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Details of Fatwa Title of Fatwa Shaking Hands with Women: An Islamic Perspective Date of Reply 24/Jul/2003 Topic Of Fatwa Relationship between sexes, Mixing Country Applied United Kingdom Question of Fatwa Dear scholars, As-Salamu `alaykum. I have a problem that undoubtedly many others face. It is shaking hands with women, especially relatives who are not mahram to me, such as my cousins, wives of uncles, or sisters-in-law. Many pious Muslims face this problem, particularly on certain occasions such as coming back from travel, recovering from an illness, returning from Hajj or `Umrah, or similar occasions when relatives, in- laws, neighbors, and colleagues usually visit, congratulate each other and shake hands with each other. What I am asking is, is it proven in the Glorious Qur’an or the Sunnah that shaking hands with women is totally prohibited within the social and family relations when there is trust and no fear of temptation? I would appreciate if you would answer my question in the light of the Qur’an and the Sunnah. Wajazakum Allah Khairan. Name of Mufti Yusuf Al-Qaradawi Content of Reply Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh. In the Name of Allah, Most Gracious, Most Merciful. All praise and thanks are due to Allah, and peace and blessings be upon His Messenger. Dear brother in Islam, first of all, we'd like to voice our appreciation for the great confidence you have in us. We hope that our efforts meet your expectation. May Allah help us all keep firm on the Straight Path, Amen! In his response to the question, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states: There is no doubt that shaking hands between males and females who are not mahrams (illegal for marriage) has become an intricate issue. Reaching an Islamic verdict on this issue away from extremism and dispensation needs a psychological, intellectual, and scientific effort

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Page 1: Details of Fatwa · Web viewDetails of Fatwa Title of Fatwa Shaking Hands with Women: An Islamic Perspective Date of Reply 24/Jul/2003 Topic Of Fatwa Relationship between sexes, Mixing

Details of FatwaTitle of Fatwa Shaking Hands with Women: An Islamic PerspectiveDate of Reply 24/Jul/2003Topic Of Fatwa Relationship between sexes, MixingCountry Applied United KingdomQuestion of Fatwa Dear scholars, As-Salamu `alaykum. I have a problem that

undoubtedly many others face. It is shaking hands with women, especially relatives who are not mahram to me, such as my cousins, wives of uncles, or sisters-in-law. Many pious Muslims face this problem, particularly on certain occasions such as coming back from travel, recovering from an illness, returning from Hajj or `Umrah, or similar occasions when relatives, in-laws, neighbors, and colleagues usually visit, congratulate each other and shake hands with each other.

What I am asking is, is it proven in the Glorious Qur’an or the Sunnah that shaking hands with women is totally prohibited within the social and family relations when there is trust and no fear of temptation? I would appreciate if you would answer my question in the light of the Qur’an and the Sunnah. Wajazakum Allah Khairan.

Name of Mufti Yusuf Al-QaradawiContent of Reply

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, first of all, we'd like to voice our appreciation for the great confidence you have in us. We hope that our efforts meet your expectation. May Allah help us all keep firm on the Straight Path, Amen!

In his response to the question, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

There is no doubt that shaking hands between males and females who are not mahrams (illegal for marriage) has become an intricate issue. Reaching an Islamic verdict on this issue away from extremism and dispensation needs a psychological, intellectual, and scientific effort so that the Mufti gets rid of the pressure of all imported and inherited customs unless they are based on the textual proofs of the Qur’an or the Sunnah.

Before tackling the issue in point, I would like to exclude two points on which I know there is agreement among the Muslim jurists of the righteous predecessors.

Firstly, it is prohibited to shake hands with a woman if there is fear of provoking sexual desire or enjoyment on the part of either one of them or if there is fear of temptation. This is based on the general rule that blocking the means to evil is obligatory, especially if its signs are clear. This ruling is ascertained in the light of what has been mentioned by Muslim jurists that a man touching one of his mahrams

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or having khalwah (privacy) with her moves to the prohibited, although it is originally permissible, if there is fear of fitnah (temptation) or provocation of desire.

Secondly, there is a dispensation in shaking hands with old women concerning whom there is no fear of desire. The same applies to the young girl concerning whom there is no fear of desire or temptation. The same ruling applies if the person is an old man concerning whom there is no fear of desire. This is based on what has been narrated on the authority of Abu Bakr As-Siddiq (may Allah be pleased with him) that he used to shake hands with old women. Also, it is reported that `Abdullah ibn Az-Zubair hired an old woman to nurse him when he was sick, and she used to wink at him and pick lice from his head. This is also based on what has been mentioned in the Glorious Qur’an in respect of the old barren women, as they are given dispensation with regard to their outer garments. Almighty Allah says in this regard: “As for women past child bearing, who have no hope of marriage, it is no sin for them if they discard their (outer) clothing in such a way as not to show adornment. But to refrain is better for them. Allah is Hearer, Knower.” (An-Nur: 60)

Allah explains that there is no sin on the old barren women if they decide to remove their outer garments from their faces and such, so long as they do not do it in a manner in which they would be exposing their beauty wrongly.

Here the object of discussion deals with other than these two cases. There is no surprise that shaking hands with women is haram (unlawful) according to the viewpoint of those who hold that covering all of the woman’s body, including her face and the two hands, is obligatory. This is because if it becomes obligatory to cover the two hands, then it would become haram for the opposite sex to look at them. And, if looking at them is unlawful, then touching them would become haram with greater reason because touching is graver than looking, as it provokes desire more.

But it is known that the proponents of this view are the minority, while the majority of Muslim jurists, including the Companions, the Successors and those who followed them, are of the opinion that the face and the hands are excluded from the prohibition. They based their opinion on Almighty Allah’s saying, “And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent …” (An-Nur: 31) So where is the evidence on prohibiting handshaking unless there is desire?

In fact, I searched for a persuasive and textual proof supporting the prohibition but I did not find it. As a matter of fact, the most powerful evidence here is blocking the means to temptation, and this is no doubt acceptable when the desire is roused or there is fear of temptation because its signs exist. But when there is no fear of temptation or desire, what is the reason for prohibition?

Some scholars based their ruling on the action of the Prophet (peace and blessings be upon him) on the day of the Conquest of Makkah. When he wanted to take the pledge of women he said to them, “Go, for you have given your oath of allegiance.” But it is known that the Prophet’s leaving a matter does not necessarily indicate its prohibition, as he may leave it because it is haram (forbidden), makruh (reprehensible), or because it is not preferable. He may also leave it just because he is not inclined to it. An example of this last is the Prophet’s refraining from eating the

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meat of the lizard although it is permissible. Then, the Prophet’s refraining from shaking hands with women (other than his wives) is not evidence of the prohibition, and there should be other evidence to support the opinion of those who make shaking hands absolutely prohibited.

However, it is not agreed upon that the Prophet (peace and blessings be upon him) refrained from shaking hands with women to take their oath of allegiance. Umm `Atiyyah Al-Ansariyyah (may Allah be pleased with her) reported another narrative that indicates that the Prophet shook hands with women to take their oath of allegiance. This is unlike the narration of the Mother of the Believers `A’ishah (may Allah be pleased with her) who denied this and swore that it had not happened.

It is narrated that `A’ishah, the wife of the Prophet (peace and blessings be upon him), said, “When the believing women migrated to the Messenger of Allah (peace and blessings of Allah be upon him), they would be tested in accordance with the words of Allah, ‘O Prophet! If believing women come unto thee, taking oath of allegiance unto thee that they will ascribe nothing as partner unto Allah, and will neither steal nor commit adultery nor kill their children, nor produce any lie that they have devised between their hands and feet, nor disobey thee in what is right, then accept their allegiance and ask Allah to forgive them. Lo! Allah is Forgiving, Merciful.’ (Al-Mumtahanah: 12)” `A’ishah said, “Whoever among the believing women agreed to that passed the test, and when the women agreed to that, the Messenger of Allah (peace and blessings be upon him) said to them, ‘Go, for you have given your oath of allegiance.’ No, by Allah, the hand of the Messenger of Allah (peace and blessings be upon him) never touched the hand of any woman, rather they would give their oath of allegiance with words only.” And `A’ishah said, “By Allah, the Messenger of Allah (peace and blessings be upon him) only took the oath of allegiance from the women in the manner prescribed by Allah, and the hand of the Messenger of Allah (peace and blessings be upon him) never touched the hand of any woman. When he had taken their oath of allegiance he would say, ‘I have accepted your oath of allegiance verbally.’” (Reported by Al-Bukhari)

In his explanation of the saying of `A’ishah, “No, by Allah, the hand of the Messenger of Allah (peace and blessings be upon him) never touched the hand of any woman …” Al-Hafizh Ibn Hajar said: she swore to ascertain the news as if she (`A’ishah) wanted to refute the narration of Umm `Atiyyah. It is narrated on the authority of Ibn Hibban, Al-Bazzar, Al-Tabari, and Ibn Mardawih that Umm `Atiyyah said in respect of the story of taking the oath of allegiance of women, “The Messenger of Allah (peace and blessings be upon him) held out his hand from outside the house and we (the immigrating women) held our hands from within the house, then he said, ‘O Allah, bear witness.’” In another narration reported by Al-Bukhari, Umm `Atiyyah said, “… thereupon a lady withdrew her hand (refrained from taking the oath of allegiance)…” This narration indicates that they (the immigrating women) took their oath of allegiance by shaking hands. Al-Hafizh said: we reply to the first saying that holding out hands from behind a veil is an indication of the acceptance of the allegiance even if there was no shaking of hands. As for the second narration, withdrawing hands indicates the postponement of accepting the pledge of allegiance or that taking the pledge of allegiance happened from behind a veil. This is supported by that narration of Abu Dawud on the authority of Al-Sha`bi that when the Messenger of Allah (peace and blessings be upon him) wanted to take the pledge of allegiance of the immigrating women he brought a garment and put it over his hands saying, “I do not shake hands with women.” Furthermore, in his book Maghazi, Ibn Is-haq is

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reported to have said that when the Messenger of Allah (peace and blessings be upon him) wanted to take the pledge of allegiance of the immigrating women, he would dip his hands in a vessel and a woman would dip her hands with him in the same vessel.

Al-Hafizh Ibn Hajar said: it is possible that taking the pledge of allegiance happened on more than one occasion. Sometimes, it happened without touching hands by any means, as narrated by `A’ishah. Another time it happened that the women’s oath of allegiance was accepted by shaking their hands with the Prophet (peace and blessings be upon him), as narrated by Al-Sha`bi. A third time it happened that they dipped their hands in the vessel as mentioned by Ibn Is-haq.

The most correct view seems to be that it occurred on more than one occasion, if we realize that `A’ishah talked about taking the pledge of allegiance from the immigrating women after the Truce of Al-Hudaibiyah, while Umm `Atiyyah talked about what seems to be the oath of allegiance of the believing women in general.

By transmitting these narrations, I mean to clarify that the evidence of those who are of the opinion that shaking hands with women is prohibited is not agreed upon, as is thought by those who do not resort to the original sources. Rather, there is some controversy concerning this evidence.

Furthermore, some contemporary Muslim scholars have based their ruling concerning the prohibition of shaking hands with women on the Hadith narrated by Al-Tabari and Al-Baihaqi on the authority of Ma`qil ibn Yassar that the Messenger of Allah (peace and blessings be upon him) said, “It would be better for one of you to have himself stabbed on the head with an iron needle than to touch a woman that is illegal for him.”

