THE FIQH DEPARTMENT

In the Name of Allah, The Most Beneficent, The Most Merciful.
Although every Fiqh opinion is based on evidence, often times, the scholars differ in their views. This room for differences is a mercy from Allah, and as long as there is evidence to support an opinion, then we must respect scholars' views, even if we may not always agree.
The Prophet (SAW) said:
"Whoever performs Ijtihad and errs will receive one reward. Whoever performs Ijtihad and arrives at the correct answer gets double the reward"
(Bukhari) 
Fiqh: Islamic Jurisprudence


Sh. Ibn Uthaymeen: Advice on Unity PDF Print E-mail
General
Written by Muhammad Ibn Salih Al-Uthaymeen   

 

I advise my brothers that they should unify their ranks, and that they should be like a single body seeking to establish the Religion of Allah, as Allah - the Most High - said:

"He (Allah) has ordained for you the same religion (Islam) which He ordained for Nuh (Noah), and that which We have inspired in you (O Muhammad ), and that which We ordained for Ibrahim (Abraham), Musa (Moses) and 'Iesa (Jesus) saying you should establish religion (i.e. to do what it orders you to do practically), and make no divisions in it (religion)..." [Sura ash-Shooraa 42:13].

Thus it becomes very clear that what is required from us - as it was required from the Prophets who were foremost in resolve - is to establish the Religion and not to make any divisions therein. So our Lord - the Mighty and Majestic - ordered us to establish the Religion and not to make any divisions in it. O my brothers! Unite your ranks, and do not differ, since Allah - the Most High - said:

"And do not dispute with each other, unless you loose courage and your power departs, but be patient. For indeed Allah is with those who are patient." [Sura al-Anfaal 8:46].

Do not label each other as being deviant, nor label each other as being sinners. If you see in any of your brothers that which is objectionable, then go to them and debate with them about this, until your word is unified, and thus cause the Ummah to remain united. None of you should try to slander his brother, since this will cause a great deal of enmity and hatred. Likewise, none of you should declare his Muslim brother to be a disbeliever, innovator or a sinner - since this is not from the nature of a Muslim.

 

 
Is it permissible for a father to compel his daughter into a marriage? PDF Print E-mail
Marriage
Written by Abdul-Aziz Ibn Baz   

 

Question: Is it permissible for a father to compel his daughter into a marriage with someone she does not desire?

Answer: It is not permissible for the father or someone besides him to compel the one who is under his guardianship to marry someone she does not desire to marry. Rather, it is necessary to seek her consent and permission due to the saying of the Messenger (sallallaahu ’alayhi wa sallam): The virgin is not to be married until her consent has been sought. They said: O Messenger of Allaah! What is her consent? He replied: Her silence. And in another wording: And regarding the virgin, her father seeks her consent and her consent is her silence.

Therefore it is obligatory upon the father when she reaches the age of nine or greater that he asks for her consent. It is likewise for her guardians, they do not marry her without her consent. This is obligatory upon all of them. Whoever marries his daughter without permission/consent then the marriage is not correct because one of the conditions of the marriage is the consent and pleasure of both parties. So if he marries her without her being pleased with it and compels her with strong threats or even beating, the marriage is not valid...

It is required from the prospective husband, when he knows that she does not desire him for marriage, that he does not pursue the matter even if her father facilitates this for him (give him permission). It is obligatory for him to fear Allaah and not to come to the woman who does not want him for marriage... It is obligatory for him to beware of what Allaah has made unlawful upon him and this is because the Messenger (sallallaahu ’alayhi wa sallam) ordered the girls consent to be sought (first).

 

Sh. Bin Baaz in Fataawal-Mar'ah Vol. 2. p.50

 

 
When should a Muslim start fasting six days of Shawwaal? PDF Print E-mail
General
Written by al-Lajnah al-Daa’imah   

Praise be to Allaah.

You can start fasting six days of Shawwaal from the second day of Shawwaal, because it is haraam to fast on the day of Eid. You can fast the six days at any time during Shawwaal, although the best of good deeds are those which are done soonest.

The standing committee received the following question:

Should fasting the six days be done immediately after Ramadaan, following the day of Eid or is it permissible to do it a few days after Eid in the month of Shawwaal or not?

They replied as follows:

These days do not have to be fasted immediately after Eid al-Fitr; it is permissible to start fasting them one or more days after Eid, and they may be done consecutively or separately during the month of Shawwaal, according to what is easier for a person. There is plenty of room for maneuver in this matter, and this is not obligatory, it is Sunnah.

And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions and grant them peace.


