Selections from Islamic Jurisprudence-Part 2 (Preface)

Selections from Islamic Jurisprudence-Part 2 (Preface)

The Aim of Translating This Book

﴾Praise be to Allah, Who has guided us to this, and in no way we could have been guided, unless Allah had guided us﴿           

Chapter of the Heights. Verse NO 43

I’d like to indicate that I have translated this book “Selections from Islamic Jurisprudence- Part 2” for the sake of God, hoping that it helps to clarify and simplify Islamic Sunnah practices “Sunan” and optional acts of worship “Nawaafil” for non-Arabic speakers.

In The Name of Beneficent, Merciful God

Preface

Praise be to Allah alone. He is the First and the Last, the Evident and the Immanent, the Exalted and the Pardoner, the One and the Subduer, and the Guardian over His sovereignty night and day.

He is the One and the Only, the Unique and the Eternal Refuge, Who is neither begets nor is born, and nor is there to Him any equivalent.

Exalted are You. We have neither worshipped You truly, nor remembered You properly. We have not thanked You adequately. Your mercy is more comprehensive for us than Your torment, and Your forgiveness is nearer than Your punishment.

Blessings and peace be upon the truthful, the honest, Muhammad ibn Abd-Allah. He is Allah’s Prophet and the one chosen by Him. He is the first of Allah’s worshippers, the leader of strivers, and the seal of the Prophets and Messengers.

He is our intercessor when the contents of the graves are scattered, that within the breasts is obtained, and the hidden and obscure becomes visible on the Day of Resurrection.

From where can a fluent person speak throughout the course of his mission in three ways of expression?!

Every way of them has its own properties:

The Holy Qurᶦan, the Sacred Tradition, and the Prophetic Tradition.

How can anyone of the skilled poets in any age speak in these ways without confusion between them?!

It is a clear evidence that Muhammad is the Prophet of Allah and Allah protects him.

God says ﴾And Allah has revealed to you the Book and wisdom and has taught you that which you did not know. And ever has the favor of Allah upon you been great﴿ Chapter of Women. Verse NO 113

I have previously produced the first part of “Selections from Islamic Jurisprudence” which includes obligations and pillars of Islam.

The Prophet has conveyed their rules according to inspiration from Allah.

This is the second part of “Selections from Islamic Jurisprudence” which includes Sunnah practices “Sunan” and optional acts of worship “Nawaafil”.

They are transmitted from the Prophet throughout the course of his biography which has extended for twenty three years. These years are the period of his mission.

We will notice their diversity. The Prophet has cared about this diversity in order to make a Muslim able to choose from them the most suitable to his nature and life. Most of them are optional; that is for whoever desires to remember or desires gratitude.

I have ended this part with some of Islamic manners of daily life concerning eating, drinking, clothing, and sleeping.

All of them are related to this world, but a Muslim can transform them to a great source of merits if he does them for the sake of God

God says ﴾Indeed, my prayer, my rites of sacrifice, my living and my dying are for Allah, Lord of the worlds﴿ Chapter of the Cattle. Verse NO 162

And if we, every minute, are used to saying ﴾Praise to Allah, Who has guided us to this; and we would never have been guided if Allah had not guided us﴿ (Chapter of the Heights), we also say: “May Allah bless you and grant you peace, Messenger of Allah, as you and also the Mothers of believers have presented a detailed map of male and female Muslims’ lives from the beginning of their discretion at the age puberty till they meet God.

The Holy Qurᶦan recommended us follow the Prophet, his family, and his companions in all they have done.

God says ﴾There has certainly been for you in the Messenger of Allah an excellent pattern for anyone whose hope is in Allah and the Last Day and [who] remembers Allah often﴿

Chapter of the Confederates. Verse NO 21

I have done this according to the instructions of the Prophet who has said, “Convey from me even a verse (an Ayah) of the Qurᶦan.”

And said, “May Allah brighten a man who hears a tradition from me, gets it by heart, and passes it on to others.” [Zayd ibn Thabit]. 

