AMJA Declaration on Home Financing in America

* This declaration is taken from their website, here. It came after a conference where the different companies were invited and the scholars debated and discussed the details of each company’s offerings. The scholars who sit on the council are very knowledgeable and reputable. More info can be found here.

 

بسم الله الرحمن الرحيم

In the name of Allah, the Compassionate, the Merciful

All praise are due to Allah alone and may the peace and blessings be upon the Messenger of Allah. To proceed:

The AMJA Fiqh Committee Resident Fatwa Committee met in Houston on the 20-22 of Dhul-Qadah 1435 A.H. (September 15-17 2014 C.E.) in order to issue a resolution concerning Islamic Home Financing in the United States. This meeting took place after an entire conference had previously been held on this topic, in which papers were discussed in the presence and with the participation of representatives of most of the relevant companies. This was followed up by correspondence between the Resident Fatwa Committee  Fiqh Committee and those companies with an attempt to clarify and respond to the Shareeah issues that are present in their contracts. Sh. Jamaal Zarabozo (may Allah preserve him) also participated in this meeting in Houston.

After looking into the matter, the Committee Resident Fatwa Committee (RFC) decided upon, according to the majority of its members, the following resolution:

First, the Shareeah fundamentals concerning the companies that deal in Islamic home financing:

Companies that deal with Islamic home financing in the United States may be divided into three categories:

The first group is comprised of those companies whose contracts, in general, are in agreement with the Shareeah. They are assisted by the fact that they are not in need of selling their contracts to the Public government-sponsored enterprises  federal, interest-based organizations [such as Freddie Mac]; this gives them the freedom to design their contracts in a manner in accord with the Shareeah without facing any restrictions from Public government-sponsored enterprises  interest-based financing institutions. At the same time, though, it is noted that the capabilities of these companies are quite limited. They are able to supply houses in the tens [as opposed to the thousands]. Furthermore, their availability is limited to certain states. Thus, they are not truly able to fulfill the needs of the millions of Muslims who reside in America.

The ruling of the RFC Committee is that it is permissible to deal with and purchase homes from companies of this nature.

The second group is comprised of those companies whose contracts, in general, avoid falling into explicit interest (Ribaa). They do not deal with interest-based loans. Instead, they deal in types of contracts that are permissible in the Shareeah in general, such asMurabahah cost-plus purchase order, Musharakah diminishing partnership and Ijarah rent-to-own. Many of the people who run these companies, we noticed, are anxious to avoid forbidden transactions and have exerted a great deal of effort with their legal advisors to produce legally sound contracts that will allow them to avoid what the Shareeah would consider void contracts. However, their contracts do contain some forbidden components, such as invalid clauses, inequity, undue risk, unknown quantities and the like. Additionally, they need to invoke exemptions allowed by the jurists and resort to an improper mixing of different schools of jurisprudence in order to devise a Shareeah-based way out [of the problem of interest]. In order to meet the large demands of the millions of Muslims residing in America, these companies are in need of selling their contracts to the federal institutions, such as Freddie Mac. These federal, interest-based institutions put a number of restrictions on them that virtually prevent their contracts from being free of these Islamic violations. These violations differ in intensity from one company to another.

The ruling of the RFC Committee specifically concerning this set of companies is that there is an exemption to buy through them in the case of need or dire need, depending on the different intensities of violations and the fact that need must be dealt with according to its severity.

We encourage these companies to continue their efforts in developing their contracts in order to bring an end to their shortcomings that the Committee has noted. If someone can find an alternative and not deal with these companies, he will be safe and will be protecting his faith and his honor.

The third group is comprised of companies that still continue to deal in interest-based loans. Their contracts are no more than offshoots of traditional interest-based loans or simply a form of impermissible legal stratagem to get around the prohibition of interest. The ruling of the RFC Committee with respect to these types of companies is that it is not allowed to purchase homes through them. We advise those who are administering these contracts to adjust them and make them proper.

Second, the Committee would like to emphasize that this ruling on this issue is directed towards those who wish to deal with these companies to purchase real estate via their financing and contracts and the ruling holds as long as the contracts are as they are in the present state and the modes of purchase are as they are now. Any change in their contracts or manner of execution would therefore require a change in the ruling.

As for the companies themselves, this ruling is actually in need of more clarification from them concerning their relationship with the Public government-sponsored enterprises federal financing institutions [such as Freddie Mac], a matter concerning which the RFC Committee was not able to receive a detailed clarification.

Third, “need” is that which is desired by an individual or society to make things easier on them and remove constraints. If one is lacking what is determined to be a “need,” then the individuals or the society face hardships and difficulties that go above and beyond the customary efforts required of individuals by the Shareeah. People may differ in estimating those hardships. However, the RFC Fatwa Committee views owning houses to be a general need of the Muslim population in America. As for determining the level of need for specific individuals, this would depend on the availability of a substitute in the form of being able to rent without being caused harm.

Fourth, below is the application of these principles to the Islamic financing companies that are operating throughout the United States:

Guidance Residential: They are based on a diminishing partnership with rent to own ending in ownership model in their relationship to the purchaser. Their contract is sound in general. However, it contains some Shareeah violations with respect to maintenance, taxes and insurance, as these expenses are not distributed in a just manner according to percentage of ownership.

The ruling of the RFC Committee concerning this company is that it is permissible to deal with them in the face of need. The representatives of this company are advised to review those defective portions of their contract.

Ameen Housing: They are based on a diminishing partnership with rent to own ending in ownership model in their relationship to the purchaser. Their contracts are not sold to the federal institutions [such as Freddie Mac]. They also avoid explicit interest in their transactions. However, their contract does contain some Shareeah objections glitches , such as unfairness in the percentage that they discount in the rent to take care of basic maintenance, expenses that be more or less than that discounted amount. Additionally, they have just introduced a late payment fee [which is another violation of Shareeah principles].

The ruling of the RFC Committee is that there is no harm in dealing with this company in case of need, although one should do one’s best to make one’s payments on time in order to avoid the late payment fee. The Committee also encourages the company to abstain from those aspects pointed out by the Committee.

Devon Bank: This company has two types of Islamic contracts:

The first contract is Murabahah a cost-plus purchase. This contract is surrounded by doubts concerning whether the bank truly owns the property before it is readied for sale. In addition, this contract also contains some defective or problematic conditions or aspects of great unfairness, such as with respect to (a) the bank having exclusive benefits from insurance payouts while requiring the purchaser to pay for the insurance, (b) the bank’s right to freeze the purchaser’s account simply on the suspicion that he will not be able to make his payments, (c) the bank’s right to declare the purchaser in default if he does not use the property as a residence or due to his death although heirs have the right to continue the contract after his death, in fact the cost-plus purchase contract states that the heirs are bound by the contract.

