Giving Charity to the People of the Book

The following question was asked of a marja`:

What are the limitations and strictures in the Revealed Law in relation to giving charity to the poor among the People of the Book?

Are the limitations in the Revealed Law for that? The specific reason for my question is that there is someone I know that is from the People of the Book and is poor and has a personal connection to me. This is the reason why I ask.

 

The marja,` Imam `Abdur-Rahman Ash-Shami, may Allah preserve him, answered with what follows:

There is no harm in helping them as you have just mentioned. However, this charity is not to be given from the wealth of the Zakah but as a separate charity.

Taken from the website of the maraji`

Posted in Economy, False Religions, Fiqh, Miscellaneous Issues | Leave a comment

The Method for Making Up Prayers

The following question was asked of a marja`:

I am a thirty year old lady and in the past I had been negligent in making all of the five daily prayers when I was younger. Whenever I make one of the five daily prayers in its’ time, thereafter, I make up the same prayer that I missed as well.

I do this throughout the day until by the end of the day, I have done five daily prayers for the day and made up the prayers missed as well.

Is this action acceptable in the sight of Allah or am I not obliged to make up the prayers? Thank you very much and may Allah reward you with every good end.

 

The marja,` Imam `Abdur-Rahman Ash-Shami, may Allah preserve him, answered with what follows:

What you are doing is actually very good. But I would say the best thing to do is that every day to make up two or three days of prayers using the same method. I say this so that way you will complete what is due upon you sooner rather than later.

Taken from the website of the maraji` 

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A Wife Serving the Parents of the Husband

The following question was asked of a marja`:

As-Salaamu `Alaikum wa Rahmatullah,

The wife in the Revealed Law is not responsible for serving the parents of the husband but the husband is responsible for serving his parents. There is the case of the husband who works from morning until evening outside of the house due to the making his wage for the safeguarding of food for his wife and parents.

When he is not working, he is not able to give precedence to the door and drink of his own house and his sisters’ daughters’ husbands. They are not given any respite from going to the house of their parents, but rather the husband, wife and those aforementioned are obliged to go.

In this particular circumstance, do we say to the husband of the wife that she is not responsible for serving his parents or do we say to the wife that she is not responsible for serving the parents according to the Revealed Law but she is responsible according to social customer?

 

The marja,` Imam `Abdur-Rahman Ash-Shami, may Allah preserve him, answered with what follows:

The wife is not responsible – according to the Revealed Law and social customer – for serving the parents of her husband. But rather she chooses what is best that Allah has given her in that regard. If she chooses to serve the parents out of her own choice, then she realises a grand and immense reward and this also fills the heart of her husband with gladness and joy.

Taken from the website of the maraji`

Posted in Fiqh, Governance, Marriage, Miscellaneous Issues | Leave a comment

Polygamy and Dislike of First Wife

The following question was asked of a marja`:

As-Salaamu `Alaikum wa Rahmatullah,

Does polygamy have conditions? What is it that we are to do when the first wife categorically rejects polygamy and explicitly states that she will seek a divorce if the husband should engage in the act during their marriage?

 

The marja,` Imam `Abdur-Rahman Ash-Shami, may Allah preserve him, answered with what follows:

There are no conditions set for polygamy when the practice in its’ essence is permitted. And when someone has made a covenant of marriage with a second or third wife and the pillars and conditions of the marriage are completed, then the contract is sound.

The main issue is that that the polygamy in its’ essence must be adhered to according to what affairs are permitted, disliked and impermissible. Polygamy is permitted when there is a benefit for the husband such as in the case when his first wife has not been faithful to him or the first wife is barren and he wants more children.

Polygamy would be disliked when there the husband has no need. It was said by Imam Mustafa Ar-Ruhaibani: “He does not marry more than one wife and this is praiseworthy as long as she has been faithful and submissive to him and there is not seeking towards that which is impermissible.”

The scholars of the Sunan collections have narrated with a sound chain of transmission the following hadith, ‘Whoever had two wives and inclined to one of them over the other, then he will come on the Day of Resurrection with one side leaning.’

Polygamy would be impermissible for the husband when he reasonably knows or is certain that he would not be able to be just in that situation and this has basis according to what has been narrated by Imams Malik ibn Anas and Ibn Majah in a hadith where the Prophet, peace and blessings of Allah be upon him, said, “There is no harm or reciprocating harm.” This hadith is indeed authentic.

When the first wife rejects being in a polygamous marriage and explicitly states that she will seek a divorce if this is done in marriage, then in the event that he is just and it is not necessary for him but he insists on it, then he may divorce her.

If he chooses not to, that is his choice. If she is patience and does not want it or she wants a khula` then this is permitted. Allah knows best in that regard.

Taken from the website of the maraji

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Rulings that Appear Islamic But Actually Serve the West

بسم الله الرحمن الرحيم

 

By Imam Muḥammad Saʿīd Ramaḍān al-Būṭī[1] 

Translated by Mahdi Lock

 

I don’t know of any matter in the religion that provokes more awe in the soul when it is approached and is more conducive to biding one’s time and being wary of it than the matter of fatwā, for the scholar finds himself in front of something that he must take up the cause of…

and I don’t know of any matter in the religion in this current age of ours that is more attainable, easier to practice and has more people crowded around it and competing for it than the matter of fatwā.

I reflect on the stances that the Imams of the Islamic Revealed Law, those whose vast knowledge, accurate understanding and high rank in derivation has been testified to by generations, along with their upright conduct, abstinence in the life of this world and carefulness in dealing with others.

I see them looking at the job of fatwā as something undertaken on behalf of Allah, Mighty and Majestic, so where does this insolence when approaching it come from and how is it that they have come to treat it lightly and hasten to make a decision therein?

Abū ʿAmr ibn al-Ṣalāḥ narrates on the authority of ʿAbdur Raḥmān ibn Abī Laylā that he said, ‘I met one hundred and twenty of the Helpers[2] from the Companions of the Messenger of Allah, may Allah bless him and grant him peace.

One of them was asked about an issue and he passed it on to someone else, and he in turn passed it on to someone else until it eventually came back to the first person.’[3]

Ibn Masʿūd said, ‘Whoever gives a fatwā regarding everything he is asked about is mad.’

Al-Ḥāfiẓ Abū ʿUmar ibn ʿAbdul Barr mentioned on the authority of al-Qāsim ibn Muḥammad ibn Abī Bakr al-Ṣiddīq, may Allah be pleased with him, that a man came to him and asked him about something and al-Qāsim replied, ‘I don’t know the answer.’ The man then started saying, ‘I was pushed to go to you. I don’t know anyone else.’

