Precious  Provisions  

 

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QMajd:  January  2010

 

 

January  2010  |  Toronto,  Canada    

For  more  information  on  this  notes  compilation  please  email  [email protected]  

Precious  Provisions  

 

Table of Contents Introduction ....................................................................................................................................................................... 4 Etiquettes of Eating ................................................................................................................................................ 5 Etiquettes of Drinking.......................................................................................................................................... 11 Section 1: Permissible and Impermissible Animals............................................................................................. 13 Category 1: Land Animals.................................................................................................................................... 13 Category 2: Sea Animals ....................................................................................................................................... 20 Category 3: Birds ................................................................................................................................................... 22 Category 4: Land Vermin ..................................................................................................................................... 23 Section 2: Slaugthering (Dhabh) ............................................................................................................................... 25 Three Categories of Permissible Animals ......................................................................................................... 25 Require slaughtering ................................................................................................................................... 25 May be hunted ............................................................................................................................................. 25 Eaten without slaughtering or hunting ..................................................................................................... 27 Condition of Slaugher .......................................................................................................................................... 28 Evidences for the Different Opinions ............................................................................................................... 31 Position 1 ...................................................................................................................................................... 31 Position 2 ...................................................................................................................................................... 34 Position 3 ....................................................................................................................................................... 34 Problems/Solutions Regards to Meat Issue ..................................................................................................... 38 Section 3: Miscellaneous Issues ................................................................................................................................ 40 The Status of Alcohol........................................................................................................................................... 40 Opinion 1 ..................................................................................................................................................... 41 Opinion 2 ..................................................................................................................................................... 42 Chemical Changes ................................................................................................................................................. 43 Opinion 1 ..................................................................................................................................................... 43 Opinion 2 ................................................................................................ Error! Bookmark not defined.

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Small amounts of impurities ...................................................................................................................... 45 Introduction: Fiqh of Clothing ........................................................................................................... 46 6HFWLRQ)LTKRI0HQ·V&ORWKLQJ ...................................................................................................... 48 0HQ·V¶$ZDUK ........................................................................................................................................................ 48 Opinion 1 ..................................................................................................................................................... 49 Opinion 2 ..................................................................................................................................................... 50  

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Precious  Provisions   Silk and Gold ........................................................................................................................................................ 51 Wearing Ties? ...................................................................................................................................................... 51 Small amounts of gold or silver ......................................................................................................................... 52 Prohibited colors? ................................................................................................................................................ 52 Covering the head ................................................................................................................................................. 53 Issues of isbal ......................................................................................................................................................... 54 Minority position ......................................................................................................................................... 54 Majority position .......................................................................................................................................... 55 What exactly is a lihya? ........................................................................................................................................ 57 The Beard .............................................................................................................................................................. 56 Obligatory ..................................................................................................................................................... 59 Recommended (mustahab) ........................................................................................................................... 59 Etiquettes of the beard ........................................................................................................................................ 60 Other guidelines ................................................................................................................................................... 61 Imitating the opposite gender ................................................................................................................... 61 imitating other cultures .............................................................................................................................. 61 Imitating the clothes of the Prophet ................................................................................................................. 62 Israf VS Zuhd ....................................................................................................................................................... 63 0XUD·D966KXKUD ................................................................................................................................................ 64

6HFWLRQ)LTKRI:RPHQ·V&ORWKLQJ ................................................................................................. 65 Modern dilemmas ................................................................................................................................................ 65 History of hijab legislation .................................................................................................................................... 67 Primary verses dealing with hijab ....................................................................................................................... 67 Benefits of hijab .................................................................................................................................................... 71 5HTXLUHPHQWVRIZRPHQ·Vhijab ......................................................................................................................... 72 Evidences of jilbab ................................................................................................................................................ 74 Issues of niqab ....................................................................................................................................................... 75

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Conclusion........................................................................................................................................................................ 77

 

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Introduction Allah mentioned two blessing of Jannah that are above all others: food and clothing. Allah tells Adam:

³,QWKHJDUGHQ\RXZLOOQHYHUJRKXQJU\IHHOQDNHG´[Ta-Ha: 118] Allah has taken care of food and clothing for you. Everything is halah besides the very few UHVWULFWLRQV,WLV$OODK¶VEOHVVLQJ:KHQRQHRIWKHSahabah said he would give up meat, the 3URSKHWZKHQKHKHDUGRIWKLVVDLG³LWLVRQHRIP\sunnah to eat and to fast. I eat of the pure RIZKDW$OODKKDVJLYHQPH´

Shaiytan came and he enticed Adam and Huwa to eat haram. The consequences when tehy fell prey to this was that their nakedness was exposed. The blessings of Allah diminishes when you sin and so Adam and Huwa tried to cover themselves with whatever was available.

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Allah says:

 

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O ye Children of Adam! Let not Satan seduce you, in the same manner as He got your parents out of the Garden, stripping them of their raiment, to expose their shame: for he and his tribe watch you from a position where ye cannot see them : We made the evil ones friends (only) to those without faith. >$O$¶UDI@ From the very beginning, the thought and plan of Shaytan was to eat the haram and expose nakeness. We thank Allah for giving us such a perfect Shariah that leaves no stone unturned and no facet upon which light has not be shed. In each and every aspect of our live, Allah has told us what to do, when to do it, and how to do it.

Etiquettes of Eating The adab (etiquettes) of eating are not haram versus halal but rather what is preferred and what is makruh.

T erms to understand: Haram: it is a sin if the prohibition is done

Makruh: not a sin but should be avoided

Mubah

Mustahab: recommended to do

Wajib: must be done

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Etiquettes vacillate between makruh and mustahab. Very few are actually wajib to do or haram to avoid. ³2QFHWKH3URSKHWZDVVLWWLQJLQWKHKRXVHRIKLVZLIH8PP6DOHPDKZKHQKHUVRQ8PDUE$EL 6DODPDKUDQLQDQGVWDUWHGHDWLQJKDVWLO\IURPDOORYHUWKHSODWH7KH3URSKHWVDLGµ2K *KXODP0HQWLRQ$OODK¶VQDPHDQGHDWZLWK\RXUULJKWKDQGDQG eat from that which is close to \RX´ [Bukhari and Muslim]

 

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1. Say BISMILLAH Once the Prophet was sitting around a large plate of food and the sahabah were having a meal when a Bedouin passed from a distance and diverted his course to come to the food. The sahabah said he was walking in an unnatural manner as if he was being pushed. He reached for the food and the Prophet stopped him with his right hand. The same happened with a girl and the 3URSKHWVWRSSHGKLPZLWKKLVOHIWKDQG+HVDLG³6KD\WDQFRQVLders it permissible to eat food over which bismillah has not been said and when he saw this food, he wanted it so he sent the %HGRXLQWRJHWLWDQGZKHQ,VWRSSHGLWKHVHQWWKHOLWWOHJLUOWRJHWLW:D¶OODKLP\KDQGLVLQKLV hand, and my hand is in her KDQGDQG6KD\WDQLVLQWKHLUWZRKDQGV´ This hadith shows us that when we do not say bismillah, someone is free loading off our food. When you do not say bismillah, you have a partner when you eat. We will never know how (it is µLOPDOJKD\E) but the food satisfied another entity as well. The key phrase: the Shaytan considers it halal to eat food over which bismillah has not been said. Should you forget to say bismillah and remember in the middle, say it anyways.

2. Eat with the RIGHT HAND Eating with the right hand is one of the strongest etiquettes of eating and even becomes wajib. Evidence from the hadith of Umar b. Abi Salamah (above). Also Once a munafiq (hypocrite) was in the house of the Prophet and they were eating food. The Prophet observed the hypocrite HDWLQJZLWKKLVOHIWKDQGDQGVDLG³
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Musnad Imam Ahmad: 7KH3URSKHWVDLG³9HULO\WKH6KD\WDQHDWVZLWKKLVOHIWKDQG´We do everything which is pure and noble with the right hand: giving and accepting things, shaking hands, etc. It is clear that eating with the right hand is sunnah. Anas ibn Malik narrates that the Prophet ate with three fingers. The scholars have differed over what three fingers are being mentioned but at the end of the day, it is a trivial difference. The point is that the Prophet would eat with small morsels.

