The Fiqh and Wisdom of observing ʻIddah

By Mufti ʻAbd al-Qādir Ḥusayn

In the dictionary the word Iddah means counting in terms of quantity. But for all intents and purposes Iddah in the context of when a husband has divorced his wife or when a husband has passed on – according to the jurists and fuqaha – will mean the lady has to observe Iddah. The waiting period until the counting period ends.

The Iddah for a divorced lady:

Whenever clarity on any issue is sought, the first point of reference is the Noble Quran. All Mighty Allah SWT states: the ladies who have been divorced will wait with themselves for three qurooh. Because the Arabic language is so unique and rich, certain words have two opposite meanings. In the Hanafi and Hanbali madhabs, when the husband divorces his wife by giving one or two or three talaqs, the Iddah will be the duration of three menses. So the ideal situation will be for the husband to divorce his wife in the period of cleanliness and in that period he has not fulfilled the conjugal rights with his wife, he issues the talaq either verbally or in writing. After the third menses ends, the Iddah has concluded. However another meaning of qurooh is tuhur which means cleanliness theretofore according to the Maliki and Shafi madhabs three periods of cleanliness have to pass. That is if a husband gave his wife talaq during her period of cleanliness, her Iddah begins, counting that period as the first period of cleanliness. Once the third period of cleanliness ends, the Iddah has concluded. The reason for differences of opinion in verdict between the different schools of thought is because Arabic words have different meanings and to understand this text and context need to be looked at. Another interesting issue connected to this: a husband has married his wife but he has not gone into Khalwah (privacy) with her and they have not consummated their marriage, and just after the nikah they have a heated argument in the presence of some people and the husband issues talaq. All Mighty Allah has addressed this issue also, “O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no iddah (divorce prescribed period) have you to count in respect of them. So give them a present, and set them free (i.e. divorce), in a handsome manner.” (Al-Ahzab-49) Immediately after the divorce the woman is able to marry another man. It is important to note that even if the marriage was not consummate but the married couple were alone, in privacy together, and then Iddah becomes necessary.

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Moderation of the ‘Ulamā’ of Deoband

By Dr. ‘Allāmah Khālid Maḥmūd
Translated by Prof. Murtaz Ḥusayn F. Qurayshī

In the understanding and explaining of religion the ‘Ulamā’ of Deoband are neither convinced of that method which may be altogether severed from the past because it is not a continuous relation – it is a new path, nor are they convinced of this extreme that under the force of custom and convention and conformance to the ancestors every heretic innovation may be introduced into Islām. Actions denied of continuity and continuity that may not reach uninterruptedly up to the “best of decades” cannot be the actions of Islām. However, these gentlemen are fully convinced of and committed to that conformance that has continued in the name of Islāmic fiqh (jurisprudence) emanating from the head-spring of the Qur’ān and the Ḥadīth. The Qur’ān decries conformance to the ancestors simply for the reason that those ancestors might be devoid of the light of intelligence and guidance: “What, Even though their fathers were wholly unintelligent and had no guidance” (Qur’ān, 2:170). Conformance to the Imāms of the past and the Fuqahā’ (jurisprudents) of Islām who were enlightened with the light of knowledge and guidance is not only not blameable but is also the real thing to be desired, and we have been taught that we pray to the Lord of Honour in each prayer to make us walk on the path of not only the prophets but also the truthful ones, the martyrs and the righteous because this alone is the straight path.

اهْدِنَا الصِّرَاطَ الْمُسْتَقِيمَ صِرَاطَ الَّذِينَ أَنْعَمْتَ عَلَيْهِمْ

Show as the straight path, the path of those whom You have bestowed favour. (Qur’ān, 1:5-6)

Due to this moderate tack the ‘Ulamā’ of Deoband remained safe from religious unrestrainedness and self-opinion and the darknesses of polytheism and innovation too could not draw them into their net. By their actions and thoughts the continuity of Islām was maintained as well as no discontinuous view and action could enter Islām in the name of religion. These respectable men went an kindling the lamps of Islām by the continuity of knowledge and action, and, looking at the history of Deoband, we can assert that Islām is really a live religion which is continuous from their time up to the felicitous period of the noble Companions (Allāh be pleased with them all).