The ruling of the Committee is that there is no harm in dealing with this [contract of] this company in the presence of dire need. Whoever remains away from it has kept himself safe and has protected his faith and honor.  The Committee advises the Bank to correct these aspects and to affirm the ownership of the property before selling it and to avoid the other invalid conditions as much as possible.

The second contract is a rent to own contract. This also contains a number of Shareeah violations and invalid conditions, including having two different contracts (sale and lease) at one time, about one item during one time period. Various Fiqh councils have ruled that this model is not permissible as the legal effects of the two types of contracts are contradictory. This may be corrected by separating the two contracts by making them independent of each other time-wise, such that the sale contract is done after the lease contract, which must be a true lease and not something meant to simply hide the sale. Or, they [may replace the sale] with a promise of handing over ownership at the end of the lease.

From among the defective or void stipulations that this contract embodies are the fact that the bank can evict the lessee upon default but the bank still holds him responsible for the rent until they can find a new renter, the fact that the bank does not pay for the basic maintenance of the property and the fact that the lessee is required to pay insurance while the bank retains the right of any payments from the insurance, allowing the bank to benefit while the lessee bears the cost.

The ruling of the Committee is that there is no harm in dealing with this [contract of this] company when one is in a state of dire need. Whoever remains away from it has kept himself safe and has protected his faith and honor. The Committee emphasizes its recommendation to the bank to rectify the current model by separating between the two contracts and avoiding the defective or void stipulations as much as possible.

University Islamic Financial: The same comments concerning their cost-plus model and lease-to-own models as were stated concerning Devon Bank can be repeated here. Thus, their models have the same rulings and the Committee offers them the same advice. There is an exemption to deal with this company only if one is in a state of dire need. Whoever remains away from it has kept himself safe and has protected his faith and honor.

Ijara Loan: This company starts by directing the purchaser to get a standard interest-based [mortgage] loan and then creates a trust with the purchaser a partner in the trust, in order to borrow from the bank and then get ownership of the property. After that, the trust will sell the house to the purchaser with a rent-to-own contract. The purchaser is alone in getting the interest-based loan at the beginning and then shares in it at the end.

The ruling of the Committee is that it is not allowed to deal with this company as their model contains clear and explicit interest. We advise those in charge of this company to review and correct their model and to fulfill the trust that has been put in them by those who wish to avoid interest in their financial dealings.

Lariba: The contract of this company does not differ from a traditional mortgage that interest-based banks provide. This is the overriding contract between this company and the purchaser and what they present as an Islamic form to it actually has no existence in reality and has no legal authority in case of dispute.

The ruling of the Committee is that it is not allowed to deal with this company as their model contains clear and explicit interest. We advise those in charge of this company to review and correct their model and to fulfill the trust that has been put in them by those who wish to avoid interest in their financial dealings.

Additionally, the Committee would like to emphasize that the rulings previously made that are on the AMJA website represent the views of those individual scholars and do not necessarily represent the views of the RFC Committee. Furthermore, those rulings preceded this ruling and it could be the case that some of the scholars have adjusted their views to the views of the Committee. Finally, the Committee would like to encourage those Muslims who have experience and those who have funds to invest to create a competitive Islamic alternative, perhaps a credit union among themselves which may have profit in this world and we hope also a profit in the Hereafter if the intentions are sound.

May Allah bless everyone with acts of obedience to Him and may be the blessings of Allah be upon His best creation, Muhammad, and upon all his family and all of his Companions.

بسم الله الرحمن الرحيم

الحمد لله والصلاة والسلام على رسول الله أما بعد

فقد اجتمعت لجنة الفتوى بالمجمع في مدينة هيوستن من يوم الإثنين إلى يوم الأربعاء :  20 إلى 22 من ذي القعدة 1435هـ الموافق 15 إلى 17 سبتمبر 2014 مـ لإصدار قرار بخصوص الشركات الإسلامية لتمويل شراء البيوت بأمريكا وذلك بعد أن انعقدت دورة  كاملة لمناقشة البحوث المقدمة بهذا الصدد في حضور ممثلين لمعظم هذه الشركات ، ثم ما أعقب ذلك من تواصل مع بعض هذه الشركات ولجانها الشرعية، لتلقي إجاباتهم عن الإشكالات الشرعية الموجودة في عقودهم، وشارك في الاجتماع فضيلة الشيخ جمال زارابوزو حفظه الله.

وبعد الاطلاع عليها اتخذت لجنة الفتوى بأغلبية أعضائها  قرارها التالي:

أولا: تأصيل شرعي لحال الشركات التي تعمل في مجال التمويل الإسلامي لشراء البيوت

الشركات الإسلامية لتمويل شراء البيوت بأمريكا تنقسم إلى ثلاث فئات :

الفئة الأولى : شركات عقودها في الجملة متوافقة مع الشريعة الإسلامية، ومما ساعد على ذلك أنها شركات لا تحتاج إلى بيع عقودها إلى مؤسسات الاستثمار الفيدرالية الربوية، الأمر الذي أعطاها الحرية في صياغة عقودها بكيفية موافقة للشريعة، من غير تعرض لضغوط من شركات التمويل الربوية، إلا أنه يلاحظ على هذه الشركات أن إمكاناتها محدودة، ولا تستطيع توفير بيوت للبيع إلا عددا لا يجاوز العشرات، ونطاق عملها محدود بولاية معينة، فلا تسد حاجة ملايين المسلمين المقيمين بأمريكا.

وفتوى اللجنة بخصوص هذه الفئة من الشركات هو جواز التعامل معها، والشراء عن طريقها.

الفئة الثانية : شركات عقودها في الجملة  قد تجنبت الوقوع في الربا الصريح، فلا تتعامل بالإقراض الربوي، وإنما تتعامل بعقود مباحة في الشريعة من حيث الجملة، كبيع المرابحة للآمر بالشراء، والمشاركة المتناقصة، والإجارة المنتهية بالتمليك،  وقد لمسنا من كثير من القائمين على هذه الشركات حرصا على تجنب المعاملات المحرمة، وبذلا لجهد كبير مع مستشاريهم القانونيين لإيجاد مخارج قانونية تجنبهم الوقوع في مبطلات العقود ، إلا أن عقودها قد اشتملت على بعض المعاملات المحرمة كالشروط الفاسدة، والعقود المشتملة على الغبن والغرر والجهالة ونحوه، واحتاجت إلى تتبع رخص الفقهاء، والتلفيق بين المذاهب، لإيجاد مخارج شرعية، نظرا لكونها شركات تحتاج إلى بيع عقودها إلى مؤسسات الاستثمار الفيدرالية الربويةمثل فريدي ماك ، من أجل أن تتمكن من بيع ما يكفي لسد حاجة ملايين المسلمين المقيمين بأمريكا، وشركات الاستثمار الفيدرالية الربوية تضع عليهم قيودا تمنعهم من تنقية عقودهم من أكثر هذه المخالفات، وهذه المخالفات تتفاوت من شركة إلى أخرى.