●It was narrated from AL-Miqdaam ibn Maᶦdikarib that the Messenger of Allah (P.P.B.U.H) said: “Soon a tradition from me will be conveyed to a man, while he is reclining on his couch, and he says: ‘Between us and you is Allah’s Book. So whatever we find in it that is lawful, we consider it lawful, and whatever we find in it that is unlawful, we consider it unlawful.’ 

Indeed whatever the Messenger of Allah made unlawful, it is the same as what Allah made unlawful.”

Reference: Jamiᶦ AL-Tirmidhi- Chapters on Knowledge. Book 41, Hadith 20

●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 to 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

God says about those who discriminate between the Holy Qurᶦan and the Sunnah ﴾Indeed, those who disbelieve in Allah and His messengers and wish to discriminate between Allah and His messengers and say, “We believe in some and disbelieve in others.”, and wish to adopt a way in between (150) Those are the disbelievers, truly. And We have prepared for the disbelievers a humiliating punishment ﴿(151) Chapter of Women.

So, every male and female Muslim must pay attention to all thoughts told to him/her and compare these thoughts with the Holy Qurᶦan and the Sunnah. They must note that there is no excuse for neglecting this.

God says ﴾Rather, man, against himself, will be a witness (14) Even if he presents his excuses ﴿(15) 

Chapter of Resurrection (Surat AL-Qiyamah).

But a Muslim who spends his life without knowing anything about his religion and says what other people say, indeed he wastes his religion and world.

Haven’t I conveyed it? O Allah! Bear witness to this.

I ask Almighty God, Generous Lord of the Throne, to make this book devoted to His Honored Face, to accept it well, and to remove the veil that is over the eyes of those who have gone astray. Excellent is the Protector, and Excellent is the Helper.

     .                       EL-Sayed Muhammad AL-Jameel Sarseeq                                                             

  

 

Provisions of looking at a woman

PROVISIONS OF LOOKING AT A WOMAN

❶When a woman looks at another woman, is the same as when a man looks at another man.

It is allowed, unless one of them looks at the private part of the another one (it is prohibited).

●It was narrated from Abi-Saᶦid AL-Khudri that the Messenger of Allah said, “A man must not look at a man’s private parts, and a woman must not look at a woman’s private parts.” [Muslim].

❷A man’s look at a strange woman is not allowed except looking at her face and hands.

If looking at her face and hands leads him to do something unlawful, it is prohibited.

●Ibn Buraidah narrated from his father that the Prophet said, “O Ali! Do not follow a look with a look, the first is for you, but the next is not for you (you have no right to the next).” [Abu-Daoud].

●It was narrated from Abi-Hurairah that the Prophet said, “Every eye will be weeping on the Day of Judgment, except an eye that has not stared at unlawful things, an eye that has stayed awake in the way of Allah, and an eye that has wept from the fear of Allah.”

God says ﴾Tell the believing men to reduce [some] of their vision and guard their private parts﴿Chapter of Light. And says ﴾And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their head covers over their chests﴿ Chapter of Light.

He also says ﴾Indeed, the hearing, the sight, and the heart- about all those [one] will be questioned﴿ Chapter of the Night Journey.

❸A man’s look at his wife is allowed and permissible. A woman’s look at her husband is also allowed and permissible. If one of them died, he/or she would be considered as an unmaritable relation (Mahram) for the another one.

❹A man’s look at his unmaritable relations is permissible, except looking at private parts.

❺A man’s look at a woman for marriage is permissible, indeed, it is a Sunnah as mentioned before in the Prophetic traditions.
 In this case, he is allowed to see only her face and hands. If it is not possible to see her, he can send a woman to see her and then she describes her to him.

❻A man’s look at a woman in order to treat her is permissible on condition that he is looking only at her body sites to be treated and in presence of her husband, or an unmaritable relation, or a trusted woman.