Here, the following should be noted:

1. The scholars and Imams of Hadith have not declared the authenticity of this Hadith. Some of them say that its narrators are trustworthy, but this is not enough to prove the authenticity of the Hadith because there is a probability that there is an interruption in the chain of narrators or there was a hidden cause behind this Hadith. That is why Muslim jurists in the periods that followed the death of the Prophet (peace and blessings be upon him) have not based their ruling on the prohibition of shaking hands with women on this Hadith.

2. Some Hanafi and Maliki jurists stated that the prohibition is not proven unless there is a certain qat`i (definitive) piece of evidence such as textual proofs from the Glorious Qur’an or authentic Hadiths on which there is no suspicion regarding the chains of narrators.

3. If we suppose that the above-mentioned Hadith is authentic, it is unclear to me that the Hadith indicates that it is prohibited for males and females who are not mahrams to shake hands. That is because the phrase “touch a woman that is illegal for him” does not refer to the mere touching without desire as happens in normal handshaking. But the Arabic word “al-mass” (touching) as used in the Shar`i texts of the Qur’an and the Sunnah refers to one of two things:

1. Sexual intercourse, as reported by Ibn `Abbas in his commentary to Almighty

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Allah’s saying, ‘… or ye have touched women …’. He stated that “touching” in the Qur’an refers figuratively to sexual intercourse. This is clear in the following Qur’anic verses that read: “She (Mary) said: ‘My Lord! How can I have a child when no mortal hath touched me?’” (Al `Imran: 47) and “If ye divorce them before ye have touched them …” (Al-Baqarah: 237)

2. Actions that precede sexual intercourse such as foreplay, kissing, hugging, caressing, and the like. This is reported from our righteous predecessors in the interpretation of the word “mulamasah”.

Al-Hakim stated in his Al-Mustadrak `Ala as-Sahihain: Al-Bukhari and Muslim have narrated many Hadiths that show that the meaning of the word “lams” (touching) refers to actions that precede sexual intercourse. Among them are:

a) The Hadith narrated by Abu Hurairah that the Prophet (peace and blessings be upon him) said, “…The hands fornicate. Their fornication is the touch ...”

b) The Hadith narrated by Ibn `Abbas that the Prophet (peace and blessings be upon him) said, “You might caress her.”

c) The Hadith narrated by Muslim that Ibn Mas`ud is reported to have said that a person came to Allah's Messenger (peace and blessings be upon him) and told him that he had kissed a woman or touched her with his hand or did something like this. He inquired of him about its expiation. It was (on this occasion) that Allah, Glorified and Exalted be He, revealed this Qur’anic verse that reads “Establish worship at the two ends of the day and in some watches of the night. Lo! good deeds annul ill deeds …” (Hud: 114)

d) `A’ishah (may Allah be pleased with her) is reported to have said, “The Messenger of Allah (peace and blessings be upon him) used to visit us (his wives) and it was his habit to kiss and caress us and do actions other than sexual intercourse until he reached the one whose turn was due and he stayed there.”

e) `Abdullah ibn Mas`ud is reported to have said in his commentary to Almighty Allah’s saying, “… or ye have touched women, …” that it refers to actions that precede sexual intercourse for which ablution is obligatory.

f) `Umar (may Allah be pleased with him) is reported to have said, “Kissing is to be considered among the touching acts, so perform ablution if you do.” (Al-Mustadrak, vol. 1, p. 135)

Hence, the opinion of Imam Malik and the substantial meaning of the legal verdict issued by Imam Ahmad in this respect are that the touching of a woman that nullifies ablution is that which is accompanied by desire. And this is the way they interpreted Almighty Allah’s saying, “… or ye have touched women, …”

That is why Sheikh Al-Islam Ibn Taimiyah regarded as weak the opinion of those who interpreted “mulamasah” or (touching) in the Qur’anic verse to mean mere touching without desire. In this regard, he says, “As for the nullification of ablution with mere touching, it does agree with the original rulings of the Shari`ah, the unanimous agreement of the Companions and the traceable traditions reported in this respect. Moreover, those who held this opinion have not based their ruling on a textual proof

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or an analogical deduction.”

So, if “touching” in Almighty Allah’s saying “… or ye have touched women, …” refers to touching with hands, kissing or the like, as said by Ibn `Umar and others, then it is known that when “touching” is mentioned in the Qur’an or the Sunnah it refers to that which is accompanied by desire. We would like to cite here the following verse that reads, “… and touch them not, while ye are in retreat in the mosques …” Here, it is not prohibited for the one who retreats to the mosque for devotion and worship to touch his wife without desire, but touching that is accompanied by desire is prohibited.

Also, this includes the Qur’anic verses that read “O ye who believe! If ye wed believing women and divorce them before ye have touched them, then there is no period that ye should reckon …” (Al-Ahzab: 49) “It is no sin for you if ye divorce women while yet ye have not touched them …” (Al-Baqarah: 236) For if he (the husband) touches his wife without desire, then the waiting period is not required and he is not required to pay her the whole dowry, according to the agreement of all Muslim scholars.

So, whoever assumes that Almighty Allah’s saying, “… or ye have touched women, …” includes general touching without desire has exceeded far beyond the language of the Qur’an and that of people. For if “touching” in which a man and a woman are included is mentioned, it is known that it refers to touching with desire. Similarly, if “sexual intercourse” in which a man and a woman are included is mentioned, it is well known that it refers to actual sexual intercourse and nothing else. (See the collection of Fatawa Sheikh Al-Islam Ibn Taimiyah, vol. 21, pp. 223-224)

In another context, Ibn Taimiyah stated: The Companions had debate regarding Almighty Allah’s saying, “… or ye have touched women, …”. Ibn `Abbas, supported by a group, held the opinion that touching here refers to sexual intercourse and added: Allah is modest and generous. He euphemizes with what He wills in respect of what He wills. Ibn Taimiyah added: This opinion is believed to be the most correct.

The Arabs disagreed regarding the meaning of touching: does it refer to sexual intercourse or actions that precede it? The first group said that it refers to sexual intercourse, while the second said that it refers to actions that precede it. They sought the arbitration of Ibn `Abbas, who supported the opinion of the first group and regarded that of the second as incorrect.

By transmitting all these sayings, I mean to show that when the word “al-mass” or “al-lams” (touching) is used to mean what a man does to a woman, it does not refer to mere touching but rather refers to either sexual intercourse or actions that precede it such as kissing, hugging, and any touching of the like that is accompanied by desire and enjoyment.

However, if we investigate the sahih (sound) Hadiths that are narrated from the Messenger of Allah (peace and blessings be upon him), we will conclude that the mere touching of hands between a man and a woman without desire or fear of temptation is not prohibited. Rather, it was done by the Prophet (peace and blessings be upon him), whose actions are originally a source of legislation. Almighty Allah says: “Verily in the Messenger of Allah ye have a good example …” (Al-Ahzab: 21). It is narrated on the authority of Anas ibn Malik (may Allah be pleased

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with him) that he said, “Any of the female slaves of Madinah could take hold of the hand of Allah's Messenger and take him wherever she wished.” (Reported by Al-Bukhari)

The above mentioned Hadith is a great sign of the modesty of the Prophet (peace and blessings be upon him).

Furthermore, it is reported in the two Sahihs that Anas ibn Malik (may Allah be pleased with him) said, “The Prophet (peace and blessings be upon him) used to visit Umm Hiram bint Milhan, who would offer him meals. Umm Hiram was the wife of `Ubadah ibn As-Samit. Allah's Messenger once visited her and she provided him with food and started looking for lice in his head. Then Allah's Messenger slept putting his head in her lap, and afterwards woke up smiling. Umm Hiram asked, ‘What causes you to smile, O Allah's Messenger?’ He said, ‘Some of my followers who (in a dream) were presented before me as fighters in Allah's Cause (on board a ship) amidst this sea cause me to smile; they were as kings on thrones …’”

Al-Hafizh Ibn Hajar has mentioned lessons that are deduced from this Hadith: The guest is permitted to nap in a house other than his own on condition that he is given permission and there is no fear of fitnah. According to this Hadith a woman is also permitted to serve the guest by offering him a meal, drink or the like. Furthermore, a woman is permitted to look for lice in his head, but this last was an object of controversy. Ibn `Abd Al-Barr said, “I think that Umm Hiram or her sister Umm Sulaim had breast-fed the Messenger of Allah (peace and blessings be upon him). So, each one of them had become his foster mother or his foster aunt. That was why he (the Prophet) used to sleep in her house and she used to deal with him as one of her mahrams.” Then he (Ibn `Abd Al-Barr) mentioned what indicates that Umm Hiram was one of the Prophet’s mahrams, as she was one of his relatives from his maternal aunts, since the mother of `Abd Al-Muttalib, his grandfather, was from Banu An-Najjar.

Others said that the Prophet (peace and blessings be upon him) was infallible and could control his sexual desires even from his wives, so what about other women who were illegal for him while he was granted infallibility from doing any wrong action or obscenity? This was one of his distinctive traits.

Al-Qadi `Iyad replied that the distinctive traits of the Prophet are not proven by personal interpretations of Hadiths. As for his infallibility, it is indisputable, but the original ruling is that it is permissible to take the Prophet’s actions as a model unless there is evidence that this action is one his distinctive traits.

Furthermore, Al-Hafizh Al-Dumyati said: It is wrong to claim that Umm Hiram was one of the maternal aunts of the Prophet (peace and blessings be upon him) either by reason of marriage or fosterage. Those who breast-fed the Prophet (peace and blessings be upon him) are well known. None of them was from the Ansar except the mother of `Abd Al-Muttalib. She was Salma bint `Amr ibn Zaid ibn Lubaid ibn Khirash ibn `Amir ibn Ghunm ibn `Adyy ibn An-Najjar. While Umm Hiram is the daughter of Milhan ibn Khalid ibn Zaid ibn Judub ibn `Amir ibn Ghunm ibn `Adyy ibn An-Najjar. Umm Hiram has a common ancestor with Salma only in their grandfather `Amir ibn Ghunm. So, they are not among his mahrams because it is a metaphorical relationship. Al-Hafizh Al-Dumyati added: If this is proven, it is reported in the Sahih books of Hadith that the Prophet (peace and blessings be upon him) used not to enter any house in Madinah except the house of Umm Sulaim besides those of his

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wives. When he was asked why, he said, “I take pity on her, as her brother (Hiram ibn Milhan) was killed in my company.”

If this Hadith has excluded Umm Sulaim, then Umm Hiram is granted the same exclusion as her because they are sisters and resided in the same house; each one of them had her own apartment beside their brother Hiram ibn Milhan. So, the case is mutual between them, as reported by Al-Hafizh ibn Hajar.

Moreover, Umm Sulaim is the mother of Anas ibn Malik, the servant of the Prophet (peace and blessings be upon him), and it was the habit of people that the master mixed with his servant and his family and did not deal with them as outsiders.

Then, Al-Dumyati said: There is no indication in the Hadith showing that the Prophet (peace and blessings be upon him) had khulwa (privacy) with Umm Hiram, as this might have happened in the presence of a son, a servant, or a husband.

Ibn Hajar replied: This is a strong likelihood, but it does not refute the original argument represented in looking for lice in the head and sleeping in her lap.

Ibn Hajar added: The best reply is that it is one of the distinctive traits of the Prophet (peace and blessings be upon him) (See Fath Al-Bari, vol. 13, pp. 230-231).

What I conclude from the aforementioned narrations is that the mere touching is not haram. So, if there exists reasons for mixing as that between the Prophet (peace and blessings be upon him) and Umm Hiram and Umm Sulaim and there is no fear of fitnah, then there is nothing wrong with shaking hands when there is a need for it, such as when returning from travel, the non-mahram male relative visiting his female relative, and vice versa, especially if this meeting happens after a long period.

