Permanent Nawaafil

Permanent Nawaafil

□ Mosque greeting prayer.

□Ablution prayer.

□Forenoon prayer.

□Optional night prayer (Tahajjud).

□Odd prayer (Witr).

❶ Mosque Greeting Prayer

It is of two prayer units.

Mosques are the Houses of Allah, so we should greet them upon entering.

●Abu-Usaid reported that the Messenger of Allah said, “When anyone of you enters the mosque, he should say: ‘O Allah! Open for me the doors of Your mercy.’ And when he steps out he should say: ‘O Allah! I ask You of Your grace.’”

Reference: Muslim. Book 6, Hadith 82

●It was narrated from Abi-Qatadah AL-Aslami that Allah’s Apostle (P.P.B.U.H) said, “If anyone of you enters mosque, he should perform two prayer units before sitting.”

Reference: Sahih AL-Bukhari.   Book 8, Hadith 93

❷Ablution Prayer

●ᶦUthman ibn ᶦAffan reported:

I saw the Prophet performed ablution perfectly and said, “Whoever performs ablution as I have done this time and then proceeds to mosque and offers two prayer units and then sits there (waiting for the group prayer), then his past sins will be forgiven.”

Reference: Sahih AL-Bukhari.   Book 81, Hadith 22

●It was narrated from Abi-Hurairah that the Messenger of Allah said to Bilal at the time of the morning prayer: 

“Tell me of the act you did after embracing Islam, for which you hope to receive good reward, for I heard your footsteps in front of me in Paradise ." 

Bilal replied, “I did not do any act in Islam for which I hope to get any benefit but this that when I perform complete ablution during the night or day I pray after it as much as Allah has ordained for me to pray.”

Reference: Sahih AL-Bukhari.   Book 19, Hadith 30

- And in the narration of AL-Tirmidhi, Bilal replied, “O Allah’s Apostle! I have never called to prayer except that I performed two prayer units, I never had ritual impurity (Hadath) except that I performed ablution upon that, and I considered that I owed Allah two prayer units.” 

So the Messenger said, “For those two.”

Book 49, Hadith 4053

❸Forenoon Prayer (Duha)

Its time: It starts fifteen minutes after sunrise and ends when it becomes thirty minutes before the call to noon prayer.

It ranges from two to eight prayer units.

●It was narrated from Abi-Dharr that the Prophet said, “Every morning alms is due from every joint bone of the body of every one of you. 

Every utterance of Allah’s Glorification (i.e., saying Subhan Allah) is an act of alms, every utterance of His Praise (i.e., saying ALHamdu Lillah) is an act of alms, enjoining good (Maᶦruf) is an act of alms, and forbidding evil (Munkar) is an act of alms. 

And two prayer units of forenoon prayer (Duha) will equal to all this (in reward).”

Reference: Riyad As-Saaliheen. The Book of Miscellany.   [Muslim]

●ᶦAᶦishah (May Allah be pleased with her) reported:

The Messenger of Allah used to perform four prayer units of forenoon prayer (Duha) and he sometimes added to them whatever Allah wished.

Reference: Sahih Muslim.   Book 6, Hadith 95

●Abu Dharr reported: My beloved Prophet advised me to do three things which I will never give up, if Allah wills. He advised me to perform forenoon prayer, to perform odd prayer (Witr) before sleeping, and to fast three days of each month.

Reference: Sunan AL-Nasaᶦi     Book 22, Hadith 315

●Umm Haani reported: On the Day of the Conquest of Makkah, the Prophet entered my house, took a bath and performed eight prayer units of forenoon prayer. I had never seen the Prophet performing such a light prayer, but he performed bowing and prostrations perfectly.

Reference: Sahih AL-Bukhari    Book 19, Hadith 54

●Jubair narrated from Abi Ad-Darda, or Abi-Dharr that: Allah’s Messenger narrated that Allah, the Mighty and Sublime, said: 

“Son of Adam: Perform four prayer units for Me in the beginning of the day. It will suffice you for the latter part of it.”

Reference: Jamiᶦ AL-Tirmidhi    Book 3, Hadith 23

¨It appears in the previous traditions that the Prophet has diversified in performing forenoon prayer (the number of its prayer units).