 

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Is it sunnah per se to eat with the fingers or to eat with the right hand even if we use a utensil? There is more reward in eating with the bare fingers. What use to be a sign of status is no longer the case now as the use of utensils has become common practice and has lost all connotations of snobbishness and its standard. There were no spoons or forks GXULQJWKH3URSKHW¶VWLPH+RZHYHUKHGLGXVHNQLYHV,WLVUHSRUWHGLQ6DKLK0XVOLP that once the Prophet was eating meat and the adhan was called, so he picked up his knife and eat the meat and went to pray without making wudu (again). Therefore, we can safely state inshAllah that the sunnah is to use the right hand regardless of using the bare fingers or utensils.

3. Eat form that which is CLOSE TO YOU This, too, is learned from the hadith of Umar b. Abi Salamah (above). They use to eat from a large common plate, and it is sunnah to eat from the portion of food that is closest to you. Once the Propeht was invited to the house of an ansari, and he loved squash, and when the squash around him finished, he began eating the squash around the plate until he finished it all. When Anas ibn Malik saw this, he said that he never ceased to love squash. It appears that the Prophet is eating from other portions of the plate. How is this reconciled If you are in a situation and know that the host or people will not mind, then it is not a problem to eat from other portions of the plate.

3. Eat from the CORNER of the Plate and not from the Centre This applies to individual plates as well.

The Prophet said `when one of you eats, let him eat from the corners (sides) and leave the center >PHDQLQJIRUWKHODVW@EHFDXVHEDUDNDKFRPHGRZQLQWKHPLGGOHRIWKHIRRG´In Islamic science, baraqah refers to increasing the utility and usefulness of the product.

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7KH3URSKHWLVWHOOLQJXVWKDWZKHQ0XVOLPVVLWGRZQWRHDW$OODK¶Vbarakah comes down in the center of the food, and we want to leave as much there to increase the barakha.

 

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5. Eating TOGETHER from a Common Plate Coming together and eating from on large plate is a sunnah that the Prophet always did. However, we have completely forgotten this today. Hadith in Ibn Majah: 7KH3URSKHWVDLG³(DW all of you together and do not breaNXS7KHEOHVVLQJRI$OODKDUHZLWKWKHMDPD¶DK´ This does not mean that eating separately is not allowed. Allah says:

                                       

It is no fault in the blind nor in one born lame, nor in one afflicted with illness, nor in yourselves, that ye should eat in your own houses, or those of your fathers, or your mothers, or your brothers, or your sisters, or your father's brothers or your father's sisters, or your mohter's brothers, or your mother's sisters, or in houses of which the keys are in your possession, or in the house of a sincere friend of yours: there is no blame on you, whether ye eat in company or separately. But if ye enter houses, salute each other - a greeting of blessing and purity as from Allah. Thus does Allah make clear the signs to you: that ye may understand. [An-Nur: 61]

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6. WIPING the Plate and Fingers Clean 7KH3URSKHWVDLG³When one of you eats, let hi m not wipe his hand until he licks what is on it or LWLVOLFNHGIRUKLP´>%XNKDUL@'XULQJWKH3URSKHW¶VWLPHWKH\Zould have cats in the house. So the Prophet is saying that even if you give food to the cats, it is made use of. By analogy, the same applies to the plate and utensils. It is a sign of being thankful to Allah for each and every morsel of food.  

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7. WASHING Hands Before and After Eating 7KH3URSKHWVDLG³0DNLQJEDUDNKIRUIRRGUHTXLUHVGRLQJZXGX ZDVKLQJKDQGVEHIRUHDQG DIWHULW ´[Tirmidhi]

8. Not WASTING FOOD, Even if dropped 7KH3URSKHWVDLG³,IDPRUVHORIIRRGIDOOVRQWKHJURXQGDV\RXDUHHDting, pick it up and wipe DZD\WKHGXVWDQGHDWLWDQGGRQRWOHDYHLWIRU6KD\WDQ´[Muslim] From this hadith we learn: 1. Be grateful to Allah for every morsel that even if it falls. 2. When the food falls down, only one layer of it is touched the ground and 99.9% of it is not touched. If you leave it, then Shaytan can come and eat it, and we do not want Shaytan to eat of our food because when the Shaytan eats of our food, we are inviting him in and empowering him.

9. Being GENEROUS With Your Food 7KH3URSKHWVDLG³:KHQRQHRI\RXFRRNVPHDWLQFUHDVHWKHEURWKDQGWKHQJLIWLWWR\RXU QHLJKERXUV´[At Tabarani] In another KDGLWK³:KHQ\RXVKRZ\RXUJHQHURVLW\WRRWKHUV$OODKZLOOshow His generosity to \RX´ In another KDGLWK³7KHIRRGRIRQHSHUVRQVKRXOGVXIILFHIRUWZRDQGWKHIRRGRIWZRVKRXOG VXIILFHIRUWKUHH´ Do not be greedy with food!

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10. NOT CRITICIZING the Food, Even if you Dislike it Abu Hurayrah narrates that the Prophet never criticized any food ever. To emphasize the point, he used double negative. ³,IKHOLNHGLWKHZRXOGHDWDQGLIKHGLGQRWOLNHLWKHZRXOGDEVWDLQ´ [Bukkhari] This contradicts many cultural ideas that the Prophet would eat anything that was presented to him. Criticizing food is highly makruh because it shows we are ungreatful to what Allah has given to us.  

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11. PRAISING Allah Afterwards In the hadith in Sahih Bukhari, thre phrases are similar. When the Prophet would say: ³$OOpraise be to Allah, abundant praise, a pure praise, a blessed praise. I praise Allah in this manner fully realizing that this praise is not sufficient for what He has blessed me with. I fully realize this is not the end and I will never be free of this iteP>LHQHHGWKHIDYRXURYHUDQGRYHUDJDLQ@´

12. MAKING DUA for the One who Hosted You One of the GX¶DVWKH3URSKHWVDLGZDV³ O Allah, bless them in what you have given them and forgive them, and have PHUF\RQWKHP´

13. Eating in MODERATE QUANTITIES 7KH3URSKHWVDLG³7KHZRUVWFRQWDLQHUWKDWDQ\KXPDQFDQILOOLVKLVRZQVWRPDFK,WLV sufficient for a person that he eats a few morsels of food (five or seven morsels) because of which his back will remain straight. But if you want to go more than this, then you may take up to onethird for your food, one-third for your drink, and one-WKLUGIRUWKHDLUWKDW\RXEUHDWKH´[AtTirmidhi] Eating more than one-third becomes makruh.

14. CONTROL 2QH·V%HOFKLQJ

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Once a Bedouin came into the gathering of the Prophet and began belching out loud. The Prophet said, ³2VRDQGVRVWRS\RXUEHOFKLQJEHFDXVHLWLVLUULWDWLQJXV´[At-Tabarani] If belching is makruh, then any other sound emitted are also makruh.

15. Not doing ITTIKA The Prophet once was eating, and a Bedouin came in and saw hi m sitting in a way that the %HGRXLQIRXQGVWUDQJH7KH%HGRXLQVDLG³:KDWW\SHRIVLWWLQJLVWKLV"´7KH3URSKHW

 

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UHVSRQGHG³$VIRUPH,GRQRWHDWZKLOHPXWWDNL´>%XNKDUL@,QDQRWKHUYHUVLRQKHVDLG³ Allah has made me a hXPEOHVHUYDQWDQGQRWDQDUURJDQWNLQJ´ The scholars differed on what muttaki means. Ittika PHDQVWROHDQZLWKRQH¶VEDFNDJDLQVWD VXSSRUWWROHDQRQH¶VOHIWVLGHVXSSRUWLQJWKHERG\ZLWKRQH¶VOHIWKDQGDQGWRVLWFURVV-legged.

Etiquettes of Drinking A lot of what precedes in terms of food also applies to drink as well. Note: Sahih Muslim is one of the most comprehensive encyclopaedias on eating and drinking.

1. Drinking in THREE SIPS Anas ibn Malik narrates that the Prophet would take three sips when he was drinking and would VD\³7KLVLVPRUHTXHQFKLQJKHDOWKLHUDQGVZHHWHU´[Muslim] Three sips means that the Prophet would split the average sip a human being takes into three.

2. Not BLOWING OR BREATING into the Container The Prophet forbade blowing into a container. [Muslim]

3. Avoid Drinking While STANDING The Companions themselves differed over this issue. This is a huge controversy over whether it is makruh or haram or mubah or mustahab to drink while standing? To summarize: There are conflicting hadith in this regard. The first set of hadith seem to prohibit drinking while standing:

Anas ibn Malik says the Prophet zajarah drinking while standing. [Muslim] The term zajarah LVDPELJXRXVDQGFRXOGPHDQµVWURQJO\IRUEDGH¶RUµGLVOLNHG¶DQGWKHGLIIHUHQFH EHWZHHQWKHWZRLVµKDUDP¶DQGµPDNUXK¶The term is not precise.