Finally, I would like to ascertain two points:

Firstly, shaking hands between males and females who are not mahrams is only permissible when there is no desire or fear of fitnah. But if there is fear of fitnah, desire, or enjoyment, then handshaking is no doubt haram (unlawful). In contrast, if either of these two conditions (that there is no desire or fear of fitnah) is lacking between a male and any of his female mahrams, such as his aunt or foster sister or the like, then handshaking will be haram (although it is originally permissible).

Secondly, handshaking between males and females who are not mahrams should be restricted to necessary situations such as between relatives or those whose relationships are established by marriage. It is preferable not to expand the field of permissibility in order to block the means to evil and to be far away from doubt and to take the Prophet (peace and blessings be upon him) as a model when there is no proof that he shook hands with a non-mahram woman. Also, it is preferable for the pious Muslim, male or female, not to stretch out his/her hand to shake the hand of anyone of the opposite sex who is not mahram. But if he/she is put in a situation that someone stretches out his/her hand to shake hands with him/her, then he/she can do that.

I have tried to clarify the detailed ruling of the issue here in order to inform those who are in the dark about it how to behave while sticking to the tenets of their

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religion. Also, when the detailed Islamic ruling is explained and people are fully aware of it, there will be no room for personal justifications that are not supported by legal backing.

Allah Almighty knows best.

Details of FatwaTitle of Fatwa New Muslims: Should Hijab Be an Obstacle?Date of Reply 22/Jul/2003Topic Of Fatwa Dress & AdornmentCountry Applied AlbaniaQuestion of Fatwa A woman that has newly embraced Islam may find it

embarrassing and difficult to wear a head-cover as Islam requires of Muslim women. Are we obliged, in this case, to tell her that Allah will not accept her as a Muslim unless she wears a head-cover and insist on her wearing it, even if this will disaffect her and maybe even make her give up Islam?

Content of ReplyIn the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we are pleased to receive your question, which shows the confidence you place in us. May Allah reward you abundantly for your interest in knowing the teachings of Islam.

In the first place, we would like to stress that the Islamic rules of satr or covering for women are intended to safeguard and preserve the honor and dignity of women. This is an idea that should be communicated to new Muslim women but in gradual steps. By steps, the desired results can be achieved. With rigidity, we are more likely to drive new Muslims away. When it comes to new Muslims, a special handling should be applied, and graduation in introducing the noble teachings of Islam should be used.

Islam requires women not only to cover the hair, but to wear long, loose, opaque clothing as well. To focus so much attention on the head-covering alone may result in the absurd dress we see on many young Muslim women in some Arab countries: a head scarf on top of skin tight jeans and t-shirts. It is best to encourage a new Muslimah to change her style of dress gradually, perhaps from the bottom up rather than from the top down.

In his response to the question, the prominent Muslim scholar Sheikh Yusuf Al-Qaradawi, states the following:

“Weighing harms and benefits in Islamic jurisprudence or fiqh al-muazanat requires us to deal with the question in hand carefully and gradually. This is to say, we are to take gradual steps until we can convince that woman of the obligation of wearing a head-cover as a Muslim woman. Gradation in this regard may further require us to accept that woman’s uncovered head, though this is unlawful in Islam, for fear that

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otherwise she may give up Islam, which is a far greater harm than committing something unlawful. Accepting the lesser of two evils in this case is a principle applied when necessary, as agreed upon in Islamic jurisprudence.

Having to accept such woman’s uncovered head should not make us despair of her returning to the right path of Islam. So, we are to supplicate Almighty Allah to guide her so that she may repent. We are, at the same time, to be fair to her and treat her kindly.

We should convince Muslim women that covering their head is a religious obligation, that Almighty Allah and His Messenger, Prophet Muhammad (peace and blessings be upon him) ordered Muslim women to abide by this. This is unanimously agreed upon by all Muslim scholars both in past and present times. Almighty Allah says: “And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms…” (An-Nur: 31)

Almighty Allah also says: “O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them (when they go abroad). That will be better, that so they may be recognized and not annoyed.” (Al-Ahzab: 59)

This shows that Almighty Allah has made it obligatory upon Muslim women to wear the head-cover as a sign of modesty, so that they be distinguished from the non-Muslim women and those who are not firm in faith. By wearing the head-cover, Muslim women give the impression that they are straight and serious, not loose or frivolous. In that way, no loose men will tease them in any way.

Pious Muslim women are to try to get close to and positively affect the woman in question, so that she may follow in their footsteps. Muslims acquainted with that woman must bear in mind that they are to treat her fairly and kindly, as Almighty Allah gives better results for the thing that is dealt with kindly than that dealt with violently.

Though wearing the head-cover is an obligation upon the Muslim woman, yet it is regarded as a branch, not one of the main principles of Islam. Taking this into account, if imposing the head-cover on a woman that has newly embraced Islam by insisting on her doing so will repel her and may make her give up Islam altogether, it will be better to tolerate her neglecting that obligation. It is not wise in general in Islam that we risk observing a principal obligation (such as believing) for the sake of observing a secondary one (such as hijab).”

Details of FatwaTitle of Fatwa Sept 11 Attacks: Islamic ViewsDate of Reply 10/Sep/2003Topic Of Fatwa Relations during WarQuestion of Fatwa As-Salam Alaykum, This is to highlight my viewpoint on the

September attacks on the US, and the effect of pointing the fingers of accusations at Muslims in general. I think it is high time our Muslim scholars laid down clear basis for Muslim-non-Muslim relationship, and to let the West in general understand Islam's stance on such issue. Don't you think that blurred vision to how should a Muslim treat his

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non-Muslim brother may trigger such attacks? What should be the basis of interaction between Muslims and non-Muslims in the light of this tragedy?

Name of Mufti Group of MuftisContent of Reply

Wa `Alaykum As-Salaam Waramatullah Wabarakatuh!

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah Almighty and peace and blessings be upon His Messenger.

First of all, we'd like to voice our appreciation for the keennes you show on getting acquainted with the teachings of your religion; may Allah Almighty help us all to abide by His rules and teachings, Amen.

In a clear reaction to the tragic incident of Sep 11th, unequivocal and unified condemnations were issued by Muslim scholars from all over the world, making it clear that Islam goes against violence and it doesn't sanction terrorism. They express Islam's stand on all forms of violence, be it against Muslims or non-Muslims. Thus, it's crystal clear that hijacking planes, terrorizing innocent people and shedding blood constitute a form of injustice that can not be tolerated by Islam, for it's a divine religion that calls for peace.

Among the eminent Muslim scholars that rushed to condemn this attack are Sheikhs Yusuf Al-Qaradawi and Faysal Mawlawi. The following is a reflection on how they explicitly expressed the Islamic view on the incident.

Sheikh Yusuf Al-Qaradawi, a grand Muslim scholar and prominent Da`iyah (caller to Islam), says:

"Truly, our hearts bleed for the attacks that targeted the World Trade Center (WTC) as well as other institutions in the United States despite our strong opposition to the American-biased policy towards Israel on the military, political and economic fronts.

Islam, the religion of tolerance, holds the human soul in high esteem, and considers an attack against innocent human beings a grave sin. This is backed by the Qur’anic verse which reads: “Whosoever kills a human being for other than manslaughter or corruption in the earth, it shall be as if be had killed all mankind, and whosoever saves the life of one, it shall be as if he had: saved the life of all mankind.” (Al-Ma’dah:32)

The Prophet, peace and blessings be upon him, is reported to have said, “A believer remains within the scope of his religion as long as he doesn’t kill another person illegally.”

Haphazard killing where the rough is taken with the smooth and where innocents are killed along with the wrongdoers is totally forbidden in Islam. No one, as far as Islam is concerned, is held responsible for the actions of others. Upon seeing a woman killed in the battlefield, the Prophet, peace and blessings be upon him, renounced the act and said: “That woman shouldn’t have been killed anyway!”

Even at times of war Muslims are not allowed to kill anybody save the one who is indulged in face-to-face confrontation with them. They are not allowed to kill women,

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elderly, children, or even a monk in his religious seclusion.

That is why killing hundreds of helpless civilians who have nothing to do with the decision-making process and are striving hard to earn their daily bread, such as the victims of the explosions (in the U.S.) is a heinous crime in Islam. The Prophet, peace and blessings be upon him, is reported to have stated that a woman was qualified to enter Hell because of the cat she locked up and starved to death.

If this is the ruling applied in protecting animals, no doubt, aggression against human beings, deserves greater protection, for human beings are honored by Allah Almighty and are His vicegerents on earth?

We Arab Muslims are the most affected by the grave consequences of hostile attack on man and life. We share the suffering experienced by innocent Palestinians at the hands of the tyrannical Israeli entity who raze the Palestinian homes to the ground, set fire to their land, kill them in cold, and leave innocent orphans wailing behind.

With this in mind, the daily life in Palestine has become a permanent memorial gathering. When Palestinians face such unjust aggression, they tend to stem bloodletting and destruction and not claim the lives of innocent civilians.

I categorically go against any committed Muslim embarking on such attacks. Islam never allows a Muslim to kill the innocent and the helpless.

If such attacks were carried out by a Muslim - as some biased groups claim - then we, in the name of our religion, renounce the act and incriminate the perpetrator. We do confirm that the aggressor deserves the deterrent punishment irrespective of his religion, race or gender.

What we warn against - even if it becomes a reality - is to hold a whole nation accountable for a crime carried out by a small group of people, or to characterize a certain religion as one that supports violence and terrorism.

When the well-known Oklahoma incident was carried out by a Christian American who was driven by personal interests, neither Christianity, America or even the Christian world were accused of the attack because a Christian masterminded it."

On his part, Sheikh Faysal Mawlawi, deputy chairman of the European Council for Fatwa and Research, states:

"Before delving deep into the issue, I will first of all tackle the main points connecting to it:

1-Call to Allah is the mission of all Prophets:

Given the fact that Prophet Muhammad, peace and blessings be upon him, is the seal Prophet, therefore, his message is eternal and meant for the whole mankind. After the demise of the Prophet, peace and blessings be upon him, the responsibility of conveying this message rests on the shoulders of all Muslims; Allah says: "And there may spring from you a nation who invite to goodness, and enjoin right conduct and forbid indecency. Such are they who are successful."(Aal-

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`Imraan: 104)

However, in calling people to Allah, every Muslim should demonstrate wisdom and gentleness in dealing with people; they should try to get close to people, to know what they need and how they should help them. All in all, they should abide by the noble principles laid down by the Prophet, peace and blessings be upon him, in this arena.

2-Da`wah: A Cornerstone of Muslims-non-Muslims Relation:

It’s worth mentioning that Da’wah is the cornerstone of Muslims relationships with non-Muslims and this should be borne in mind. Thus, all principles and rules governing that aspect should be given due respect, which means that nowadays rules of warfare deserve to be clearly understood, to know when and how to conduct it, and what the scopes of fighting are.

What I’m trying to say is that, the controversial issue among Muslims nowadays is “the basis of dealing with non-Muslims. Is it in the framework of Da`wah or fighting?” It becomes exigent to explain clearly what governs the relation between Muslims and non-Muslims.

We are now living in an open world, where respect for human rights, especially religious rights, has gained ground in most of the countries. Besides, Muslim minorities are in the multitudes in Europe, America, Australia, Asia and Africa, and most of them are citizens of these countries. Thereby, the possibility of fighting non-Muslims out of defense is still pending if persecution is practiced against Muslims; the incidents of Bosnia, Kosovo, Chechnya, Afghanistan and Palestine are current examples.