❹Optional Night Prayer=(Tahajjud)=(Qiayam AL-Lail)

Tahajjud is one of the best means of nearness to Allah, Almighty. Whoever keeps on performing it, Allah gifts him with a truthful faith and he becomes from those who are brought near to Allah and the doers of good.

God says ﴾Accepting what their Lord has given them. Indeed, they were before that doers of good (16) They used to sleep but little of the night (17) And in the hours before dawn they would ask forgiveness ﴿ (18) 

Chapter of Winds (Surat Adh-Dhariyat)

God also says:

﴾Is one who is devoutly obedient during periods of the night, prostrating and standing [in prayer], fearing the Hereafter and hoping for the mercy of his Lord, [like one who does not]? Say, “Are those who know equal to those who do not know?” Only they will remember [who are] people of understanding﴿ 

Chapter of the Crowds. Verse NO 9

Also says ﴾They arise from [their] beds; they invoke their Lord in fear and aspiration, and from what We have provided them, they spend (16) And no soul knows what has been hidden for them of comfort for eyes as reward for what they used to do﴿(17)  Chapter of Adoration (Surat As-Sajdah).

●It was narrated from Abi- Umamah that the Messenger of Allah said, 

“Hold fast to optional night prayer (Qiayam AL-Lail), for it is the practice of the righteous before you, and it is a means of nearness to your God, an expiation for bad deeds, and a means of prevention from sin.”

Reference: Jamiᶦ AL-Tirmidhi   Book 48, Hadith 180

●Jabir said he heard Allah’s Messenger (P.P.B.U.H) say: 

“There is an hour during the night in which no Muslim will ask Allah for any good related to this world or the Hereafter without His giving to him, and that applies to every night.”

Reference: Sahih Muslim.    Book 6, Hadith 199

●It was narrated from Abi-Hurairah that the Prophet said, 

“The best month for fasting after Ramadan is Muharram, and the best prayer after the prescribed prayer is the prayer during night.”

Reference: Sahih Muslim.    Book 13, Hadith 262

Its legitimacy

Tahajjud was duty in the beginning of Islam, then Allah relieved Muslims and made Tahajjud a Sunnah. But Tahajjud remained a duty for the Prophet.

God says ﴾Indeed, your Lord knows [O Muhammad] that you stand [in prayer] almost two thirds of the night or half of it or a third of it, and [so do] a group of those with you. And Allah determines [the extent of] the night and the day. He has known that you [Muslims] will not be able to do it and has turned to you in forgiveness, so recite what is easy [for you] of the Qurᶦan. He has known that there will be among you those who are ill and others travelling throughout the land seeking [something] of the bounty of Allah and others fighting for the cause of Allah. So recite what is easy from it and establish prayer and give Zakah and loan Allah a goodly loan. And whatever good you put forward for yourselves- you will find it with Allah. It is better and greater in reward. And seek forgiveness of Allah. Indeed, Allah is Forgiving and Merciful﴿ 

Chapter of the One Folded in Garments. Verse NO 20

God says ﴾And from [part of] the night, pray with it as addition [worship] for you; it is expected that your Lord will resurrect you to a praised station﴿ 

Chapter of the Night Journey. Verse NO 79

He also says ﴾O you who wraps himself [in clothing] (1) Arise [to pray] the night, except for a little (2) Half of it- or subtract from it a little (3) Or add to it, and recite the Qurᶦan with measured recitation (4)﴿ 

Chapter of the One Folded in Garments.

●AL-Mughirah ibn Shuᶦbah reported: Allah’s Messenger performed prayer until his feet were swollen, so it was said to him: 

“You burden yourself like this, while your past and future sins have been forgiven?” 

He (the Prophet) said, “Shouldn’t I be a grateful servant?” 

Reference: AL-Tirmidhi.    Book 2, Hadith 265

Its time: 

After night prayer. The best time for performing it is the last third of night

(As-Sahar).

●Abu-Hurairah reported: Allah’s Apostle said, 

“Our Lord, the Blessed and the Superior, descends every night to the lowest heaven when the last third of the night is left, and says, 

‘Who invokes Me so that, I may answer him? Who asks Me so that I may give to him? Who asks Me forgiveness so that I may forgive him?’ 

And thus He continues till [the light of] dawn shines.”

Reference: Sahih Muslim.   Book 6, Hadith 201

●It was narrated from Jabir that the Messenger of Allah said, “Whoever among you fears that he will not get up at the end of the night, let him perform odd prayer (Witr) at the beginning of the night, and whoever is eager to get up in the last part of it, let him perform odd prayer at the end of the night, for prayer at the end of the night is witnessed (by the angels) and that is better.”