وفتوى اللجنة بخصوص هذه الفئة من الشركات هو الترخص في الشراء عند الحاجة أو الحاجة الماسّة، تبعاً لتفاوت درجة المخالفة، على أن تقدر الحاجة بقدرها.

ونحثّ هذه الشركات على مواصلة سعيها لتطوير عقودها لتلافي أوجه القصور التي نبهت عليها اللجنة، ومن توفر له بديل فاستغنى به فقد آثر السلامة، واستبرأ لدينه وعرضه!

الفئة الثالثة : شركات لا تزال تتعامل بالإقراض الربوي، وعقودها لا تعدو أن تكون استنساخا لعقود التمويل الربوية التقليدية، أو حيلاً غير مشروعة، وفتوى اللجنة بخصوص هذه الفئة من الشركات هو أنه لا يجوز الشراء عن طريقها، وننصح القائمين عليها بتصحيح عقودهم.

ثانيا: يؤكد المجمع أن فتواه في هذا الصدد تتجه إلى المتعاملين مع هذه الشركات من الراغبين في تملك عقارات من خلال تمويلها وعقودها، ما دامت العقود على ما هي عليه عند إصدار هذا البيان ، ومادام تطبيق الشركات للصّفقات على ما هو عليه ، فأي تغيير في العقود أو في طريقة تنفيذها قد يؤدّي إلى اختلاف الفتوى.

أما الشركات نفسها فيحتاج الإفتاء لكثير منها إلى مزيد من الاستقصاء حول علاقتها بشركات الاستثمار الفيدرالية، الأمر الذي لم يتسنّ للمجمع الاستفصال بشأنه، والوقوف على تفاصيله

ثالثاً:الحاجة هي ما يطلبهالأفراد أو المجتمع للتوسعة ورفع الضيق، فإذا فاتت دخل على آحاد المكلفين أو المجتمع حرج ومشقة خارجة عن المشقة المعتادة في التكاليف الشرعية. وقد يختلف نظر الناس في تقديرها، ولكن لجنة الفتوى بالمجمع ترى أن تملك البيوت للسكن يعد حاجة عامة للمسلمين المقيمين بأمريكا. أما تقدير الحاجة الخاصة لآحادهم فيرجع إلى وجود البديل الإيجاري المناسب من غير ضرر.

رابعاً : تطبيق هذا التأصيل على واقع شركات التمويل الإسلامي العاملة في الساحة الأمريكية

Guidance Residential

وهي تعتمد أسلوب المشاركة المتناقصة المنتهية بالتمليك في علاقتها بعملائها، وعقودها صحيحة في الجملة، ولكن يكتنفها بعض المخالفات الشرعية التي تتعلق بالصيانة والضرائب والتأمين حيث لا توزع بصورة عادلة على أساس حصص الشركاء.

وفتوى اللجنة بشأنها جواز التعامل معها للحاجة، وتوجيه النصح للقائمين عليها بمراجعة هذه الشروط الفاسدة.

Ameen Housing

هذه الشركة تعتمد أسلوب الإجارة المتناقصة المنتهية بالتمليك في علاقتها بعملائها، ولا تبيع عقودها لشركات الاستثمار الفيدرالية، وقد تجنبت الربا الصريح في معاملاتها، إلا أن عقودها لا تزال تكتنفها بعض الملاحظات الشرعية، كالغبن الذي يتمثل في تحديدها نسبة مئوية من الأجرة مقابل تكاليف الصيانة الأساسية، التي قد تزيد عن ذلك وقد تنقص، ومثل ما استحدثته مؤخرا من إلزامها المستأجر بغرامة تأخيرية عند التأخر عن الوفاء بالتزاماته المالية.

وفتوى اللجنة أنه لا حرج في التعامل مع هذه الشركة عند الحاجة، مع الحرص على الوفاء بالالتزامات في مواقيتها حتى لا يقع تحت طائلة شرط الغرامة التأخيرية، ومع توصية الشركة بتلافي هذه الملاحظات التي أشارت إليها اللجنة.

Devon Bank

وهو يتعامل بنوعين من العقود الإسلامية:

العقد الأول: المرابحة، ويكتنف هذا العقد شبهات حول التملك الحقيقي من قبل البنك للعقار قبل إعادة بيعه، بالإضافة إلى تضمنه بعض الشروط الفاسدة أو التي فيها غبن ٌ فاحشٌ، منها: الاستئثار بتعويضات التأمين مع إلزام العميل بدفع أقساطه، وحقّ البنك بتجميد حساب العميل لمجرّد الشك بعدم قدرته على السّداد، وحقّه في إعلان إخفاق العميل إذا لم يستخدم العقار لغايات السّكنى، أو عند موته، مع أنّ من حقّ ورثته أن يتولّوا العقد بعد ميّتهم، بل ذكر عقد المرابحه نفسه أن الورثة ملزمون بما في العقد !

وفتوى اللجنة أنه لا حرج في التعامل مع هذه الشركة بهذه الصيغة عند الحاجة الماسّة ، ومن تورع فقد آثر السلامة، واستبرأ لدينه وعرضه!

ويوصي المجمع البنك بالعمل على تصحيح هذه الصورة، وذلك بالتأكيد على ملكية البنك للعقار قبل بيعه، وتجنب الشروط الفاسدة ما استطاع.

العقد الثاني: الإجارة المنتهية بالتمليك، وتكتنفه مخالفات شرعية وشروط فاسدة، ومن ذلك: ورود عقدين مختلفين (البيع والإجارة)  في وقت واحد، على عين واحدة، في زمن واحد، وهي الصورة التي صدرت قرارات المجامع الفقهية بمنعها، لتعارض آثار العقدين، ويمكن تصحيحها بالفصل بين العقدين بحيث  يستقل كل منهما عن الآخر زماناً، فيكون إبرام عقد البيع بعد عقد الإجارة التي ينبغي أن تكون فعلية وليست ساترة للبيع، أو وجود وعد بالتمليك في نهاية مدة الإجارة.

ومن الشروط الفاسدة حق طرد العميل من العقار عند إخفاقه مع تغريمة الأجرة حتى يجد البنك عميلاً آخر، وعدم التزام البنك بتكاليف الصيانة الأساسية، وإلزامه العميل بدفع قسط التأمين مع احتفاظ البنك بحق أخذ تعويضات التأمين لنفسه، فعلى العميل الغرم وللبنك الغنم!