Al-Qāsim said, ‘Don’t look at the length of my beard and the multitude of people around me. By Allah, I don’t know the answer.’ Then he said, ‘By Allah, that my tongue be cut off is more beloved to me than talking about something that I have no knowledge of.’ Sufyān ibn ʿUyaynah said, ‘The most impudent of people when it comes to giving fatwā are the least of them in knowledge.’[4]

I don’t know of any difference of opinion regarding the jurists’[5] affirmation that the independent muftī must be an absolute mujtahid.[6] If he is a mujtahid within the madhhab that he belongs to then he is not independent, and he has rules and restrictions that he should not step outside of.

If he is below the rank of ijtihād[7] in the madhhab then he is an imitator[8] or follower.[9] If he is asked for a fatwā in a matter then he must relate to the questioner the ruling that has been given in the madhhab of his Imam. It is not permissible for him to go beyond that and refer to another

Imam, just as it is not permissible for him to give a fatwā based on a weak position in the madhhab or that which counters the correct position in the madhhab, unless he is a mujtahid in a certain topic of fiqh, and no one else, in which case he can give a fatwā therein relying on his own ijtihād, and this is based on the correct position that ijtihād can be separated. [10]

***

            I reflect on these rules, which are agreed upon with regards to practising fatwā, as far as I know, and I look at the awe and fear that would be overflowing in the hearts of the early generations and those who followed their path from this Ummah in undertaking the task of fatwā, and their severe warning against embarking boldly upon it.

Then I look at what the state of many imams and scholars of the Muslims has been reduced to, with regards to this massive responsibility, for in illustrations of the opposite I see something frightful bearing warning of a calamitous tribulation.

It is possible that many readers are thinking that I’m referring to the matter of fatwā being approached without knowledge, and hastening to answer people’s questions without long and thorough consideration and reflection, and this is something that happens and is witnessed, no doubt about it, and it is of the utmost seriousness, as the Messenger of Allah, may Allah bless him and grant him peace, has informed us. However, I am talking about something more dangerous than this and far more wicked.

Indeed, what is happening today in many of our Islamic societies, and in Western societies where there are Islamic minorities, is that certain people are working towards changing the established rulings of the Revealed Law and replacing them, under the banner of renewing[11] Islamic jurisprudence[12]…and this is only being done at the hands of people who wear the garments of Islam and present themselves as calling to it and defending it.

The major portion of the incentive that calls to following this path is represented in the capitulation of most Islamic activities, in their various forms, to the pressure that is applied by the callers and promoters of the stream of modernity, and in the submission of those carrying out these activities to the unjust accusations that are directed at the Islamic Revealed Law,

such as the claim that it is scripturally rigid, or the lack of judging by what is called the ‘spirit’ of the Islamic Revealed Law when taking hold of it…and both politics and melting into party life play a large role in supporting this stream, and boldly delving into the rules of ijtihād and into the foundations of dealing with the rulings of the Islamic Revealed Law.

Achieving this objective can only be done by way of a series of fatāwā that appear to be of the Revealed Law in their titles and appearance but whose innermost ideas and contents serve the destructive plans of others.

Indeed, playing around with the rulings of the Revealed Law cannot be arrived at today by openly declaring the sought-after objective and manifesting the secrets of what is being intended.

Rather, the matter therein is that it would unleash reactions from people who feel strongly about the Faith (and they are many), feelings which make them cling more stringently to Allah’s rulings, Mighty and Majestic is He, and they would jump up and attack anyone who declares that they are playing around with them and they would move towards tearing up whatever caused it by any and every means possible.

Rather, today, the only way to fool around with them[13] is to put an end to them, to send in fraudulent and counterfeit novelties by way of fatwā channels that have religious inviolability.

This is what is happening today in the public square in our Islamic societies. You look at the building of the Islamic Revealed Law and you can see that it is gradually being emptied of its contents and in its place are put ready made and available rulings and decisions, which have no connection to Islam,

that wait for the team that is responsible for transferring them, via the tunnel of fatwā, and inserting them into the building of the Islamic Revealed Law. This is how these these rulings that bear a counterfeit Islamic identity become settled within the structure of Islam, woven from baseless, delusive fatāwā.

Furthermore, this transferring mainly takes place by way of one of two factors:

The first of them is the official political factor…and it manifests itself in the hidden contract that normally takes place between the authorities of a certain state and whoever they choose to be a muftī therein. Indeed, part of what is required of him is to be in harmony and agreement with whatever the current policy dictates by working towards diminishing the authority of the Islamic Revealed Law over that society, especially in matters connected to the economic system and rulings regarding the family and relations between men and women, and that which is connected to moral restrictions in general.

The affair of whoever comes to choose the post of giving fatwā is that he prefers his worldly life over his Hereafter and the pleasure of his earthly rulers over the pleasure of his Lord. He is sacrificing his religion in order to remain in his post, desiring to achieve the higher post that follows it.

Thus, the secret contract is confirmed with the authorities that chose him so that they can use him as religious cover in order to do irreligious things! He continues to surprise the Muslims with fatāwā that have been emptied of what is clearly stated in Allah’s Book and authentically related from the Sunnah of the Messenger of Allah, may Allah bless him and grant him peace.

Indeed I know notable jurists in Islamic lands who, before they took up the post of fatwā, were examples of uprightness upon true guidance and undertaking this trust on behalf of Allah. They did not declare the unlawful lawful. They were not negligent with regards to obligations. They did not alter or change.

Then, when one of them was granted this post the people were surprised to see the opposite of what he was known for coming from him…the usury that he used to go to great lengths to warn against became a permissible commercial action, zakāh came to no longer be obligatory on money accumulated in banks and funds, only the profits that arose from it.

He is the same person who used to give fatwā according to what was known and agreed upon, i.e. zakāt being obligatory on both capital and its profit. A young lady adhering to covering[14] the head became a matter dependent on benefit[15] and could be left aside if it was incompatible with her high school or university studies.

He is the same person who used to constantly draw attention to the obligation women have to veil anything that can be a source of temptation and beauty. Striving to die as a martyr and desiring Allah’s pleasure according to its rules and restrictions in the Revealed Law became, in his ijtihād, an act of suicide that hurls a person into blasphemy and strips him of his faith.

Before sitting on this chair, he was the one who envied these mujāhidīn and encouraged them and had no doubt that, if their intentions were pure, they would go back to Allah, Mighty and Majestic, as martyrs.[16]

What is it that would make one of these people remove the job of adhering to Allah’s Revealed Law from their lives in order to take on, entirely of their own choice, the task of altering and changing Allah’s rulings?

Indeed it is the secret job that is entrusted to him: the policy of the state stipulates (as is imagined by those in charge of it) that it comply with the demands of great powers,[17] those who have declared war against Islam. Their demands are embodied in trimming away at the edges of the religion, diluting its rules and replacing its rulings.