As for the issue in the U.S., its policy vis-à-vis the Middle East conflict and the blind support it gave the Zionist state, by backing it in all its atrocities against Palestinians, earned the Americans more enemies from among the Arab and Muslim nations. But despite their strong condemnation of this double-standard policy, as well as many economic strategies displayed against American and Israeli goods, none of those countries have ever voiced the opinion of expanding the scope of the Palestinian Intifada to be shifted to the U.S. This won’t produce any good and it will jeopardize the Muslims’ interests as well.

In the light of the above, we conclude that the 9/11 tragic event against America is totally against the principles of Islam, thus, it can never earn the honor of being called “martyr operation” even if it happens that Muslims are the perpetrators, for the following reasons:

1-The current situation of all Muslims nowadays makes it compulsory for them to take Da’wah, and not fighting, as the basis of dealing with non-Muslims. Adopting a hostile policy against non-Muslims will not let them see the light of Islam. In fact, Muslims in Europe and America are working hard in elucidating Islam to non-Muslims in a very good way. But the late attack on America will unfortunately disturb this process, for it’s an attack against the ordinary people and not against the government.

2-Then comes the issue of hijacking civilian planes on board of which are women, the

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elderly, children, Muslims and non-Muslims. This act is completely forbidden in Islam. It is a form of terrorism. It is rejected in Islam unless staged against combatants during warfare. Allah says: "And if anyone of the idolaters seeketh thy protection (O Muhammad) , then protect him so that he may hear the word of Allah; and afterward convey him to his place of safety. That is because they are a folk who know not." (At-Tawbah: 6)

If this is the ruling governing the combatant non-Muslims, what about the non-combatant ones? They enjoy more protection, no doubt.

In addition to that, the point of using the WTC in New York as the target of their criminal act is in itself heinous. It was the workplace of thousands of employees who can never be termed combatants, including women, elderly, Muslims and non-Muslims. This act greatly runs counter to the Islamic principles of warfare, and makes it one of the most grave criminal acts that deserves severe punishment."

So, dear questioner, it has become as clear as daylight that Islam has no hand in the incident of Sep. 11. Thereby taking it as a cause of launching war against Islam and Muslims is itself an act injustice, and we all know that injustice can never be redressed by another injustice. As long as Muslim scholars all over the world have made it clear that using the concept of Jihad to justify harming innocent people is contrary to the letter and spirit of Islam, the right approach is shift eyes of justice to another direction. Wisdom must be applied here as not to lose friends and sympathisers.

Allah Almighty knows best.

Details of FatwaTitle of Fatwa Did Breaking My Vow Cause My Baby's Death?Date of Reply 06/Sep/2003Topic Of Fatwa VowsQuestion of Fatwa

Dear scholars, As-Salamu `alaykum! I have been married now for eight years with no children. My wife and I have consulted many doctors who told us that there is nothing wrong with either of us. Once I implored Allah Almighty and vowed that I would make a party for my friends once my wife got pregnant. Allah Almighty answered my prayers and my wife became pregnant. I was about to make the party when some of my friends advised me to postpone it till my wife gave birth. Some other friends advised me to distribute the costs of the party among the poor. But I did not do any of these. My wife then gave birth and the baby was healthy, but fifteen days after her birth, her health deteriorated and she suffered severe pain. I took her to the hospital, but Allah's will prevailed and the baby died.

I need to know whether the reason behind my baby's death is that I failed to fulfill the vow I had made to Allah before

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her birth. I still have firm determination to fulfill it, but would it be valid after the baby's death?

Furnish me with information, may Allah reward you! Jazakum Allah khayran!

Content of ReplyWa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

First of all, we implore Allah Almighty to let your late baby intercede for you on the Day of Judgment and to compensate you for your patience with better offspring!

Be sure, dear brother, that the baby's death was predestined for her, and Allah’s predestination can never be warded off. You know that there is an appointed time for every person to die; when it comes there is no delay. Allah Almighty says what means: "And every nation hath its term, and when its term cometh, they cannot put it off an hour nor yet advance (it)." (Al-A`raf: 34)

This means that there is no relation between breaking your vow to Allah and your baby's death. Death is a natural phenomenon that has no specific signs; the cause of death may seem apparent to us, but it is only Allah Who knows the real reasons. Allah Almighty says: "And no one groweth old who groweth old, nor is aught lessened of his life, but it is recorded in a Book." (Fatir: 11)

However, you are committed to fulfill the vow you have made to Allah, for Allah Almighty orders His servants to fulfill their vows, as He says what means: "Then let them make an end of their unkemptness and pay their vows." (Al-Hajj: 29)

Allah also praises His obedient servants saying: "Because they perform the vow and fear a day whereof the evil is wide spreading." (Al-Insan: 7)

He, Exalted be He, rebukes those who do not fulfill their vows saying: "And of them is he who made a covenant with Allah (saying): If He give us of His bounty We will give alms and become of the righteous. Yet when He gave them of His bounty, they boarded it and turned away, averse; So He hath made the consequence (to be) hypocrisy in their hearts until the day when they shall meet Him, because they broke their word to Allah that they promised Him, and because they lied." (At-Tawbah: 75-77) As we see in these verses, Allah describes those who do not fulfill their vows as hypocrites.

Abu Dawud reported that a woman came to the Prophet (peace and blessings be upon him) and said: "I made a vow to beat the duff (drum) [as an expression of happiness] in your presence." The Prophet (peace and blessings be upon him) said to

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her: "Then fulfill your vow."

Therefore, the baby's death does not exempt you from fulfilling the vow you have made, because it was not dependant on the baby's living; rather it was dependant on your wife's pregnancy. So long as she bore a baby, then you have to fulfill your vow. However, dear brother, it would have been better if you had fulfilled it once you knew that your wife was pregnant, for the sooner one does good deeds the better.

There are still two points I would like to emphasize:

The first, vowing to Allah to do something is blameworthy, according to the view of many scholars, even if one vows to do an act of obedience, such as Prayer, fasting and paying charity. Imam Ahmad, Al-Bukhari and Muslim reported on the authority of `Abdullah ibn `Umar that the Messenger of Allah (peace and blessings be upon him) forbade people to make vows to Allah saying: "It does not ward off anything (bad). It is just for the covetous to exert some money." Another narration reads: "Nadhr (vow) does not entail anything good…"

There are three reasons why vowing is blameworthy:

1. So that people do not think that nadhr (vowing) may ward off qadar (destiny) or that they may not think that vowing to Allah will necessarily achieve one's end. In other words, some people may think that vowing to Allah involves the fulfillment of one's need. That is why the Prophet (peace and blessings be upon him) said: "It does not ward off anything (bad)." or, "Nadhr does not entail anything good…"

2. So that people do not think that vowing to do an act of obedience is a form of rewarding Allah for fulfilling their need. In this sense some people say, If Allah gives me a boy, I will pay charity to the poor, or the like. This means that one makes the fulfillment of his own need a condition for doing a good deed. The other way round, if his need is not achieved, he will not do such a good deed (even though he can do it).

In this case, good deeds are not done for the sake of Allah, but as a reward for the fulfillment of a need. A person who acts in this manner is likened to a covetous person who does not spend any money except for something greater in value. That is why the Prophet (peace and blessings be upon him) said: "It is just for the covetous to spend some money."

3. Vowing includes suffering, as one commits himself to do something that he can do without. Moreover, he may be induced by laziness, covetousness or whims to neglect fulfilling the vow altogether, or otherwise fulfill it without paying heed or unwillingly.

In all cases, Muslim scholars agree that fulfilling a vow is obligatory. The Qur'an and the Sunnah include dispraise of those who do not fulfill their vows.

The second point I would like to stress is that one should vow to do an act of obedience to Allah rather than to do an ordinary deed. The Prophet (peace and blessings be upon him) said: "One should not make a vow to do something except for the sake of Allah." (Reported by Ahmad and Abu Dawud.)

Some scholars see that making a vow to do something other than ritual acts of

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worship is not considered a nadhr. That is the case of one who vows to do an ordinary permissible deed.

Hence we see that the questioner should have rather made a vow to do something like charity for the poor instead of making a party for his friends. However, such a party may be in the way of Allah if it is intended to strengthen the ties of brotherhood in faith and love for Allah's sake among his friends.

The above is excerpted from Fatawa Mu`aserah, by Sheikh Yusuf Al-Qaradawi.

Do keep in touch. If you have any other question, don't hesitate to write to us.

Details of FatwaTitle of Fatwa Zakah on Warehouses & ShowroomsDate of Reply 01/Sep/2003Topic Of Fatwa Zakah on Real EstateQuestion of Fatwa As-Salamu `alaykum! Is Zakah imposed on warehouses

and showrooms used to develop the business in storing and presenting merchandise? If there is Zakah, then what is the rate?

Name of Mufti Yusuf Al-QaradawiContent of Reply

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we commend your eagerness to become well-acquainted with Islam and its teachings, which is the way Allah has chosen for the welfare of His servants.

In response to your question, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

"Zakah is imposed on trade goods as with liquid assets where there are items for sale that are transferred from one hand to another. For example, if the merchandise that is for sale is deposited in containers, then these containers are not subject to Zakah. This is because these containers are not for sale. The same rule applies to a building or an office with desks, scales, shelves, etc. All these are not accounted for when inventoried as capital that is subject to Zakah.

Zakah in trade is imposed on liquid assets in trade (merchandise planned for sale), and the payable debts. Concerning fixed assets that are not planned for sale, these are not included in the accounting.

The salient point then is whether the items are deemed for sale or not. If the containers in which the merchandise is stored or housed are not for sale, then there

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is no Zakah due on them. If these containers are sold together with the merchandise in them, then there is Zakah due on them. As such, warehouses and showrooms are not subject to Zakah as explained previously."

Details of FatwaTitle of Fatwa Prayers: Only Five A Day?Date of Reply 30/Aug/2003Topic Of Fatwa Muslim Belief, Times of Prayer, Da`wah to Non- & New

MuslimsCountry Applied United StatesQuestion of Fatwa I have adopted Islam recently, and I am still learning the

daily prayers. Now, I want to know if there are other prayers that should be performed along with the five obligatory ones that have to be performed daily. Any help you can give would be very much appreciated. Also, I would like to say that you have the most informative site I have ever seen on Islam. Thank you.

Name of Mufti A Group of Islamic ResearchersContent of Reply

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we would like to thank you for the sincere confidence you place in our site, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

First of all, we’d like to welcome you to the fold of Islam, the true religion of Allah. Insha’Allah, through regular observance of prayers, you will find tranquility and peace of mind. May Allah Almighty guide your steps along the path of truth and direct you to that which pleases Him.

The Prophet (peace and blessings be upon him) said: “Islam is built upon five pillars: testifying that there is no true god except Allah and that Muhammad is the Messenger of Allah, performing Prayer, paying the Zakah, making the pilgrimage to the Sacred House (Hajj), and fasting the month of Ramadan.” (Reported by Al-Bukhari)

Concerning the prayer, you are only required to perform five daily prayers. `Ubadah ibn As-Samit (may Allah be pleased with him) reported that the Prophet (peace and blessings be upon him) said: "Allah Almighty has enjoined that five prayers have to be performed daily. He who performs them regularly, will be blessed by entering Paradise. However, he who pays no attention to performing them, there will be no covenant for him in the Hereafter, and it is for Allah Almighty to punish him or to bless him by entering Paradise." (Reported by Malik, Abu-Dawud)

Therefore, we – Muslims – are obliged to pray five times a day. But there are certain supererogatory (sunnah) prayers that the Prophet (peace and blessings be upon him) regularly offered. A Muslim is highly recommended to keep on offering the

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supererogatory prayers. The wisdom behind the legislation of supererogatory prayers is to make the heart of the Muslim attached to Allah in all times, seeking His Forgiveness and hoping to pass the hard test successfully. A Muslim may not perform obligatory prayers properly, and he may not be able to attain the high sense of awe, implied in prayer, due to material trappings that preoccupy his mind. Hence, Sunnah make up for the shortage that may arise in obligatory prayers.