Reference: Sahih Muslim.  Book 6, Hadith 195

How to perform it?

●It was narrated from Ibn ᶦUmar that the Prophet (P.P.B.U.H) said, 

“Optional night prayer should be two by two, but if you fear that morning is near, perform one prayer unit (one Rakᶦah) as Witr.”

Reference: Riyad As-Saaliheen.   The Book of Virtues [AL-Bukhari and Muslim].

●AL-Aswad reported: I asked ᶦAᶦishah, “How is the night prayer of the Prophet?” 

She replied, “He used to sleep early at night and get up in its last part to pray, and then return to his bed. When the caller to prayer (Muᶦadhdhin) pronounced the Adhan, he would get up. 

If he was in need of a bath, he would take it; otherwise, he would perform ablution and then go out (for the prayer).”

Reference: AL-Bukhari.    Book 19, Hadith 27

Note that:

①Allah does not charge a soul except with that within its capacity.

●Anas (May Allah be pleased with him) reported: The Prophet came into the mosque and noticed a rope stretched between two poles. 

He said, “What is this rope?” 

People said, “This is Zainab’s rope. When she becomes lazy or tired during her optional prayer, she holds it.” 

He said, “Untie it. You should pray as long as you feel active, and when you get tired, sit down.”

Reference: Sahih AL-Bukhari.  Book 19, Hadith 31

②A Muslim should have a permanent Naafilah in order to be able to keep on performing it daily, even if it is two prayer units or reading two pages of the Holy Qurᶦan.

That is because when he/she becomes unable to do it due to his/her old age or disease, Allah gives him/her its reward.

●It was narrated from ᶦAᶦishah (May Allah be pleased with her) that the Messenger of Allah said, 

“O people! Do only those good deeds which you can do, for Allah does not get tired (of giving reward) till you get tired, and the best deed to Allah is the one to which the doer adheres constantly even if it is small.”

Reference: Sahih AL-Bukhari.  Book 77, Hadith 78

●It was narrated from Ibrahim Abu Ismaᶦil that the Messenger of Allah said, “When a servant of Allah falls ill or travels, then he will get reward similar to that he gets for good deeds he practiced when he was healthy or at home.”

Reference: AL-Bukhari.  Book 56, Hadith 205

●It was narrated from ᶦAᶦishah that the Messenger of Allah said, “If a man prays in the night and sleep overcomes him during it, Allah writes for him the reward of his prayer, and his sleep is alms (Sadaqah) for him.”

Reference: Muwatta Malik.  Book 7, Hadith 255

❺Odd Prayer (Witr)

Its legitimacy:

●Buraydah ibn AL-Hasib reported: I heard the Messenger of Allah say: 

“Witr is a duty, so he who does not observe it does not belong to us.” He said it thrice.

Reference: Sunan Abi-Daoud.  Book 8, Hadith 4

●It was narrated from Ali ibn Abi Talib that the Messenger of Allah said, “Allah is Witr (odd, single) and loves what is Witr. So perform Witr prayer, you who follow the Qurᶦan.”

Reference: Riyad As-Saaliheen [AL-Tirmidhi and Abu-Daoud]  The Book of Virtues.

●Kharijah ibn Hudhafah reported: Allah’s Messenger came out to us and said, “Indeed Allah has given you a prayer that is better for you than red camels: AL-Witr which Allah has made for you between night prayer (Isha) and the onset of dawn.”

Reference: Jamiᶦ AL-Tirmidhi.   Book 3, Hadith 1

Its provision:

It is an emphasized Sunnah in Shafii School, but it is a duty in Abi-Hanifah School.

The number of its prayer units (Rakᶦaat):

The minimum number is one prayer unit, the average number is three, and the maximum number is eleven prayer units.

●Umm Salamah reported: The Prophet used to pray Witr with thirteen prayer units, but when he grew older and weaker he prayed Witr with seven.

Reference: Jamiᶦ AL-Tirmidhi.  Book 3, Hadith 6

¨It is better to perform Witr at home, except in the month of Ramadan.

¨If a praying person performed Witr after performing the Sunnah prayer of the night prayer, and then he stood to pray Tahajjud, he would not repeat Witr.

