Category Archives: Fiqh

11 Aug

Tawaaf al-Quduum

The majority of scholars consider the Tawaaf al-Quduum to be a Sunnah. The Maaliki consider the Tawaaf al-Quduum to be Waajib, in association with certain conditions, for the one performing the Hajj al-Qiraan and Hajj al-Ifraad.


According to the majority of scholars it is not permissible to perform the Sa'y prior to the Tawaaf. If someone performs Sa'y prior to Tawaaf then his Sa'y is not correct according to this view. Since Sa'y is a Rukn from the 'arkaan of Hajj, the person will have to redo the Sa'y if he wants his Hajj to be valid. 


Ibn Uthaymiin is of the opinion that if someone performs the Sa'y prior to the Tawaaf then it suffices though one should not do so. His evidence is the following Hadith:


Usamah bin Sharik said “I went out with the Prophet (sallallaahu alayhi wa sallam) to perform Hajj, and the people were coming to him. One would say “Apostle of Allaah(sallallaahu alayhi wa sallam) I ran between Al Safa’ and Al Marwah before going round the Ka’bah or I did something before the its proper time or did something after its proper time. He would reply “No harm will come; no harm will come except to one who defames a Muslim wrongfully. That is the one who will be in trouble and will perish?

[Sunan Abi Dawud Hadith No. 2015]


04 Aug

He can prevent her

The Jurists have explicitly stated that the husband has the right to prevent his wife from eating anything which has a detestable smell to it such as garlic, onion, and leek because it prevents one from kissing and fully enjoying [ones wife].


Kuwaiti Encyclopedia of FiQh
Volume 34 Page 227


29 Jul

To visit a kaafir who is ill

What is the ruling of visiting a kaafir who is sick? Is it permissible to do Ruyqa on him with the dua which has come to us in the hadith?


There are three different opinions among the scholars regarding this matter.


First, it is not impermissible. This opinion is Qiyaas based on the fact that you cannot initiate the greeting of salaam to them.

Second, it is permissible to do so because this is a form of righteousness which Allaah has not forbidden.

Third, you are only allowed to do so when your intention is to call the kaafir towards Islaam. 


Ibn Taymiyyah has chosen the opinion that it is permissible to do so. He was presented with the scenario of a group of Muslims who were neighbors to Christians and asked if it would be permissible for a Muslim to visit the Christian when the Christian falls sick. 

He replied: As for visiting him, there is no harm in it because by doing so there is the possibility of the benefit of influencing his heart toward Islaam. 


This is even more stressed when the ill person is a relative or a neighbor. It is highly recommended that when one visits the ill person he invites him toward Islaam by good manners and by explaining things.


Abu Abd Allaah was asked if it is permissible to visit a relative who is a Christian when he is sick? 

He replied: Yes. 

He was asked: Even if he is a Christian? 

He said: I hope the matter of visiting [the sick] is not restricted. 

The following serve as evidence for this opinion:


Narrated Al-Musaiyab:

When Abu Talib's death approached, the Prophet (sallallaahu alayhi wa sallam) went to him while Abu Jahl and `Abdullah bin Abi Umaiya were present with him. The Prophet (sallallaahu alayhi wa sallam) said, "O uncle, say: None has the right to be worshipped except Allah, so that I may argue for your case with it before Allah." On that, Abu Jahl and `Abdullah bin Abu Umaiya said, "O Abu Talib! Do you want to renounce `Abdul Muttalib's religion?" Then the Prophet said, "I will keep on asking (Allah for) forgiveness for you unless I am forbidden to do so." Then there was revealed:– 'It is not fitting for the Prophet (sallallaahu alayhi wa sallam) and those who believe that they should invoke (Allah) for forgiveness for pagans even though they be of kin, after it has become clear to them that they are companions of the Fire.' (9.113)

[Sahih al-Bukhaari]


It has also been transmitted from the Companions that they visited the kaafirs who were ill. Abu Dardaa' would visit his neighbor who was a Jew when he fell ill. 


Narrated Anas:

A young Jewish boy used to serve the Prophet (sallallaahu alayhi wa sallam) and he became sick. So the Prophet (sallallaahu alayhi wa sallam) went to visit him. He sat near his head and asked him to embrace Islam. The boy looked at his father, who was sitting there; the latter told him to obey Abul-Qasim and the boy embraced Islam. The Prophet (sallallaahu alayhi wa sallam) came out saying: "Praises be to Allah Who saved the boy from the Hell-fire."

