Category Archives: Fiqh

26 Oct

When does Dar al-Islam become Dar al-Kufr

The Jurists differed in regards to when Dar al-Islaam becomes Dar al-Kufr.

The Shaafi'i school of thought has said that Dar al-Islaam never becomes Dar al-Kufr under any circumstance even if the kuffaar gain superiority, evacuate the Muslims from of it, and their 'ahkaam become supreme.

The Maaliki and Hanaabilah say that Dar al-Islaam becomes Dar al-Islaam when the 'ahkaam of the disbelievers manifest in it.


Reference(s):
Kuwaiti Encyclopedia of Fiqh
Volume 20 Page(s): 201-202

 

10 Oct

Marriage is mustahabb

Marriage is mustahabb. It is not waajib unless a person fears he will fall into sin. Then, he must get married.

This is the opinion of the masses from among the scholars.


Kuwaiti Encyclopedia of Fiqh
Volume 24 Page 60

 

07 Oct

Urine of a small male and female child

There is a female and male child. Both eat food and have reached two years of age.

Their urine is impure just like the urine of a grown up.

There is complete agreement among the Jurists regarding this.

When the urine soils a garment it must be washed. The evidence for this is the following hadiith

 

Narrated Abu Huraira:

Allah’s Messenger (sallallaahu alayhi wa sallam) said: “Beware of (smearing yourselves with) urine, because it is the main cause of punishment in the grave”.

[Reported by Ad-Daraqutni]


Ibn Hajar said it is Sahiih in regards to the chain of narrators.

Abu Haatim said that the raf' (attributing it to the Messenger (sallallaahu alayhi wa sallam)) of this hadiith is baatil.


We have a small female and male child. Both do not eat food. They are in the age where they are breastfed. There urine is impure like the urine of others according to the Hanafi and Maaliki schools of thought in regards to the fact that one has to purify what is soiled by the urine based on the above mentioned hadiith.


The Maalikis have said that if a little of urine or feces of the small child soils the garment or the body of the one who breastfeeds, regardless of if she is the mother or some one else, then it is forgiven provided she did her best to avoid the impurity from soiling her when it came out. However, it is recommended that she washes it.


The Shaafi'i and Hanbali schools have differentiated between the urine of the small female child and small male child.

If a garment is soiled by the urine of a small male child, then sprinkling water on it suffices.

If a garment is soiled by the urine of a small female child, then one must wash the garment.

They base their opinion on the following hadiith

 

Ubaidullah bin Abdullah bin 'Utba bin Mas'ud said:

Umm Qais, daughter of Mihsan, was among the earliest female emigrants who took the oath of allegiance to the Messenger of Allah (sallallaahu alayhi wa sallam), and she was the sister of 'Ukkasha bin Mihsan, one amongst the sons of Asad bin Khuzaima. He (the narrator) said: She (Umm Qais) told me that she came to the Messenger of Allah (may peace he upon him) with her son and he had not attained the age of eating food. He (the narrator, 'Ubaidullah), said: She told me that her son passed urine in the lap of the Messenger of Allah (sallallaahu alayhi wa sallam). The Messenger of Allah (sallallaahu alayhi wa sallam) sent for water and sprayed it over his garment (over that part which was contaminated with the urine of the child) and he did not wash it thoroughly.

[Sahih Muslim]


Abu Al-Samh said:

"The Prophet (sallallaahu alayhi wa sallam) said: 'A girl's urine should be washed away and a boy's urine should be sprinkled with water.'"

[Sunan al-Nasaa’i]

 

Everything that has been mentioned of the agreement of the Jurists and their disagreement regarding the urine of a small male and female child also applies to the vomit of the small male and female child.


Reference(s):
Kuwaiti Encyclopedia of Fiqh
Volume 27 Page 25-26

 

06 Oct

Does touching a woman break Wuduu?

According to the Hanafi school of thought if a man touches a woman, his wuduu does not break.

They base their opinion on the following hadith

 

'Aishah reported:

The Prophet (sallallaahu alayhi wa sallam) kissed one of his wives and went out for saying prayer. He did not perform ablution. 'Urwah said: I said to her: Who is she except you! Thereupon she laughed. Abu Dawud said: The same version has been reported through a different chain of narrators.

[Sunan Abi Dawud]

Urwah narrated from Aishah that:

"The Prophet kissed one of his wives, then he went to the prayer and did not perform Wudu." He (Urwah) said: "I said 'Who was it except you?'" [He said:] "So she laughed."

[Jaami al-Tirmidhi]


The majority hold the opinion that if a man touches a woman, his Wuduu breaks. This is when there is no separator between them. If they touch without a separator, the Wuduu of both breaks.

They base their opinion on the following Verse of the Qur'aan

 

O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying or in a state of janabah, except those passing through [a place of prayer], until you have washed [your whole body]. And if you are ill or on a journey or one of you comes from the place of relieving himself or you have touched women and find no water, then seek clean earth and wipe over your faces and your hands [with it]. Indeed, Allah is ever Pardoning and Forgiving.

[Qur’aan 4:43]


The Hanafis contend that touch in this Verse means sexual intercourse as Ibn Abbaas (may Allaah be pleased with him) has said.


Reference(s):
Kuwaiti Encyclopedia of Fiqh
Volume 16 Page 237-239

 

06 Oct

Can you shake hands with an old woman?

The majority of Jurists hold the correct opinion that a man is not to touch any part of the body of a woman who is alive and a stranger whether she is young or old.


The Hanafis incorrectly say that it is permissible to shake hands with an old woman and touch her hand because there is no fear of fitnah in doing so.

The majority have based their correct opinion on the following hadith

 

'Aishah (may Allaah be pleased with her) said that the Messenger of Allaah never touched the hand of a woman…

[Sahih al-Bukhaari]

Additionally, touching the hand of a woman is much worse than looking at her when it comes to desire.


Reference(s):

Kuwaiti Encyclopedia of Fiqh
Volume 37 Page 286

 

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