But what is the path by which this objective of theirs is to be achieved, leaving aside the fear of the Ummah’s restlessness and that the flames of revolution will be stoked therein? Indeed it is the path of fatāwā that are outwardly Islamic but inwardly plot against Islam. Indeed they are the readymade fatāwā that are manufactured on demand, waiting to be declared!

***

            This is the first motive: the official motive of the muftī and the political motive of the state that appointed him!

As for the second factor, or motive, it is the party motive. What I mean here is Islamic parties, i.e. those which openly declare their effort to impose the Revealed Law of Islam on their society…so what would push them to change Allah’s rulings?

The short answer is that those in charge of the party…any Islamic party…strive just like all other parties to get into power by all possible means, in view of the fact that, according to their conviction, it is the only way to administer the helm of authority and impose the desired law, and thereupon impose the Revealed Law of Islam and the Islamic system of governance upon society.

Regardless of the validity or invalidity of this opinion, what always happens in the course of striving for this objective, the objective of getting into power, is that those in charge of the party spare no effort in exhausting the various political means in order to arrive at this objective, and what they always fall back on is that this holy objective justifies these means for which there is no alternative.

However, on many occasions, these means demand the flattering of others, namely influential people, and to agree with them in realizing what they are seeking, and to a large extent it is foreign powers that secretly control the helm of global policy. It is from the habit of these people to choose for themselves notable Muslims who will act as agents on their behalf, implementing their plans and following the path that has been laid out for them.

In view of the fact that Islamic parties are included, just like other parties, within the political spectrum, subject to its enticements and governed within its stream, then it is inevitable that their leaders will look to extend political bridges between themselves and many of the traditional politicians in the Islamic world, as well as many foreign powers in the west, using favours from them whenever the situation demands it…and what is demanded of them is to demonstrate that there is no terrorism in Islam and that its rulings are based on magnanimity and adaptation and that they are subject to the requirements of modernisation and development.

The unavoidable outcome for anyone who capitulates to the stream of this policy and falls into its enticements is to comply with these demands and those like them. It is the only ladder that leads to power, and to pave the way to it…and it is known that Islamic intellectuals who apply themselves in this fashion are able to justify going into a series of these adaptations and compliances,

arguing that it is a means for which there is no alternative in order to pave the way to power. In view of the fact that this is the only means of arriving at this objective, which is to unfold the Islamic system and Allah’s Revealed Law upon society, then that without which the obligatory cannot be carried out is itself obligatory![18]

Indeed they are justifications that have false premises and absurd conclusions. However, the current situation is not sufficient for opening up another discussion about this issue, which has been researched exhaustively, and which bears the slogan of ‘repeated experiments’.[19]

Moving forward from these justifications, these other groups, groups affiliated to the Islamic parties, concoct baseless fatāwā according to need and fabricated rulings in the Revealed Law that actually don’t exist.

To a large extent, the manufacturing of these fatāwā takes place in the west, where there are Islamic minorities and these minorities and the ruling authorities have problems of incompatibility between the ruling systems and Islamic obligations.

In order to demonstrate to these ruling authorities that Islam is easy and pliant like a reed, that it twists and turns according to what is sought and is harmonious with whatever environment it is in, that it is absorbed into the established system, and in order for those in charge of Islamic party activity to garner support and to be assisted in their political efforts, either in those western societies or in Islamic countries, those in charge of these activities continue to colour the Islamic system and Islamic rulings with the dye of permanent subordinateness.

In western societies, to make manifest this phenomenon, they have set up something called the European Council for Fatwa and Research. What one notices is that many of its members have no knowledge of fiqh and have no connection to it whatsoever. Its administration and activity go back to its party leadership, which makes the Council’s fatāwā and rulings subservient to the requirements of the policy that I have spoken about.

The short-term goal is to present Islam as a religion whose minority merges into the system of the ever-differing majority, and it is does not agree to differ with it or separate from it at all.

As for the long-term goal, it is for those who hold this Islamic political view to gain the trust of influential westerners, who will then make it possible for them to achieve power in their societies and their Islamic countries, and the opportunity to be in power therein is according to what this adapting, lenient, capitulating Islam requires based on the various streams of modernity and modernisation.

Following this path, this fatwa council has issued a series of rulings and fatāwā in the Revealed Law and those who are in charge of it and administering it know that they are baseless fatāwā demanded by the policy, such as giving a fatwā that it is permissible to procure usurious loans for unforeseen needs, that it is permissible to be involved in usurious transactions,

that it is permissible for a Muslim woman to remain married to her disbelieving husband, that it is permissible to work in businesses that deal in intoxicants and unlawful foods, that it is permissible for a Muslim woman to comply with a judicial system that prohibits the ijāb, and so forth.

What is strange is that those who make use of the European Fatwa Council for the sake of rulings like these justify their undertaking of fatwā in the Revealed Law by using the argument that they are mujtahid scholars who possess all the rules and conditions of fatwā. Thus, when they follow a baseless fatwā that is rejected by the majority of Imams,

they forget or pretend to forget their own ranks in ijtihād, which rejects imitating and following, and go back to being followers or indeed imitators of people who deviate from Allah’s path and deviate from the principles of knowledge and the rules of the Book and the Sunnah, and thus they issue deviant, baseless rulings.

***

            O brethren, indeed the actions of demolishing the building of the Islamic Revealed Law are done by two tools of destruction:

The first is the tool of the war declared against it, and the entire Islamic world is feeling the pressure of this war, and the moral and material methods of pressure that are applied to it in order to change its cultural and educational ways are only from the coat tails of this declared war.

The second is the tool of readymade fatāwā that are fashioned and provided on demand, and what is desired from them is the acquisition of worldly benefits and gains, or to garner favours from people in power in other countries, those who give many of us the impression that in their hand is the capacity to loose and bind,[20] to accept and refuse and to push forward and put back.

So where is the way out? Where could we possibly find someone who will protect the building of the Islamic Revealed Law from these two tools of destruction that never slacken in their efforts to wreck and destroy?

It is assumed that I will say that we can find refuge in the individuals who are the leaders of the Islamic world, or those who speak on their behalf and act in their name, and it is the Organisation of the Islamic Conference[21]…but we all know that most of these leaders have forgotten Allah, His counsels and His rulings in the ups and downs of their profound concern for their immediate interests and their fleeting thrones.

They don’t hesitate, and they would be the last to do so, to subjugate religious fatāwā to that which guarantees the facilitation of their interests and their remaining on their thrones. As for the Organisation of the Islamic Conference, in reality it is nothing but a tall building for a most wretched grave!  If the people crouching therein happen to move it is only for ceremonial functions or to promote protocols that are required for the sake of flattery or deemed necessary in order to guarantee worldly gains!

Where, then, will we find refuge?