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7KH3URSKHWVDLG³:KRHYHUGULQNVZKLOHVWDQGLQJVKRXOGYRPLW´In the opinion of many scholars, this hadith is weak and not authentic. The second set of hadith seem to allow drinking while standing. In fact Sahih Bukhari has a chapter titled the Chapter Regarding the Traditions of Drinking While Standing.

 

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Ali ibn Abi Talib narrated that when he was in Kufa, he was brough a container of water WRGULQNDQGKHGUDQNZKLOHVWDQGLQJLQIURQWRIHYHU\RQH+HWKHQVDLG³,NQRZVRPHRI \RXWKLQNWKDWLWLVGLVFRXUDJHGWRGULQNZKLOHVWDQGLQJEXWZD¶OODKL,VDZWhe Prophet GULQNZKLOHVWDQGLQJ´ The Prophet drank zam-zam while standing. [At Tahawi] There was a canister of water stuck to the wall, and the Prophet stood up and unscrewed it and drank the water while standing and then closed it. [Bukhair]

Reminder/Disclaimer All that has preceded is etiquettes of eating and drinking. If you contradict them because you are lazy and not out of arrogance, then there is no sin per se. If you do them wanting to please Allah and follow the sunnah, then Allah will reward you and bless you. The scholars are stricter and say the follow are sinful if not done: 1. Saying the basmalah

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2. Eating with the right hand

 

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General Rule: Everything is permitted unless evidence proves otherwise.  

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The general rule regarding food is that everything is halal unless proven otherwise. This basic assumption can be applied in all matters in our religion. Therefore it is essential to understand the rules. Should a debate take over whether an animal is halal or haram, the person claiming it is haram should bring the proof.

Allah says:  

                         

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Say: I do not find in that which has been revealed to me anything forbidden for an eater to eat, except that it be what has died of itself, or blood poured forth, or flesh of swine-- for that surely is unclean-- or that which is a transgression, other than (the name of) Allah having been invoked on it; but whoever is driven to necessity, not desiring nor exceeding the limit, then surely your Lord is Forgiving0HUFLIXO>$QҵDP@

The phrasing of the ayah shows that everything is halal except that which is listed. Allah (SWT) does not list that which is permissible (halal ) but rather mentions the things that are impressible (haram).

 

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This class is comparative fiqh, meaning that in certain areas there will be differences of opinion. Madhabs are human interpretations to understand the Shariah of Allah. It is not the divine link. Nevertheless, whether a certain opinion speaks to you or not, it is essential to have respect for all the opinions. So which one do you follow? You have two options: 1) You stick to your tradition madhab and follow its fiqh 2) Follow what you are taught and what follows the stronger position based upon evidences from the Quran and Sunnah. Make taqleed to a living person that you trust. It is not permissible to pick and choose the easy position or go to the Quran/Sunnah and drive our own interpretations. General Standing The Hanafi madhab is the strictest in regards to food and most lax madhab regards to drink. Maliki is the exact opposite. The Hanbalis and Shafis stand in the middle. The Shariah has divided animals into four categories: 1) Land animals 2) Sea animals 3) Birds 4) Vermin (insects) It is important to note that this is not a scientific categorization of animals. So does this mean there is contradiction? No. Because the Shariah looks at animals in a certain light while modern science looks at it in another light. We will now look at each category in detail and understand what is permissible and what is not.

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Category 1: Land Animals

 

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The Shariah divides land animals into domesticated animals and wild animals. Domesticated animals are those that humans take care of such as cows, sheep, goat, etc. Wild animals consist of those that do not live among humans such as lion, deer, moose, etc. Wild animals are further divided into predatory (generally haram for consumption because they feed on other animals) and non-predatory (generally halal ). General Rule: Domesticated animals must be ritually slaughtered (dhabh). Non-predatory animals by and large may be hunted. Predatory animals by and large are not allowed.

Animals ALLOWED by unanimous consensus 1. 2. 3. 4.

Cattle (e.g., cows, sheep, goat, camels) Gazelles, deer, antelopes, etc. Wild bovines (buffalos, etc.) Zebras The Prophet (SAW) passed by a group of people who were cooking donkey in the conqXHVWRI0DNNDK+HDVNHGWKHP³What meat is this"´7KH\UHSOLHG³7KLVLV GRQNH\PHDW´7KH3URSKHW 6$: VDLG³$OODKDQG+LV0HVVHQJHUKDYHSURKLELWHG al Humur al ahliyah and have allowed al humur al washiyah.´>0XVOLP@Al humur al ahliyah is donkey and al humur al washiya is zebra (This hadith has been commonly mistranslated) 5. Rabbits Narrated Anas: We chased a rabbit at Mar-al-Zahran and the people ran after it but were exhausted. I overpowered and caught it, and gave it to Abu Talha who slaughtered it and sent its hip or two thighs to Allah's Apostle. (The narrator confirms that he sent two thighs). The Prophet accepted that. (The sub-narrator asked Anas, " Did the Prophet; eat from it?" Anas replied, " He ate from it.") [Bukhari, 746]

Animals PROHIBITED by unanimous consensus

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1) All types of pig, and all that is derived directly from it. Lahma al-khinzeer: the flesh of pig. When Allah prohibits the item that is the most useful (the juiciest part of the animal), then anything less useful is also prohibited. There is no ikhtilaf about this issue. 2) All types of dogs and all that is derived from it is haram except for Maliki says it is Makruh Narrated Abu Huraira: Allah's Apostle said, " If a dog drinks from the utensil of anyone of you it is essential to wash it seven times." (Bukhari: 176)  

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The dog`s physical body is not najas (filthy). What is najas is its saliva. So if a dog makes water filthy, then what about food? 3) Donkeys (``domesticated donkeys`) Donkeys became haram at the Battle of Khaybar. -DDELULEQµ$EG-Allaah (may Allaah be pleased with him) said: On the day of Khaybar, the Prophet (peace and blessings of Allaah be upon him) forbade the meat of domesticated donkeys, but he granted us a concession allowing us to eat the meat of horse. (Bukhari: 5520). 4) Mules Majority of the scholars claim that mules are prohibited because it is an offspring of a male donkey and a female horse. The scholars use the hadith ³the child is ascribed to the father´DQGVD\WKDWWKHPXOHVKDOOEHDVFULEHGWRWKHIDWKHU7KHUHIRUHEHFDuse the father (i.e. donkey) is haram, then the offspring is also haram. The last three (dogs, donkeys, and mules) are considered makruh in Maliki Madbah.

Difference of opinion over horses The Malikis, Shafis, and Hanbalis say that horse is permissible because at the time of the Prophet SAW, the Sahaba (companions) use to sacrifice horses in Madina in a public manner. Since the Prophet SAW did not object, this can be used as a silent hadith. Hanafis say it is not permissible because Allah mentions that horses are created to be ridden on and not eaten.

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And (He has created) horses, mules and donkeys, for you to ride and as an adornment. And He creates (other) things of which you have no knowledge. (An-Nahl: 8)

In response to Imam Hanafi, other scholars have claimed that Allah has mentioned the greatest benefit of horses but that does not mean that it does not have other benefits.

 

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MAJOR RULES Regarding Land Animals Rule 1: E very predator that has fangs Every predator that has fangs is haram because $EX7KD¶ODEDQDUUDWHG Allah's Messenger forbade the eating of the meat of beasts having fangs. (Bukhari: 438) The Malikis say that it is not haram but makruh. Rule 2: E very animal that is mustakhbath Examples: scorpions, snakes, rats, mice, monkeys of all types, hedgehog, porcupine, squirrels, etc. Mustakhbath means anything that is considered disgusting. Allay says:

                                       

Those who follow the apostle, the unlettered Prophet, whom they find mentioned in their own (scriptures),- in the law and the Gospel;- for he commands them what is just and forbids them what is evil; he allows them as lawful what is good (and pure) and prohibits them from what is bad (and impure); He releases them from their heavy burdens and from the yokes that are upon them. So it is those who believe in him, honour hi m, help him, and follow the light which is sent down with him,- it is they who will prosper." (Al-Araf: 157)

 

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Based on this ayah, the Hanafi, Shafi, and Hanbali understood that every animal that you find disgusting is haram. (Note: what is disgusting is labeled by the Shariah, not the individual itself). The Malikis said that the others KDYHPLVXQGHUVWRRGWKHD\DK³ I have allowed that which is pure DQG,KDYHIRUELGGHQWKDWZKLFKLVILOWK\´means that the halal is pure and the haram is filthy. It is not our prerogative to decide what is filthy and pure because Allah has told us what is halal and haram. Therefore the Malikis say that whatever is haram is filthy and there is no such thing as a disgusting animal.