Fataawa al-Lajnah al-Daa’imah, 10/391
 
Intention to fast must be formed before Fajr PDF Print E-mail
Ramadan
Written by Permanent Committee for Scholarly Research and Ifta’   

 

 

Intention to fast must be formed before Fajr

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The first question of Fatwa no. 4352

 

Question 1: Should the intention to fast Ramadan be formed at night or during the day? If someone is informed at forenoon that today is Ramadan, should one make up for it or not?

 

Answer: It is obligatory to form the intention to fast in the month of Ramadan at night, before Fajr (Dawn).

 

Starting the Sawm in the daytime does not suffice without prior intention. So, if someone knows at forenoon that today is a day of Ramadan and then makes the intention to fast, it becomes obligatory on them to abstain from all that nullifies the Sawm until sunset. But they have to make up for that day, due to the Hadith related from Ibn ‘Umar, on the authority of Hafsah, (may Allah be pleased with them) that the Prophet (peace be upon him) said: Anyone who has not formed the intention to fast before Fajr no Sawm counts for them. (Related by Imam Ahmad, the Compilers of the Sunan [Imams Abu Dawud, Al-Tirmidhy, Al-Nasa’y and Ibn Majah], Ibn Khuzaymah, and Ibn Hibban, who classified it as Sahih [a Hadith that has been transmitted by people known for their uprightness and exactitude; free from eccentricity and blemish]and Marfu‘ [a Hadith narrated from the Prophet with a connected or disconnected chain of narration]) This ruling applies to the obligatory Sawm.

 

 

As for the supererogatory Sawm, it is permissible to form the intention to fast at daytime, if the person has not eaten, drunk, or had conjugal intercourse since Fajr. This is because it is authentically reported from the Prophet (peace be upon him), on the authority of ‘Aishah (may Allah be pleased with her), that he (peace be upon him) came to her one day at forenoon and said:

 

'Do you have anything (any food)?' She said, 'No.' He (peace be upon him) said, 'Then I am fasting.' (Related by Muslim in his Sahih [Book of Authentic Hadith])

 

May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family, and Companions!

 

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Reference:

Permanent Committee for Scholarly Research and Ifta’

`Abdullah ibn Qa`ud, `Abdullah ibn Ghudayyan, `Abdul-Razzaq `Afify, `Abdul-`Aziz ibn `Abdullah ibn Baz

 
Golden Words of advice for Ramadhaan PDF Print E-mail
Ramadan
Written by Abdel Aziz Bin Baz   

 

 

 

Golden Words of advice for Ramadhaan

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Question: What words of guidance do you have for the Muslim ummah, on the occasion of the month of Ramadhaan?

 

Response: In the name of Allaah, all praise is to Allaah alone, and may Allaah send prayers and salutations upon our Prophet (sal-Allaahu `alayhe wa sallam) and his family and his companions and whoever is guided (aright) by his guidance. To proceed:

 

Certainly, concerning the approach of the blessed month of Ramadhaan, I advise my Muslim brethren everywhere to have taqwa of Allaah, the Mighty and Majestic; to strive to do good deeds; to give sincere advice and be patient with the advice; to assist one another in good deeds and piety; to be cautious of all the sins Allaah has forbidden, wherever one may be, especially during this noble month - for indeed it is a great (precious) month, within which the reward for good actions is multiplied.

 

Mistakes (sins) are forgiven during this month, for those who fast and perform voluntary prayers, with sincere faith and hoping to attain Allaah's rewards.

 

The Prophet (sal-Allaahu `alayhe wa sallam) said:

 

((Whoever fasts during the month of Ramadhaan, out of sincere faith and hoping to attain Allaah's rewards, then all his previous sins will be forgiven)).

 

The Prophet (sal-Allaahu `alayhe wa sallam) also said:

 

((When the month of Ramadhaan starts, the gates of the Heaven are opened and the gates of Hell are closed and the devils are chained)).

 

The Prophet (sal-Allaahu `alayhe wa sallam) also said:

 

((Fasting is a shield or protection from the fire and from committing sins. If one of you is fasting, he should avoid sexual relation with his wife and quarrelling, and if somebody should fight or quarrel with him, he should say, "I am fasting")).

 

The Prophet (sal-Allaahu `alayhe wa sallam) also said (on the authority of Allaah):

 

((All the deeds of the son of Aadam are for for himself; a good deed is eqaul to ten times it's equivalent except fasting, for certainly it is for Me, and I will give the reward for it. He left his desires, his food, his drink for My sake. There are two pleasures for the fasting person, one at the time of breaking his fast, and the other at the time when he will meet his Lord. The unpleasant smell coming from the mouth of a fasting person is more pleasant to Allaah than the smell of musk)).

