supplicate AU;ab and remember 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 .~ s against ..

The previously m ..... ntioned 'b'a,.·,~'~m'-nfJ ~;ill; which "W"'O'I'1t[l'~:IfiI' d '0'

~. 1,·11.,. 'If I '_ .:_~,_;. "~, L-1l,U, ~::. , .. ,··l!IU11IL ~ I'!'~ ...... ,t~~I."_'"l, ,', - _,!ILI.~~~ . p

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 i s no I: required, to mite: a bath up on her arr w val tLQ, Mecca and at

~he occasion of ,attend'in,g' Arafah, .

As. a menstruaring woman is forbidden Ito perform Prayer, but not forbidden to say remembrance of ,AUah without disapprcval , ihe difference becomes clear between when ill

needed and what is not needed, Argument:

A ritually impure person ~1.]J.e to seminal discharge and nne who is not taking ablution are permitted to say all kindsof remembrance of A llah ~ thus tbere i s no resrtiction is thi s . Refutatiom

. ,

A f](ilLlalRy impure;' ',person, due to seminal "discharge is

forbruddento recite the 'Holy QMf'-an., :If. is disapproved fm," him '~O 11'U~,k.e Adhan [c~,U for 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'~ so recommended to' onewho is not taking ab hni 011 to 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 out puri flcat~on 1m s UO~, di sapproved, due to the uninterrupted reports in I~he Prophenc Sunnah which

supported ~h;a.t .1' ' , ,

. .

*

1,

• '! i I'P .

• • •• I ". I

• <

.' .

'. .

Recitation of 'the: Holy 'Qur'.;uj br a

t t··,

mens . rua'i_ln,~ woma'll

• ! •

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' [0 seminal discharge is permitted to recite any portion from the: Holy Qur'an, n this narration is-judged .a~ weak by the scho lars of hadith stud .. ies, It is not traced bac k to the Prophet (peace be upon him)

If 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 COID1.11Unit-y through the Mothers of Believers j.e. the:

Prophet' s wives.

, ,

* , , *

Mens:truation andI" tikaf (ISeclusion' hi ,a Mosque

for worship)

tl~isaiSo indica.te5, that prohi bit'i~g: 'it menstruating woman 'to .circumambulate is just like prohibiting her to seclude in 'the, mosque 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, If 'wt had been. permissible for her 'in spite of continuous menstruation, 'the mosque would have been permissi ble for cfue menstruating women.

As t7or' circumambulation, 'it 'is not '~(),b~: .p~rfonried except l n the Sac red Mosque as it is' restricte d ~o a certain ])1] ac e .

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 Thljs wife as AJbih said:"~! Do not associate with your 'wive s 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 t~, ,. because ha v ing intercourse 'with one's . wife is . not permissible in the mosque whether for a person who secfuded himself in or not. W'hen such person is obliged to ,Ket out of the mosque

. for necessity; it is not permissible for 'him, to have intercourse with his wife.

,I, '. : •

. . . . .: . ~ : . - . .

• I' •• r

.. .. ...

. . ...

As long as this act resembles 1"" tikaf, and 'it is permissible for . a -"menstruating' woman.'. to" 'ge:t. ou.i"· for - necessity,

menstruation has not cut ofthef F'tikaf. Allah menti 0 ned. the acts of I .. ··dkaf~ circumambulation and prayer when He referred to cleaning and sanctifying H .. is House as He said:

. . f' .. - - .. .

'~~SaocdfyMy House' 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 .. l I!I,

I

. • • • • I .

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

just like I' tikaf not prayer ~ 'because prayer 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,

Summary

In fact, 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 p rohibited 'for them except h2J( ving

intercoursewirh their wives.. . . . .

... . .

. .

. .'

...

. '. .

. " ," .

. :',', .: . :' . '.' .' '. .... :J ;.::. . . . .: ....

If a pilgrim 'has intercourse dur~nn. this period, his Ha.'U··· is

, ' •. ",.- '", ", .f .•• 1:: •• ~ •.•• = '_ I·_i, .,~. _.', , '. ,,",(OL',IO" .,p

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

. and. purified fOol' those who circumambulate, seclude themselves in. it, bow and prostrate, circumambulation is nc ~ .'IlI type '0· rf prayer, W' '.' '11,!G>'f]-· one 1~1!~."iC>f'.i not perform anv "':;,f

I~ .. ~. Q. <e , -.~. ,_, , .. l_,~:: I .... j ,,' ~.L. v~, .. y''Il,.,aI~~ .:v'!Ib,,~' It" 1,,", QW", J' 'UI._

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

IU

If . he does not perform an obligatory act during circumambuladon, .' this is a point of discourse where' scholars exert their efforts to reach a judgment.