A Muslim should be generous with His Lord, in the sense that he should perform as many voluntary acts of worship as he can in order to gain Allah's Reward in the Hereafter. In this sense, Allah Almighty says: "And vie one with another for forgiveness from your Lord, and for a Paradise as wide as are the heavens and the earth, prepared for those who ward off (evil)." (Al `Imran: 133)

Shedding more light on this issue, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

“The five daily prayers are prescribed upon every Muslim. But there are certain supererogatory (Sunnah) prayers that the Prophet (peace and blessings be upon him) regularly offered. A Muslim is highly recommended to keep on offering the supererogatory prayers for the following reasons:

1. They bring the Muslim nearer to Allah. On the authority of Abu Hurayrah (may Allah be pleased with him), who said that the Messenger of Allah (peace and blessings be upon him) said: “Allah, Most High, said: ‘Whoever shows enmity to someone devoted to Me, I shall be at war with him. My servant draws not near to Me with anything more loved by Me than the religious duties I have enjoined upon him, and My servant continues to draw near to Me with supererogatory works (acts of worship) so that I shall love him. When I love him I am his hearing with which he hears, his seeing with which he sees, his hand with which he strikes and his foot with which he walks. Were he to ask [something] of Me, I would surely give it to him, and were he to ask Me for refuge, I would surely grant him it. I do not hesitate about anything as much as I hesitate about [seizing] the soul of My faithful servant: he hates death and I hate hurting him.’” (Reported by Al-Bukhari)

2. Whoever turns away from these sunnah (supererogatory) prayers, seems to be turning away form the love of Allah's Messenger (peace and blessings be upon him). Allah says: “Indeed there is for you, in the Messenger of Allah, a good example to follow.” (Al-Ahzab: 21) Whoever loves Allah's Messenger (peace and blessings be upon him), should adhere to his Sunnah. As the Prophet (peace and blessings be upon him) kept on offering these supererogatory prayers, his adherents should follow his footsteps.

3. These supererogatory prayers compensate for whatever shortages and deficiencies that take place in the performance of the obligatory prayers. It stands to reason that no one can assume perfection of his prayers. When man will be held accountable on the Day of Judgment - and the first thing to be accounted for is prayer - his prayer will be looked at. If the obligatory prayers are incomplete, then the sunnah will compensate for them."

Therefore, there are other prayers that are highly recommended to be performed before and after the obligatory ones. Such prayers are called sunnah or supererogatory prayers. If one performs them, Allah will reward him, but there is no punishment for not performing them.

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The Prophet (peace and blessings be upon him) said: "He who assiduously performs twelve rak`ahs (prayer units), will have a house built for him in Paradise. They are: four rak`ahs before the afternoon prayer (Zuhr) and two rak`ahs after it; two rak`ahs after the sunset prayer (Maghrib); two rak`ahs after evening prayer (Al-`Isha'); and two rak`ahs before the dawn prayer (Fajr)." (Reported by At-Tirmidhi)

In addition, there are other voluntary prayers that can be performed occasionally along with the previous sunnah prayers. They are, for example, the late night prayer (Tahajjud prayer); the eclipse prayer (Kusuf prayer); the prayer for seeking Allah’s guidance (Istikharah prayer); and the prayer in times of need (Hajah prayer). Each of the aforementioned prayers has a specific way to perform it. It should be notable that our answer has concentrated on the obligatory prayers along with the supererogatory ones immediately preceding and following them.

Details of FatwaTitle of Fatwa What Counts Is Piety Not AppearanceDate of Reply 26/Aug/2003Topic Of Fatwa MisconceptionsCountry Applied KuwaitQuestion of Fatwa As-Salamu `alaykum wa Rahmatullah. How are you?

Brothers, I have a question concerning our creation or image. Allah Almighty has created me ugly but still I am not angry with Him because I don't have a right to. But I am afraid that it is because He hates me. Is it true? If Allah has created me ugly, does that mean that He hates me?

Also, in Paradise will I still have this image? I mean people often laugh at me. I bear patience but I have a doubt that Allah probably hates me. I am afraid of that. If people laugh at me because I am ugly but then I bear patience, will I be rewarded? I have read that in Paradise people will have beautiful wives. How can a beautiful woman marry me if I am not handsome? What about al-Hoor al-`Een. Also, what happens if in Paradise people laugh at how I look? Jazakum Allah khayran.

Name of Mufti A Group of Islamic ResearchersContent of Reply

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, thank you very much for having confidence in us. We appreciate your question. We ask Allah to support us in achieving the noble task placed on our shoulders, which we dedicate ourselves to and aspire to seek perfection, with the help of Allah.

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Dearest brother, you should be at ease regarding this because a person’s features do not constitute a problem at all. It is faith that should occupy one’s mind. And, it is one of Allah’s favors upon man that He has decreed superiority and virtue based on God-fearing and righteousness.

In this context, Allah Almighty says: “O mankind! Lo! We have created you male and female, and have made you nations and tribes that ye may know one another. Lo! The noblest of you, in the sight of Allah, is the best in conduct. Lo! Allah is Knower, Aware.” (Al-Hujurat: 13)

Do not pay any attention to those who laugh at or scorn you because of how you look. Your trust in your Lord, Allah, and in your religion, Islam, is of greater value and that is what you should concern yourself with.

Brother, you have to keep in mind that it is Allah’s Wisdom to test human beings with different forms of suffering and tribulations such as poverty, illness and ugliness. This does not mean that Allah Almighty hates the person afflicted with such trials. Once man shows patience and exerts efforts but fails, he will get his full reward from Allah on the Day of Resurrection. Prophet Ayyub (peace and blessings be upon him) who suffered a great deal of agony due to abject poverty and illness, is a good example to the fact that how far Allah tests His sincere slave-servants. After passing the litmus test successfully, Allah Almighty alleviated Ayyub’s suffering and finally he wallowed in luxury and blessing.

We would like to direct your attention to the fact that human minds may discern Allah’s Wisdom in certain cases while in others they fail to comprehend Allah's Wisdom in creation.

As for your fear that al-Hoor al-`Een will not marry you because of your appearance, this has no grounds in Islam. Worldly measures are totally different from that of the Hereafter. In the Hereafter, the believers will be in the best shape and fashion. Allah Almighty says: "On the Day when Allah will not abase the Prophet and those who believe with him. Their light will run before them and on their right hands: they will say: Our Lord! Perfect our light for us, and forgive us! Lo! Thou art Able to do all things." (At-Tahrim: 8)

Abu Hurayrah (may Allah be pleased with him) quotes the Messenger of Allah (peace and blessings be upon him) as saying, “The People of Paradise will enter it (in the best form). They will be hairless (in their body). They will have moustaches, not beards. They will be white-colored and strong. Their eyelashes are darkened with kohl (eyeliner). They will be thirty-three years. They will resemble Adam (in appearance and figure), their length will be sixty cubits and their width will be seven cubits." (Reported by Ahmad)

Paradise is Allah’s gift for the believers who have true faith irrespective of any other characteristics. Allah Almighty says: “Allah promiseth to the believers, men and women, Gardens underneath which rivers flow, wherein they will abide blessed dwellings in Gardens of Eden. And greater (far)! Acceptance from Allah. That is the supreme triumph.” (At-Tawbah: 72)

However, you should keep in mind that if you keep patient and express gratitude to Allah, you will be granted great recompense and a high degree from Him.

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The following are some Qur’anic verses that confirm this:

"But give glad tidings to the steadfast." (Al-Baqarah: 155); "Allah loveth the steadfast." (Al `Imran: 146); "Allah is with the steadfast." (Al-Baqarah: 249); "Verily the steadfast will be paid their wages without stint." (Az-Zumar: 10)

Furthermore, patience has numerous fruits:

1. Gaining Allah’s support and aid: Allah says, "And the fair word of the Lord was fulfilled for the Children of Israel because of their endurance." (Al-A`raaf: 137)

2. Attaining Allah’s pleasure: Allah says, "But if ye persevere and ward off (evil), then that is of the steadfast heart of things." (Aal-`Imran: 186)

3. Getting a great position in religion: Allah says, "And when they became steadfast and believed firmly in Our revelations, We appointed from among them leaders who guided by Our command." (As-Sajdah: 24)

4. Being safe from enemies’ plans: Allah says, "But if ye persevere and keep from evil their guile will never harm you." (Al `Imran: 120)

5. Entering Paradise: Almighty Allah says: "Peace be unto you because ye persevered. Ah, passing sweet will be the sequel of the (heavenly) Home." (Ar-Ra`d: 24)

Having stated the above, we’d like to add that Allah sometimes allows some people to suffer to test others, how they react to them. Islam does not allow mocking or laughing at any human being’s physical shape, handicap, deformity, or poverty, etc. Those who are doing so are ignorant of the scale by which Allah measures goodness.

In his well-known book, The Lawful and the Prohibited in Islam, Sheik Yusuf Al-Qaradawi, states:

“In verses 10-12 of surat al-Hujurat, Allah has prescribed a number of things related to the preservation of brotherhood and what this implies with regard to what is to be held sacred among human beings. The first among these is the prohibition of mocking, deriding, and scoffing at others. The believer who fears Allah and hopes to attain the Garden (Paradise) in the Hereafter will not scoff at any individual nor make people the object of his jokes, scorn, sarcasm or mockery, because this is nothing but pride, arrogance, and contempt for others, as well as ignorance of the scale by which Allah measures goodness. Says Allah: “Let not some people mock at other people, for they may be better than themselves, nor (let) women (mock) at women who may better than themselves.” (Al-Hujurat: 11)

In the scale of Allah, goodness is measured by faith, sincerity, and the quality of the relationship with Allah, not by physical appearance, wealth, or power. Said the Prophet (peace and blessings be upon him): “Allah does not look at your physical features or your wealth, but He looks at your hearts and your deeds.” (Reported by Muslim)

How, then, can it be permissible for a person to laugh at someone’s physical handicap, deformity, or poverty? It is reported that `Abdullah ibn Mas`ud had thin, weak legs. Once, upon seeing his leg uncovered, some people laughed, whereupon the Prophet (peace and blessings be upon him) said, “Are you laughing at the

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frailty of his legs? By Him in Whose hand is my soul, in the scale of Allah they are weightier than Mount Uhud.” (Reported by at-Tayalisi and Ahmad)”

Details of FatwaTitle of Fatwa Islam’s Stance on SufismDate of Reply 06/Aug/2003Topic Of Fatwa Ideologies, Movements & ReligionsQuestion of Fatwa As-Salamu `alaykum. What do we have to know about

Sufism? And what is Islam’s stand on it? Jazakum Allah khayran.

Name of Mufti Yusuf Al-QaradawiContent of Reply

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we commend your keenness on getting your self well-acquainted with Islam and its teachings, which is the way Allah has chosen for the welfare of His servants.

Responding to the question you raised, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

“Sufism is a form of practicing an ascetic way of life. Such an act of worship is recognized by all religions though the way of practicing it differs from one religion to another.