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Taqqīyah according to the Ahl al-Sunnah wa ‘l-Jamā‘ah

By Mawlana Hisham Dawood

Taqiyyah According to Ahl Al Sunnah Wa Al Jamā‘ah[1]

Linguistic Meaning of Taqiyyah

Taqiyyah is the act of protecting one’s self from danger.[2]

Technical Meaning of Taqiyyah

To protect one’s self by displaying an action[3],[4] or speech contrary to one’s belief.[5]

Legality of Taqiyyah[6]

Taqiyyah in normal circumstances is impermissible according to the majority of ‘Ulamā’. It is only permissible in times of dire need. Al Imām Al Qurtubī said, “Taqiyyah is not permissible except if one fears death, or being cut up (into pieces), or great harm.”[7] Allāh Ta‘ālā says,

لَا يَتَّخِذِ الْمُؤْمِنُونَ الْكَافِرِينَ أَوْلِيَاءَ مِنْ دُونِ الْمُؤْمِنِينَ وَمَنْ يَفْعَلْ ذَلِكَ فَلَيْسَ مِنَ اللَّهِ فِي شَيْءٍ إِلَّا أَنْ تَتَّقُوا مِنْهُمْ تُقَاةً (آل عمران:٢٨)

The believers should not take disbelievers as confidants in place of other believers. And whosoever does that he has no relation with Allāh except if you do so as a protective measure…(Āl ‘Imrān:28) 

This verse is proof for the permissibility of taqiyyah.

When the polytheists of Makkah tortured ‘Ammaār bin Yāsir Radiallāhu ‘Anhu and forced him to utter words of disbelief, Allāh Ta‘ālā revealed the following verse[8]:

مَنْ كَفَرَ بِاللَّهِ مِنْ بَعْدِ إِيمَانِهِ إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالْإِيمَانِ وَلَكِنْ مَنْ شَرَحَ بِالْكُفْرِ صَدْرًا فَعَلَيْهِمْ غَضَبٌ مِنَ اللَّهِ وَلَهُمْ عَذَابٌ عَظِيمٌ (النحل:١٠٦)

Whoever disbelieves in Allāh after having faith-not the one who is compelled under duress whilst his heart remains content with belief but the one who is at ease with disbelief- upon them is the wrath of Allāh and for them is a great torment. (Al Naĥl: 106)

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Maslak of the ‘Ulamā’ of Deoband concerning the Ṣaḥābah

By Mawlana Qārī Muḥammad Ṭayyab al-Qāsimī
Translated by Muftī Afḍal Ḥusayn Ilyās
Translation edited by ‘Abd Allāh al-Afrīqī

After Nabī (ṣalla Allāhu ‘alay-hi wa-sallam) the most sanctified group in this Ummah are those who were taught and nurtured by him. Those who achieved success through his presence, who in the Sharī‘ah are known as the Ṣaḥābah (raḍiya -llāhu ‘anhum). If there is any group (of this Ummah) that Allāh and Nabī (ṣalla Allāhu ‘alay-hi wa-sallam) had sanctified, then it would only be the group of Ṣaḥābah (raḍiya -llāhu ‘anhum). Besides them there is no other group that has been sanctified. This entire group was hailed as guided and guides, pleased (with Allāh and His Nabī) and with whom Allāh is pleased, attained cleansed hearts, purified souls, always obedient, virtuous, truthful and promised with Jannah. Their acceptance and fame is not restricted to any specific era or time. Their mention was made in the previous Divine Scriptures as well, and this is mentioned in the Qur’ān. So, their reputation and recognition will remain until the Day of Qiyāmah. They will be made mention of on the tongues, in the hearts, every time Qur’ān is recited, during the five daily ṣalāh, in lectures and discourses, in the Masājid, in places of worship, in Madāris, khānqāhs, in isolation, in groups – in short, wherever the Qur’ān is recited, the name and praises of the Ṣaḥābah (raḍiya -llāhu ‘anhum) will be echoed and sounded. In so far as being praised and sanctified, they are without any equal in this Ummah. After the Anbiyā’ (‘alayhi -s-salām) the Ṣaḥābah (raḍiya -llāhu ‘anhum) are the most sanctified group amongst mankind. However, the ‘Ulamā’ of Deoband have not let moderation with respect to the Ṣaḥābah (raḍiya -llāhu ‘anhum) slip from their hands. Exaggeration and excesses do not have a play in the belief of the Maslak of the ‘Ulamā’ of Deoband with regard to the Ṣaḥābah (raḍiya -llāhu ‘anhum).