[Sahih al-Bukhaari]


Doing Ruqya on the kaafirs


As for using the 'ad'iyah which have come to us in the hadith and Qur'aanic Verses to perform Ruqya on the kaafirs, then it seems that is permissible based on the following hadith:


"Abu Sa'eed Al Khudri narrated:

"Some of the Companions of the Messenger of Allah (sallallaahu alayhi wa sallam) came across a tribe of Bedouins that did not entertain them, nor behave hospitality with them. Their leader became ill, and they came to us saying: 'Do you have any medicine?' We said: ' Yes. But you did not entertain us nor have us as guests so we will not do anything until you give us something.' Then they gave sheep for that." He said: 'So a man from us began reciting the Opening of the Book (Surah al-Fatihah) and he was cured. So when we came to the Messenger of Allah (S.A.W) we mentioned to him, He said: 'How did you know it was Ruqyah?' And he did not mention any prohibition against it and he said: 'Eat , and assign me a share among you from them (Sheep).'"

[Jaami al-Tirmidhi]


The apparent meaning of the hadith suggests that the Bedouins here were kaafirs because they did not entertain the Companions (may Allaah be pleased with them) of the Messenger of Allaah (sallallaahu alayhi wa sallam).


What about making dua for the kaafirs?


It is also permissible to make dua that Allaah guide the kaafirs. What is forbidden is to make duaa that Allaah give them Paradise or to ask forgiveness for them. 



Visiting the ill kaafir, doing Ruqya on him, and making dua for him

28 Jul

To marry a woman with the intention to divorce her

The difference between the Mut'ah marriage and marrying a woman with the intention of divorcing her.


All of the scholars agree that Mut'ah marriage is impermissible. It is haraam. There is no difference of opinion on this matter. 


What is Mut'ah marriage?


Mut'ah marriage is that a man marries a woman for money for a specified time period which both agree upon. When the specified period elapses, the marriage is over without the need of divorce. The man is not obliged to provide nafaqah to the woman or any place of lodging. She also does not inherit. The laws of inheritance do not apply to her. 


This form of marriage was permissible in the early days of Islaam. Then it was made impermissible. There were some Companions who maintained that it was permissible for a time period. Then they retracted from this opinion of theirs. An Ijmaa occurred that it is impermissible and has remained such until this day


Ibn Mundhir said: Some of the awaa'il allowed a dispensation in it. Today, we know of no one who allows it except for the Rawaafid. There is no weight for that which opposes the Book of Allaah and the Sunnah of His Messenger (sallallaahu alayhi wa sallam).


al-Qaadi 'iyaadh said: Then all of the people of knowledge agreed that it is impermissible except for the Rawaafid. 


What is marriage with the intention to divorce a woman?


This is when a man marries a woman with mahr, witnesses, presence of her wali, makes public the marriage, and fulfills all the 'arkaan and conditions of a valid marriage but keeps inside him the intention that he will divorce her after a certain period of time, after some unspecified time, or after he has completed his studies, etc. 


There are different opinions regarding such a marriage


The majority hold that the marriage is valid as all the conditions are fulfilled and there is nothing from saying that it is invalid. 


Another group of scholars is of the opinion that such a marriage is impermissible but if contracted, then it is valid and all legislative rules will apply to it such as obligation of the husband to clothe and house his wife. The laws of inheritance which apply to the wife will come into effect when the time comes. 


They say that such a marriage is haraam because it involves deception and is playing with the sacred institution of marriage. However, since all the conditions and 'arkaan of marriage are met the validity of the marriage has to be accepted.  


That is why Imaam  Maalik said:


This is not from the manners of humanity


Imaam al-auzaa'i was of the opinion that this marriage is the same as Mut'ah marriage. He said the marriage is Baatil (void). His evidence is the hadith that deeds are based on intention and this man has entered into a marriage contract which has a stipulation just like in Mut'ah.  It is just like a man who marries a woman with the intention of a Mut'ah marriage but does not stipulate that it is a Mut'ah marriage. 


Despite the difference of opinion amongst the scholars it is evident that such a marriage is nothing less than deception. No one should indulge is such vile behavior. Allaah knows your intentions. You may hide your intentions from the world but when you make an intention to divorce someone and do not tell them and marry them you have deceived the person. The very fact that you hid it was because you knew the other party would not accept your offer if they knew what you hide. 


You deceived them. This is against what Islaam teaches. Those who contract such marriages should be ashamed of themselves

23 Jul

Combining Maghrib and Ishaa at Muzdalifah

According to the majority of scholars praying the Maghrib and 'Ishaa prayers together at the time of Ishaa during the stay at al-muzdalifah is a Sunnah. The 'ahnaaf have said it is Waajib.


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