 

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Issue among the three madhabs: How is it decided what is filthy? -Hanafi They did not have a general rule by which they defined mustakhbath. Rather, they use this rule quite liberally to prohibit many items other m adhabib considered permissible. In 6KD\NK
DISCUSSION over the following animals 1) Elephants

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It depends on whether the tusks are classified as fangs or not. Majority of scholars say that the elephant is haram because it has fangs. However, we now know that the elephant is a docile creature and not a predator, and the tusks are not fangs. This shows cultural effects upon our own scholars. At the time, the elephant was looked at a predator and a beast and on top of that the scholars did not visit Africa where the elephants resided.

 

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2) Fox The majority of scholars said that it is haram because it has fangs. Imam Shafi said that they are halal EHFDXVHIR[HVDUHQRWSUHGDWRUV7KHKDGLWKVD\V³every predator that has IDQJV´therefore, there are two conditions: 1) predator and 2) fangs. Foxes are known for snatching chickens. 3) Hyena Many scholars (standard Hanbali and Shafi position) say that they are allowed because they are scavengers and not predators. Imam Hanafi says it is haram. 4) Jackals 5) Dabb .KƗOLGEDO-:DOƯGQDUUDWHGWKDWWKH0HVVHQJHURI$OODKHQWHUHGXSRQ0D\PnjQDKDORQJ ZLWKKLPDQG0D\PnjQDKZDVKLV>.KƗOLG¶V@PDWHUQDODXQWDQGWKHPDWHUQDODXQWRI,EQ ҵ$EEƗVDQGIRXQGWKDWVKHKDGVRPHURDVWHGOL]DUGWKDWKHUVLVWHU+DIƯGDKELQWDO-+ƗULWK had brought from Najd. She offered the lizard to the Messenger of Allah, and [it was his habit] that he would rarely stretch forth his hand to food until he had been told what it was. The Messenger of Allah stretched forth his hand, then one of the women (Hafiza) who ZHUHSUHVHQWVDLG³7HOOWKH0HVVHQJHURI$OODK SHDF e and blessings of Allah be upon KLP WKDWZKDWKDVEHHQRIIHUHGWRKLPLVWKHGDE´7KH3URSKHWZLWKGUHZKLVKDQGIURP the lizard. So Khalid b. al-:DOLGDVNHG³,VLWSURKLELWHG20HVVHQJHURI$OODK"´+HVDLG ³1REXWLWLVQRWIRXQGLQWKHODQGRIP\Seople, and so I find myself having no need for LW´.KDOLGVDLG³7KHQ,FKHZHGLWDQGDWHLWDQGWKH0HVVHQJHURI$OODKZDVORRNLQJDW PH´ (Narrated by al-%XNKƗUƯ and Muslim)

QMajd:  January  2010

 

The weakest usage of this hadith is by the Shafis. Hanbalis said that since the culture does not eat it, then it is not allowed. However this can be used against them as well because the Prophet allowed Khalid to eat it. The Maliki position claims that it was a disgusting animal even to the Prophet but he did not make it haram. Rule 3: T he MDOOƗODK animal A jallalah animal is one that eats as its primary consumption something najas (filthy). The scholars say that the jallalah animal is not allowed because The Prophet forbade  riding  and   drinking  the  milk  of  the  camel,  which  feeds  on  filth.[So  other  animals  will  be  the  same  i.e.  cow,   sheep,  goat  and  so  on  in  regard  to  drinking  its  milk]  (Abu  Dawud:  3778)

 

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All the madhabs consider the jallalah animal to be makruh and not haram. They differed on what is considered a jallalah animal. -Hanbalis and Hanafis: Majority of its food is najas -Shafis: change in its smell (sweat) and taste (milk) occurs To feed an animal najas is haram but to eat the animal is not haram.

Category 2: Sea Animals 1. By unanimous consensus, FISH are permitted Allah praises fish in the Quran in a way that He does not praise anything else. An adjective is used that is not used for any other meat. Surah Fatir, verse 12: Allah says that He has blessed us with sweet water and salt water and from the both types of ZDWHU$OODKVD\V´ZHH[WUDFWDPHDWWKDWLVtaree (beneficial, nutritional, fresh, juicy, VXFFXOHQW µ$OODKSUDLVHVILVKPHDWOLNH+HSUDLVHVQRRWKHU Allah says:

                     

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Nor are the two bodies of flowing water alike - the one palatable, sweet, and pleasant to drink, and the other, salt and bitter. Yet from each (kind of water) do ye eat flesh, fresh and tender, and ye extract ornaments to wear; and in each you see the ships therein that plough the waves, that ye may seek (thus) of the Bounty of Allah that ye may be grateful. >)Ɨ৬ir: 12]

The scholars did not differentiate between whales and regular fish. -ƗELUQDUUDWHG³We set out in the army of al-Khabt and Abu Ubayda (Allah be pleased with him) was the commander of the troops. We were struck with severe hunger and the sea threw out a dead fish the like of which we had never seen, and it was called al-Anbar. We ate of it for half a month. Abu Ubayda took (and fixed) one of its bones and a rider passed underneath it (without touching it). Abu Ubayda said (to us): Eat (of that fish).When we arrived at Madina, we informed the Messenger of Allah (Allah bless him & give him peace) about what had happened, and he said: Eat, for it is food Allah has

 

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brought out for you, and feed us if you have some of it. So some of them gave him (of that fish) and he ate it (Bukhari: 4104). This was the only time the Prophet eat seafood. The Prophet said: ³7ZRGHDGDQLPDOVDQGWZR>W\SHVRI@EORRGDUHSHUPLWWHGIRUXVDVIRU the GHDGDQLPDOVZKDOHVDQGORFXVWVDQGDVIRUEORRGWKHOLYHUDQGWKHVSOHHQ´ [al-Bayhaqi] The Hanafis say that if you do not catch the fish, you must find them on the shore. If you find them into the middle of the ocean, you cannot take it. This is not really followed by the Hanafis themselves. Therefore it is ignored.

2. Animals that live in the water BESIDES FISH These include lobster, octopus, shrimp, etc. The Hanafis use the mustakhbath rule. They found everything besides fish and whales to be mustakbath. The Shafis and Hanbalis, however, said there is not mustakhbath rule for animals in sea because Allah says:

                 

QMajd:  January  2010

 

Lawful to you is the game of the sea and its food, a provision for you and for the travellers, and the game of the land is forbidden to you so long as you are on pilgrimage, and be careful of (your duty to) Allah, to Whom you shall be gathered. (Al-Maidah: 96)

Hadith of the sailor coming to the Prophet. The VDLORUVDLG³20HVVHQJHURI$OODK,DPDVDLORU NOTE:     and sometimes we run out of water. Can we Anything  poisonous  from  the   PDNHZXGXZLWKVDOW\ZDWHU"´7KH3URSKHWJDYH land  or  sea  is  haram.     DJHQHUDOUXOHDQGVDLG³,WVZDWHULVSXUHDQGLWV dead is halal WRHDW´
How about land-equivalent animals? 7KH0DOLNLV+DQEDOLVDQG6KDILVVDLGWKDWWKRVHDQLPDOVZKRVH³ODQG-HTXLYDOHQW´DUHSURKLELWHG are also prohibited. This is an opinion within the latter two madhabs. Examples include sea-dog seal, sea-pig dolphin.  

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The Hanafis said that sharks have fangs and so it is haram but the fang rule does not apply to sea because the ocean is halal.

3. Animals that live ON THE SHORE (between land and water) There are differences of opinion over animals that live on shore such as crabs, turtles and seals. -Hanafi position: none of these animals is permitted. There is no evidence to permit it. -Maliki position: all such animals are allowed.