 It is permissible for a woman to treat a man in presence of others. But, it is more proper that a woman treats women, and a man treats men.
 A Muslim physician is preferable to a non-Muslim one, also a Muslim female physician is preferable to a non-Muslim one.

❼A man’s look at a woman for witness and transactions is permissible (to her face only), and on condition that there is no trial.

●It was narrated from Usamah ibn Zayd that the Prophet (P.P.B.U.H) said, “I have not left behind me a more harmful trial for men than women.” [Muslim].

●It was narrated from Abi-Saᶦid AL-Khudri that the Prophet said, “This world is sweet and green, and Allah makes you generations succeeding one another therein in order to see how you act. So, beware of (the temptations of) this world and beware of (the temptations of) women. Verily, the first trial for the people of Israᶦil was caused by women.” [The Two Scholars].

*It is a Sunnah that men shake hands with each other, and women shake hands with each other, but it is prohibited for a man to shake his hand with a woman.

*Hugging and kissing between men or between women is disliked, except for the one who is coming from travel or coming after moving away for a long time.

●ᶦAishah (May Allah be pleased with her) reported: If the Messenger of Allah accepted the believing women’s oath of allegiance (for Islam) and they agreed and confessed that with their tongues, he would say to them, “You may go, for you have given your pledge.” By Allah, the hand of the Messenger of Allah never touched the hand of a woman, but he only used to take their pledge orally. [AL-Bukhari].

●Anas ibn Malik reported: A man asked, “O Messenger of Allah! When a man meets a brother or a friend, should he bow to him?” He said, “No.” The man asked, “Should he embrace him and kiss him?” He said, “No.” He said, “Should he take his hand and shake it?” He said: “Yes.” [AL-Tirmidhi].  

(Fasting (Saum

FASTING (Saum)

Fasting in Arabic Language means refraining.

The Blessed Virgin Mary (Maryam) said ﴾Indeed, I have vowed to the Most Merciful abstention, so I will not speak today to [any] man﴿ Chapter of Maryam.

As for Islamic legislation: It means refraining from fasting violators and lusts from emergence of dawn to sunset.

Provisions of fasting are various:

*Obligatory fasting.                 

*Sunnah or voluntary fasting.

*Disliked fasting.                      

*Prohibited fasting.                            

*Duty fasting.

 Duty fasting is added by the followers of Abu-Hanifah school, and it is performed as a vow or an expiation.

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[1] Obligatory Fasting: in the month of Ramadan

Its legitimacy:

Fast of Ramadan has been made obligatory in the month of Shaᶦban in the second year of Hijrah.

Fast of Ramadan must begin when: the new crescent is sighted after the sunset of the twenty-ninth day of the month of Shaᶦban.

Or, when the month of Shaᶦban is complete (thirty days).

● The Prophet said, “Start fasting on seeing the crescent (of Ramadan), and stop fasting on seeing the crescent of (of Shawwal), and if (due to clouds) the actual position of the month is concealed from you, complete the number (thirty days) of Shaᶦban.” [AL-Bukhari].

God says ﴾Whoever sights [new moon of] the month, let him fast it﴿Chapter of the Heifer.

Conditions that necessitate fasting Ramadan:

1) Being a Muslim. Shafii sees that if a Muslim reverted from Islam and then returned to it, he would make up for missed days of fasting Ramadan in the years which he had spent in apostasy.

2) Adulthood. But, boys and girls are commanded to fast at the age of seven, so as to get used to it.

3) Mindfulness. Who lost his mind would not fast.

Fasting obligations

1) Predominating the intention to fast before dawn by saying: “I have intended to fast this day with faith and seeking its reward from Allah.” or “I have intended to fast this month.”

Or, by action, when he eats pre-dawn meal (Sahoor).

− But in voluntary fasting, you can intend to fast at any time of the day before sunset, on condition that you have not done anything that is contrary to fasting, as eating, drinking, or lusts, thus the intention can be in the morning or at noon.

●It was narrated from Hafsah, the wife of the Prophet, that the Prophet (P.P.B.U.H) said, “Whoever did not intend to fast before dawn, then there is no fast for him.”