وفتوى اللجنة أنه لا حرج في التعامل مع هذه الشركة بهذه الصيغة عند الحاجة الماسّة ، ومن تورع فقد آثر السلامة، واستبرأ لدينه وعرضه، ويؤكد المجمع توصية البنك بالعمل على تصحيح هذه الصورة بالفصل بين العقدين، وتجنب الشروط الفاسدة ما استطاع

Islamic University Financial

ويرد على عقدي هذه الشركة مرابحة و إجارة ما سبق إيراده على عقدي المرابحة والإجارة المنتهية بالتمليك لدى ديفون بنك، فيمتهد لهما نفس الحكم، ونفس النصيحة! فيترخص في التعامل معها عند الحاجة الماسة، ومن تورع فقد استبرأ لدينه وعرضه!

Ijara Loan

وهذه الشركة تبدأ بتوجيه العميل إلى قرض ربوي بين، ثم تنشىء شركة اعتبارية يكون العميل جزءا منها، لتقترض من البنك وتتملك العقار، ثم تعيد بيعه إلى المشتري بعقد إجارة منتهية بالتمليك، فالمشتري تفرد بالقرض الربوي في البداية، ثم شارك فيه في النهاية!

وفتوى اللجنة أنه لا يجوز التعامل بعقود هذه الشركة لما تتضمنه من الربا الجلي الصريح! وننصح للقائمين عليها بمراجعة هذه الصيغة وتصحيحها، وفاء بالأمانة التي أناطها بهم عملاؤهم ممن يريدون التحرر من الربا في معاملاتهم المالية.

Lariba

وعقد هذه الشركة لا يختلف عن العقود الربوية التقليدية التي تبرمها البنوك الربوية، وهذا هو العقد الحاكم لهذه المعاملة وللعلاقة بين أطرافها، وما يقدم من صورة تعاقد إسلامية هي صورة افتراضية لا وجود لها في الواقع العملي، ولا يحتكم إليها عند التنازع.

وفتوى اللجنة أنه لا يجوز التعامل بعقود هذه الشركة لما تتضمنه من الربا الجلي الصريح! وننصح للقائمين عليها بمراجعة هذه الصيغة وتصحيحها، وفاء بالأمانة التي أناطها بهم عملاؤهم ممن يريدون التحرر من الربا في معاملاتهم المالية.

هذا، وتودّ اللجنة أن تؤكّد على أن الفتاوى المنشورة على موقع المجمع من قبل حول حكم التعامل مع شركة ٍ بعينها إنّما هي لآحاد المفتين ولا تمثّل رأي اللجنة بالضّرورة ، كما أنها سابقةٌ تاريخاً لهذه الفتوى ، فقد يكون بعض المفتين قد عدل عن رأيه القديم إلى رأي اللجنة . كما تحثّ لجنة الفتوى رجال الأعمال وأصحاب رؤوس الأموال من المسلمين على الاستعجال بإيجاد البديل الإسلامي المنافس، ولعلّ الاتحادات الائتمانية Credit Unions من بينها،  فهي تجارة رابحةٌ في الدنيا، ونرجو أن تكون كذلك في الآخرة أن صلحت النّيّات.

وفّق الله الجميع لطاعته، وصلى الله على خير خلقه محمد، وعلى آله وصحبه أجمعين.

 

Is Saying Jumuah Mubarak an Innovation?

* Article taken from suhaibwebb.com, here. The question is answered by Imam Suhaib Webb.

 

The Question

Recently, I saw a lecture on YouTube with a man claiming that saying, “jumu`ah mubārak (a blessed Friday)” on Fridays is an innovation? Is that true?

 

The Answer

Scholars of fatwā (legal opinions) divided acts into worship and customs. Both are central to our faith, and scholars gave each a tremendous amount of attention. For that reason, the first Ph.D. granted at al-Azhar University in the 20’s was on Islam and Custom.

Customs and Cultures are Embraced by Islām

Custom is so important that it forms one of the five major axioms of Islamic law. Al-Qādi al- Hussein al-Shāf’i wrote, “Utilization of custom is one of the five principles that Islamic Law rests on.”

Imām al-Syūtti mentioned them in Kawkab al-Sāti saying,

jummah

“Certainty does not remove doubt, and Islam removes every harm.
Hardship brings ease and custom (for fiqh) is a reference point
A few added a fifth: that every act of a person is based his intention.”

Custom in the Tradition

`Abdullah bin Masūd used to say, “What the Muslims deem as good is good.”

In Imām al-Bukhāri’s collection of authentic hadīth (saying or tradition of the Prophet ﷺ – peace be upon him), under the chapter on commerce, we find an interesting title for the 95th section:

بَابُ مَنْ أَجْرَى أَمْرَ الأَمْصَارِ عَلَ مَا يَتَعَارَفُونَ بَيْنَهُمْ فِي الْبُيُوعِ وَالإِجَارَةِ وَالْمِكْيَالِ، وَالْوَزْنِ، وَسُنَنِهِمْ عَلَ نِيَّاتِهِمْ وَمَذَا هِبِهِمِ الْمَشْهُورَةِ

Chapter: Where there is no fixed judgement, the traditions and conventions of a community are referred to – Customs and Norms is an Important Part of our Faith

Commenting on this, Imām bin Hajar wrote, “The purpose of this title is to establish the reliance on custom in Islamic law.”

That is not to say that any custom is recognized by Islam. For more on that, consult a local scholar or see the books of usūl al-fiqh (principles of Islamic jurisprudence).

The Ruling on Customs and Day to Day Affairs is Permissibility

Imām Ibn Taymiyyah wrote, the foundations of Imām Ahmed’school are two:

  1. Customs are permissible unless there is a clear text that forbids them.
  2. Acts of worship are forbidden (to invent) unless there is a clear text that allows them.

Then, he defined custom saying, “Customs are habits of people pertaining to food, drink, clothing, transportation, speech and other such normal day to day activities. Thus, they should not be forbidden unless by Allah or his Messenger ﷺ through an explicit text, a general one or a proper analogy. If not, then the general ruling for them is permissibility.”

We understood from Ibn Taymiyyah’s definition that customs divide into two parts: words and deeds.

Ibn Hajar said, “Custom plays a role in determining the explicit meaning of words.” Implying that if a person uses a word that is exclusive to his culture, the known custom is used to determine its implications. For that reason, Imam al-Dardīr noted that the Māliki’s coined an axiom, “Customs are like conditions.” From the important usage of words are greetings and salutations.

Greetings

Scholars agree that greetings fall under mu`amalāt (day-to-day activities), and they are part of customs that are related to speech. Since the general ruling on customs in permissibility, then greetings that are free of evil are considered permissible. For that reason, when Talha (a great companion of the Prophet ﷺ) greeted K`ab with the good news of the latter’s forgiveness, the former was not censured by the Prophet ﷺ, K`ab or the other companions (Allah be pleased with them all).