-Shafi and Hanbali position: blood-flowing animals require slaughter, rest are permitted, except frogs (and crocodiles) for the Hanbalis. The Shafis and Hanbalis considered frogs to be impermissible based upon an exception. Hanafis say mustakhbath and Malikis say that it is halal.

Abd al-5DKPDDQLEQµ8WKPDDQ PD\$OODDKEHSOHDVHGZLWKKLP DFFRUGLQJWRZKLFKDGRFWRU asked the Prophet (peace and blessings of Allaah be upon him) about using frogs in medicine, and the Prophet (peace and blessings of Allaah be upon him) forbade killing them. (AbuDawood: 5269) Also

the Prophet forbade the killing of frogs and said that their croaking is tasbih. If every animal makes tasbih, then how are we allowed to kill animals and not the frog? Response: This is an exception and we do not ask why.

Category 3: Birds

QMajd:  January  2010

 

PERMISSIBLE By unanimous consensus, vast majority of birds are considered permissible. Allah praises it as WKHIRRGRI-DQQDK,Q6XUDK:DTLDK³«WKH\VKDOOKDYHWKHPHDWRIDQ\ELUGWKH\GHVLUH«´

 

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PROHIBITED 1. Birds that have talons (except for Maliki) [i.e. falcons, eagles, kites, hawks] Talons are the claws that the bird hunts with. The Malikis consider them to be makruh. Other scholars say it is haram because ,EQµ$EEDDV(may Allaah be pleased with hi m), who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade every wild animal with fangs and every bird with talons. (Muslim: 1934).

2. Birds that feed off carrion (dead meat) [except for Malik] (e.g., vultures, buzzards, kites) The three madhabs define the mustakhbath bird as one that eats carrion. The Hanafis, Shafis, and Hanbalis consider it hara m to eat large black crows and speckled crows, which are both types that usually eat only carrion, so they are abhorrent to those of a sound nature. This type also include vulture, because they only eat carrion, even though they do not have talons with which they catch prey 3. Hoopoe ( Hudhud) and shrike (Surad) due to explicit prohibition about killing them (Abu 'DZnjG

The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade killing four kinds of animals: ants, bees, hoopoes and sparrow-hawks. (Abu Dawud: 5267 and Ibn Majaah: 3224).

Category 4: Land Vermin Land vermin is everything else such as insects, rats, snakes, lizards, etc.

My unanimous consensus, LOCUSTS are allowed

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Narrated Ibn Abi Aufa: We participated with the Prophet in six or seven Ghazawat, and we used to eat locusts with him. (Bukhari, 403)

O T H E R Vermin Majority of scholars prohibited or considered it makruh (mustakhbath). 0ƗOLNƯVFRQVLGHUHGPRVWSHUPLVVLEOH.  

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Snails, Rats, House Lizards, Crocs, Mice, Spiders, etc Æ all are prohibited by all except Malikis. This is HARAM, because they are disgusting ( Mustakhbath rule). Imam al-Nawawi said that land insects are haram. This is the view of Hanafis, Hanbalis, and Dhahiris. Imam Malik, however, consider them halal. Ibn Hazm said that it is not permissible to eat geckos, wasps, worms, flies, bed bugs, etc. because Allah has forbidden everything that is khabeeth. When Imam Malik was asked by some people of North Africa about eating a snail, he replied, ³7KLVLVWKHVDPHDVWKHORFXVWVR,GRQRWWKLQNWKHUHLVDQ\WKLQJZURQJZLWKHDWLQJLW´7KLVVKRZV that he considered it to be permissible.

Anything else that is NOT an animal (i.e. vegetables and fruits) is halal UNLESS it is harmful or drug injected .

QMajd:  January  2010

 

We do not care who cooks it (i.e. a non-Muslim can cook it) as cooking does not have any condition. So long as we know they are not adding najas to the food, we are permitted to go to non-Muslim restaurant.  

 

Precious  Provisions  

 

3 Categories of Permissible Animals 1. REQURIE Slaughtering These animals must be slaughtered either by the method of dhabh or nahr. Dhabh is done about WKHDGDP¶VDSSO\FORVHUWRWKHWKURDW Nahr is done above the collar bone. The difference is half an inch in goats and three feet in camels.

Nahr is done for the camel. Dhabh is done to other domesticated animals. However, nahr can also be used²its just a matter of what is most comfortable and convenient. What animals fall under this category? By and large, domesticated animals (e.g., sheep, cattle, cows, goats, etc.) fall under this condition. The scholars have also added that if a wild animals that is usually killed through hunting is under your control and not dangerous, then you have to slaughter it.

QMajd:  January  2010

 

2. May be HUNTED (sayd) Non-predatory are usually hunted. For example a deer which is not under your control. Hunting is a concession²you shoot any part of the body and the animal bleeds to dead. This is a concession because you cannot physically have the animal in your hand to do dhabh. Hunting is a separate chapter of fiqh which we will not discuss in deal here.

 

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Allah says:

They ask you as to what is allowed to them. Say: The good things are allowed to you, and what you have taught the beasts and birds of prey, training them to hunt-- you teach them of what Allah has taught you-- so eat of that which they catch for you and mention the name of Allah over it; and be careful of (your duty to) Allah; surely Allah is swift in reckoning. >0Ɨ‫ގ‬LGDK@ Separate chapter of fiqh deals with issues such as: Who is allowed to hunt? A person in the state of ihram is forbidden from hunting. Also, people of religions other than the Abrahamic religions are not allowed to hunt for us. With what may one hunt? Scholars agree that you can hunt with a dog, birds, and sharp instruments (i.e., kill by bleeding and not by weight). You cannot beat an animal to death or starve them to death. Animals traps are forbidden in Islam. A bullet is allowed because it pierces and bleeds. Scholars different over black dogs. &KDUDFWHULVWLFVRIDµWUDLQHG¶GRJ" The books of fiqh discuss dog training because Allah says in the Quran that you can hunt with a trained dog. The scholars of fiqh then have to clarify what constitutes a trained dog. Simply rule: if you tell your dog to stop eating and it stops eating, then it is a trained dog. The dog has to hunt for you and not for itself.

QMajd:  January  2010

 

Procedure of H unting For Shafis, saying the Tasmiya is Sunnah while it is mandatory for others. For the three madhabs, if you intentionally did not say bismillah when you shoot an arrow, then the meat is not allowed.

 

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Allah says:

                     

They ask thee what is lawful to them (as food). Say: lawful unto you are (all) things good and pure: and what ye have taught your trained hunting animals (to catch) in the manner directed to you by Allah. eat what they catch for you, but pronounce the name of Allah over it: and fear Allah. for Allah is swift in taking account. [A;-0D¶LGD@ What if you intended a specific deer and the dog captured another? The Majority of scholars say it is irrelevant which animal is killed and the bismillah is attached to the instrument used.

What if you are in doubt as to how the animal died? For example, you shoot a bird and it falls into the water and you are not sure if it died due to the bullet or because of drowning. In such case, all four madhabs say: when in doubt, you must leave it. When you do not know how the animal died, you are not allowed to eat it because it may be maytah. $PDQDVNHGWKH3URSKHW³What if I send my dog and it loses sight and when I reach, there DUHRWKHUDQLPDOVSUHVHQW"´WKH3URSKHWVDLG³ Do not eat because you only said bismillah IRU\RXUGRJ´

3. Eaten WITHOUT Slaughtering or Hunting: Fish & Locusts

QMajd:  January  2010

 

Seafood even if you find it dead is halal for you. It does not matter who catches it either. It is permissible because there are no rules associated with seafood or locusts.

 

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Conditions of Slaughter There are numerious hadith that talk about the conditions of slaughtering. We will discuss five major points here. 5ƗILҵE.KDGƯMDVNHG³20HVVHQJHURI$OODK:HKDYHQRNQLIH>ZLWKZKLFKWRVODXJKWHU@´7KH 3URSKHWVDLG³:KDWHYHU>LQVWUXPHQW@FDXVHVEORRGWRJXVKRXWDQGZKDWHYHU>DQLPDO@$OODK¶V name is mentioned over, eat (of it). >0XWWDIDT‫ޏ‬DOD\K@

1. INTELLIGENCE (not EXOşJK) of the one who slaughters What is important is the niyyah (intention) to kill. Majority of scholars say that the person has to be able to intend slaughter7KHHYLGHQFHIRUWKLVLVLQ%XNKDULWKDW³ all actions are by LQWHQWLRQV´ The Shafis, however, said it is not a necessary condition, but preferred. However the blood flows is okay so long as it flows. No scholar has set bulugh has a condition of taharah to slaughter. A person can be in a state of janabah (impurity) and is permissible to slaughter. No scholar differentiated between men and women slaughtering.