They do not place the Ṣaḥābah (raḍiya -llāhu ‘anhum) upon the pedestal of differentiation and distinction where they claim love for one and, Allah forbid!, hatred for another. Where the tongue is moist in the praises of one Ṣaḥābī and, Allah forbid!, curses for another. Neither are all of them sworn at and reviled or some placed on a higher stage than the Anbiyā’ (‘alayhi -s-salām). None of them are regarded as being sinless, where they are granted the status of being Divine incarnates.

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The Fiqh of ‘Aqīqah: Rulings when a child is born

By Mufti ʻAbd al-Qādir Ḥusayn

The rules regarding Aqeeqa according to the four schools of Fiqh

What is the meaning of Aqeeqa

A distinction needs to be drawn between the literal meaning and the technical meaning of the term used by the jurists and the scholars of Islam. In the literal meaning of Aqeeqa according to the Lexicon Dictionary, we find that the letters in Aq – ‘A and ‘Q – means to cut. Nabi Muhammad SAW said not regarding the minor sins or the major sins but the worst and most heinous crimes, Uqooqul Waalidayn –which is the cutting of ties with ones parents, showing disobedience and disrespect to parents. This is considered a major crime, one of the worst crimes a person can commit. Therefore the literal meaning of Aq is to cut. When we discuss the word Aqeeqa technically it means the slaughtering of animals. When a baby is born, it is a joyous occasion, but we do not forget to thank All Mighty Allah SWT and thus slaughter a goat or a sheep. It serves as a thanksgiving to All Mighty Allah SWT and as a mark of this joyous occasion – the birth of a child.

When should the Aqeeqa be carried out?

Aqeeqa should be carried out on the seventh day bearing in mind how one calculates the seventh day. If a baby was born during the day on a Thursday for example, the seventh day would be the next Wednesday. If a baby was born on the night of Friday for example, then the seventh day is calculated as the next Thursday and for clarity’s sake if a baby was born on Monday then the seventh day is calculated as the next Sunday. One must take cognisance of the fact that in Islam the night precedes the day. Sunset serves as the ushering in of a new day. When we speak about the slaughtering of animals it is important to take note that some animals must be slaughtered in a particular place and particular time. An example, people performing Hajj who have to slaughter the hadi, referred to as such because one has to guide the animal to a particular place. When one performs tamattu or kiraan Hajj the animal has to be slaughtered in Makkah or Mina, in the Haram area. In this case the place and the time are specified, that is one has to slaughter on the 10th, 11th, 12th of Zul Hijjah. For the slaughter of some animals, only the time has been specified. Udhiya – Qurbani has to be slaughtered on the 10th, 11th, 12th of Zul Hijjah – the Shafi madhab includes the 13th – but can be done anywhere in the world. This particular slaughtering is referred to as Udhiya because slaughtering usually takes place at Duha, at around 10am or 11am when the sun is at its zenith. There is also the case where one can slaughter an animal any time during the year but it must be done in a particular place. dham, the penalty paid for a crime one commits while in the state of Ihraam can be slaughtered at any time of the year but must be slaughtered in the precincts of the Haram. Aqeeqa can be slaughtered anywhere and at any time. It is Sunnah that it is done on the seventh day. If it cannot be done on the seventh day for financial reasons for example, then it can be done later. Continue reading

al-Barelwī on the differences amongst Ṣaḥābah

By Mawlānā Aḥmad Razā Khān Barelwī

Note: This is to understand how serious Ulama before us have treated the position of the Sahaabah ever thoughtful of their role in the spread of the message of Islam.

Just to indicate the diversity of the status of Sayyiduna Muawiya among the Ahl al-Sunnah, here’s an extract of the view of Shaykh Ahmad Ridha Khan whom some thought would be courteous to Sayyiduna Ali and harsh to Sayyiduna Muawiyah. So the read the extract and see the common strength shown against those who deny his place among the noble Sahabah.