Perhaps refuge can be found in the remaining remnant of rightly-guided scholars who know Allah and have placed the fear of Him in their hearts, and they are certain that He alone harms and benefits, exalts and humiliates, gives and withholds.  They rely on Him in truth and they entrust their affairs to Him. They come together to renew their allegiance to Allah and to give Him sincere pledges that they will be trustees over His Revealed Law and guardians of His religion.

Then, from their meetings and cooperation, they have formed knowledge-based, religious authority[22] which comes out openly with the truth and corrects false notions. It cancels baseless religious fatāwā and answers the questions of those seeking a fatwā, wherever they may be, in accordance with the Book of Allah and the Sunnah of His Messenger, may Allah bless him and grant him peace, and in accordance with what the majority of the First Three Generations have agreed upon, without excess and without going beyond the bounds, with facilitation but without dilution, with prudence but without making things difficult.

I am absolutely certain that this remnant of righteous scholars exists, and how can I not be absolutely certain about what the Messenger of Allah, may Allah bless him and grant him peace, has promised? Likewise, I am absolutely certain that our Islamic Ummah still has much goodness in it. Indeed, it contains both old and young who re-establish themselves upon the truth and their fear of changing, their carefulness[23] in conduct and following the way of the righteous First Three Generations.

Indeed what is sought from these excellent members of this Ummah of ours is that they gather around these righteous scholars who act upon their knowledge, and that they not accept answers to their questions except from them. It is certainly within their capacity to tell the difference between the state of someone who is truthful with Allah and someone who is truthful with his nafs and his desires and passions.

If the difference is not clear to them then let them refer to the scales that that the Messenger of Allah, may Allah bless him and grant him peace, called to when he said, {The lawful is clear and the unlawful is clear and between them are doubtful matters which many people do not know. Whoever guards himself against doubtful matters has secured his Religion and his honour…}[24] and he said, {Ask your heart for a fatwā, even if the muftīs have given you a fatwā}.[25]

And however much some of them may use the excuse that they are ignorant of the difference between authentic fatāwā in the Revealed Law and counterfeit, baseless fatāwā, or ignorant of the difference between scholars who are truthful with Allah and those who are truthful with their desires and passions, they will never be more ignorant than the American lady who became Muslim without her husband.

When she asked about the ruling in the Islamic Revealed Law regarding remaining married to her disbelieving husband, the answer from the Council of Fatwa and Research was there was no objection to her remaining married to him!

Without thinking about it a great deal or asking other scholars, the lady asked her heart for a fatwā and then said, ‘Indeed acting upon this answer does not satisfy my feelings of faith in Allah’, and it did not evoke in her heart the desired tranquillity. She thus apologised to her husband for not being able to remain married to him and has bid him farewell until they meet again in the magnanimity of Islam.

[1] Translated from the Imam’s book al-Islam wa al-Gharb (Damascus: Dār al-Fikr, 2007), p.143-156

[2] (tn): Ar. al-Anṣār

[3] Adab al-Fatwā by Ibn al-Ṣalāḥ, ed. Rifʿat Fawzī ʿAbdul Muṭṭalib, p.28

[4] ibid. p.59 onwards

[5] Ar. fuqahāʾ

[6] Ar. mujtahid muṭlaq

[7] (tn): i.e. personal reasoning

[8] Ar. muqallid

[9] Ar. tābiʿ

[10] See the introduction to Imam al-Nawawī’s al-Majmūʿ, al-Munīriyyah edition, p.40 onwards, and see al-Mustaṣfā by a-Ghazālī (2/392), Būlāq edition.

[11] Ar. tajdīd

[12] Ar. fiqh

[13] (tn): i.e. the rulings of the Revealed Law

[14] Ar. ḥijāb

[15] Ar. maṣlaḥah

[16] It is known that what we hear of car bomb attacks against Muslims on the pretext that they are assisting oppressive rulers and the like, such as what is happening in Iraq now, is not consistent with the rules and restrictions of the Revealed Law. Thus, they are not considered acts of martyrdom but rather unlawful crimes.

[17] (tn): i.e. those sovereign states that are recognised as having the ability to exert their influence on a global scale

[18] Ar. fama la yatimmu al-wājibu illa bihi fa huwa wājib, for example, the obligation al-alāh cannot be completed without wuḍūʾ, and therefore wuḍūʾ is also an obligation

[19] (tn): or trial and error

[20] Ar. al-ḥall wa al-ʿaqd

[21] (tn): Now known as the Organisation of Islamic Cooperation, since 2011

[22] Ar. marjaʿiyah

[23] Ar. warʿa

[24] Agreed upon from the ḥadīth of al-Nuʿmān ibn Bashīr (tn): Please see the sixth ḥadīth in Al-Arbaʿīn Al-Nawawiyyah.

[25] Narrated by al-Bukhārī in al-ārīkh from the ḥadīth of Wābiṣah

Posted in Creed, Economy, Education, Fiqh, Governance | Leave a comment

Several Jumu`ah Prayers Due to Lack of Space

The following enquiry was made by the marja` of Kuwait, Imam `Abdullah ibn Khalaf ibn Dahyan, to another marja`:

There is a recorded statement by Imam Mansur al-Buhuti[1] in his Cliff Notes on the Uttermost Boundary[2] regarding the Jumu`ah prayer. The discussion centred around a Central Masjid being overcrowded and whether another jumu`ah was to be done.

Is the statement regarding having several jumua`ahs in one city due to overcrowding general, i.e. in that it refers those people present or even those who would not be present? Or is there another ruling? What is the ruling in this regard?[3]

 

The answer given by the marja`, Imam `Abdul Qadir ibn Badran ad-Dumi (d. 1346 AH), may Allah have mercy on him, is as follows below:

The explicit understanding held by the scholars of the school is that it is not permissible to establish the Jumu`ah prayer in two places or more in a city without need. This was explicitly mentioned by Imam Muwaffaq ud-Din Ibn Qudamah[4] in his text, The Sufficer[5] as well as his other books.[6]

If the Jumu`ah is established in two places or more without need then the Jumu`ah of the grand Imam[7] is valid while if they were equal in number, then the second is invalid. If both Jumu`ah prayers occur at the same time and the grand Imam is ignorant of the second,[8] then both Jumu`ahs are invalid from the two parties. [9]

The difference of opinion is on the question of what to do when there is a jumu`ah that occurs in two places due to some need. There are two narrations that have been given by Imam Al-Majd ibn Taymiyyah[10] in The Authoritative Statement in Fiqh:[11]

“So is it permissible to have jumu`ah prayers in two places or more when there is a need? There are two narrations in this regard. If we say that it is not permissible – meaning if there is no need for it – then the second jumu`ah prayer will be invalid unless specific permission to conduct it has been sought from the grand Imam. Once permission is sought, then it will be valid.