2) Abstaining from eating, drinking and lusts from emergence of dawn to sunset (the call to sunset).

Recommended things during fasting and in the month of Ramadan:

①Hastening fast-breaking and delaying pre-dawn meal.

●It was narrated from Sahl ibn AL-Saᶦidy (May Allah be pleased with them) that Allah’s Apostle said, “My nation will remain on the right path as long as they hasten fast-breaking and delay pre-dawn meal.” [The Two Scholars].

●It was narrated from Ibn ᶦAbbas that the Prophet (P.P.B.U.H) said, “Seek help by eating pre-dawn meal for fasting that daytime, and taking a brief rest (sleeping at midday) for praying at night.”

●It was narrated from Abi Saᶦid AL-Khudri that the Prophet said, “Pre-dawn meal is a blessing, so do not neglect it. Even if one of you drinks a draught of water, Allah and His angels will send blessings upon those who have pre-dawn meal.” [narrated from Ahmad ibn Hanbal].

②Giving up obscene words.

●Abu-Hurairah (May Allah be pleased with him) reported: The Messenger of Allah said, “Allah the Mighty and Sublime says: ‘Every act of the son of Adam is for him, except fasting which is (exclusively) for Me, and I will reward him for it. Fasting is a shield. If anyone of you is fasting, he should neither use obscene words nor should he raise his voice in anger, and if anyone abuses him or quarrels with him, he should say: ‘I am fasting.’” [AL-Bukhari].

●It was narrated from Abi-Hurairah that the Prophet said, “Whoever does not leave forged speech and acting according to it, then Allah is not in any need of him leaving his food and drink (i.e. Allah will not accept his fasting).” [AL-Bukhari].

③Having dates in fast-breaking.

●It was narrated from Salman ibn ᶦAmir that the Prophet (P.P.B.U.H) said, “When one of you breaks his fasting, let him break it on dates for there is blessing in them; if he does not have any, break his fast with water for it is pure.” [Abu-Daoud and Tirmidhi].

④Investment of both night and daytime of Ramadan.

Ramadan is a month in which merits are multiplied, so a Muslim must take advantage of it in every obedience that makes him closer to God, such as Qurᶦan reciting, remembrance of God, or giving alms, especially since there is the Night of High Esteem (Lailat AL-Qadr), which is better than a thousand months, in one of its last ten days.

●It was narrated from Abd-Allah ibn ᶦUmar that the Messenger said, “Search for the Night of High Esteem in the last seven days, or seek it in the last ten nights.” [Muslim].

●It was narrated from ᶦAishah (May Allah be pleased with her) that the Prophet said, “Seek the Night of High Esteem in the odd nights of the last ten days of Ramadan.” [AL-Bukhari and Muslim].

●It was narrated from Abi-Hurairah that the Prophet (P.P.B.U.H) said, “He who fasts during Ramadan with faith and seeking its reward from Allah, will have his past sins forgiven, and he who spends the Night of High Esteem in prayer with faith and seeking its reward from Allah, will have his past sins forgiven.” [AL-Bukhari and Muslim].

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[2] Voluntary Fasting (AL-Sunnah)

①Fasting six days in Shawwal, directly after the Festival of Fast-Breaking.

●It was narrated from Abi Aiyub AL-Ansaari that the Prophet (P.P.B.U.H) said, “Whoever fasts during the month of Ramadan and then follows it with six days of Shawwal will be (rewarded) as if he has fasted the whole year.” [Muslim].

●It was narrated from Abi-Saᶦid AL-Khudri that the Prophet said, “Whoever fasts a day in the way of Allah, Allah will separate his face (a distance of) seventy autumns (years) from the Hell.”   [The Two Scholars].

●ᶦAishah reported: Allah’s Apostle used to fast on the tenth of Muharram (ᶦAshuraa). Later when fasting the month of Ramadan was prescribed, he said about the tenth of Muharram, “It became optional for one to fast on it or not.” [Muslim].