For instance, in India, the Hindus’ lower class tend to go to extremes by inflicting tortures on themselves just with the aim of reaching an exalted level of spirituality. The same applies to Christianity, especially to celibacy.

Also in Persia, there is a sect known as Manism, while in Greece there is another sect known as "Ar-Ruwakiyeen" (People who reject life luxuries). In fact, in many other countries, there are similar groups who are somehow extremist in their beliefs. In a sharp contrast to all this, Islam came with a moderate approach to life and man’s relation with his Lord. It views man as a human being of mind, soul and body, and it has made it clear that all these components need a special care.

This is what the Prophet (peace and blessings be upon him) made clear to one of his Companions, `Abdullah ibn `Amr ibn Al-`Aaas, who took to extremes in worshipping Allah, to the extent that he gave up eating, sleeping and even his conjugal right. The Prophet (peace and blessings be upon him) warned him against that saying: “...Your eyes have a right on you, and your body and your family (i.e. wife) have a right on you. Give everyone his due right.”

Also some Companions went to the Prophet’s house to ask his wife how he used to observe acts of worship. Upon being told the details of his acts of worship they found theirs falling behind those of the Prophet (peace and blessings be upon him). They

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deemed themselves falling short of the required standard of being a true believer. Besides, they saw no reason why they shouldn’t do like or even exceed him in worship, for he actually had been forgiven all his sins. Therefore, they started making vows of getting down to an extensive act of worship. One of them vowed to start observing a non-stop fasting (without breaking it at all), the other vowed to abandon his conjugal right, while the third said that he would observe supererogatory prayers for all nights without sleeping. Upon being told of this, the Prophet (peace and blessings be upon him) gathered them and admonished them saying: “By Allah, I am more submissive to Allah and more afraid of Him than you; yet I fast and break my fast, I do sleep and I also marry women. So he who does not follow my tradition in religion, is not from me (not one of my followers).” This shows that Islam maintains moderation in everything.

However, people tend to practice Sufism as a means of rescuing themselves from the throes of materialism that has taken its toll on them, thanks to the abundance of property and economic boom in which people found themselves. All this has made them enslaved by life’s luxuries in addition to being governed by baseless ideologies. Thus, religious beliefs have been attributed to the dictates of philosophy and theology, and this led to frenzied argument that completely made people neglect spiritual aspects of life.

Meanwhile, those who engaged themselves in Islamic jurisprudence failed to go deeper in it; instead of trying to understand the spiritual aspect of worship, they merely stuck to its physical aspects. This gave birth to a religious group known as Sufis who came to fill the gap left by theologians and jurists; as I've just said, the latter failed to transform people spiritually.

The Sufis give a great concern to analyzing man in terms of what he feels inside, not what he really does; they focus on psychological matters, with the inward rather than the outward. Their main objective is to reshape man’s manners in order to help him achieve spiritual grace. One of the Sufis is quoted to have said: “Good manners are what make a good Sufi.”

Actually, the early Sufis set a good example by sticking to the teachings of Islam as conveyed by the Glorious Qur’an and the Prophetic Tradition. Besides, they did their best in propagating Islam, in fact, many people were converted to Islam by these great Sufis who left no stone unturned in waging war against heresy, atheism and polytheism.

On the other hand, history also recorded bad examples laid down by some Sufis who formulated ideas that have no basis in Islam. Part of these ideas is the difference between reality and perception, in the sense that man should not be judged by his apparent acts (i.e. by what we perceive of him), rather he should be judged by the state of his mind (i.e. by what he really feels inside). Through this one may find some excuses for his misdemeanor. They also say that the inner feelings of a Sufi are his source of guidance; through them he knows the lawful and the forbidden. That is why they always find faults with the scholars of Hadith who always say "So-and-so quotes so-and-so as saying…" They find such narration as inauthentic. Rather, a genuine statement, approved of by the Sufis, should begin with: “I was inspired by my Lord that” They also used to mock the scholars of Hadith saying: “You are fond of narrating statements from mortals. But we, Sufis, narrate our statements from Allah, the Everlasting Lord.” With this they claim to have a direct link with heavens. All such baseless ideas led the Sufis to take their students as worthless figures; they say: “In front of their Sufi masters, students are just like a helpless corpse at the

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control of those who wash it.” Not only that, they even deprive the students of the right of seeking more information from masters; they consider such act as a starting point of failure.

To say the fact, such a perverted attitude of this group of Sufis has taken its toll on today’s youth who are driven by ignorance to take all that they hear for granted. Such exaggeration results in weakening the character of the Sufi under the authority of his Sheikh, as the Sufi becomes so helpless like a dead between the hands of his undertaker or the one who washes him. Thus, they develop a negative and passive attitude towards oppression and injustice, thanks to what their Sufi masters tell them that “Render unto Caesar the things which are Caesar’s, and let the Lord of man take care of man.”

However, as a spot of light seen at the end of the tunnel, some Sunni scholars as well as early virtuous Muslims (Salaf) have tried their best to reform many Sufi ideas with the teachings of the Qur’an and the Prophetic Tradition.

One of the great scholars whose efforts are undeniable in this respect is Ibn Al-Qayyim who wrote a book entitled Madarij As-Salikin ila Manazil As-Sa’irin. This book is written purposefully to explain the book written by Sheikh Isma`il Al-Harwi Al-Hanbali, entitled: Manazil As-Sa’irin ila Maqamat Iyyaka Na`budu Waiyyaka Nasta`in. The book is in three volumes, one can resort to it to coordinate between the Sufi ideas and the teachings of the Qur’an and Sunnah.

By and large, we should try to take from Sufi ideas what corresponds to the teachings of Islam, such as the one that calls to noble values of mutual love, as well as one that teaches one how to get rid of psychological ailments and to attain spiritual grace.

In fact, there are some examples of good Sufis, with some minor exceptions, from whom one can understand better this form of worship. Imam al-Ghazali is one of such moderate Sufi figures whose ideas go in line with the teachings of Islam.”

Details of FatwaTitle of Fatwa Medicine Containing Haram IngredientsDate of Reply 31/Jul/2003Topic Of Fatwa MedicineQuestion of Fatwa As-Salam `alaykum, scholars. I am a Muslim living in the

West and I know of a Muslim sister who has a very bad disease. The medication for that disease has some substance derived from the glands of pigs. Can she use it since nothing else is available? Please answer promptly!

Content of ReplyWa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner! Thank you very much for your good question, which reflects your

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search for knowledge and the desire to live according to the guidance of Islam. May Allah increase you in knowledge and grant you success in this world and in the afterlife.

Islam cares much for the well-being of its followers. It never allows a Muslim to destroy himself or others or cast himself into destruction by his own hands. This is clear in the so many Hadiths of the Prophet (peace and blessings be upon him) and so many Qur'anic verses.

Coming to your question, following is what the prominent Muslim scholar Sheikh Yusuf Al-Qaradawi wrote in his book The Lawful and the Prohibited in Islam, under the title “Medical Necessity”:

“Concerning the question of whether some of the prohibited food substances (like pig meat or ingredients) can be used as medicine, there is a difference of opinion among jurists. Some do not consider medicine to belong in the category of a compelling necessity like food, and in support of their position they cite the Hadith: "Assuredly Allah did not provide a cure for you in what He has prohibited to you." (Reported by Al-Bukhari on the authority of Ibn Mas`ud.)

Others consider the need for medicine equal to that of food, as both are necessary for preserving life. In support of their position that prohibited food substances may be used as medicine, they argue that the Prophet (peace and blessings be upon him) allowed `Abdur-Rahman ibn `Awf and Az-Zubayr ibn Al-`Awwam to wear silk because they were suffering from scabies. (The text of this Hadith is quoted in the subsection of this book entitled "Clothing and Ornaments.")

Perhaps this latter view is closer to the spirit of Islam which, in all its rules and teachings, is concerned with the preservation of human life. However, taking medicine containing some haram (prohibited) substances is permissible only under the following conditions:

1. The patient's life is endangered if he does not take this medicine.

2. No alternative or substitute medication made from entirely halal (lawful) sources is available.

3. The medication is prescribed by a Muslim physician who is knowledgeable as well as Allah-fearing.

We may, however, add that on the basis of our own observations and the opinions of expert physicians, we have arrived at the conclusion that there hardly exists any medical necessity which requires ingesting what is haram, as for example, taking medicine. Nevertheless, we have stated this principle in case a Muslim happens to be in a place where he cannot find medications other than those which contain haram substances."

Based on the above mentioned, this sister has to try to find a lawful alternative first. If there is nothing, then she can use that medication after consulting a trustworthy Muslim physician. She should exert efforts to her best in this regard.

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Details of FatwaTitle of Fatwa The Use of Henna for Men and Women in WeddingsDate of Reply 29/Jul/2003Topic Of Fatwa Dress & AdornmentCountry Applied IndiaQuestion of Fatwa Dear scholars, As-Salamu `alaykum. According to our

custom, at the time of the wedding, henna is applied on the bridegroom’s hands, little finger, or some even apply henna on the feet. Is it permissible in Islam? Jazakum Allah khayran.

Content of ReplyWa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we commend your pursuit of knowledge and your eagerness to seek what is lawful and avoid what is not. We earnestly implore Allah to bless your efforts in this honorable way.

As regards your question, dyeing the hands and legs of men with henna is either forbidden or undesirable, as it falls within the area of imitating women, which is not allowed in Islam. However, if the use of henna is for medication, then it is permissible.

For women, however, dyeing the hands and legs with henna is a form of adornment and beautification. It is generally permissible and recommended for women to beautify themselves for their husbands, whether on the wedding day or any other occasion. Dyeing the hands and legs with henna for women was a pre-Islamic practice that Islam accepted.

Elaborating on this, we cite for you the fatwa issued by the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi:

"Muslim scholars ruled on the use of henna by both men and women. They regarded it desirable and recommendable for women to use henna on their hands and legs, as this was a pre-Islamic practice that Islam accepted. This is highly recommended for a married woman if her husband likes it. But if the husband dislikes it, then it is not recommended. It is a mutual right for both husband and wife that they beautify themselves for one another. The use of cosmetics or makeup nowadays falls within this category, and a wife will be rewarded for using it if her intention is to please her husband by beautifying herself for him provided that it is not harmful and she does not use it extravagantly. As for dyeing the hands and legs with henna for men, Imam ash-Shafi`i views that this is forbidden unless there is a medical necessity for using it, as Islam forbids men from copying women. The Prophet (peace be upon him) said, “Allah has cursed men who copy women as well as women who copy men.”

Imam An-Nawawi said that this ruling is supported by the authentic Hadith reported by al-Bukhari and Muslim that the Prophet forbade men to use saffron. It is prohibited

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because of its color, not its scent, as the scent of perfume is recommended, and hence henna is similar to saffron in respect to its color.

Some other scholars view that it is only disliked for men to use henna on their hands and legs stating that the prohibition here implies undesirability, and I prefer this opinion. In this respect, there is the Hadith reported by at-Tirmidhi on the authority of Ya`la ibn Yahya who said that the Prophet (peace and blessings be upon him) saw a man applying or having the traces of khaluq (yellow scent) on his body, so he ordered him to go and wash it off and never do this again. An-Nawawi states that there are several other Hadiths that forbid the use of khaluq by men, but women are permitted to use it. At-Tirmidhi recorded this Hadith under the title, ‘It is undesirable for men to use saffron and khaluq’. Khaluq is disliked for men because it involves imitation of women and aspects of softness."