2. RELIGION of the One Who Slaughters By unanimous consensus, Muslims, original Christian or Jew are allowed to slaughter. ,QFDVHRIµ$UDEDQGFRQYHUW&KULVWLDQVWKH6KDILVSURKLELWHG&ODVVLFDO6KDILVKDGDVWUDQJH opinion which modern Shafis had discarded. There was a group of Arabs who embraced Christianity because they were interacting with the Romans. The Shafis did not view them as real Christians and said that the only thing they kow of Christianity is to drink alcohol.

QMajd:  January  2010

 

By and large, the madhahibs say: any Christian, Jew, or Muslim is allowed to slaughter for us. A Christian is someone who belies in Jesus Christ and the trinity regardless of if they view him as the son of God or not. A Christian by definition believes in blasphemy. What about the heretical groups within Christianity? At that time, there was only Roman Catholicism. Protestantism is close to Islam than Catholicism, so they fall under the group of Christians. The differences between Roman Catholics and Greek Orthodox are minor. What aERXWPLQRUIULQJHJURXSVVXFKDVWKH0RUPRQV",Q6KD\NK
 

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prophet and a different book and revelation. [They are like the Qadiyyanis of the Christians]. The Amish are pure Protestants, and their meat is permissible. By and large, America is a Christian nation. However, when it comes to many European countries, we cannot make that claim anymore (e.g., Denmark, Sweden, Finland) because many claim to be agnostic and atheist. How do you know the one who slaughtering in North America? It is safe to presume that the majority of the laborers are Roman Catholic. Therefore, this issue would not be a problem.

3. The INSTRUMENT Used T wo conditions: 1.That it be a sharp instrument that kills by cutting, and not weight 2. That LWQRWEHPDQXIDFWXUHGIURPDQDQLPDO¶VWHHWKRUFODZV Scholars made two conditions. The main condition is that the slaughter should be done by a sharp instrument that causes the animal to bleed and not by a blunt instrument that causes the animal to die of blows. The animal should be killed by the sharpness and gushing of the blood. There is unanimous consensus on this. If you kill by bluntness and blowing, then no blood flows out, and it is not dhadb.

QMajd:  January  2010

 

The second condition is that the knife cannot be made from animals, teeth, or claws (i.e., an ivory knife is not allowed). The Prophet instructed animals to be slaughtered except with teeth/claws or nails. This hadith is ambiguous and many scholars interpreted it to mean that slaughtering cannot be done with instruments made of teeth or nails. Other scholars said, in jahiliyy society, they would claw a chicken to death or rip it open and let it bleed, so when the Prophet said this, he is saying to not slaughter in the jahiliyy practice. >,Q6KD\NK
 

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The problem that arises: a large percentage of these animals will die before the cow is placed on the machine or the knife reaches the throat. This raises condition #3. Regarding chicken, the voltage is so low that very few chickens actually GLH5HJDUGLQJODUJHUDQLPDOVWKHSHUFHQWDJHLVKLJKHU,Q6KD\NK
4. VEINS that need to be Cut Mammals have four primary arteries: trachea (air passage), esophagus (food passage), and two jugular veins (blood arteries). Perfect Slaughter: all four arteries, while leaving the spinal cord (unanimous consensus) By almost unanimous consensus, if all four are cut along with the spinal cord, the animal is still halal even though what you have done is makruh.

QMajd:  January  2010

 

How many of these need to be cut? What is the bare minimum quantity of passages that need to be cut? If you slaughter a goat or sheep, if you cut 1.5 inches, they you have done all four. x Imam Malik and Hanbali: all four must be cut x Abu Hanifah: any of these three must be cut x Standard Maliki madhab position: the tachea and the two jugular vein are the minimum (esophagus is voluntary) x Abu Yusuf (student of Imam Abu Hanifah): the trachea, the esophagus, and one of the two jugular veins is wajib x Standard Shafi and Hanbali opinion: trachea and esophagus

 

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*None of these positions have textual evidences: Shaykh Yasir leans toward at least one of the jugular veins being cut because blood must gush out

5. The TASMIYA (the Basmalah) Is it mandatory or sunnah to say the basmalah? Crux of the matter with respect to meat available here. This issue differentiates those who think it is permissible to eat meat outside and those who do not. x

)LUVWRSLQLRQ2EOLJDWRU\WRPHQWLRQ$OODK¶VQDPHLQDOOFLUFXPVWDQFHV If you do not say bismillah, the meat is haram. This is the opinion of Hanbali madhab, Ibn Taymiyyah, and Ib Al Qayyim.

x

6HFRQGRSLQLRQ2EOLJDWRU\WRPHQWLRQ$OODK¶VQDPHEXWIRUJiven if accidently forgotten You have the intention to say bismillah but you forget at the time of slaughter (i.e., accidentally you forget). This is the opinion of mainstream Hanbali scholars, the Malikis and the Hanafis.

x

Third opinion: Mentioning AllDK¶VQDPHLVPXVWDতab. The tasmiya is recommended but not obligatory in all circumstances. This is the opinion of Shafis. They say it is not an act of worship and niyyah is not needed.

EVIDENCES

.

E vidence for the First O pinion: the tasmiya is obligatory in all circumstances.

QMajd:  January  2010

 

PR O O F O N E : Sacrificing an animal is an act of worship with specific conditions Since it is an act of worship, it has conditions and of those conditions one is to say bismillah arRahman arRaheem. (for the Shafis, it is not an act of worship because you do not need a niyyah).

 

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Allah says:

To every people did We appoint rites (of sacrifice), that they might celebrate the name of Allah over the sustenance He gave them from animals (fit for food). But your god is One God: submit then your wills to Him (in Islam): and give thou the good news to those who humble themselves. [Al- Hajj :34] PR O O F T W O : T he V erses of al-A n‫ޏ‬am $OODKVD\VLQ6XUDK$Q‫ޏ‬ƗPYHUVHV-121

118. Then eat of that on which the name of Allah has been pronounced, if you believe in His signs. [C OMMAND]

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119. Why should ye not eat of (meats) on which Allah.s name hath been pronounced, when He hath explained to you in detail what is forbidden to you - except under compulsion of necessity? But many do mislead (men) by their appetites unchecked by knowledge. Thy Lord knoweth best those who transgress. [RH ETORICAL REBU K E]

 

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121. Eat not of (meats) on which Allah.s name hath not been pronounced: That would be impiety. But the evil ones ever inspire their friends to contend with you if ye were to obey them, ye would indeed be Pagans. [PRO HIBITION]

When you sacrifice an animal, there are three logical scenarios: 1) mention $OODK¶VQDPH  PHQWLRQDIDOVHJRG¶s name, 3) mention no name. The Quran has prohibited mention other than Allah. To sacrifice for other than Allah is an act of shirk. PR O O F T H R E E : It is of the signs of being a Muslim, just like prayer and facing the qibla . It is related that Anas ibn Malik said that the Messenger of Allah, may Allah bless him and grant him peace, said, " Whoever prays our prayer and faces our qibla and eats what we slaughter, he is a Muslim and is under the protection of Allah and the protection of His Messenger. Do not act treacherously against Allah with respect to those under His protection." [Bukhari] PR O O F F O U R : Strictness shown in hunted animals, so how about non-hunted? $Enj7KDҵODEDDO-.KXVKDQƯDVNHG³20HVVHQJHURI$OODKZHOLYHLQDODQGZKHUH>SHRSOH@KXQW I hunt with my bow, and with my trained dog, and with my untrained dog, so tell me what is SHUPLWWHGIRUPH"´+HUHSOLHG³
QMajd:  January  2010

 

PR O O F SI X : 6KD\WƗQeats from meat over which no name is mentioned When Shaytan asked Allah what will be his provision, Allah said: any animal over which My name has not been mentioned.