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?

. '.';. ..... .

, .

There Ire' claims thai" when' . 'a,' womenIs unable to

. -

circumamoulate beceuse: of menstruation, 'she should return home while she is. s,till in her state of Ihram ~ treated just like those who are prevented from performing Haji (Muhsar), Hajj is no lo'~:e'robUgato:ry on her t 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, '

As for the saying 'of some Imams that she should slatjghter an animel Of"m:erurn. home 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.

'The scholars of this age 'Used to order those responsible r~ ~r

the H' '~I.'·": ",' f,' i'F' .", '~.ff"1 "';."1' "", -, ,'1'-', ,." titu,

ne "all JOlU ney 1,,0 stay 1:0 1,'I'.I!~CCa, unn .mensnuanu .. ,

women are pure and, they perto nn e ircumambulation,

imam, ,:Malwk, "and . other; scht)]atrs see~har~,.the, .per~on in c,harg:e '. of the" HJajj j ourney should stay undl menstruating wO'me'Fl.:. are " pure, and they pe rform circumarnbnlation. Yet 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 should. be ]n~e:rpreted 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

Muhammad. .

, ; "', ~ " " , '

". oil.· ",. •

•. .. i

-'1" .....

, '

.. I· ... :

Q""' T' "11,9 s,'ni1i1~;"lk'l]"" .n.f'l'to1a-m":', ""'UJ''Cii'it! ask 'ed about menstruation

+' _.,' _~ ',I.~.~~." •. j: IV '. .1I.~1> .. ~1.1 .:: YY.·CIL.:;Ji. :t:_l2i ~~>'" .fI' .IU .• _ l~J~_ ;i:lIil,7 bUt.· It.,,_.

'whi,ehhappens to many WOIllJIDen during Hajj and the various cases of

83

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

• The: first case: A woman may menstruate air tbe: beginnin,g, .. of the month, and. she can 'not circumambulate except in this case off ritual impurlty. When standing at~"Arafah, some' yeUowisband 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

the f "t- tt :. 'i!<. I .... r th e"' "Ot nth tii ~1 th "'" il:'j!OIi'!liI''';''["1- t. .... Q,11- "'" ..JlilI'~,! o .. t,~ the

~~I~~ . I .~~. u. . ,1',_ ,. II. . 1w..~lL _- l~ ~ ¥~, __ JWIL.:o ,01 U!Cij,.J' " .w~,.

month or' even more, She stood ar ., Arafah, thr1ew the pebbles", and, performed the Ifadah circumambulation while ';sheis 'mensnuat~ng., Besides, she has not managed to perform "Umrah.

• The: £b~:rd. case: 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 concealed 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 ...

A: A meastruatlng woman sttHJ!l.dd perform 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 ~at Obi Al .. Hulaifah, the Prophet ordered her to wash and enter :iooo the 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,

'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 The .. third is me, mostproper one, I f such materials get out along w:i:thdie 1:dla}ck and red. blond, [hey are a S;~.ifl of menstruanon. Otherwise they are not,

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 [lO .consider a~] this period as the momhly period. Umm ~ Atiyahalso said:

Aft-e,r. purity from rnenssruanon, w~ were not used to pay the least attention to ye llowish and brownish 111 21! te ria] s aet tin 0: QUi' of tJ' ae V 'Jog'. in '"

:::;" ,I~[ '~ .... I~,.. .1;.0 'H.I.' "t,.

According . to the unam n 1:0 lIS agreement om~ M u sli m scholars ~ rirual impurity is a condition for' 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 a condition accordinz to the unanimous agreement of Muslim scholars.