②Fasting on Monday and Thursday every week.

●It was narrated from Abi-Hurairah that the Prophet said, “Deeds of people are presented (to Allah) on Mondays and Thursdays. So I like that my actions be presented while I am fasting.” [AL-Tirmidhi and AL-Nasaᶦi]. 
And in a narration: He said about Monday, “That is the day on which I was born and the day on which I received revelation.” [AL-Bukhari].

③Fasting on the three white days (AL-Ayaam AL-Bid) every Islamic month (13^th,14^th,15^th).

●Abdullah ibn ᶦAmr reported: Allah’s Apostle was informed that I have said: “By Allah I will fast all the days and pray all the nights as long as I live.” The Apostle said, “You cannot do that. So fast (sometimes) and do not fast (sometimes). Pray and sleep. Fast for three days a month, for the reward of a good deed is multiplied by ten times, and so fasting on three days a month equals fasting  a year.” [AL-Bukhari].

●Abu-Hurairah reported: My friend (the Messenger of Allah) has instructed me to do three things: Fasting three days every month, the two prayer units of forenoon prayer, and performing the odd prayer (AL-Witr) before sleeping.” [AL-Bukhari].

●Abu- Dharr AL-Ghiphary reported: The Messenger of Allah commanded to fast the three white days: The thirteenth, fourteenth, and fifteenth and he said, “Fasting on them is (equivalent to) fasting a lifetime.” [AL-Nasaᶦi].

④Fasting on the Day of Arafah (the ninth of Dhu al-Hijjah) for non-pilgrims.

●It was narrated from Abi-Qatadah that the Prophet (P.P.B.U.H) said, “Fasting the Day of Arafah, I hope from Allah, expiates (the sins) of the year before and the year after it.” [AL-Bukhari].

⑤Fasting possible days of the month of Muharram.

●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 in the middle of night.” [Muslim].

⑥Fasting possible days of the month of Shaᶦban.

●ᶦUsamah ibn Zaid said: “I said: ‘O Messenger of Allah, I do not see you fasting any month as much as Shaᶦban.’ He said, ‘That is a month to which people do not pay much attention, between Rajab and Ramadan. It is a month in which deeds are taken up to the Lord of the worlds, and I like that my deeds be taken up when I am fasting.’” [Abu-Daoud and AL-Nasaᶦi].

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●ᶦAishah reported: The Messenger of Allah used to fast to such an extent that we thought that he would never break his fast, and he would go without fasting to such an extent that we thought he would never fast. And I never saw the Messenger of Allah fast for a complete month except for the month of Ramadan. And I never saw him fast in a month more than he did in the month of Shaᶦban. [The Two Scholars].

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[3] Disliked Fasting

1) Fasting on the doubtful day (the 30^th of Shaᶦban) is disliked, except when it coincides with a habit like fasting on Monday and Thursday, and one of these days coincides with the 30^th of Shaᶦban.

●It was narrated from ᶦAmmar ibn Yasir that the Prophet said, “Whoever fasts the doubtful day, he has then disobeyed Abu-AL Qasim (the Prophet).” [Abu-Daoud, AL-Tirmidhi, and AL-Nisaᶦi].

− If a Muslim fasted on this day with the intention of volunteering, or hesitated between volunteering and fasting on the first day of Ramadan, then it turned out to be the first day of Ramadan, his fasting would be invalid and he would have to make up for that day. Thus, there is no need for this confusion.

− It is important to note that it is impermissible to fast one day with two intentions. 
For example:

You cannot fast on the Day of Arafah with the intention of volunteering and the intention of making up for a missed day simultaneously.

2) Fasting on any of Friday, Saturday, or Sunday alone, except when any of them coincides with a habit like fasting on the three white days (13^th, 14^th, 15^th).

●Juwairiyah bint AL-Harith, the Mother of the believers, said that the Prophet visited her on a Friday and she was fasting. He asked, “Did you fast yesterday?” She said, “No.” He asked, “Do you intend to fast tomorrow?” She said, “No.” He said, “In that case, give up your fasting today.” [AL-Bukhari].