It is recorded in Ahkaami Sharee’ah that in the month of Jamadil Ulaa, 1337 the following question was put foward to Mawlana Ahmed Raza Khan.

Question

It must be brought to the notice of Ulama-e-Ahle Sunnat that today Sunnis sit in the companionship of corrupt sects and have become misled in faith due to a few laws. Even though there are numerous laws explained in your books, this servant has not seen anything relating to this that is why I felt it necessary to query this issue.

The issue is that there is a person who refers to Hazrat Ameer Muawiyah as a miserly person. He says that Ameer Muawaiyah fought with Hazrat Ali and the family of the Holy Prophet (Hazrat Imam Hassan ) and stole the khilaafat from them and he martyred thousands of Sahaba-e-Kiraam to achieve this.

Bakr says that he is aware of Ameer Muawiyah wrongs and he cannot be called an Ameer.

Amar on the other hand says that Hazrat Ameer Muawiyah is from amongst the senior Sahaba-e-Kiraam and the slightest disrespect to him is to be misled.

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Fiqh of the Masjid

By Mufti ʻAbd al-Qādir Ḥusayn

https://i0.wp.com/www.sahih-bukhari.com/image/mosque_monde/Zambia_Mosque_in_Chipata.jpgWhat is the meaning of Masjid?
When we read and study the Noble Quraan we find that All Mighty Allah uses the word Masjid, Masaajid in various places. One that is very important for our discussion is Surah Jinn (72), Verse 18.

وَأَنَّ الْمَسَاجِدَ لِلَّهِ فَلَا تَدْعُوا مَعَ اللَّهِ أَحَدًا

And [He revealed] that the masjids are for Allah , so do not invoke with Allah anyone. (Qur’anm 72:18)

Masjid singular and Masaajid – the plural and wherever a Masjid is built, the land, the structure, the ground floor, the upper floors, right through till the Arsh (Throne) – all belongs only to Allah SWT. It cannot belong to any person, family or organisation. They can manage it and oversee it but the ownership of it is Waqf and it is to All Mighty Allah. Masjid, All Mighty Allah loves sajdah so much and All Mighty Allah sent Nabi Muhammad SAW to teach us. An authentic hadith in Sahih Muslim, Nabi Muhammad SAW said:

…. “The nearest the servant comes to All Mighty Allah is while that servant is in sajdah, so Masjid is the place of performing Sajdah. We stand there, we go into ruku, we bow down, we sit, but Masjid, because we make Sujood there, we prostrate there, prostrating / Sujood is so beloved to All Mighty Allah, the entire area is called Masjid.

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Shaykh al-Islām Ibn Taymiyyah on gatherings of dhikr, and other practices associated with Sufism

By Shaykh Abu Humayd
Edited by ‘Abd Allah al-Afriqi

Editor’s note: We have posted in the past regarding the views of Shaykh al-Islam Ibn Taymiyyah (Allah have mercy on him) (تقي الدين أبو العباس أحمد بن عبد الحليم بن عبد السلام بن عبد الله ابن تيمية الحراني‎) from his works which clearly and unequivocally prove beyond doubt that he was from amongst the grand scholars of the Ahl ‘l-Sunnah and that which his followers claim of him is often untrue and exaggarated. In this work, the noble brother has compiled from Shaykh al-Islam’s Majmu’ ‘l-Fatawa his various views and stance on various practices which today are solely associated with Sufism and the people of Tasawwuf. We hope that this compilation clears all wrong notions and understanding and is a means in bridging the gaping holes amongst the Ummah. Insha’ Allah.

Ibn Taymiyyah and Ijtima’i Gathering etc.