 

The Prophet (sal-Allaahu `alayhe wa sallam) used to announce the good news of the arrival of the month of Ramadhaan to his companions, and would say to them:

 

((The month of Ramadhaan has come to you. It is the month of blessings. During this month, Allaah sends down mercy, ones mistakes are forgiven, supplications are answered and Allaah praises you in the presence of His angels, so show Allaah your virtues. For certainly the unfortunate individual is he who is prohibited from the mercy of Allaah)).

 

The Prophet (sal-Allaahu `alayhe wa sallam) said:

 

((One who does not abandon evil talk and actions, then Allaah is not in need of him abandoning his food and drink (i.e. his fasting))).

 

And (such) narrations regarding the superiority of Ramadhaan and striving to increase good deeds in it, are many.

 

Therefore, I advise my Muslim brethren to be sincere and upright during the days and the nights, and to compete in doing all good deeds. And from amongst these (good deeds) are: To increase in reading the Noble Qur.aan, with understanding and contemplation. And to increase in glorifying Allaah [subhaan-Allaah] (at-Tasbeeh), prasing Allaah [al-Hamdu-Lillaah] (at-Tahmeed), declaring none truly worthy of worship except Allaah [Laa ilaaha ill-Allaah] (at-Tahleel), declaring the greatness of Allaah [Allaahu Akbar] (at-Takbeer), and seeking forgiveness from Allaah [Astaghfi-rullaah] (al-Istighfaar), and to ask Allaah for Paradise, seeking His protection from the Hell fire and all (other) good supplications.

 

I also advise my Muslim brethren to increase in giving charity during this month; to comfort the poor and destitute; to make (every) effort to deduct the Zakaah (from one's wealth) and distribute it amongst the deserving; to make (every) effort in inviting to (the path of) Allaah (Subhaanahu wa Ta'aala) and teaching those unacquainted (with Islaam); to command the good and forbid the evil with gentleness, wisdom and the best of manners; to warn against all evil and adhere to seeking sincere repentance, according to Allaah's saying:

 

{…and all of you beg Allaah to forgive you all, O believers, that you may be successful}, [Soorah an-Noor, Aayah 31].

 

And the saying of Allaah:

 

{Verily those who say: 'Our Lord is (only) Allaah,' and thereafter Istaqamu (i.e. stood firm and straight on the Islaamic Faith of Monotheism by abstaining from all kinds of sins and evil deeds which Allaah has forbidden and by performing all kinds of good deeds which He has ordained), - On them shall be no fear, nor shall they grieve. Such shall be the dwellers of Paradise, abiding therein (forever), - a reward for what they used to do}, [Soorah al-Ahqaaf, Aayah's 13-14].

 

May Allaah grant everyone success in that which pleases Him and protect everyone from the temptations which misguide and all satanic enticement. For certainly Allaah is generous and kind.

 

 

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Reference:

Shaykh 'Ibn Baaz

Fataawa Ramadhaan - Volume 1, Page 32, Fatwa No.7;

Majmoo' Fataawa Samaahatu as-Shaykh 'Abdul-'Azeez Ibn Baaz - Volume 3, Pages 147-

 

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Second Hand Smoke and Fasting PDF Print E-mail
Ramadan
Written by Muhammad ibn 'Abdul Wahhaab al 'Aqeel   

 
 Question:

We know that smoking is prohibited; however what is the evidence that it breaks your fast? What about second hand smoke, does it break ones fast?

Response:

Whatever enters your throat may Allaah bless you; is either in the form of food, drink or whatever takes their ruling. Smoke is in reality, something that was previously solid that turned into smoke [by burning in this case]. So if a person breathes in this smoke, [some of it] turns back into a liquid form, and any liquid that enters a person’s throat invalidates his fast.

Smoking is prohibited to begin with, because it is harmful. The scholars state that this smoke turns into a liquid after it is breathed in, and it is this liquid that brakes your fast.

Likewise even Bakhoor (incense), which is a fragrance in the form of smoke, the scholars say that it is not permissible for a fasting person to breathe it in because it turns into a liquid.

As far as second hand smoke, if a smoker is next to you, you must take the necessary precautions by closing your mouth and nostrils, or ask him/her to stop smoking, just as you would do if you came across a small sand storm [i.e you would cover your mouth and nostrils].

Reference: Audio Tape: Taking Advantage of the Last Ten Days of Ramadaan

Author: Shaykh Muhammad ibn 'Abdul Wahhaab al 'Aqeel

 

 
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