 

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E V I D E N C ES IRUWKH6HFRQG2SLQLRQ2EOLJDWRU\WRPHQWLRQ$OODK¶VQDPH but forgiven if accidentally forgotten This is the modification of the first opinion. All of the evidence for the first opinion are also used by those who hold this option. They just added: ³0\/RUGKDVIRUJLYHQIURPP\QDWLRQPLVWDNHVIRUJHWIXOQHVVDQGZKDWWKH\ZHUHIRUFHGWR GR´>$‫ۊ‬mad]

E V I D E N C ES for the T hird O pinion0HQWLRQLQJ$OODK¶VQDPHLV Mustahab PR O O F O N E : E xplicit ‫ۊ‬DGƯWK ³$0XVOLPVDFULILFHVXVLQJWKHQDPHRI$OODKUHJDUGOHVVRIZKHWKHUKHYHUEDOL]HVLWRUQRW´ Reported by al-'ƗUDTX৬QƯFRQVLGHUHGZHDNE\DOOGLVFHUQLQJVFKRODUVRI‫ۊ‬DGƯWK The very fact that a Muslim sacrifices is bismillah. The hadith is saying that even if he does not say it, it is embodied in him. Even the Safi muhadithhoon (al-Nawawi, Ibn Hajr) clearly said that this hadith is weak and fiqh is not built on weak hadiths. PR O O F T W O : µ
QMajd:  January  2010

 

Hadith of meat being presented to some sahabah: Aisha narrates that a group of people came to WKH3URSKHWDQGVDLG³20HVVHQJHURI$OODKVRPHSHRSOHVHQGXVPHDWDQGZ e do not know ZKHWKHUWKH\PHQWLRQWKHQDPHRI$OODKRYHULWRUQRW´7KH3URSKHWVDLG³\RXVD\ELVPLOODK DQGWKHQHDWRYHULW´$LVKDDGGV³7KLVJURXSKDGMXVWDFFHSWHG,VODP´ [Bukhari] The Shafis say that this hadith shows the the bismillah is not wajib. Other scholars say that this is a hadith against their opinion. The other three madhahib say to look at the hadith and if bismillah had been sunnah, it would not matter whether they said bismillah or not, but the Propeht did not say that and did make a big deal of saying bismillah over it. The context of the hadith shows us that bismillah is very important but we do not have to go spying on other Muslims to find out and if they make a mistake, it is between them and Allah. If there is a reason for doubting, then we should say it ourselves. The hadith in fact is not related to the bismillah being sunnah or not but rather on how suspicious you should be of other Muslims. The Shafi scholars said that this hadith should be used to prove that we should think the best of other Muslims and not spy on them. People who use this hadith usually disregard the ending which tells us that these people were actually converts to Islam and not Christians or Jews.

 

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PR O O F T H R E E : Sacrificing is not a purely religious act (WDҵDEXGGƯ). Refutation of this proof: Every verse in Which Allah commands you to sacrifice tells you that it is an act of worship. Allah says:

                       

Therefore turn in prayer to your Lord and sacrifice (to Him only). [Al-Kauthar: 2]

PR O O F F O U R : A llah allowed us to eat their meat while knowing how they kill. This is the most difficult to refute without knowledge of usul al fiqh. They say: when Allah allowed us to eat their meat, surely He knows how they are sacrificing. Therefore, when Allah VD\VLQWKH4XUDQ³WKHUHIRRGLVhalal IRU\RX>6XUDK0D¶LGDK@WKHQ$OODKNQRZVKRZWKH\ sacrifice, therefore, we do not have to ask and can just eat of their food. Refutation: They are using general versus specific verses. Ask: In many Christian lands, they do not kill the animal by slaughtering it but beat it to dead. Ask the Shafi scholar: if they electrocute the animal and it dies in front of you, the meat is not alloed for you but ahl al kitab will eat of it. $OODK¶VNQRZOHGJHLVLQILQLWHDQGNQRZVKRZWKH\VDFULILFHEXWWKHTXHVWLRQLV,VWKLVDSSURYHG by Allah? Is this what Allah wants them to do? The three madhahib say no. We are allowed to eat of their meat as long as the five conditions are met. Allah has given a concession, and if all of the other conditions are met, then the meat of a Christian or Jew can be eaten. PR O V E F I V E : T he verses of al-0D¶LGDK abrogate the verses of al-$Q¶DP

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Verses of MD¶DGDKDUHWKRVHWKDWDOORZXVWRHDWWKH meat of ahl al kitab. The verses of Anàm are to not eat the meat over which Allah`s name was not mentioned. Ma¶LGDKLVRQHRIWKHODVWVXUDKVHYHUWR be revealed. The other three madhahib say that abrogation is the last resort, and you never use abrogation when you can reconcile (a principle from usual al fiqh). Also, there is no need to resort to abrogation because we can reconcile. When an ahl al kitab person says bismillah, we can eat their meat. Also, abrogation  

Dialogue:       Y͗͞zŽƵĂƌĞƐĂLJŝŶŐůůĂŚ allows  the  meat  of  the   ƉĞŽƉůĞŽĨƚŚĞŬ͘ZŝŐŚƚ͍͟   A:  Yes     Q:  Do  our  people  of  the   Book  eat  pork?     A:  Yes     Y͗ŝĚŶ͛ƚůůĂŚŬŶŽǁƚŚĞLJ would  eat  pork?       Also  if  a  Christian  beats  an   animal  to  death,  do  you  eat   it?        

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cannot occur in factual statements and can only occur in laws. Eating such meat is a sin is not a law but a statement of fact. You cannot abrogate a statement of fact; therefore, there is no such abrogation. The other three madhahib DUHDVNHGWRZKDWGRWKHYHUVHVRI0D¶DGDKDSSO\"7KH\ respond: Allah is referring to when these five conditions are met. The meat upon this si done in our times is kosher or equivalent. It is a fundamental mistake to equate kosher with the meat available in the marketplace. The Christians and Jews do not have to say Allah because they believe in the same God as we do and can say in the name of God. The reason why there is a concession for ahl al kitab is because they believe in the same God we do. It is well known that Christians do not mention the name of God. However, if you have a Christian friend who goes hunting or has a farm and gifts you some meat, ask him to mention the name of God over it. Ibn Al Qayyim`s comment: He says that mentioning the name of Allah removes filth from the animal.

O pinions of some famous scholars -

Modern ণanafis They are following the classical Hanafi textbooks. They say the meat is haram to eat.

-

0RGHUQ6KDIL‫ޏ‬ƯV It is halal to eat

-

Modern ণDQEDOƯV It is haram to eat the meat.

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Why is this a cultural issue? The majority of madhabs say it is haram but the Arabs by and large think it is permissible while desis think it is haram? Modern Hanbali scholars say that it is haram, and modern Maliki scholars say it is haram. The one opinion that has been complete distorted is that of Shaykh Ibn Uthaymeen. Shaykh Ibn Uthaymeen ( rahimahullah) followed the first of the three opinions. (Shaykh Bin Baaz followed the second opinion). Shaykh Yasir was there when the conversation took place. He said, ³(YHQLIDSHUVRQDFFLGHQWDOO\IRUJHWVLWLVharam WRHDWWKHPHDW´,QWKH4 $D EURWKHUVDLG³,Q1RUWK$PHULFDWKH\GRQRWVD\DQ\WKLQJZKHQWKH\VODXJKWHUWKHPHDW´7KH 6KD\NKVDLG³\RXGRQRWKDYHWRUHVHDUFKZKDWWKH\DUHVD\LQJDQGWKH\DUHWHFKQLFDOO\REOLJHG WRVD\LW´+HSUHVXPHGWKDW&KULVWLDQVDUHIROORZLQJWKHLUERRNDQGPHQWLRQWKHname of Allah when they sacrifice and he applied the hadith LQ%XNKDUL7KHPDQVDLG³,DPQRWUHVHDUFKLQJRU spying, and we all know for a fact that they do not say bismillah . The Shaykh said, ³LQWKDWFDVH  

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for you it is haram to eat. ´6KD\NK8WKD\PHHn had a different understanding of people in North America and his position was GRQ¶WDVNGRQ¶WWHOOWe know that they are not following their shariah, therefore, according to the usul of Shaykh Uthaymeen, the meat would be haram. Modern Hanbalis, Malikis, and Hanafis are following their madhahib. Why is there a cultural GLYLGH"6KD\NK
Summary of Fiqh Issues Pertaining to Commonly Available Meat 1. Religion of the one sacrificing. In European countries, it is not safe to extrapolate and say that they are all Christians. They have a high percentage of atheists and agnostics. They do not have large number of immigrants working in their meat factories. Therefore, for European countries, this is a huge factor. In America, we can assume that the people working in these plants are Christian. 2. State of animal as instrument cuts throat. By and large, we an assume that chicken passes this test because the voltage level is low and only stuns it. When it comes to livestock, 20-40% are dead before the knife reaches the throat. Therefore, poultry is halal and beef is haram. 3. 0HQWLRQLQJ$OODK¶VQDPH. The three madhahib say that it is a condition. Ritual slaughters are only done by the Muslims and orthodox Jews.