●Qais ibn Talq narrated that his father said: I heard Allah’s Messenger saying, “There are no two Witr in one night.”

Reference: Jamiᶦ AL-Tirmidhi.  Book 3, Hadith 18

Humility invocation (Qunut) in Witr prayer:

¨A praying person can perform Qunut after reciting Qurᶦan in the last prayer unit of Witr prayer, before or after bowing down.

¨Qunut in morning prayer is a Sunnah in Shafii School and recommended in Malik School. 

But Imam Ahmad does not perform Qunut in morning prayer except when there is a distress.

¨In the second half of Ramadan, Qunut is recommended to be in the last prayer unit of Witr prayer.

●AL-Hasan ibn Ali reported: The Messenger of Allah taught me some phrases that I say during Witr. 

They were: “O Allah, guide me among those You have guided, grant me security among those You have granted, take me into Your charge among those You have taken into Your charge, bless me in what You have given, guard me from the evil of what You have decreed, for verily You decree and none can decree over You. 

He whom You support can never be humiliated. Blessed and Exalted are You, our Lord.”

Reference: Jamiᶦ AL-Tirmidhi.    Book 3, Hadith 12

In summary:

You should perform night prayer (ᶦIsha) and the two Sunnah prayer units, then you sleep.

Then you get up in the last third of night, pray Tahajjud, and recite of the Qurᶦan that which is easy for you. 

Finally, you pray Witr (one prayer unit, or three, or five, etc.), invoke Allah, because it is an hour of answering invocation, and wait for the morning prayer.

Read also
Nawaafil performed in certain occasions

  

The Four Schools of Jurisprudence

The Four Schools of Jurisprudence

Introduction:

Muslims gathered around the Prophet, were sincere in their religion for Allah, and succeeded in forming a new society that is ruled by the Book and the Sunnah.

Then, they went on to spread the light of Allah everywhere and could remove the two largest corrupt states at that time: the Persians and the Romans. Also they could remove the despots in the north of the Arabian Peninsula who follow them like AL-Manaadhirah and AL-Ghasaasenah.

Muslim armies were accompanied by jurists from the Prophet’s Companions who studied under him and went on to teach people provisions of Islam and regulate their lives in which ways of living differed from one region to another.

This was followed by the appearance of schools of giving legal opinions (Iftaaᶦ):

❶Imam Abu-Hanifah School.

❷Imam Malik ibn Anas School.

❸Imam Shafii School.

❹Imam Ahmad ibn Hanbal School.

 

These schools were not the only ones that appeared in the early times, but there were more than eighty independent famous jurists, such as AL-Layth ibn Saᶦd in Egypt, Imam ibn Taymiyah in Damascus and his student ibn AL-Qayeem, also ibn Hazm AL-Andalusi.

¨The Prophet’s message has spread to the world by two groups of the Companions:

①A group stayed in AL-Madinah, to whom people went and asked for legal opinions.

②And a group went off with the conqueror Muslim armies to teach people provisions of the religion.

Causes of emergence of these schools:

1) The death of the Prophet, i.e., he was no longer alive to answer Muslims’ questions and give them legal opinions.

2) The death of the Prophet’s Companions who lived with the Prophet and gave people legal opinions.

3) Appearance of new issues due to Muslims’ new life.

4) The presence of a number of the Companions in AL-Madinah made it difficult for people to travel to them.

Some of the most important famous scholars

❶Imam Abu Hanifah

He is AL-Nuᶦmaan ibn Thabit. He was born in Kufa, in 80 A.H.

He lived for fifty years under the Umayyad Caliphate and for twenty years under the Abbasid Caliphate. 

He was famous for wisdom and self-esteem and was fond of debates and thought. He had followers and students who disseminated his opinions in many Muslim countries.

He established his school in Kufa.

He tends to juristic deduction and depends to a lesser extent on the Prophetic tradition. The Shariᶦah Judiciary and educational books in Egypt depend on his school.

He died in 150 A.H., under the Caliph Abu-Gaᶦfar AL Mansour.

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❷Imam Malik ibn Anas

He was born in AL-Madinah AL-Munawwarah in 93 A.H.

He learned in it among the Companions and the Successors of the Companions.

He became the leader of the jurisprudents of AL-Hejaz so that it was said: “NO one is asked to give a verdict while Malik is in AL-Madinah.”