Details of FatwaTitle of Fatwa Zakah on JewelryDate of Reply 07/Sep/2003Topic Of Fatwa Zakah on Gold, Silver & JewelryCountry Applied IndiaQuestion of Fatwa As-Salamu `alaykum! What is the minimum amount of

Jewelry required for paying Zakah?Name of Mufti Yusuf Al-Qaradawi

Content of ReplyWa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear sister in Islam, we are very pleased for the great confidence you repose in us and we really commend your apparent interest in having a better understanding of the teachings of Islam and the rulings of this great religion in all matters. In fact, Islam is a religion that encompasses all aspects of life and secures guidance and light for all mankind.

In his response to your question, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

"There is no authentic hadith that explicitly confirms or negates that there is an amount of Zakah due on a woman’s jewelry. That is why jurists have differed concerning the hadiths which are narrated in this regard.

Muslim scholars unanimously agree that Zakah is obligatory in the prohibited jewelry, as when a man wears gold jewelry. As for the jewelry that is halal for woman, it is permissible that she pays Zakah on it in a percentage of 2.5 % every year. This is better for her, brings her closer to Almighty Allah, and makes her more reassured concerning the fulfillment of her religious duties, especially if she is not wearing it, but keeping it for selling. Yet still, for any woman who does not pay Zakah on her jewelry, no one is to compel her to

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pay it."

Fatwa Question DetailsName Chahida   - MoroccoTitle Donating the Money Allocated for Udhiyah

Question

Is it Islamically allowed for a Muslim family, during `eidul-dha or the `eid of Sacrifice to donate the money allocated for buying a sacrificial animal or one should buy the animal and offer the donation if possible?

Date 07/Jan/2006Mufti Yusuf Al-QaradawiTopic Udhiyyah (Animals of Sacrifice)

AnswerIn the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear sister in Islam, thank you very much for having confidence in us, and we hope our efforts, which are purely for Allah’s Sake, meet your expectations.

We implore Allah, from the depth of our hearts, to guide the baffled Muslim Ummah to the safe shore, and to bless and accept our good deeds, Amen.

In his response to the question, the prominent Muslim scholar Sheikh Yusuf Al-Qaradawi, states the following:

Slaughtering the animal is more preferable than donating the money allocated for it, for that is part of Islam's rituals and a mode of seeking Allah's Pleasure, as Allah said, (...So pray unto they Lord, and sacrifice...) (Al-Kawthar 108: 2)

Muslims slaughter animals during `eidul-dha in emulation of Prophet Abraham who was about to slaughter his son, Isma`eel (Ishmael), to show obedience to Almighty Allah, when Ishmael was redeemed by a ram brought to Abraham by Angel Gabriel. The Angel then conveyed to him Allah's Command to slaughter the ram instead.

This act henceforth became a Prophetic Sunnah followed by Muslims. So to slaughter the animal in the `eid is better than donating the money, for if all Muslims were to do that, this virtuous tradition will become obsolete.

However, a donation can be made posthumously on behalf of a person who dies before fulfilling a religious duty of offering a sacrificial animal, if it will be useless to present a sacrificial animal due to, say, for instance, people are not in need of meat.

In short, it is preferable to slaughter animal and offer monetary donation if possible.

Details of FatwaTitle of Fatwa Hunger Strike of Palestinian Prisoners

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Date of Reply 09/Sep/2004Topic Of Fatwa Relations during WarQuestion of Fatwa Dear scholars, As-Salamu `alaykum. What is the legal

ruling concerning the hunger strike undertaken by the Palestinian prisoners in Israeli prisons? Jazakum Allah khayran.

Name of Mufti Group of MuftisContent of Reply

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His sake.

We earnestly implore Allah to grant our dear brothers and sisters in Palestine an outstanding victory.

Regarding your question, a group of Muslim scholars hold the opinion that it is permissible for the Palestinians incarcerated in Israeli jails to undertake hunger strikes as long as they have no other weapon to express their opinion and to draw the attention of the international community. However, it is stipulated that such strikes must not lead to the death of those prisoners as death in this case will be a kind of suicide, which is strongly forbidden in Islam.

Responding to the question, the eminent Muslim scholar Sheikh Yusuf Al-Qaradawi states:

The prisoners in Israeli jails who are going on a hunger strike are defending a just cause, and strike is an internationally recognized means to disclose crimes and injustice practiced against them. Hence, all Muslims should support those strivers in their adversity in all possible ways: sit-in strike, demonstration, moral support by fasting for example, or through sending telegrams and issuing statements condemning the Israeli atrocities.

This will show those prisoners that all Muslims are standing by them. We, as Muslims, should help Palestinians by all ways, for they are entitled to receive zakah or revenues of endowment. They even deserve the doubtful money of banks (that is, money that is uncertain whether it is lawful or not); if such money is forbidden to its owners, it is regarded as lawful for Palestinians. Since we are not able to supply them with arms, then we should at least provide them with food, clothing, and relief supplies. Moreover, Sheikh Faisal Mawlawi, deputy chairman of the European Council for Fatwa and Research, states:

It is permissible for the Palestinians imprisoned in Israeli prisons— or even for the prisoners in Muslim countries—to undertake a hunger strike in case they are suffering from violation of their human rights, as long as this is the only way through which they can make progress in these times. Furthermore, the prisoners have the right to go on such a strike even if it does not bring about positive results

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concerning their rights. That is because it will at least draw the attention of the public opinion, either nationally or internationally, to the inhuman practices that are committed against prisoners.

However, the following points should be taken into consideration; otherwise, the strike may lead to committing illegal acts:

First, the strike must not turn into fasting as legally known in Islam, for fasting is an act of worship that should not be turned into a means of protest against authorities. Furthermore, it is not legally permissible for the one fasting to continue fasting for several days without breaking his fast, but he must eat after sunset. Thus, the strikers should have some water or any other drink in order not to be regarded as observing continual fast.

Second, such a strike must not lead to death, for at this point it would be similar to committing suicide, which is considered one of the major sins. So the strikers should have some water and some food when they feel extremely exhausted in order not to cause themselves to die. Sheikh Muhammad Husain Fadl Allah, the well-known Shiite jurist of Lebanon, also states:

Hunger strike is legally permissible in principle, but the striker must preserve his life as much as possible, except in case of a pressing necessity. In addition, Dr. Muhammad Mahrus Al-A`zhami, head of the Fatwa Committee at the International Union for Muslim Scholars (IUMS), Iraq, states:

Generally speaking, hunger strike causes harm or even death, which is legally forbidden, as Allah Almighty says: “And do not kill yourselves (nor kill one another)” (An-Nisaa’: 29). Yet, since the hunger strike has become nowadays one of the effective actions, then the oppressed have the right to make use of any means which may ward off oppression and let those in authority hear their voices, especially in this modern age in which people pay attention to such acts of protest. Therefore, this practice is permissible in case of necessity after using all other means. In this case, Israel left Palestinians and Muslims no other choice, so they are permitted under necessity to use such a kind of protest to make humanitarian organizations and international bodies listen to their voices. We sincerely ask Allah to save them from their adversity through this practice.

Fatwa Question DetailsName Hany   - OmanTitle Fasting `Ashura’ in Accordance with the Jews

Question

Dear scholars, As-Salamu `alaykum. It was reported that when the Prophet (peace and blessings be upon him) arrived in Madinah and found the Jews celebrating `Ashura’ by fasting, he ordered the Muslims to fast as well. How would you explain the fact that he (peace and blessings be upon him) had forbidden Muslims before to copy the People of the Book in many things, yet he allowed this? Jazakum Allah khayran.

Date 09/Feb/2006Mufti Yusuf Al-QaradawiTopic Kinds of Fasting

Answer

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Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake. May Allah reward you abundantly for your interest in knowing the teachings of Islam!

Studying the traditions reported with regard to fasting `Ashura', we find that the Prophet (peace and blessings be upon him) did not initiate the fasting of `Ashura' in Madinah. Rather, he used to fast it before Hijrah and even Arab used to fast it. As regards the Prophet's saying that Muslims are closer to Musa than the Jews are, this is meant to establish the significance of this day and to teach the Jews that Allah's religion, propagated by all prophets and messengers, is one and the same.

Shedding more light on the question at hand, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states the following:

The Hadith mentioned here is unanimously agreed upon. After the Hijrah when the Prophet (peace and blessings be upon him) came to Madinah, he found that the Jews of Madinah used to observe this day by fasting. The Prophet (peace and blessings be upon him) asked them the reason for their fast. They replied, “This is a blessed day. On this day Allah saved Musa and the Children of Israel from their enemy and so Prophet Musa fasted on this day (giving thanks to Allah).” The Prophet (peace and blessings be upon him) said, “I am closer to Musa than you are.” He fasted on that day and commanded the Muslims to fast on that day. (Reported by Al-Bukhari)

A Muslim may wonder why the Prophet observed fast on the same day as the Jews while he previously ordered the Muslims not to follow the non-Muslims.

However, anyone who has carefully studied the Hadiths concerning the fasting of `Ashura’ will discover that the Prophet (peace and blessings be upon him) used to fast on this day even before he emigrated to Madinah. The Arabs before Islam used to fast on that day and glorified it, and it was the day when they used to cover the Ka`bah. In doing so, they were following their predecessors. It is reported from `Ikramah that Quraysh committed a sin in the Jahiliyah (pre-Islamic era) and they regretted it and were sorry, so they were advised to fast that day to expiate their sin.

Thus, the Prophet neither fastd `Ashura’ in accordance with the Jews nor did he started fasting it in Madinah. When He (peace and blessings be upon him) said, “We are closer to Musa than you are,”, and when he fasted and ordered the Muslims to fast on that day, he was, in fact, affirming the significance of this day and delivering a message to the Jews that Allah’s religion is one at all times. All the Prophets are brothers and each has contributed towards the establishment of the truth. Thus, The Muslims are more entitled to follow all the previous prophets more than those who claim adherence to the prophets while they falsified their books and altered their religion. So if the day of `Ashura’ celebrates the ill fate of Pharaoh and the victory of Musa, it is also a victory for the truth; the same truth that was revealed to Muhammad and upheld by him. Since Musa (peace and blessings be upon him) fasted this day as a way of thanksgiving, the Muslims are more entitled to follow him

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than the Jews.

Besides, it is to be born in mind that this agreement between the Muslims and the Jews in fasting this day occurred in the early days of Muslims in Madinah. The Prophet, in fact, liked to be in line with the People of Book in non-prohibited matters in pursuit of attracting their hearts and winning them over to his cause.

Later, when their hatred and animosity toward the Prophet and the Muslims were made manifest he ordered the Muslims not to follow them in their way of fasting. However, to keep the significance of the day, the Prophet said, “Observe fasting on the day of `Ashura’, but differ from the Jews and fast one day before it and one day after it.”(Reported by Ahmad)

The question we are answering here had actually confused the Companions of the Prophet themselves; though The Prophet was keen that the Muslims should not follow the Jews or the Christians, he observed fasting `Ashura' and ordered them to observe it. So, they said to him, as reported by in `Abbas, “O Messenger of Allah, this is a day that is glorified by the Jews and the Christians.” The Prophet (peace and blessings be upon him) said, “In the following year, Allah willing, I shall fast (also) on the 9th day.” But the Prophet passed away before the coming of the next year.

It can be concluded from this answer, and from other reports, that the Prophet (peace and blessings be upon him) made an additional day of fasting so as to differntiate between the way Muslims observe fasting on that day and the way of the Jews.

Ibn Al Qayyim said there are three categories of fasting the day of `Ashura’. The first is to fast three days, i.e. the day of `Ashura’, a day before it and a day after it. The second is to fast the ninth day and the day of `Ashura’. There are many Hadiths that refered to this category. The third is to fast on the day of `Ashura’ only.