Based on this important principle and the large number of general texts that encourage us to speak well and be gentle to others, it is a stretch to say that such a greeting in an innovation. Imām al-Sakhāwi noted this in al-Tahina bi al-Shūr wa al-‘Ayād (Greetings Upon Months and Holidays) in greater detail.

May Allah bless us with tawfiq (success).

Suhaib Webb

Is the Bible More Violent Than the Quran?

* Article taken from npr.org, here.

 

As the hijackers boarded the airplanes on Sept. 11, 2001, they had a lot on their minds. And if they were following instructions, one of those things was the Quran.

In preparation for the suicide attack, their handlers had told them to meditate on two chapters of the Quran in which God tells Muslims to “cast terror into the hearts of unbelievers.”

“Slay the idolaters wherever ye find them, arrest them, besiege them, and lie in ambush everywhere for them,” Allah instructs the Prophet Muhammad (Quran, 9:5). He continues: “Prophet! Make war on the unbelievers and the hypocrites! … Hell shall be their home, an evil fate.”

When Osama bin Laden declared war on the West in 1996, he cited the Quran’s command to “strike off” the heads of unbelievers. More recently, U.S. Army Maj. Nidal Hasan lectured his colleagues about jihad, or “holy war,” and the Quran’s exhortation to fight unbelievers and bring them low. Hasan is accused of killing 13 people at Fort Hood, Texas, last year.

Given this violent legacy, religion historian Philip Jenkins decided to compare the brutality quotient of the Quran and the Bible.

Defense Vs. Total Annihilation

“Much to my surprise, the Islamic scriptures in the Quran were actually far less bloody and less violent than those in the Bible,” Jenkins says.

Jenkins is a professor at Penn State University and author of two books dealing with the issue: the recently published Jesus Wars, and Dark Passages , which has not been published but is already drawing controversy.

Violence in the Quran, he and others say, is largely a defense against attack.

“By the standards of the time, which is the 7th century A.D., the laws of war that are laid down by the Quran are actually reasonably humane,” he says. “Then we turn to the Bible, and we actually find something that is for many people a real surprise. There is a specific kind of warfare laid down in the Bible which we can only call genocide.”

It is called herem, and it means total annihilation. Consider the Book of 1 Samuel, when God instructs King Saul to attack the Amalekites: “And utterly destroy all that they have, and do not spare them,” God says through the prophet Samuel. “But kill both man and woman, infant and nursing child, ox and sheep, camel and donkey.”

When Saul failed to do that, God took away his kingdom.

“In other words,” Jenkins says, “Saul has committed a dreadful sin by failing to complete genocide. And that passage echoes through Christian history. It is often used, for example, in American stories of the confrontation with Indians — not just is it legitimate to kill Indians, but you are violating God’s law if you do not.”

Jenkins notes that the history of Christianity is strewn with herem. During the Crusades in the Middle Ages, the Catholic popes declared the Muslims Amalekites. In the great religious wars in the 16th, 17th and 19th centuries, Protestants and Catholics each believed the other side were the Amalekites and should be utterly destroyed.

‘Holy Amnesia’

But Jenkins says, even though the Bible is violent, Christianity and Judaism today are not for the most part.

“What happens in all religions as they grow and mature and expand, they go through a process of forgetting of the original violence, and I call this a process of holy amnesia,” Jenkins says.

Jenkins, author of Jesus Wars, says that violence in the Quran is largely a defense against attack.

Courtesy of HarperOne

They make the violence symbolic: Wiping out the enemy becomes wiping out one’s own sins. Jenkins says that until recently, Islam had the same sort of holy amnesia, and many Muslims interpreted jihad, for example, as an internal struggle, not physical warfare.

Andrew Bostom calls this analysis “preposterous.” Bostom, editor of The Legacy of Jihad, says there’s a major difference between the Bible, which describes the destruction of an enemy at a point in time, and the Quran, which urges an ongoing struggle to defeat unbelievers.

“It’s an aggressive doctrine,” he says. “The idea is to impose Islamic law on the globe.”

Take suicide attacks, he says — a tactic that Muslim radicals have used to great effect in the U.S., Iraq, Afghanistan and the Middle East. It’s true that suicide from depression is forbidden in Islam — but Bostom says the Quran and the Hadith, or the sayings of Muhammad, do allow self-destruction for religious reasons.

“The notion of jihad martyrdom is extolled in the Quran, Quran verse 9:1-11. And then in the Hadith, it’s even more explicit. This is the highest form of jihad — to kill and to be killed in acts of jihad.”

‘Out Of Context’

That may be the popular notion of jihad, says Waleed El-Ansary, but it’s the wrong one. El-Ansary, who teaches Islamic studies at the University of South Carolina, says the Quran explicitly condemns religious aggression and the killing of civilians. And it makes the distinction between jihad — legal warfare with the proper rules of engagement — and irjaf, or terrorism.

“All of those types of incidences — [Sept. 11], Maj. Nidal Hasan and so forth — those are all examples of irjaf, not jihad,” he says. According to the Quran, he says, those who practice irjaf “are going to hell.”

So what’s going on here? After all, we all have images of Muslim radicals flying planes into buildings, shooting up soldiers at Fort Hood, trying to detonate a bomb on an airplane on Christmas Day. How to reconcile a peaceful Quran with these violent acts?

El-Ansary says that in the past 30 years, there’s been a perfect storm that has created a violent strain of Islam. The first is political: frustration at Western intervention in the Muslim world. The second is intellectual: the rise of Wahhabi Islam, a more fundamentalist interpretation of Islam subscribed to by Osama bin Laden. El-Ansary says fundamentalists have distorted Islam for political purposes.

“Basically what they do is they take verses out of context and then use that to justify these egregious actions,” he says.

El-Ansary says we are seeing more religious violence from Muslims now because the Islamic world is far more religious than is the West. Still, Jenkins says Judeo-Christian cultures shouldn’t be smug. The Bible has plenty of violence.

“The scriptures are still there, dormant, but not dead,” he says, “and they can be resurrected at any time. Witness the white supremacists who cite the murderous Phineas when calling for racial purity, or an anti-abortion activist when shooting a doctor who performs abortions.

In the end, the scholars can agree on one thing: The DNA of early Judaism, Christianity and Islam code for a lot of violence. Whether they can evolve out of it is another thing altogether.

Understanding “Kill Them Wherever You Find Them” — Text

* Article taken from seekersguidance.org, here.

 

Answered by Sidi Faraz Khan

Question: Could you please explain the verse of the Qur’an, “slay the polytheists wherever you find them” [9:5]  What are the implications of this verse and why/when was it revealed?

Answer: Assalamu alaikum wa rahmatullah,

InshaAllah  you are well.

The key to understanding the verse in question is to understand its context and the circumstances in which it was revealed.