مجموع فتاوى ابن تيمية » الفقه » الصلاة » باب الذكر بعد الصلاة » مسألة الاجتماع على القراءة والذكر والدعاء

http://www.islamweb.net/newlibrary/display_book.php?idfrom=2733&idto=2734&bk_no=22&ID=1727

Shaykh Ibn Taymiyyah was asked:

وسئل عن رجل ينكر على أهل الذكر يقول لهم : هذا الذكر بدعة وجهركم في الذكر بدعة وهم يفتتحون بالقرآن ويختتمون ثم يدعون للمسلمين الأحياء والأموات ويجمعون التسبيح والتحميد والتهليل والتكبير والحوقلة ويصلون على النبي صلى الله عليه وسلم والمنكر يعمل السماع مرات بالتصفيق ويبطل الذكر في وقت عمل السماع “

“He was asked regarding a man that rejects the people of Dhikr, who says: This Dhikr is Bid’ah, and raising your voice is Bid’ah, and their starting reciting of the Qur’an and finishing thereafter making Du’a for the Muslim for the living and the dead, and would collectively recite the Tasbeeh, Tahmeed, Tahleel, Takbeer and Hawqalah, and then sending blessing upon Nabi (Sallallahu ‘Alayhi WaSallam) – the person who rejects he would listen, they would slap their back wrist repeatedly to disturb them.”

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‘Allāmah Abū ‘l-Ḥasan ‘Alī al-Nadwī’s visit to Thanabhawan and meeting Ḥakīm al-Ummah

Translated by Dr76

https://ahlalbidah.files.wordpress.com/2014/01/01689-31082008265.jpgAt last the day approached when I had the nobility to present myself at Thanabhawan, the tales of which were narrated by several visitors since past many years…
Now I had the opportunity to behold it myself… it is said that a flower reveals its true shape resting on the twig or in the garden…

Apparently it was 1942 and the month of May or June.. I remember the intense hot weather and the blowing heatwave.. I was travelling along with Maulana Ilyas sahab on the narrow gauge Railway line.. which ran from Shahdara to Saharanpur..

Along the way lied all those places and hamlets… which were historically attached to the Mashaikh of Deoband.. for eg, Kandhla.. Thana Bhawan..Nanota..Rampur Maniharan..
I do not quite recollect whether it was preplanned or the thought evolved during the course of journey that a trip to Thana bhawan should also be made. The schedule was such that after resting in Kandhla along with Maulana ilyas sahab (rah), which was his native, I had to reach Rampur maniharan. Thana Bhawan lied in between Kandhla and Rampur.

I took permission from Maulana Ilyas sahab (rah) that I shall be leaving a day advance from Kandhla… and after spending 24 hours at Thana Bhawan, board the same train on which Maulana would leave for Rampur.
Maulana himself was amongst the votaries of Thana Bhawan and considered Maulana Thanwi (rah) to be from the rows of his Mashaikh… he was very pleased to hear that and permitted me with great vivacity and happiness..

Some known person from Thana bhawan was on his way back and I intended to hand him the letter informing of my arrival. That he could present there himself. He replied saying it was against etiquettes.I then requested him to drop it in the post box to which he agreed.

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Shaykh Pīr Faḍl ‘Alī Qurayshī’s visit to Dār al-‘Ulūm Deoband

By Shaykh Khawājah ‘Abd al-Mālik iddīqī
Translated by Dr76

Visit to Deoband –

Once I accompanied him on a visit to Deoband. There were some Punjabi students who taking into account hazrat’s libas, formed misgivings and ill thoughts against him.. so under their very misgivings they requested him for a talk after zuhr or asr that he may givem them useful advices..
somehow it was known from the local folks that these misgivings were on hazrat’s Ilm..

Hazrat had already walked out into the veranda from the masjid room.. he commenced the lecture.. and spoke on the necessity of Tasfiya Qalb and Tazkiya Nafs..with proof from Qur’an and Hadees.. it was such an overwhelming talk.. that those who bore misgivings could never establish what they ascribed.

The result of the speech was such that many students and elders accepted bayat and the creation of Allah attended in large numbers to gain the faiz.

On the second day hazrat expressed his desire to spend zuhr and qaylulah at the masjid of Darul uloom. The moment he reached there ..without wasting anytime retired to sleep. When students rushed at him with cushions he had already laid down.

The zuhr salah was led by Qari muhammed Tayyab sahab . He wore a cap. After the prayers hazrat qiblah pointed to Qari sahab about the neglect of an afdhal Sunnah.. immediately qari sahab made a gesture and an Amamah was ordered to be kept on the prayer mat henceforth.. so now at every salah whoever would lead had to wear it on .

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