Fatwa Question DetailsTitle Reforming Political Corruption

Question

According to the teachings of Islam, changing evil is an Islamic duty that can be done on three levels — changing something, speaking out against it, or detesting it. Nowadays there is much talk about political evil. Are today's common evils (munkarat ) in the political scene included in the types of evils that should be changed? Or is changing evil confined to what is referred to in Shari`ah as unlawful, such as adultery and alcohol? If the duty of changing evil extends also to politics, what is the stance of Islam towards the one who keeps silent regarding political corruption?

Date 19/Feb/2006Mufti Yusuf Al-QaradawiTopic Morals & Manners

AnswerIn the Name of Allah, Most Gracious, Most Merciful.

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All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Thanks for your question, and we earnestly implore Allah to guide us all to the best ways by which we can lead our lives according to the teachings of Islam.

Indeed, the evil (Arabic fasad) that Muslims should change, according to their capability as stated in a Prophetic hadith, includes all kinds of vile acts and abominable things that take place in society. Islam urges Muslims to try their best to change evil within the limits clarified by the Shari`ah. In addition, the Qur'an and the Sunnah contain clear texts that severely criticize the one who remains silent to the evil and vile acts committed.

Responding to the question, the eminent Muslim scholar Sheikh Yusuf Al-Qaradawi states the following:

The texts in the Qur'an and the Sunnah that severely condemn remaining silent to evil acts committed in the society deeply affect anyone who has an atom's weigh of faith in his or her heart. This condemnation holds whether the one committing evil is

a ruler or one of the ruled. Allah Almighty says: [Those of the children of Israel who went astray were cursed by the tongue of David, and of Jesus, son of Mary. That was because they rebelled and used to transgress. They restrained not one another from

the wickedness they did. Verily evil was that they used to do!] (Al-Ma'idah 5:78-79).

The Prophet (peace and blessings be upon him) is also reported to have said, "He who amongst you sees an evil should change it with the help of his hand; and if he has no strength enough to do it, then he should do it with his tongue, and if he has not strength enough to do it, (even) then he should

do it with his heart, and that is the least (sign) of faith" (Muslim).

In this regard it is a mistake to think that evil is confined to the unlawful acts such as adultery and drinking alcohol.

A ruler's humiliating his subjects is an evil; forging elections is another evil; and refraining from voting is also an evil because it passively leads to giving authority to people unworthy of bearing public responsibility. Evil also encompasses misappropriating public funds; monopolizing goods that people need; detaining people without legal evidence; torturing detainees in prisons; giving or taking bribes, and mediating between givers and takers of bribes; adulating rulers; taking Allah's enemies and the enemies of the Muslim Ummah as friends, etc. Hence, we find that the meaning of evil includes many things that people regard as sheer political affairs.

It does not befit true Muslims who sincerely seek to please Almighty Allah to stand inactive before such vile acts on the pretext that they fear to take serious steps towards reform, or that they want to be on the safe side anyway.

Should this negative spirit spread in the Muslim Ummah, it would no longer be able to undertake the responsibility towards guiding the world, and it would then become

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a nation other than the one Almighty Allah describes by saying [Ye are the best community that hath been raised up for mankind. Ye enjoin right conduct and forbid

indecency; and ye believe in Allah] (Aal `Imran 3:110).

The Prophet (peace and blessings be upon him) also warned the Muslims against adopting negative (apathetic) attitudes of this kind as he (peace and blessing be

upon him) is reported to have said, "Should it occur that the people of my Ummah have such extreme fear that they become unable to say to the

unjust people 'You are wrong,' they would no longer be worthy of life" (Ahmad).

Dictates of faith require Muslims not to stand helpless in the face of evil, whatever be its kind — political, economic, intellectual, social, etc. Rather Muslims should exert their utmost efforts (while making use of all possible legal channels) to change evil. If they cannot do actual things to change it, they are to try this by expressing their refusal openly; and if still they cannot do this, they are to resort to the least attempt of reform, that is, to abhor it in their hearts, which is considered as "the least (sign) of faith" according to the Prophet's hadith referred to above.

The Prophet (peace and blessings be upon him) considered abhorring evil from one's heart as a kind of changing it, as it is a psychological and intellectual mobilization on the way of refusing it. Therefore, it is not a total submission to and acceptance of the evil as some people may think. Had it been so, it would not have been referred to in the hadith as a kind of changing evil.

Constant abhorrence of evil will certainly result someday in something positive in the way of resistance; it may be then in the form of revolution and utter change of affairs.

There is another hadith of the Prophet (peace and blessings be upon him) that referred to changing the evil with one's heart as a kind of jihad, though also considered here as the lowest rank of jihad. The Prophet (peace and blessings be

upon him) is reported to have said, "There was no prophet sent by Almighty Allah to a community before me but he would find supporters and companions who would follow in his footsteps and abide by his teachings. Then there came (after them) generations that would say (that is, preach) what they would not act upon and do what they had not been given instructions to do. He who can perform jihad against (resist) those people with the help of his hands is a believer; he who can do this with his tongue is also a believer; and he who can do this (even) with his heart is a believer too. There is no atom of faith beyond this (that is, seeking resistance with

any of these means)" (Muslim).

However, individual efforts may fail to resist evil, especially if it has prevailed in such a monstrous way that it is practiced by the very people who are supposed to fight against it. I mean here the rulers and people in authority. If the case is so, combining efforts to resist evil by all possible and lawful means becomes a religious duty upon

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the political parties and organizations that seek reform. It is a kind of seeking cooperation on that which is good and righteous for the good of people.

Fatwa Question DetailsName Husain   - IraqTitle Sunnis & Shiites: Overlooking Differences

Question

Respected scholars of Islam, as-salamu `alaykum. We all know that there are differences between the Shiites and Sunnis. However, to what extent do they differ in opinion? Can such differences be overlooked? What should they give priority to? 

Date 22/Feb/2006Mufti Yusuf Al-QaradawiTopic Muslim Belief

AnswerWa `alaykum as-salamu wa rahmatullahi wa barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner! Thank you for your question and the confidence you place in our service. We pray to Allah to enable us render this service purely for His Sake.

 

Islam calls for unity and solidarity. Both Sunnis and Shiites are required to work together and try to overcome their points of difference or forget about them, simply because the Ummah is facing a plight and both parties are targeted by one enemy.

Here, we’d like to stress the fact that at a time when the enemy of Islam encroaches the Muslim Ummah, elements of enhancing unity should dominate and disputes between different Muslim groups and sects are to be avoided.

Hence, Muslims should beware of all routes and channels that may lead to divisions, differences and conflicts among them. They should abide by the Qur’an and Sunnah, which are the assured means of salvation. Almighty Allah says: (And hold fast, all of you together, by the covenant of Allah and be not divided among yourselves; and remember with gratitude Allah's favor on you; for ye were enemies and He joined your hearts in love, so that by His Grace, ye became brethren; and ye were on the brink of the pit of Fire, and He saved you from it. Thus doth Allah make His Signs clear to you: That ye may be guided. ) (Aal `Imraan 3: 103)

In our day and age, it is more important to stress points of agreement rather than points of disagreement and to try to bring a bridge between the Sunnah and the

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Shi`ah without compromising any Islamic values, because what unites Muslims is much greater than what disunites them. 

 In this regard, the eminent Muslim scholar Sheikh Yusuf Al-Qaradawi states:

It is important for the Sunnis to concentrate on the points of agreement, not difference, when having dialogues with the Shiites, especially that the points of agreement are on the fundamental issues of religion, while the points of difference have to do with the minor ones.

Points of Agreement

1. They believe in Almighty Allah, the Day of Judgment, Prophet Muhammad (peace and blessings be upon him) as the Seal of Prophets who was sent by Almighty Allah (to mankind and jinn) to complete the Heavenly Messages sent before him. Believing in all that Prophet Muhammad (peace and blessings be upon him) was sent with is part of having faith in all the Heavenly Books and all Allah's Messengers (peace and blessings be upon them). Allah Almighty says: (The Messenger believeth in that which hath been revealed unto him from his Lord and (so do) believers. Each one believeth in Allah and His angels and His scriptures and His messengers—we make no distinction between any of His messengers—and they say: We hear, and we obey. (Grant us)Thy forgiveness, our Lord. Unto Thee is the journeying) (Al-Baqarah 2: 285). These are the pillars of faith on which both groups agree on.

2. They believe in the Glorious Qur'an as Allah's illuminating Book that guides to the right path. Allah Almighty says: (We have, without doubt, sent down the Message; and We will assuredly guard it (from corruption)) (Al-Hijr 15: 9). [Message in this verse refers to the Glorious Qur'an.] There is no difference between the Sunnis and Shiites concerning the Qur'an being Almighty Allah's word. It is on this Book that religious scholars depend in holding comparative dialogues with people of other religions, concluding juristic opinions, guidance, etc. Allah Almighty says: (So judge between them by that which Allah hath revealed, and follow not their desires, but beware of them lest they seduce thee from some part of that which Allah hath revealed unto thee. And if they turn away, then know that Allah's Will is to smite them for some sin of theirs. Lo! And truly most men are rebellious. Is it a judgment of the time of (pagan) ignorance that they are seeking? Who is better than Allah for judgment to a people who have certainty (in their belief)?) (Al-Ma'idah 5: 49-50)

According to this verse, Allah Almighty warned the Prophet (peace and blessings be upon him) against succumbing to the desires of the People of the Book or other misled people when it came to judging between them, lest they might cause him to deviate from some part of what Allah revealed to him. This indicates that all that Allah has revealed should be followed by Muslims.

3. Both groups also agree that Muslims are to abide by the Five Pillars of Islam, i.e., to testify that there is no god but Allah and that Muhammad (peace and blessings be upon him) is His Messenger, to perform the specified prayers, to give zakah, to observe fast in the month Ramadan, and to perform pilgrimage. The difference in opinion between the two groups regarding some rulings pertaining to these pillars is

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something that is quite normal. It is like the scholarly difference in opinion among the Sunni schools themselves, such as the Hanbali, Hanifi, and Maliki schools.

Relevant books on the different juristic points of view, like Nail Al-Awtar by Imam Ash-Shawakani (may Allah have mercy upon him), refer to eminent scholars of jurisprudence from among the Sunnis and Shiites on equal footing. Reading one of these books, one does not feel that there is a crucial difference between the Shiite schools and the Sunni ones. This does not apply only to the acts of worship, it includes also transactions.

It is true that the Shiites do not recognize the Sunni reference books on the Prophetic hadiths, such as Al-Muwatta' by Imam Malik, Imam Ahmad's Musnad, Sahih Al-Bukhari, SahihMuslim, Sunnan Abu Dawud, Sunan Ibn Majah, Sunnan Ad-Daramy. However, most of the authentic hadiths referred to in these books were also regarded as authentic by the Shiites through one of two ways: regarding them as Prophetic hadiths reported by other chains of reporters agreed upon among them as trustworthy, or regarding them as points of view (not Prophetic hadiths) peculiar to their Shiite imams.

Anyway, the most important point to be taken into account is that there is a great deal of agreement between the Sunni jurisprudence and the Shiite one. This is because both depend on the same sources, the Qur’an and the Sunnah, and also because their aims in conducting research on religion are similar, that is, establishing Allah's justice and mercy among people.

Furthermore, if we are to make serious researches on the Sunni opinions, we will find that some Shiite views that seem eccentric to us have been also adopted by some Sunni scholars.