What the Scholars of Qur’anic Exegesis Said

As mentioned by scholars of Qur’anic exegesis (tafsir), these verses were revealed specifically with regards to particular groups of polytheists that breached their peace treaties with the Muslim polity. This is clear in the very first verse, as it mentions that the proclamation is given out specifically to “those polytheists with whom you had made covenants.”

Imam Razi, Imam Jamal, and others clarify in their tafsirs that this proclamation of fighting the polytheists “applies only to those that broke their covenants.” This is also why an exception to the proclamation is made in verse 4 which, as Imam Razi and others clarify, refers to “those who did not break their covenants,” i.e., they were not to be fought.

Hence, the oft-misunderstood fifth verse of “killing the polytheists wherever you find them” refers only to those that previously broke their covenants and, moreover, after they had four months to reflect on the situation and decide if they wanted to continue with their violation or not. If they decided to continue with their violation, then they would effectively be re-declaring war on the Muslim polity, in which case the verse ordered the polity to defend itself against the transgression. Even in that case, the next verse (verse 6) ordered the Muslims to provide safe passage and protection to any opposing soldier that sought asylum during combat.

Perhaps the following verse (verse 7) best summarizes the context of this discussion, as it states (with commentary from Tafsir al-Razi and Tafsir al-Jalalayn in brackets):

“How can polytheists [that were treacherous and violated their treaties] have a covenant with Allah and His Messenger? Except for those with whom you entered covenants [i.e., the polytheists who did not break them and hence were not treacherous] in the Sacred Mosque. So as long as they are true to you [with their covenants and do not breach them] then be true to them [by also fulfilling your covenants]; verily, Allah loves those who fear Him [i.e., He loves those who fulfill covenants, since whoever fears Allah will fulfill his covenants, and the Prophet kept his word and upheld his side of the treaty until his enemies broke theirs].”

[Razi, Tafsir; Jamal, Hashiyat `ala Jalalayn]

Summarizing the Issue

So to summarize, these verses have a clear historical context and cannot be used to justify acts of violence or terrorism committed against innocent civilians.

Furthermore, by Islamic law, a Muslim government must uphold its treaties and covenants with other nations, regardless of the faith of those nations. It is unlawful to break a peace treaty with any other nation. This also applies to any Non-Muslim that is a citizen of a Muslim nation or that peacefully enters one. This is because citizenship and visitor’s visas are legally considered covenants that cannot be violated. They ensure security and protection for the citizen/visitor, and require that the citizen/visitor not break any of the nation’s laws.

The same, of course, applies to a Muslim citizen of a Non-Muslim nation or a Muslim that enters a Non-Muslim nation with a visitor’s visa or the like, which again serve as covenants of mutual peace and protection. It would be unlawful for a Muslim to break such a covenant. This is also in accordance with contemporary international law and is absolutely binding. And Allah knows best. [Marghinani, al-Hidaya; Kuwaiti Fiqh Encyclopedia]

wassalam
Faraz Khan

Checked & Approved by Faraz Rabbani

Women Traveling Without a Mahram

* Article translation taken from suhaibwebb.com, here.

 

Answered by Dr. Yusuf al-Qaradawi | Translated by Sister Marwa

The original rule stipulated in shari’a that a woman is not to travel alone.  Rather, she has to be accompanied by her husband or any other mahram of hers.  This rule is supported by narrations of Bukhari and others that Ibn-Abbas (ra) said, that the Prophet (pbuh) said, “A woman should not travel except with a mahram, and no man should visit her except in the presence of a mahram.”

Abu-Hurairah related the following on behalf of the Prophet (pbuh), “It is not permissible for a woman who believes in Allah and the Last Day to travel for one day and night except with a mahram.”

Abu-Sa’id reported that the Prophet (pbuh) said, “A woman should not travel for two days except she is accompanied by her husband or a mahram.”

Ibn-’Umar reported, “She should not travel for three nights except with a mahram.”

Apparently, different narrations are due to the context of the questioner.  So, answers were given according to each  question.  Abu-Hanifa, however, considered the narrations of Ibn-Omar as more probable.  His believes that a mahram is considered a necessity only within the distance of qasr (shortening of prayers).  This is according to the narration of Ahmad.

These ahadith are about all kinds of travel, whither an obligatory travel such as for a visit or trade or seeking knowledge or else.

This ruling is not because shari’a mistrusts woman as some people may fancy.  To the contrary, this is a precaution for the sake of her reputation and dignity.  Shari’a seeks to protect her in case the sick at heart should seek to harm her.  It is to protect her from transgressors, brigands, especially in an environment in which a traveler crossed deadly deserts in a time that security and civilization were yet to prevail.

But what is the shari`ah ruling if a woman did not find a mahram to accompany her in a legitimate travel, whether obligatory, preferable, or allowed travel and she had some trusted men or women or the way was safe?

Scholars investigated this issue when they came across two problems: the obligation of women to perform hajj vs. the Prophet’s (pbuh) prohibition of a woman’s travel without a mahram.
Some of them adhered to the superficial meaning of the reported ahadith.  Thus, they prohibited woman from travelling without a mahram, even for fulfilling the obligation of performing hajj.Some of them like Abul-Walid al-Yajy, a maliky judge, excluded elderly women from this prohibition.  “This is a specialization of the general when looking to the meaning,” said Ibn-Daqiq al-Eid.Some of them excluded a woman accompanied by trusted group of women.  Some said it suffices to have a company of a Muslim, and trusted woman.Some said it suffices to make sure that the road is safe.  This is what the great scholar Ibn-Taymeya preferred.  Ibn-Muflih said in al-Furu’, “A woman could perform hajj without a mahram as long as she is safe.”  “This applies to all kinds of travel (for good cause).” he added.  This is also what Al-Karabesi cited from ash-Shafi’i in the section of “Voluntary hajj”.  Some of his followers said that it also applies to all kinds of non-obligatory travel, like visiting somebody or for trade.  Al-Athram reported that Imam Ahmad said, “Having a mahram is not a prerequisite for obligatory hajj,” he added, “this is because a woman can go to hajj with women (in general) and also with anyone she feels safe with.”Ibn-Sirin said, “She should go with good Muslims.”

Al-Awza’y said, “She should go only with persons of good reputation.”

Malik said, “She should go with a group of women.”

Ash-Shafi’i said, “She should go with a free, Muslim, and trusted woman.”  Some of his followers said, “She could go alone in case she is secured.”

Al-Hafidh Ibn-Hajar said, ” In the Shafi’i madhhab it is known to put the presence of the husband, mahram, or trusted women as a prerequisite for a women to perform hajj.” Some others say, “Only one trusted woman is enough.”

“She can travel alone if the road is safe.” This is another opinion cited by al-Karabesi.  He corrected it in al-Muhathab.