There 'is dispute among .scholars regarding ritual purity, - b;, it at condition - fo r proper c i reumamh u~at~()n jUS{: as fo r 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,

There . are two famouspoints of view OIl 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 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,~,d slaughter 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 .~ s a camel or a sheep + He 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~.y these, ruliAgs 'when a person bas an excuse such as forgetfulness, while others, apply .them as they are without making distinction whether a person is

excused or 'Dot. ' ," ,

8·"

Scholars , wbo stipulate ritual impurity for circumamoularion argue that il is just like prayer, AnNasa) i and OJhe:rs, reported, that Ibn '~Ab bas narrated that 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 S acred House -whne they are naked except fur a tribe called A~,Hums. who" ,used to 'w'ear their clothes during

., b ] "

cucumamnu anen.

i ..

. . ..~

, '

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 ..•. ':, " ' ' ' , , "

" '

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":

,~Ic.c . .:iiI ~~Al I "" "'''''i*"-m' isnded r--~4e1..1I~i~1~!I· .c!la. y :t u:N··· .. oa.w.·_·" A,1la11

RnU . nil.. CV.illiI.L ftIIi;llll.l. _ u~ lJJ,U!~;, ~. _ .•. ' • . ~J , _

never oomutandswhat is shmn.eful: 11,0 you say of .Allan what YOUItnow Dot?!1

r~ie: .' SmW_;arwe:rul '. act ' l"IDle:nmitined:" ~ 111.· ~ . 'the: " .. ' verse,"; w's circumambularion - around, mhe Sacred House while they are naked..' .". Henee, . ,major "ritual impurity 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 'mot conditions fat '3, sound H ail and if a pilgrim d.id. not perform them on -','j., -", - .;\,,",p, or t~fl..Ji!g'.:Atfu"I]-l.-f he C'lhv~,liil·~: slaushter an animal, This

pilll ("'- .... .:111.> v v.~. _.., .. , .... ) • ,. .:!~~ .... ~,~y ~, . __ _ ... _

is not the case 'with prayer, .

A'1"'e there obljgatory a,c.[s~n prayler which; 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

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]),.He allowed for the woman who circumambulated during. her purity 'I 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

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

lf she menstruated; before 'I:fad_ahj,' she 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

They 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) 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 1 y pure and perto rms circmeambulation.

Nowadays, 1110St women could not stay after the :H~Ji party leaves Mecca, They usua.Uy leave Mecca a day; two or three after the Tashriq, A womanmay ha ve menstruated on th,e Slaughter Day and. she will be pure after se ven days

or 11lnre ·S··· he coul AI not '" tav in M' .... A "o.r;,;} "- o· iI' ~] <:,[U'-,,:;..'_ - ~ ft'- . . 1111

_ I. v.' c, ' . ' .. 'y ,~ ~ .. v·i "J,1. ) ',. 0C":;:u U . d ,ju,.;; lS 1111..UULuy

pure, either because she doe s not have enough money or there are, no people to stay with them and return home in their company.

She may be a fraid that a harm may afflict her, 'he r 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 ~e to 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 an excuse. Yet. ws it ~ pe:mliss~blefor her to eircumambulate 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 3,(:"&8, which he can '[lot do, '~he'y are not obligatory, In. this ease, a woman wUI cjrcumambufate, W'asI'll even if 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.e rno s~· reasonable legal opinion for the: following reasons:

Fir,st:. this woman can do llotlhrung except for (]iuy of the following five acts,

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 . ace to take as shelter? If she did. not 'te®urn borne ;;lnd simyed 'in Mecea, some 1112L~{ oblige her to adultery 01 even 1"0 b 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~.anl just 11k,e' 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 -.. Umrah,

4. W'henev,er a woman expects . tomenstruate and hence she can not -eircurnambulaje while she; is pure, she is not to 'be enj oined to perform Hajj. A bout fi fty percent of women menstruate either on-the tenth day 'Of the ITIOntb or days before it Their menstruation lasts one,

two or three days after ~h,e Tashrjq. Therefore, they ~ almost always, can not perform the Uadah Circumambulation -when they 'Ire ritually pure. Even if a woman performed Hajj, she jnust have .recourse to any of' di.e abo vie-mentioned three options, unless she would circumambulate wbUe she is menstruaring.:

It is' 'weU : known .' that . at WQJI11an· is not [0 beenjoined to perform. the.' first option, .because . -itIeads 'to doing away 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: .

~ . .'

....