He was called “Imam of Dar AL-Hijrah (AL Madinah).”

His school combines between tradition, jurisprudence, interpretation, and history.

He disagreed with Abi Jaᶦfar AL-Mansour who ordered to flog him. But the Caliph AL Mahdi got close to him and narrated his book “AL-Muwatta”.

Malik ibn Anas School spread in Morocco and Andalusia. His book “AL-Muwatta” has gained a great fame. He wrote it in forty years. He has combined between jurisprudence and tradition in it.

The Abbasid Caliphs suggested to publish his book and commit people to it, but he refused this suggestion. Imam Shafii is one of his students.

Malik ibn Anas died in AL Madinah in 179 A.H. under the Caliph Haroun AL Rasheed.

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❸Imam Shafii

He is Muhammad ibn Idrees. 

He was born in Shafiᶦ in Ghazah in 150 A.H. ,i.e., in the same year of Abi Hanifah’s death.

His descent is the same as that of the Prophet in Hashem ibn Abd Manaaf.

He learned language and literature in Makkah.

He memorized the Qurᶦan at the age of seven, and studied under Imam Malik so that he memorized “AL-Muwatta” at the age of ten.

He became a jurisconsult at the age of fifteen. Then he went to Iraq where he met Abu-Hanifah’s friends, thus he combined between acquaintance of the scholars of tradition (Imam Malik), and the scholars of juristic deduction (Abu-Hanifah).

He took over some administrative acts in the Yemen under Haroun AL-Rasheed.

His school spread in Egypt, Damascus, and Iraq.

Imam Shafii is famous for his fluency and intelligence. He has set a good example for that. He has composed many poems in wisdom and preachment.

 He has established two schools. The first of them is in Iraq. 

On his last days, he moved to Egypt in 199 A.H. and lived in AL-Fustat (ancient Cairo). Then he started to teach people in Amr ibn EL-ᶦAas Mosque. As he realized that the living conditions of people in Egypt differed from that of people in Iraq, he established his new school.

He wrote 113 books and established the science of jurisprudence principles.

He died in Egypt in the month of Rajab in 204 A.H. He was buried in Egypt near his mosque in the time of the Caliph AL-Mamoun.

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❹Imam Ahmad ibn Hanbal

He was born in Baghdad in 164 A.H.

He met Imam Shafii and studied under him, then he moved to Damascus and AL-Hejaz.

He is one of the most adherent people to the Holy Qurᶦan and the Prophetic Tradition. 

Bukhari and Muslim are of his students. 

He has written his book “AL-Musnad AL-Kabeer” which includes 40000 traditions.

He died in 241 A.H. under the Caliph AL-Mutawakkil.

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A comment on the Schools

Diversity of schools is a mercy for people and not a contradiction as the stupid claim.

Some of those scholars have taken the prudent opinion, and the others have taken the easiest opinion. 

This diversity does not affect the principles of the faith or the worship. There are red lines that any independent jurist cannot cross.

For example: NO one can give a legal opinion that makes sunset prayer of two prayer units instead of three, makes morning prayer of three units instead of two, or omits any verse or Chapter of the Holy Qurᶦan.

This diversity is due to that the Holy Qurᶦan and traditions are in Arabic Language. And Arabic Language vocabularies allow deduction in some of its expressions.

  

Sources of Legislation in Islam

Sources of Legislation in Islam

[The Holy Qurᶦan, the Prophetic Sunnah, Analogy (Qiyaas), and Juristic Deduction (Ijtihaad)].

Introduction:

Every legal decision (For example: lawful, prohibited, allowed, etc…) and every legislation must be based on an evidence from the Holy Qurᶦan.

If this evidence is not found in the Holy Qurᶦan, scholars search for it in the Prophetic Sunnah (a saying, an act, or a tacit approval) concerning this situation.

If this also is not found, we use “analogy” which means searching for a similar situation that occurred in the time of the Prophet.

If this also not obtained using analogy, a jurisprudent uses juristic deduction, if only he is eligible to do so, in order to conclude a legal decision which is suitable to the objectives of Islamic Law.

Legal decisions have frequently been derived from the Holy Qurᶦan and Prophetic Sunnah, especially in obligations and pillars, so the Prophet has emphasized them.