If this applies to hajj and umra, then it should apply to all kinds of travel as it has been reported by some scholars, because the main aim is to protect women and secure them.  Therefore, as long as the road is safe, and there are trusted women or men, she can go without mahram.

There are two evidences that a woman can travel without a mahram as long as she is safe and accompanied by trusted people:

First, it has been reported by al-Bukari in his Sahih, that Omar (ra) gave permission to the wives of the Prophet (pbuh) to perform hajj.  He sent Othman Ibn-Affan and Abdul-Rahaman to accompany them.  Omar, Othman, Abudl-Rahman along with the Prophet’s wives, all approved it.  Nobody of the companions denied what they did.  This is considered unanimous resolution.Second: what has been reported by Bukhary and Muslim regarding the hadith of Adyy Ibn-Hatim, to whom the Prophet (pbuh) talked about the future of Islam and how it will spread throughout the world.  Among of what he said was, ” … you will certainly see that a lady in a Howdah traveling from al-Hira, heading for Makkah, without her husband, fearing none but Allah…”This hadith implies not only that what the Prophet (pbuh) said would happen, but also that is it permissible.  It was mentioned within the context of praising the widespread of Islam and the security it would provide.Here, we want to add two important rules:

First, rulings regarding human interactions are meant to take into consideration the meanings and aims behind them.  Unlike the rulings of worship, whose origin is to worship and submit to Allah, without thinking about their implications.  This was clarified  and assured by al-Shatiby.
Second, whatever has been prohibited for itself could be permissible only if there is a necessity.  Whatever has been prohibited for the sake of preventing evasive legal device (sad al-zara’i), could be permissible only if there is a need for it.  Surely, women’s travelling alone was prohibited for the sake of preventing evasive legal device.

Moreover, travel in our time is different from what it used to be in the past.  For then, travel was full of danger.  People had to cross deadly deserts, sometimes encounter robbers or brigands and the like.  Nowadays, however, we travel by ships, airplanes.  Usually, these vehicles take large numbers of people. This is what eliminates the fear for a woman travelling alone, because she will not be alone in any particular place.

Therefore, there is no harm in a woman performing hajj (without mahram), as long as the circumstances are settled and safe.

May Allah grant us success.

Originally published by Al-Qaradawi

Women Staying in the Prayer Hall When Menstruating

* Answer taken en.islamtoday.net, here.

Question

Please, can you advise us about menstruating women entering the mosques and remaining within them? Are there differences of opinion among the scholars on this matter? The reason that I am asking this question is because there is a Qur’ân memorization class which I know of that is held in the upstairs women’s prayer area of the mosque. The sheikh giving the class says that women can still attend when they are menstruating. Is this correct?

Answered by

Sheikh Salman al-Oadah
There are two opinions on this issue of a menstruating woman staying within the mosque.

The first is the one adopted by the four Imams who ruled it as impermissible. They argued that the Prophet (peace be upon him) ordered women in menses to stand apart at the prayer area during the `Id prayer. [Sahîh al-Bukhârî (351) and Sahîh Muslim (890)]

The answer to this argument is that the order is meant for them to stand apart from the prayer itself as is clearly stated in in the narration in Sahîh Muslim “Let them stand away from the prayer.”

As for the hadîth related by Abû Dâwûd (232): “I do not permit a woman in her menses or a person in a state of major ritual impurity into the mosque” It is a weak hadîth. Its line of transmission contains a narrator who is unknown.

They also cite as evidence the ruling that a women is prohibited from tawâf around the Ka`bah. It is mentioned in the hadîth where the Prophet (peace be upon him) addressed `Aishah by saying: “Do as the pilgrims do but do not perform tawâf around the House until you become pure.” [Sahîh al-Bukhârî (305) and Sahîh Muslim (1211)]

However, it appears that this is a prohibition from tawâf itself and is not referring to entering the mosque. Indeed, it could well be argued that this hadîth provides us with good evidence that it is permitted for a menstruating woman to enter the mosque, because it does not say that she could not enter it.

The second saying is that it is permissible for the woman to stay in the mosque while she is in her menses. This is according to the school of thought of al-Zâhiriyyah as well as the opinion of the Shâfi`î jurist al-Muzanî. This view was also adopted by some later researchers and scholars.

They argue that since the basic ruling is that it is permissible for women to enter the mosque, therefore any claim that they are prevented from doing so needs to be substantiated by evidence.

They also argue that when Abû Hurayrah avoided the Prophet’s company because he was in a state of major ritual impurity, the Prophet (peace be upon him) said to him: “Glory to Allah, the Believer would not become impure” [Sahîh al-Bukhârî (283) and Sahîh Muslim (371)]

They also argue that it is allowed for unbelievers to enter the mosque and stay in it.

This is clear from the story of Thumâmah b. Athâl when he was tied to a column in the mosque. [Sahîh al-Bukhârî (469)]

Therefore, if it is argued that the menstruating woman is prohibited from entering the mosque because of abstract impurity, then it is countered by the fact that an unbeliever is permitted to enter the mosque.

If, on the other hand, it is argued that the prohibition of a menstruating woman from staying within the mosque is because of the problem of physical impurity, then this is countered by the fact that it is permissible for a woman who is suffering from continuous vaginal bleeding to enter the mosque.

This is according to the hadîth of `Aishah where she said: “One of the Prophets’s wives joined him in i`tikâf and she used to see blood and yellow spots. She had a bowl under here and would pray.” [Sahîh al-Bukhârî (310)]

Children were also allowed to enter the mosque, as is established in many authentic hadîth, while they do not care much to avoid physical impurities.

It is also authentically established that dogs used to walk through the mosque and urinate in it at the time of the Prophet (peace be upon him), and they never used to splash any water over that. [Sahîh al-Bukhârî (174)]

These are strong, mutually supporting points of evidence that strengthen the basic ruling of the permissibility of a menstruating woman staying in the mosque, and it can be adopted when necessary.

And Allah knows best.

How Long and When to Make Takbeerat After Prayers During Eid

The takbeerat of the days of Eid are said after prayers during the days of Eid. There are a number of differences of opinion here:

 

The Form:

Some schools held that they should be to say “Allahu Akbar” three times and then “La ilaha illa Allah” followed by “Allahu Akbar” twice and then “wa lillahi al-hamd.” Others held that the first set of “Allahu Akbar” should be two and not three. This whole set should be repeated three times after the prayer.

 

When:

The majority held that this set of takbeerat should be said after the obligatory prayers which are held in congregation. Some held that they can be said after optional prayers as well and others held that they can be said when prayers are made individually as well as in congregation.

 

For How Long:

Most scholars said that these takbeerat should start from after fajr on the Day of ‘Arafah. Some held that they should continue until Zuhr of the Day of Eid and others held that they should continue until ‘Asr on the third of the days of Tashreeq. In this latter opinion it would mean that the takbeerat are made for five days (Day of ‘Arafah, First Day of Eid, Three Days of Tashreeq after the First Day of Eid).

