Category Archives: Fiqh

18 Jul

Qiraa’ah al-‘idaarah

Ibn Taymiyyah says:

Qiraa'ah al-'idaarah (where one person recites a portion of the Qur'aan and stops. Then, the next carries on reciting from where the frist stopped) is good in the opinion of most scholars.

al-fataawaa al-kubraa
Volume 5 Page 345

 

 

al-Nawawi says:

Chaper in regards to al-'idaarah and this is when they come together and form a group. One recites 10 or a juz then becomes quiet and another reictes from where the frist stops. Then, another recites and likewise. This is permissible and good. And Imaam Maalik was asked regarding this and he said: There is no harm in it.

There evidence is the following narration:

 

 

Abu Hurairah (May Allah be pleased with him) reported:

The Messenger of Allah (sallallaahu alayhi wa sallam) said, "Any group of people that assemble in one of the Houses of Allah to recite the Book of Allah, learning and teaching it, tranquility will descend upon them, mercy will engulf them, angels will surround them and Allah will make mention of them to those (the angels) in His proximity."

[Sahih Muslim]

08 Jul

Swearing an oath by the Name of Allah also used for others

There are Names of Allaah which He is named with and others are named with as well such as al-Hayy, al-'aalim, al-mu'min, al-kariim, al-shaakir, etc.

 

If someone swears an oath by such a name then according to al-Shaafi'i an oath does not come to be even if he intended by means of it the Name of Allaah because an oath is only contracted because of the sanctity of the Name and when there is the possibility of al-ishtiraak then there is no sanctity for it. Mere intention is not sufficient for the contracting of an oath.

 

The Hanaabilah, in contrast, believe that the oath does come into effect. They agree that intention alone is not sufficient for an oath to come into effect but here when the person has made the intention then the name which harbors the possibility of being the name of someone other than Allaah and the Name of Allaah has now – because of the intention – been directed to one of these two possibilities namely the Name of Allaah and is like having been explicitly stated.

 

And if he intended to swear by means of someone else (other than Allaah) using that name then the oath does not come to be because of his intention.

 

08 Jul

Oath from a kaafir

According to al-Shaafi'i, Abu Thawr, Ibn al-Mundhir, and Ibn Qudaamah an oath from a kaafir is valid. He is obliged to the kaffaarah if he breaks is. This applies whether he broke the oath while he was a kaafir or after becoming a Muslim. The evidence for this is the following:

 

Narrated Ibn `Umar:

that `Umar had vowed in the Pre-Islamic period to perform I`tikaf in Al-Masjid-al-Haram. (A subnarrator thinks that `Umar vowed to perform I`tikaf for one night.) Allah's Messenger (ﷺ) said to `Umar, "Fulfill your vow."

[Sahih al-Bukhari]

 

08 Jul

Swearing an oath while lying

He who swears an oath for something while he knows he is lying then there is no kaffaarah because what he has perpetuated is much worse than it be expiated for by means of kaffaarah. This is the view of the majority of the people of knowledge. These include:

Ibn Mas'uud
Sa'iid ibn al-Musayyib
Maalik
al-Hasan
al-'awzaa'ii
al-Thawri
al-laith
the ashaab al-hadiith

 

Reference(s)

al-Mughni

 

07 Jul

When does Darul Islaam become Darul Kufr

The Jurists have differed as to when Darul Islaam becomes Darul Kufr.

 

The Shaafi'i school holds the opinion that Darul Islaam never becomes Darul kufr under any circumstance even if the Kaafirs gain the upper hand and drive away the Muslims from it and their (i.e. the kaafir) laws become apparent there.

 

They base this on the following narration


الإسلام يعلو ولا يعلى عليه

Both Sheikh al-albaani and Ibn Hajar graded the narration as hasan.

 

The Maaliki and Hanaabilah hold the opinion that Darul Islaam becomes Darul kufr when the laws of the kaafirs become manifest in it.

 

Kuwaiti Encyclopedia of Fiqh
Volume 20 Page 202

 

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