F··~·I';·I·st···· A·· 'I '11,,1 h n eve '1" ord ers anybod 'y' ~'O·· .'. stay '1"[71 j'''le' s,~·r:blf# 0',1'"

, ., I. - 'II L:: = WI~- I ~ 'f. _ l -.", . - ," . = _', L(, . __ 1J .,:_' lib· Lli. ~ _ .. lIJ. L~ ,'I!.~'lllL,~· I, I

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. .. ' .

'11' hr ,.'.: '.'. ho -," .'.' ented I .'.... ,f,:'- .. Y··-· ·,d-·· 1'P' the . ·,I':lt·., of 'jTh' .;' I'

.. ]0 se W 0 prevenre . IUn. rrom en. ,lll=, ie ,s,,3i. eo. .1 1 au}

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

'can 'p". ut an lend to me state of Ihram by performina a,

, to' !t:" ~I

.~

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

, ,

As for the sick, once he: restores lli s he31l~h, he can resume his 'H~jj or' Umrah, The peerperson's need to cemplete tbe Hajj journey w s just n ke 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 end It",

. _'" - '." - 'n' LW,~, U,I. _. ,.:3, ._ ,.~,~- .1,_-, _ " U _ .l,lIJi~ ..;.li,W;v _' U, ~ ~ __ . '~ __ '. ~,_, _' iI,.~~1.

the state of Ihram is 1110re proper. If the second op,j n~OI1 is 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 i 8 ,~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 pers-on' 'pr'f'venred from completing HaE or" Umrah because of severeillness or abject poverty which" does not allow :b]m~o travel, and hence hekeeps his state of 'uiram, such saying i s[efuted~ccordini to till" fundatmenrals, of religiou, No' j urise has ever sa m d tha t ~1 very sick person _ sh.ou:~d keep his state 0 f FhrarrlJ unt~ [I Ill' dies, Instead, another Olr]e' is to perform Hajj on bell a Ji 1- (I;

him if 'he has sufficient 'money according to Shaft" I and Ahmed.

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 I 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 ..

_ .

Third: This' "m,e'tins, d~at such woman w~ll travel twice for Hajj 'without, doing anything illegat. This 'ruling is not in conformity with thefundamentals of religion, Allah made Hajj obligatory on people just once during their lifetime. A 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 with the rules of H ajj, Therefore, the Prophet (peace be upon hun) allowed her not to perform the Farewell and Arrival circumambulation as tn the traditions narrated by "A 'ishah and, Safiah.

As for the. second option that she shoukt put an rend 'no (he state of Ihram just like 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

all . '.- ,',-,- - wb o' prevents her from circumam - bulatien A",

, ' eneluy: __ ," ""-''Il",'W,J,i,i) '._ ,~'" ,L.i "" . .ii!".,!",11 ,"' ',:i_ _, l, ",,-

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 .him ataJ 1. Safe roads '~O Mecca, and enough time to travel are obligatory conditions according to the unanimous

a- ereemenr of M '11'·S:·11"'ffil -'8·'

0. 1, •• _. '__:_:::'I::J_ .l,:.JJJ .. ,': .LI, .. " Ii!

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]j on 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 WOU12Ul is prevented from eomp,],eth:l.g Hajj and hence she can end, ~he state of Ihraru, he 'is entitled tJOI 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. .,

,} t is well know th~t this later opinion does not cnnfo rm 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 .~ s able to do. The:

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 a lso said: 'I~SO fear' Alb(1I as 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?

, ,. ~

Likewise l' some may say that she. should not perform the

1" d'.· 'iIl-.' c_:', - -~"'",'('" b , 1 tier '-'f"'h'~~· ',' I'· '.' "' disco rfc ,',' ·,t'.

rrac an crre umam . uia uon, ,. U; IS ai SO ]]1, lSCO n .. 01 111h y

with the fundamentals of religion, Hajj is just standing at .. Arafalt ~nd circumambularion 'with· 'the '~ . atter being the '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 at] on which are not requ ired for standing ail ' A rafah. How comes that Hajj is 'perm] ssible withoutc ircumambulati O~1?

It is more 'suhable to say that it is permissible .-01' her to perform the Ifadah circumambulation before standing at ... Arafah, In this case ~ ~ it is ' P ermiss ible fo r her to.

98

circumarebulate 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

,e ircumambul 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 i· 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 :i s not required for sue 11 excuse, The same thing is applicable as far' as ritual 'purity is concerned ace ording to Ahmed ~ s juristic sch on 1, If a 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. ,

, '

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 .ani mal .

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