●ᶦIrbaad ibn Sariyah (May Allah be pleased with him) reported: The Messenger of Allah said: “Verily he among you who lives long will see great discord, so you must keep to my Sunnah and the Sunnah of the Rightly- Guided Caliphs (AL-Khulafaa Ar-Rashideen), those who guide to the right way. 

Hold fast to it [literally: cling to it with your molar teeth]. 

Beware of newly invented matters [in the religion], for verily every innovation (Bidᶦah) is a misguidance.” 

Reference: 40 Hadith Nawawi 28

Note that:

The Rightly-Guided Caliphs are Abu Bakr As-Sideeq, ᶦUmar ibn AL-Khattab, ᶦUthman ibn ᶦAffan, and ᶦAli ibn Abi Talib.

●Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said, “I have left two matters with you. As long as you hold to them, you will not go the wrong way. They are the Book of Allah (the Holy Qurᶦan) and the Sunnah of His Prophet.”

Reference: Muwatta Malik- The Decree.  Book 46, Hadith 1628

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The Book of Allah and the Sunnah

Examples for them:

¨Pilgrimage is a pillar and an obligation.

From the Qurᶦan: ﴾And [due] to Allah from the people is a pilgrimage to the House- for whoever is able to find thereto a way﴿ 

Chapter of the Family of ᶦImran.

From the Sunnah (As a saying):

●Abu-Hurairah (May Allah be pleased with him) reported: The Messenger of Allah (P.P.B.U.H) delivered a speech and said, “O people! Hajj has been made obligatory for you, so perform Hajj.” [Muslim].

(As an act):

●Narrated Qatadah: I asked Anas, “How many times did the Prophet perform Hajj?” He (Anas) replied, “Once.”

……………………………….

¨Sacrifice is slaughtered after the prayer of Sacrifice Festival (ᶦId AL-Adha).

From the Qurᶦan: ﴾So pray to Your Lord and sacrifice [to Him alone]﴿ Chapter of AL-Kawthar. Verse NO 2

From the Sunnah:

●Narrated AL-Baraᶦ: I heard the Prophet (P.P.B.U.H) delivering a speech saying, “The first thing to be done on this day (the first day of the Festival of Sacrifice) is to pray; after returning from the prayer we slaughter our sacrifices (in the name of Allah) and whoever does so, he acts according to our Sunnah.”

Reference: Sahih AL-Bukhari 951          Book 13, Hadith 3

……………………………….

¨Prohibition of wine.

From the Qurᶦan: ﴾O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of the Devil, so avoid it that you may be successful﴿ Chapter of the Table. Verse NO 90

From the Sunnah:

●Abu Saᶦid AL-Khudri (May Allah be pleased with him) reported: I heard Allah’s Messenger saying, “Verily Allah, the Exalted, has forbidden wine. So who hears this verse and he has anything of it with him, he should neither drink nor sell it.”

Reference: Sahih Muslim 1578      Book 22, Hadith 82

……………………………….

There are many other such examples.

Sometimes legislation comes from the Prophetic Sunnah only. And this occurs according to God’s saying ﴾And whatever the Messenger has given you- take, and what he has forbidden you- refrain from. And fear Allah; indeed, Allah is severe in penalty﴿ 

Chapter of the Gathering.

Analogy

It is appending a matter, for which there is no text in the Qurᶦan or the Sunnah, to another matter for which there is a text in the Qurᶦan or the Sunnah. This is done when the two matters have the same rationale for this legal decision.

The Prophet has approved analogy as a source of legislation.

●Narrated Ibn ᶦAbbas: A woman from the tribe of Juhaynah came to the Prophet and said, “My mother had vowed to perform pilgrimage but she died before performing it. May I perform pilgrimage on my mother’s behalf?” 

He replied, “Yes! Perform pilgrimage on her behalf. If your mother had been in debt, would you have paid her debt or not? So, pay Allah’s debt as He has more right to be paid.”

Reference: Sahih AL-Bukhari 1852            Book 28, Hadith 32

Also the Prophetic tradition:

●Allah’s Apostle said, “Every intoxicant is wine (Khamr), and every wine is prohibited.”    

Reference: Sahih Muslim 2003d     Book 36, Hadith 95

According to the previous tradition, the logic analogy prohibits everything causes intoxication, no matter how many names are, like: whiskey, champagne, brandy, etc…

Whiskey causes intoxication, and everything causes intoxication is prohibited. Thus whiskey is prohibited.