It has also been stated that the first jumu`ah is valid without restriction; but if a second jumu`ah happened without the knowledge of the Imam and his congregation, then the first jumu`ah of the grand Imam and his congregation will be invalid and they must pray Zuhr after this jumu`ah.

In the event that the grand Imam in the first jumu`ah and the second jumu`ah begin the prayer at the same time, then both prayers are invalid.

If he did not know about them and both jumu`ahs started the prayer at the same time, or even two different times, then what is to be done? Are they to pray Zuhr after it? Do they pray the Jumu`ah at all? There are two narrations about this matter.”[12]

The latter day scholars have shown preference to the position that it is valid to have a number of jumu`ahs in different places, provided that there is a valid need as discussed in texts such as The Sufficer, The Rectifier,[13] The Uttermost Boundary[14] and others.

They considered “need” to cover things such as overcrowding in the central masjid of the area due to people. This was explicitly mentioned by the Shaikh, Taqi ud-Din Ibn Taymiyyah[15] in Digest of Egyptian Legal Rulings[16]and this ruling was followed by the two great commentators on the Uttermost Boundary, namely Imams Al-Futuhi[17] and Al-Buhuti.

The vast majority of our scholars hold that the word, “the people” on its’ outward form without any investigation of whether they are present or not in the gathering. This was the case for the early scholars.[18]

The latter day scholars[19] did differ about the meaning of the expression due to three possible understandings of the expression:

1. The intent of the “the people of the land or area” means that those mentioned are required to attend Jumu`ah whether they are present in the congregation or not.

2. The intent of those people mentioned is anyone who his presence validates the Jumu`ah prayer in the most general sense.

3. The intent regarding “the people of the land or area” means whoever is present for the Jumu`ah prayer.

The second of the three mentioned positions is held by Imam Al-Buhuti in his Cliff Notes on the Uttermost Boundary.[20]

Imam Al-Futuhi stated in commentary to his own work, The Uttermost, “Like the overcrowding of the masjid of the area due to its’ people.”

In his Cliff Notes, Imam Al-Buhuti said the following, “I hold that expression to be absolute and general for everyone who his presence validates the Jumu`ah prayer.

And this is the case even if he did not pray the Jumu`ah prayer and even if the Jumu`ah prayer was not compulsory for him at that time. Based on this, the number of jumu`ahs in an urban area for the need of the people is valid.” [21]

If we stop at this point, we can say that the inquiry has been answered; but there is still another issue within the question that needs to be answered.

Now let the questioner pause at the words of the two commentators, Al-Futuhi and Al-Buhuti, “So the overcrowding of the masjid of the area due to its’ people,” and let him ask if this is general or not.

The answer to the question is that Imam Al-Buhuti considered the pronoun, “its” in the expression “its’ people” to be referring to the land or area and not the masjid.

If he had declared the pronoun as belonging to the masjid, then the ruling would have specifically been for the people of the masjid and that would have been in a metaphorical sense and those referred to would have been those present for the prayer.

When you look at the text and see that he declared the pronoun “its” belongs to the “land or area,” this is therefore general for the people of the area. It is not hidden on your mind that the people of the land is a more general term than those who are required to prayer Jumu`ah when it has become compulsory for them and those who it has not become compulsory for them.

The expression, “the people,” is more general in scope than “those who are present for the Jumu`ah” and “those who are not present for it.” The reason for this is that the expression “people” is general and its’ understanding does not hinder from the expression being shared in its’ meaning.

The word “people” is the name of a group and not one of them. This can be seen in words like “mankind,” “animals,” “water” and “dirt.” Mankind does not refer to one man but all of them collectively.

The word “animals” does not refer to one animal but all of them as a collective. The same can be said of the fact that water does not refer to one drop or dirt to one speck, but to all of it. The evidence that the word, “people” is general is when you use qualified statements like, “The people of the land honoured everyone except the young among them.”

If this expression, “people” was not general, then it would not have been valid to use a qualified statement as in the case just mentioned.

The indicator of an expression being general is the validity of using a qualified statement with it although the number exempted is not mentioned.

Likewise, this same principle exists in the science of Foundational Laws.[22] So when the Imams al-Buhuti and Al-Futuhi – in their respective commentaries – state, “The overcrowding of the masjid of the area due to its’ people,” and take the phrase in its’ general form without qualification, this is correct.

Returning to the three statements of the latter day scholars above, the first two groups regard the understanding of Imam al-Buhuti in a general sense. If someone were to consider carefully and adopt the ruling of Imam Al-Buhuti, then such an individual has not missed the mark at all.

If one were to adopt the third position mentioned above, this is far from the intent of the text as the one not present for the Jumu`ah prayer could include firstly the one who delayed due to some excuse or secondly the one who abandoned it due to laziness or taking it lightly.  Adoption of this third ruling is restricting a general statement without another qualifying phrase.

If you say that the individual not present for the Jumu`ah did so out of laziness or taking it lightly, then we would establish no reward for him and there would be no ruling attached to him.

If on the other hand, the individual not present for the Jumu`ah had an excuse for his absence, then it would cause hardship by requiring him to be present for Jumu`ah and this is a valid principle in the judgements of Revealed Law.[23]

The reason for this is that most excuses that occur are accidental and not always occurring. If we intended to hold to this ruling, there would have been no need to investigate deeply and affirm matters.

It may be that the time for the Jumu`ah elapses and the ruling would not fit such an individual. Yes, such a thing was stated by Ibn Hajar al-Haitami from the Shafi`ii scholars. He mentioned in his commentary entitled Satisfying the Need [24]in explanation of Imam an-Nawawi in the original primer entitled The Clear Instruction[25]:

(Nawawi): “So the third of the conditions of the Jumu`ah is that it has not been preceded by a jumu`ah and there is no jumu`ah being commenced at the same time in the same area except in the case of overcrowding or the difficulty of the people being gathered in one place.”

Imam Ibn Hajar al-Haitami then commented, “So the context here would appear to indicate that the pronoun in the expression “gathered in one place,” is in general for the people of the area – both the one who Jumu`ah is required of, the who it is not and the one who his presence validates the Jumu`ah – and not anyone else.

However to understand the statement in this way is far from the mark indeed; but that which is indicated is the one who is present for the Jumu`ah as is normally understood.”

These are the words of Imam Ibn Hajar al-Haitami. Now you can see here that the judgement is attached to the one who is present of the jumu`ah as is customarily known. Even if he had inclined towards the implausible position being the correct one, he would have found that the foundational laws of his madhhab would not have agreed with this understanding.[26]

The first ruling that was mentioned some time ago is held by most the scholars of the school as they attach the rulings of the Jumu`ah being that the one who has been required it being more general than the one being from the people who are present or not.