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[4] Prohibited Fasting

1- It is prohibited for a menstruating woman, or a woman in confinement period to fast.

Her fasting would be disobedience. She would make up for these missed days of fasting (menses or confinement days), even if she fasted on them.

2- Voluntary fasting is prohibited for a woman if her husband is present, unless she asks his permission.

●It was narrated from Abi-Hurairah that the Prophet (P.P.B.U.H) said, “No woman should fast when her husband is present (in the house) but with his permission. And she should not admit any (Mahram) in his house, while he (her husband) is present, but with his permission.”          [The Two Scholars].

3- Fasting on both of the Festival of Fast-Breaking and the four days of the Festival of Sacrifice is prohibited. Both of Imam Ahmad ibn Hanbal and Abu-Hanifah excluded the pilgrim who performs pilgrimage and the minor pilgrimage (ᶦUmrah) separately (Tamattuᶦ) and the pilgrim who combines ᶦUmrah and pilgrimage from this prohibition.

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Things disliked during fasting:

1) Tasting food with tongue, unless it is necessary to do so. For example: If a wife is cooking food, she can taste its salinity to avoid her husband’s anger.

2) Chewing something like gum.

3) Introductions to sexual intercourse or emission of semen, due to difficulty of controlling it.

 He whose fasting became invalid for any reason, he would abstain from food for the rest of the day and not speak out his fast-breaking, out of respect for the holiness of Ramadan.

Things that make a fasting person break his fast and make fasting invalid:

1) Things that reach the belly or the head from a natural orifice as mouth, anus, using dropping into ear, eye, or nose.

2) Masturbation (wank), or semen emission after sexual desire.

3) Sexual intercourse.

4) Discharge of menses or confinement blood.

5) Loss of mind.

Read also

Seclusion (I'tikaaf)

Some of fasting provisions

   

Sunnah and voluntary prayers

SUNNAH AND VOLUNTARY PRAYERS

Regular Sunnah prayers which are performed before or after the obligatory five daily prayers (Their total number is seventeen prayer units):

*The two “Fajr” prayer units before morning prayer.

*Four prayer units before noon prayer and two units after it.

*Four units before afternoon prayer.                            
*Two units after sunset prayer.

*Three units after night prayer (one of them is performed as an odd prayer ‘Witr’).

- And there are:

a) Permanent voluntary prayers:

*Optional night prayer: It is performed in pairs (two prayer units every time) and then the last one is odd prayer (one prayer unit).                                              
*Mosque greeting prayer.

*Ablution renewing prayer.   

*Forenoon prayer (It ranges between two prayer units and eight units).

b) Voluntary prayers performed in their occasions:

*The two festivals prayers.                                
*Rain invoking prayer.                               
*Eclipse prayer.

*Lunar eclipse prayer.                                         
*Rest prayer (Traweeh).

*AL-Kaᶦbah circumambulation prayer.             
*Returning from travel prayer.                
*Funeral prayer.

- All of them are two prayer units, except the rest prayer which ranges from eight to twenty prayer units.

- Funeral prayer is performed by saying, “God is the Greatest” four times without bowing down or prostration. 

c) Personal prayers:

*Praises prayer (Salat At Tasabeeh).                                                   
*Guidance prayer.

*Repentance prayer.                                          
*Need prayer.

- All of them are two prayer units, except the praises prayer which is four prayer units.

۞ A Muslim performs the following prayers alone:

*Praises prayer.                                  *Guidance prayer.

*Need prayer.                                     *Repentance prayer.

*Mosque greeting prayer.                  
*AL-Kaᶦbah circumambulation prayer.

*Forenoon prayer.                               *Returning from travel prayer.

And he performs the following prayers in a group:

*Rain invoking prayer.                          *The two festivals prayers.

*Lunar eclipse prayer.                           *Eclipse prayer.                               

*Rest prayer.                                         *Funeral prayer.