 

What to Do:

When praying in congregation one should follow whatever the Imam of that congregation is teaching and leading his followers in. This is because the unity of the congregation is more important than an individual opinion. However, if on one’s own I would advise making the takbeerat for all five days and after obligatory prayers whether in congregation or individually. We are greatly in need of the remembrance of Allah in our lives.

 

*This is summarized from the Kuwaiti Fiqh Encyclopedia.

التَّكْبِيرُ.
وَصِيغَتُهُ: اللَّهُ أَكْبَرُ اللَّهُ أَكْبَرُ لاَ إِلَهَ إِلاَّ اللَّهُ، وَاَللَّهُ أَكْبَرُ اللَّهُ أَكْبَرُ، وَلِلَّهِ الْحَمْدُ (1) .
وَخَالَفَتِ الشَّافِعِيَّةُ وَالْمَالِكِيَّةُ، فَذَهَبُوا إِلَى جَعْل التَّكْبِيرَاتِ الأُْولَى فِي الصِّيغَةِ ثَلاَثًا بَدَل ثِنْتَيْنِ.
ثُمَّ إِنَّ هَذَا التَّكْبِيرَ يُعْتَبَرُ شِعَارًا لِكُلٍّ مِنْ عِيدَيِ الْفِطْرِ وَالأَْضْحَى، أَمَّا مَكَانُ التَّكْبِيرِ وَحُكْمُهُ وَكَيْفِيَّتُهُ فِي عِيدِ الْفِطْرِ فَقَدْ مَرَّ الْحَدِيثُ عَنْهُ ف / 12.
وَأَمَّا حُكْمُهُ وَمَكَانُهُ فِي عِيدِ الأَْضْحَى، فَيَجِبُ التَّكْبِيرُ مُرَّةً عَقِبَ كُل فَرْضٍ أُدِّيَ جَمَاعَةً، أَوْ قُضِيَ فِي أَيَّامِ الْعِيدِ، وَلَكِنَّهُ كَانَ مَتْرُوكًا فِيهَا، مِنْ بَعْدِ فَجْرِ يَوْمِ عَرَفَةَ إِلَى مَا بَعْدِ عَصْرِ يَوْمٍ الْعِيدِ.
وَذَهَبَ أَبُو يُوسُفَ وَمُحَمَّدٌ (وَهُوَ الْمُعْتَمَدُ فِي الْمَذْهَبِ) إِلَى أَنَّهُ يَجِبُ بَعْدَ كُل فَرْضٍ مُطْلَقًا،
وَلَوْ كَانَ الْمُصَلِّي مُنْفَرِدًا أَوْ مُسَافِرًا أَوِ امْرَأَةً، مِنْ فَجْرِ يَوْمِ عَرَفَةَ إِلَى مَا بَعْدَ عَصْرِ الْيَوْمِ الثَّالِثِ مِنْ أَيَّامِ التَّشْرِيقِ (1) .
أَمَّا مَا يَتَعَلَّقُ بِحُكْمِ التَّكْبِيرِ: فَسَائِرُ الْمَذَاهِبِ عَلَى أَنَّ التَّكْبِيرَ سُنَّةٌ أَوْ سُنَّةٌ مُؤَكَّدَةٌ وَلَيْسَ بِوَاجِبٍ.
وَالْمَالِكِيَّةُ يُشْرَعُ التَّكْبِيرُ عِنْدَهُمْ إِثْرَ خَمْسَ عَشْرَةَ صَلاَةً تَبْدَأُ مِنْ ظُهْرِ يَوْمِ النَّحْرِ (2) .
وَأَمَّا مَا يَتَعَلَّقُ بِنَوْعِ الصَّلاَةِ الَّتِي يُشْرَعُ بَعْدَهَا التَّكْبِيرُ: فَقَدِ اخْتَلَفَتْ فِي ذَلِكَ الْمَذَاهِبُ:
فَالشَّافِعِيَّةُ عَلَى أَنَّهُ يُشْرَعُ التَّكْبِيرُ عَقِبَ كُل الصَّلَوَاتِ فَرْضًا كَانَتْ أَمْ نَافِلَةً عَلَى اخْتِلاَفِهَا لأَِنَّ التَّكْبِيرَ شِعَارُ الْوَقْتِ فَلاَ يَخْتَصُّ بِنَوْعٍ مِنَ الصَّلاَةِ دُونَ آخَرَ (3) .
وَالْحَنَابِلَةُ عَلَى أَنَّهُ يَخْتَصُّ بِالْفُرُوضِ الْمُؤَدَّاةِ جَمَاعَةً مِنْ صَلاَةِ الْفَجْرِ يَوْمَ عَرَفَةَ إِلَى صَلاَةِ الْعَصْرِ مِنْ آخِرِ أَيَّامِ التَّشْرِيقِ، فَلاَ يُشْرَعُ عَقِبَ مَا أُدِّيَ فُرَادَى مِنَ الصَّلَوَاتِ (4) .
وَالْمَالِكِيَّةُ عَلَى أَنَّهُ يُشْرَعُ عَقِبَالْفَرَائِضِ الَّتِي تُصَلَّى أَدَاءً، فَلاَ يُشْرَعُ عَقِبَ مَا صُلِّيَ مِنْ ذَلِكَ قَضَاءً مُطْلَقًا أَيْ سَوَاءٌ كَانَ مَتْرُوكَاتِ الْعِيدِ أَمْ لاَ

Slaughtering an Animal on Eid al-Adha

Q: 

Is it required to slaughter an animal for Eid al-Adha or is it recommended?

 

A:

The majority of scholars held that it is a highly recommended act to sacrifice an animal for Eid al-Adha. This means that they did not consider it to be required but rather high recommended. Imam Abu Hanifa was of the opinion that sacrificing on Eid al-Adha is required for those who are capable of doing so.

The majority based their opinion on a hadith of the Prophet (pbuh) wherein he said, “If the ten days of Dhul Hijjah begin and one of you wishes to sacrifice then they should not cut their hair or nails.” The wording of this hadith indicates that the person has a choice as to whether or not they want to sacrifice. It is also narrated that Abu Bakr and Umar (ra) would not sacrifice in some years so that people would know that it is not required.

As to how many animals should be slaughtered then a sheep is enough for one person and a camel or cow is enough for seven people. The Shafi’is and Hanbalis held that one sacrifice is enough for an entire family. So if a family with a father, mother, and several dependent children was to slaughter one sheep then that would be enough for the whole family.

It is important to remember that the sacrifice of Eid al-Adha is a great tradition and an important act of worship in Islam. Therefore, the one is able to sacrifice should sacrifice even if they believe that it is recommended and not required.