This has been stated by Imam Safi ud-Din `Abdul Mu’min[27] in his commentary on The Authoritative when he remarked, “The one who is from the people of Jumu`ah, it is not permissible for him to travel after the sun has risen until he prays the Jumu`ah prayer.”

So you can see that this Imam holds that the people of jumu`ah are absolutely those who are required to pray it. His understanding is that whoever is not required to make the Jumu`ah prayer is therefore permitted to travel.

You should look at the statement of Majd ud-Din Ibn Taymiyyah, the author of the original text of The Authoritative, “Whoever Jumu`ah has become compulsory for, it is not permissible for him to travel in the day until he has prayed the Jumu`ah.”

Whereas the intent of the one who is required to pray Jumu`ah are the people who fit the ruling, Safi ud-Din changed the expression of The Authoritative to the words, “Whoever is from the people of the Jumu`ah,” in order to clarify the meaning of the statement. This is the explanation of why there are the three rulings mentioned previously.

As for my ruling, the chosen position of Imam Al-Buhuti in his notes on the text is the most preferred position; namely that he permits that the expression holds those who can go even if it is not required for him to be there such as in the case of the one who is young and would benefit from hearing the khutbah and being in the gathering of the people of goodness and religion.

It is also important specifically in these latter days when we need to have a large amount of Muslims present and to have an increase in the ranks of those praying.[28]

 

I will also give another word from the Shaikh, Mar`ii Al-Karmi in The Uttermost and the commentary of the Shaikh of our Shaikhs, Shaikh Mustafa as-Suyuti[29] on this text.

Shaikh Mustafa as-Suyuti says in commentary,

“A group of our scholars held the position that several jumu`ahs will be valid whether there is a need for it or not.

This is the case as according to a narration from Imam al-Marwazi, Imam Ahmad was asked about jumu`ahs being prayed in two different masjids. He responded to the query by saying, ‘Let him pray it.’ ”[30]

This narration is the one chosen and I have mentioned that this is my chosen ruling in an answer that I gave previously to a question addressed to me from the city of Beirut regarding the matter. The gist of the answer that I gave was that stopping more than one Jumu`ah has no depended upon evidence for it when it is required.

The only issue that remains is when we hold it to be permitted to have a number of jumu`ahs for a need, is it then the case that there can be two, three or are the third and fourth jumu`ahs impermissible?

The answer bears two rulings. One is that it is impermissible to have the third jumu`ah if there is enough room to have two in two places and this is what has been mentioned in The Uttermost and explicitly stated in The Sufficer[31]and also Commentary on the Uttermost.

The second point to be made is that when it is permissible to have a number of jumu`ahs, there can be no limitation on its’ number according to a need. What this means is that when it is permissible to have a number of jumu`ahs due to a justified reason, then one cannot limit it to two three or four.

This position has been advocated by some of the Shafi`ii scholars and the great scholar, Ghannam an-Najdi[32] followed them in this matter in his Cliff Notes on the Uttermost Boundary  according to what he believed to be correct.

Al-`Allamah an-Najdi stated,

“This understanding is necessary and it is judged that it is not required to pray the Zuhr prayer after the Jumu`ah. This has been mentioned in my notes on The Cliff Notes of Imam Al-Buhuti. So this statement is not far from the statement mentioned by the Imam, Al-Buhuti in the commentary.”

Taken from Al-`Uqud ul-Yaqutiyyatu fi Jayyid il-As’ilat il-Kuwaitiyyah, pp. 159-162

 

[1] d. 1051 AH. He is Mansur ibn Yunus ibn Salah ud-Din ibn Idris al-Buhuti al-Masri. The great marja` of Egypt, he was also a mathematician, barber, cobbler and wrote numerous books on different topics, including fiqh, philosophy, calculus and so forth. Imam Al-Buhuti, along with Imam Al-Karmi, is the foremost latter day sage in theology, fiqh and all temporal and spiritual matters.

[2] Ar. Al-Hashiyah: Irshad Uwl in-Nuha Li-Daqa’iq in-Muntaha.

[3] trans. note: The background to this question is very important and needs to be explained in a little bit of detail. In the Muslim heartlands, from where Islam spread, in the early generations the masjids were of different types. There was the masjid ul-bait (Eng. “house masjid,” this is a room set aside in someone’s home as a masjid, where a man and especially a woman would pray optional prayers and those coming before or after a prayer as these extra prayers were not performed in the masjid), the masjid ratib (Eng. “the weekly masjid,” where one would pray all five daily prayers every day. There is usually one of these in each Muslim neighbourhood) and then finally the masjid jami` (Eng. “the Central Masjid” of a city where the people pray jumu`ah prayer on Friday. The ratib masjids are left and the people pray jumu`ah at the jami` of their area).

The jami` in Kuwait (which at the time was the only one), began to fill up and become crowded, so this marja` asked the marja` of his time, Imam `Abdul Qadir ibn Badran ad-Dumi, whether it would be valid to have another jami` build for the purpose of carrying out another jumu`ah due to overcrowding. In the US, Canada and the UK, this ancient practice of the Sunnah is virtually non-existent and has a knock on effect for the validity of all the jumu`ahs. It is for this reason especially that the translator offers this ruling. The history and evidence of these different types of masjids can be found in the sources being quoted in the main body of the text and referenced in the footnotes.

[4] d. 620 AH. He is Muwaffaq ud-Din Abu Muhammad `Abdullah ibn Ahmad ibn Muhammad ibn Qudamah al-Maqdisi Al-Jamma`ili  an-Nabulsi. A scholar of fiqh, creed, inheritance, mathematics, astronomy and a decorated war hero during the Crusades Rebellion, he is the most authoritative voice in the school after Imam Ahmad ibn Hanbal, may Allah be pleased with him, in the derivation of rulings and such. He is the preferred marja` over Imam Majd ud-Din Ibn Taymiyyah (d. 653 AH).

[5] Al-Muqni` fi Fiqh il-Imam Ahmad ibn Hanbal ash-Shaibani, Maktabat us-Sawad it-Tawzi,`  London (1421 AH),pp. 69-70.

[6] Please see the texts Al-Kafi fi Fiqh il-Imam Ahmad ibn Hanbal, Dar ul-Fikr, Beirut (1412 AH), vol.1, pp. 255-256; Al-Mughni wash-Sharh ul-Kabir `ala Matn il-Muqni`, Dar ul-Fikr, Beirut (1401 AH) vol.2, pp. 181-192.

[7] The Grand Imam is either the senior marja` chosen by a group of maraji` or the khalifah that was appointed or chosen by one or several marja` people.

[8] What is meant by “ignorance” here is that the grand Imam and/or the marja` people have not given permission for more than one jumu`ah to be established in a locale.