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Juristic deduction

It means that a jurisprudent or a jurisconsult makes an effort in concluding a legal decision for a case that is not provided in the Qurᶦan or the Prophetic Sunnah and there is no similar case has occurred during the life of the Prophet and his Right Guided- Caliphs.

Conditions in which juristic deduction is allowed:

1) When there is no text in the Book or the Sunnah.

2) When there is a text but with no decisive proof.

Conditions of the independent jurist (who uses juristic deduction):

❶ He is a Muslim.

❷ He memorizes the Holy Qurᶦan perfectly.

❸ He is familiar with a number of the Holy Qurᶦan interpretations.

❹ He has studied the Prophetic Sunnah [traditions’ chains of authority (Sanad AL-Hadith) and traditions’ texts (Matn AL-Hadith)]. Also, he is aware of the true, weak, and fabricated traditions.

❺ He is an expert in jurisprudence principles, basics, and legal decisions. Also, he is familiar with the issues upon which there has been a consensus of the previous jurists.

❻ He is familiar with grammar, morphology, and vocabulary of Arabic Language.

❼ He consults a number of scholars regarding his opinion.

❽ Mental ability to balance between matters.

❾ He is quick- witted when he receives questions.

❿ He is familiar with people’s living conditions.

Legitimacy of juristic deduction

●Some companions of Muᶦadh ibn Jabal said:

“When the Messenger of Allah intended to send Muᶦadh ibn Jabal to the Yemen, he asked: ‘How will you judge when the occasion of deciding a case arises?’ 

He replied: ‘I shall judge in accordance with Allah’s Book.’ 

He asked :‘(What will you do) if you do not find any guidance in Allah’s Book?’ 

He replied: ‘(I shall act) in accordance with the Sunnah of the Messenger of Allah.’ 

He asked: ‘(What will you do) if you do not find any guidance in the Sunnah of the Messenger of Allah and in Allah’s Book?’

He replied: ‘I shall do my best to form an opinion and I shall spare no effort.’

The Messenger of Allah then patted him on the breast and said: ‘Praise be to Allah Who has helped the messenger of the Messenger of Allah to find something which pleases the Messenger of Allah.’”

Reference: Sunan Abi Daoud 3592     Book 25, Hadith 22

Note Muᶦadh ibn Jabal was eligible to be an independent jurist.

●It was narrated from Anas ibn Malik that the Messenger of Allah said: “The most knowledgeable of my nation concerning the lawful and unlawful is Muᶦadh ibn Jabal.”           

Reference: Jamiᶦ AL-Tirmidhi. Chapter on Virtues.

¨When ᶦUmar ibn AL-Khattab appointed “Shuraiyh ibn AL-Harith” to be the judge of AL-Kufah, he said to him, “Refer to the thing that appears to you in the Book of Allah and do not ask anyone about it. When it does not appear to you in the Book of Allah, then follow the Sunnah of Allah’s Apostle in it. When it does not appear to you in the Sunnah, then make your independent juristic decision in it and consult scholars and righteous people.”

A juristic rule: No juristic deduction in the presence of a text.

We have previously mentioned that the Book and the Sunnah are the main sources for concluding a legal decision. So, when an evidence is found in both of them or in one of them, then no juristic deduction in the presence of a text.

For example:

God says ﴾And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt﴿

It is an explicit provision in Chapter of Women in distribution of inheritance, so it is prohibited for any independent jurist to submit an opinion that violates it.

Respecting the text, which is present in the Book and the Sunnah, appears clearly in the Battle of Badr:

The Prophet took a place where he gets ready to meet Quraysh. 

Then, AL-Hubab ibn AL-Mundhir said to him: “Has God chosen this place for you, so that we cannot move forward or backward from it, or it is the opinion, the war, and the deceit?”

The Prophet said, “Indeed, it is the opinion, the war, and the deceit.”

AL-Hubab said, “O Messenger of Allah! As it is not a place (that Allah defined for you), lead people to move till we reach the nearest (well) of water and stay at it. Then, we make water more sunken in the other wells. 

As a result, we can drink water but they (our enemies) cannot drink it.

The Prophet said, “You have expressed the (wise) view.” Then, the Prophet got up and moved with his army according to AL-Hubab’s advice.

Note that: The water of Badr is a creek that flows in the plain of Badr, then it disperses in several wells.