Category Archives: Hanaabilah Fiqh

10 Jul

If your wife refuses you sex

Your wife is entitled to maintenance (nafaqah). It is your obligation to provide for her maintenance. You have to give her her due nafaqah.


If, however, she refuses to give you sex, you are not obliged to give her the nafaqah. The nafaqah you give her is in return for the sex she allows you to have with her.


When she refuses to give you sex she comes under being naashiz. Nushuuz cancels the obligation of giving her her nafaqah.


Nushuuz is the verbal noun of the verb nashaza. Nashaza lexically means to be disobedient. nushuuz, thus, means disobedience or more specially the failure to fulfill the duties laid upon you toward your husband.


Naashiz is the active participle of the verb nashaza. It means the one who shows nushuuz (disobedience).

 


al-mughni li Ibn Quduumah

259/7

 

06 Jul

Order of Importance of Nawaafil prayers

According to the Hanaabilah the most important and stressed upon prayer from among the Nawaafil is the Salaah al-kusuuf because he (sallallaahu alayhi wa sallam) did not ever leave it when the reason to pray it was present.

 

Then comes the Salaah al-Istisqaa' because congregation has been stipulated for it. As a result, it resembles the obligatory prayers.

 

Then in importance is the al-Taraawiih prayer because he (sallallaahu alayhi wa sallam) kept praying it and only left it when he (sallallaahu alayhi wa sallam) feared it might be made obligatory. But it resembles the obligatory prayer from the point of view that congregation for it is legislated.

 

Then in importance comes the Witr prayer because there are narrations in regards to it which do not exist in regards to the two Rak'ah Sunnah of fajr prayer.

 

Finally comes in importance the two Rak'ah Sunnah of fajr prayer.

 

Kuwaiti Encyclopedia of Fiqh

Volume  27 Page 291

 

11 Aug

A woman menstruates during Hajj al-Tamattu’

If a woman who is performing Hajj al-Tamattu' begins to menstruate prior to the Tawaaf of Umrah and fears that she will miss the Hajj, she enters into Ihraam for Hajj and becomes one who is now performing the Hajj al-Qiraan. 

She will not make up the missed Tawaaf al-Quduum.

 

27 Jun

Relied upon books in the Hanbali school of thought

According to the late Hanaabilah scholars, the relied upon position of the school is that which both al-Muntahaa and al-IQnaa agree on. If they differ, then one is to refer to look at what is written in Ghaayat al-muntahaa.

As a student, you need to study all three books.

27 Jun

The one who misses the Takbiiraat of Eid prayer

According to the Hanbali school of thought, the latecomer who misses the extra Takbiiraat in the Eid prayer will not make them up. These extra Takbiiraat are Sunnah and he missed the place [in prayer] where they were to be performed. He will, therefore, not make them up.

 

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