[9] This is nearly a direct quotation from Al-Kafi fi Fiqh il-Imam Ahmad ibn Hanbal, vol.1, pp. 255-256.

[10] d. 653 AH. He is Abul Barakat Majd ud-Din `Abdus-Salam ibn `Abdullah ibn Abil Qasim ibn Muhammad ibn Taymiyyah al-Harrani. The second highest voice in the school of Imam Ahmad ibn Hanbal after Imam Muwaffaq ud-Din ibn Qudamah, may Allah be pleased with him, his text Al-Muharrar is one of the foundational summation/commentary works of the latter day and is depended upon.

[11] Ar. Al-Muharrar fil-Fiqh

[12] Al-Muharrar fil-Fiqh, Dar ul-Kitab al-`Arabi, Beirut (1422 AH), vol.1, pp. 142-143.

[13] Ar. At-Tanqih. The author of this work is Imam `Ala’ ud-Din `Ali ibn Sulaiman ibn Ahmad ibn Muhammad al-Maqdisi al-Mardawi as-Sa`di (d. 885 AH). He was and lived in the age of the last of the mujtahidun al-murajjihun. He wrote books on intra-madhhab and exo-madhhab differences as well as foundational principles, theology and more.

[14] Ar. Al-Muntaha. The author of this work is Imam Mar`ii ibn Yusuf ibn Abu Bakr ibn Ahmad ibn Abu Bakr ibn Yusuf ibn Ahmad al-Karmi an-Nabulsi (d. 1033 AH). A marja` and avid writer on matters of theology, he is one of the two greatest voices in the latter days. His work, Al-Muntaha, is the foremost text in fiqh and all moral matters.

[15] 661-728 AH. He is Taqi ud-Din Ahmad ibn `Abdul Halim ibn `Abdus-Salam ibn Taymiyyah. A famous scholar of different disciplines, his father, cousins and grandparents on both sides were maraji` and were known for their piety. Although bearing a righteous standard in most issues, he had some eleven issues that required correction from contemporary and latter day maraji`.

[16] Al-Fatawa al-Masriyyah

[17] d. 972 AH. He is Taqi ud-Din Muhammad ibn Ahmad ibn `Abdul `Aziz ibn `Ali ibn Ibrahim al-Futuhi al-Masri. The famous Egyptian Judge and Marja`, the books of Al-Karmi and Al-Buhuti lean on his seminal work and commentary, Muntaha al-Iradat fi Jami` Ma` at-Tanqihi wa Ziyadat, and subsequent commentaries by the aforementioned cite him frequently. Known to friends as Ibn An-Najjar, many believe him to have been the greatest marja` from Egypt in centuries.

[18] Ar. Al-Mutaqaddimun. These are the scholars spanning the period 241-561 AH.

[19] Ar. Al-Muta’akh-khirun. These are the scholars from the time period 561-the current age. There is sometimes reference made to Al-Mutawassitun (the scholars of the middle age), but this is nothing more than a subset of the latter day scholars.

[20] Al-Hashiyah: Irshad Uwl in-Nuha Li-Daqa’iq in-Muntaha.

[21] Al-Hashiyah: Irshad Uwl in-Nuha Li-Daqa’iq in-Muntaha, Mu’assasat ur-Risalah, Damascus (1421 AH), vol.1, pp. 322-323.

[22] Ar. Al-Usul

[23] trans. note: meaning that if someone had a valid illness, i.e. flu, broken bones, absence from the city/county /town, requiring him to attend would cause hardship. In cases, such as this, someone could be excuse from Jumu`ah attendance.

[24] Ar. Tuhfat ul-Muhtaj

[25] Ar. Al-Minhaj

[26] What the marja` is saying is that even if Imam Ibn Hajar al-Haitami decided to rule that the wording is referring to the one required of Jumu`ah and not and the one whose presence validates the Jumu`ah, his own madhhab would have disagreed with him as the principles that they have do not support such a position. Imam `Abdul Qadir ibn Badran ad-Dumi is quoted this Imam, who is from another madhhab, as further evidence of the veracity of the ruling of Imam Mansur Al-Buhuti and agreement with it by other scholars. One can also find a similar ruling in another Shafi`ii text entitled At-Taqrirat us-Sadidah: Qism ul-`Ibadat, pp.324-325 by Imam Hasan ibn Ahmad ibn Muhammad Al-Kaaf.  I would like to thank brother Mahdi Lock at http://mahdinnm.blogspot.co.uk/ for his assistance in presenting this passage from the Shafi`ii fiqh.

[27] d. 739 AH. He is `Abdul Mu’min ibn `Abdul Haqq ibn `Abdullah ibn Mas`ud Al-Qati`ii al-Baghdadi. Born in Baghdad to righteous parents, he studied hadith, comparative fiqh, usul ul-fiqh and numerous other sciences. The Imam wrote numerous works, such as Tahrir ul-Muqarrar fi Sharh il-Muharrar, the most authoritative text on the Muharrar by Imam Majd ud-Din Ibn Taymiyyah (d. 653 AH). He is one of the great teachers of Imam Ibn Rajab al-Hanbali and a senior marja` of the latter day scholars.

[28] The Imam is referring to the end times in which the Muslims have to stay together and protect their ranks; one of the ways this can be done is by praying in congregation – which is compulsory for men – and also going to the gatherings to pious people. It is this point that the Imam is making.

[29] d. 1243 AH. He is Mustafa ibn Sa`d ibn `Abduh as-Suyuti ar-Ruhaibani. The marja` of his time and a direct student of the Shaikh of our Shaikhs, Hasan ash-Shatti (d. 1274 AH), he became famous for his deep erudition and love of learning. If one looks at his commentary on the notes of Imam Al-Karmi’s Ghayat ul-Muntaha, his greatness can be realised.

[30] Matalib Uwl an-Nuha fi Sharhi Ghayat il-Muntaha, Dar ul-Kitab il-`Ilmiyyah, Beirut (1430 AH), vol.2, pp. 52-53.

[31] Ar. Al-Iqna`.

[32] d. 1240 AH. He is Ghannam ibn Muhammad ibn Ghannam Az-Zubairi an-Najdi ad-Dimashqi. Born in Najd in Arabia but raised in Az-Zubair in Iraq, his main teacher was the great Imam, Marja` of his time, Muhammad ibn Fairuz al-Hanbali. After his learning and attending this teacher’s company for a number of years, he was declared marja` and began writing and giving rulings. He also opposed the wickedness of the movement of Muhammad ibn `Abdul Wahhab, just like all of his teachers that had antedated him.

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Full or Partial Adoption

A question was put to the marja`:

What is the ruling on full adoption, which is adopting a child and giving him or her the last name of the parents and attributing the child to their lineage?

 

The marja`, Imam Muhammad Sa`id Ramadan Al-Bouti (d. 1434 AH), may Allah be pleased with him, gave the following reply:

Full adoption, i.e. adopting a child and giving him or her the last name of the parents and attributing the child to their lineage is from the ways of the Age of Ignorance which the Revealed Law came to eliminate with a clear, explicit and decisive text in the Book of Allah, Mighty and Majestic,

He has not made your adopted sons to be as your own sons. This is only a word that comes out of your mouths. But Allah speaks the truth and He shows the Right Way. Call these children by their fathers’ names: that is more just in the Sight of Allah.

But if you do not know the names of their fathers, then call them your brothers in faith or your freed or cliented ones. There is no blame upon you if you make a mistake in that regard. What is accounted is the intention in your hearts and Allah is Forgiving, Compassionate.[1]

The wisdom in Allah nullifying this practice from the Age of Ignorance with this clear and decisive text is that full adoption is a form of oppression due to the inheritance being impacted and that this incites the hearts of people towards tribulations.

This in turn also leads to the means of perversions and the corruption of the creation. The child that is fully adopted mixes with the adopted family with the claim that he is one of their own children and both sides – the adoptee and the adopted – fall into slippery affairs.

These affairs are such that there is often no protector of the actual lineage against sexual desires although Allah, the Exalted, has already put into place safeguards. Allah! There are only a few cases that are free from such enormities and where people have controlled themselves.[2]

Indeed in the case of partial adoption, such a matter is permitted. There is no prohibition in one of us accepting a child that was abandoned or that we found or a child that came out of poverty or being an orphan, then we raised the child and spent on it without claiming that child as from our own lineage.

If someone should undertake this type of adoption, then this is a righteous deed and something laudable and deserving of reward.[3]

 

[1] Surat ul-Ahzab (33), ayat 4-5

[2] Translator’s note: The Imam here is referring to the case where parents fall in love with children or vice versa. As the parents have already claimed them as their actual children (even though they are not), this simulates incest. This form of adoption also leads to inheritance being claimed by adopted children when they have no right to it. This one action then goes on to incite enmity between the actual children and their family and the assumed family, with intrigues and false paperwork often brought about based on the one simple lie from the start.

[3] Ma` An-Nas: Mashurat wa Fatawa, vol.1, pp. 87-88

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Marriage Online or Over the Telephone

The following question was put to a marja`:

What is the ruling on conducting a marriage when the matter and ceremony take place over the internet or by way of telephone?

 

The answer from the marja`, Imam Wahbah Az-Zuhayli, may Allah preserve him, is as follows:

A marriage conducted by these means is not valid due to the unsecure nature of the obtaining of witnesses, that all have answered, agreed and accepted the terms of the marriage. Based on this, it is not valid.[1]

 

[1] Fatawa Ma`asirah, pp. 227-228, Dar ul-Fikr, Damascus, 1424 AH

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Announcement: The Death of Imam Yasin At-Turki Al-Heeti

The late Iraqi Marja`

The Muslim World was recently greatly bereaved by the loss of one of the grand marja’ people of Iraq, namely, Imam Yasin ibn Turki ibn Jasim At-Turki Al-Heeti Al-Hanbali.

The statement from Imam `Abdul Malik As-Sa`di, a close personal friend of the Imam, read as follows,

1 Shawwal 1435

Statement on the Death of the Learned Scholar, the Shaikh Yasin At-Turki Al-Hanbali, may Allah have mercy upon him:

Praise be to Allah, the One who there is no praise due to anyone besides Him. Peace and blessings be upon our Master, the one who was chosen by Him, his family and his Companions and anyone who follows him.

As for what comes next,

Allah the Exalted has said,

Among men are those who were truthful in the covenant that they made to Allah. Among them are those who fulfilled their vows.

Among them are those who are awaiting their appointed time. (Surat ul-Ahzab (33), ayah 23).

The people of Heet have lost one of the treasures, one of the treasures of knowledge and the best of its’ scholars, none other than Shaikh Yasin Turki Jasim who was of sound and incisive knowledge and gentle in delivery and dissemination of it.

He spent his life in the service of knowledge and its’ seekers and utilised the varied means of calling to Allah the Exalted, such as by way of speeches, preaching and lectures and he carried on in this way until he breathed his last.

He was one of the heads of the Scholars Guild of Anbar Province as well as a teacher of the Revealed Law Sciences and Arabic Language in the seminaries of `Imarah.

He was the preacher and teacher of the `Uthman ibn `Affan Central Masjid in Heet until his final days. May Allah show him good for his deeds, shower him with His Mercy and give him a spacious home in His Gardens.

Likewise, we ask Allah that He Recompense the Muslims that took from His Guidance and that He also give the family and loved ones of the Shaikh patience in this difficult hour. Indeed Allah is the All Hearing, the One who Answers Supplications.

Here is a clip from his funeral.

Funeral of the Iraqi Marja` Imam Yasin Al-Hanbali

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Women and Children in the Masjid and Prayers

The following questions were asked of a marja`:

What is the ruling in the Revealed Law regarding women entering the masjid in order to take part in lessons on knowledge of the faith or even to just perform the compulsory prayers or optional ones besides?

Secondly, what is the ruling in the Revealed Law regarding children younger than seven years of age entering the masjid along with the fact that they can be disruptive during the prayer in the masjid and also enter the rows of adults and disturb them?

Thirdly, does this happening take away the reward of the prayer in congregation? Does this action affect the validity of the prayer of any individual in the row or does it depend on whether or not the child is a male or female?

 

The answer given by the marja`, Imam `Abdur-Rahman Ash-Shami, may Allah preserve him, is as follows below:

Women’s entering the masjid in order to be present in gatherings of knowledge of the faith or to perform prayers is permissible as long as they are safe from intermingling with the men and no one causes a spectacle at that time.

As for children entering the masjid, the Hanbali scholars have ruled ruled, “It is Sunnah that the Masjid should be kept clear from any children entering it that have not reached seven years of age.”[1]

So in the case where a child is less than seven years of age and does not know the etiquettes of the masjid, there is no harm in him entering therein while being accompanied by a close relative and he sits the child next to him. The optimum position is that a row of children should be formed behind the men.

If children should come into the rows of the adults, the level of reward for the prayer in congregation is not lost, nor does it lessen. Further to this, a child entering the rows of adults has no effect on the validity of the prayer of any individual in the row, whether the child is a male or female.

Taken from the website of the maraji`

 

[1] Please see Imam Musa ibn Ahmad Al-Hajjawi’s (d. 968 AH), may Allah be pleased with him, comprehensive work, Al-Iqna` Li-Talib il-Intifa`, vol.1, pp. 68-69 (Riyadh, 1408 AH) where the quote appears.

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