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4. Cleanliness of the animal itself. Even if the animal is fed najas or has hormones, the majority of scholars say that it is makruh and not haram. Note'LVWLQFWLRQEHWZHHQµ‫ۊ‬DOƗO¶DQGdhabiha has no real fiqh basis ± cultural difference. Halal and dhabiha are synonymous in the books of fiqh. Shafis define it one way and the other three madhahib define it in another way. This does not have a legitimate fiqh basis. It is a completely modern American cultural fiqh connotation.

 

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Problems and Solutions PR O B L E M : This issue, while not as divisive as the moon-sighting one, understandably raises tension between Muslims. Even worse, it has taken on a cultural dimension that exacerbates the matter. SO L U T I O N: Educating the Muslims that this is a classical difference of opinion that transcends cultural lines.

PR O B L E M : There is a very real problem regarding ‫ۊ‬DOƗO meat in this country. Muslim butchers themselves many times follow dubious practices. SO L U T I O N: Dire need to form a national body that certifies ‫ۊ‬DOƗO butchers (gradation system?)

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PR O B L E M : Large-scale meat-processing plants present unique issues which might not have simplistic answers. SO L U T I O N: 7KDW¶VZK\WKHGRRURILMWLKƗG remains open ± OHW¶VXVHLW

 

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Ibn al-4D\\LP¶V G 3V\FKR-VSLULWXDO&RPPHQW« ( Wisdom behind saying bismillah) Ibn al-4D\\LPZULWHVUHJDUGLQJDQLPDOVWKDWDUHVODXJKWHUHGLQRWKHUWKDQ$OODK¶VQDPH³>WKLV@ slaughtering gives the slaughtered animal a type of filth that necessitates its prohibition. For mentioning the name of idols, or starts, or jinns over the slaXJKWHUHGDQLPDOJLYHVLW¶VDW\SHRIILOWK«ZKLOH mentioning the name of Allah alone causes it to acquire a purity. And Allah has made the [animals] over which His name has not been mentioned fisq, and that is filthy. There is no doubt that mentioning the name of Allah over a slaughtered animal purifies it, and expels Shaytan both from the one sacrificing and the animal that is sacrificed. So if the name of Allah is not mentioned, Shaytan remains a part of [both] the one who sacrifices and the animal that is sacrificed, which in turn causes a type of filth in the animal. $QG6KD\WDQUXQVWKURXJKWKHEORRGYHLQVRIDQLPDOV«VRZKHQ$OODK¶VQDPHLVPHQWLRQHGE\WKH slaughter, Shaytan is expelled along wiWKWKHEORRGWKXVSXULI\LQJWKHVODXJKWHUHGDQLPDO$QGLI$OODK¶V name is not mentioned, the filth is not expelled. And if the name of other than Allah is mentioned, from the devils or idols, this causes the animal to acquire yet another type of filth. And slaughter is a type of ZRUVKLSZKLFKH[SODLQVZK\$OODKSDLUVWKHWZRWRJHWKHUDVLQµ6RSUD\WR\RXU/RUGDQGVDFULILFHWR +LP¶DQGµ6D\³P\SUD\HUDQGVDFULILFHDQGOLIHDQGGHDWKDUHRQO\IRU$OODK/RUGRIWKH:RUOGV¶DQG µ$QGZHKDYHPDGHthe sacrificial animals from amongst the signs of Allah, you have much good in it. So mention the name of Allah over it as they are lined up, and when their sides fall, then eat of it, and feed WKHLQGLJQDQWDQGGHSULYHG«¶6R$OODKLQIRUPHGXVWKDW+HKDVgiven ownership and power over these DQLPDOVWRWKRVHPHQWLRQ$OODK¶VQDPHRYHULWDQGWKDWWKURXJKLWRQHFDPHDFKLHYHWDTZDDQGWKDWLV FRPLQJFORVHUWR+LPWKURXJKLWDQGPHQWLRQLQJ$OODK¶VQDPHRYHULW6RLI$OODK¶VQDPHLVQRW mentioned over it, it ZRXOGEHSURKLELWHGWRHDWDQGZRXOGEHGHVSLVHG«´

QMajd:  January  2010

 

,¶ODPDO-PXZDTTL¶LQYS

 

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,Q6KD\NK
1. 7KH6WDWXVRI¶$OFRKRO· The issue of alcohol is crucial when it comes to products in North America. The problem is that people have messed up organic chemistry with shariah. In organic chemistry, alcohol is anything with an ±OH radical. The chemical definition has little to do with the Shariah definition. In other words, it does not mean that if something is called an alcohol, chemically does not make it khamr. The Islamic definition of khamr LVµWKDWZKLFKLQWR[LFDWHV¶0RVWDOFRKROVGRQRW intoxicate. Ethanol is used in the manufacturing of alcohol. Whatever a human being can consume is considered large quantity. If there is a trace amount of kha mr in a product, and if you were to drink twenty glasses and not become intoxicated, then it is not forbidden. If there is a trace amount that is less than it detectable or what you can become high of, then it is not prohibited (e.g., grape juice).

QMajd:  January  2010

 

General Rule: ³:KDWHYHULQWR[LFDWHV in large quantities is prohibited in VPDOOTXDQWLWLHV´ DO-Nisa)  

Beer intoxicates after 5 to 10 glasses, thus a spoonful of beer is harm. It is haram to eat or drink it but is it also haram to apply it on the body? Is khamr najas or not? Khamr is clearly haram to drink, but what if we apply it on our lotions and gargle with it or it is in our perfumes? This goes back to the classic difference of opinion on whether khamr is najas or not. If you say it is not najas, then it can be put on your body and it would not be haram.

 

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FIRST OPINION: Alcoholic Drinks are Najas Four schools, Ibn ণazm: 1. Allah says:

³2\RXZKREHOLHYHLQWR[LFDQWVDQGJDPHVRIFKDQFHDQG VDFULILFLQJWR VWRQHVVHWXS and (dividing by) arrows are only an uncleanness (rijs), the Shay‫ܒ‬DQ¶VZRUNVKXQLW WKHUHIRUHWKDW\RXPD\EHVXFFHVVIXO´ [al-0Ɨ‫ޏ‬LGD@ This is the strongest evidence. The majority say that rijs is filthy. Allah calls khamr rijs, and they say that rijs is najas. 2. The command to wash dishes of $KO.LWƗE because they eat pig and drink wine. ³ O Messenger of Allah, we live in a land of Jews and Christians, can we use their XWHQVLOV"´7KH3URSKHWVDLGWKDWLI\RXGRQRWKDYHDQ\RWKHUFKRLFHWKHQZDVKWKHP first. The Majority say that the Prophet told us this because they eat pork and drink wine. 3. It is prohibited in the strictest of terms, hence must be najas. He prohibited transporting it, selling it, etc. therefore, it must be najas.

Prophet Muhammad (pbuh) said: *RG¶VFXUVHIDOOVRQWHQJURXSVRISHRSOHZKRGHDO with alcohol. The one who distills it, the one for whom it has been distilled, the one who drinks it, the one who transports it, the one to who it has been brought, the one whom serves it, the one who sells it, the one who utilizes money from it, the one who buys it and the one who buys it for someone else." (Sunan Ibn-I-Majah: 3380).

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4. ,Q-DQQDK$OODKGHVFULEHVZLQHDV³$QGWKHLU/RUGZLOOJLYHWKHPD‫ܒ‬DKnjU GULQN´>DO,QVƗQ@ The wine of Jannah does not intoxicate. Tahur means pure and purifying (highest level of purity).

 

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SECOND OPINION: Alcoholic Drinks are NOT Najas This is the position of very minority throughout our history. Each person who held this opinion is a heavy-ZHLJKW5DEL¶D PDLQWHDFKHURI,PDP0DOLN $O0X]DQL PDLQVWXGHQWRI6KDIL  Dawud Al Dhahiri (founder of Dhahiri madhab), As-Sanani (famous scholar from yemen), Ash Shawkani (intellectual descendant of As-Sanani), Siddiq Hassan Khan (founder of ahl al hadith movement²studied under students of Ash Shawkani), Ahmad Shakir of Egypt, and Shaykh Ibn Uthaymee. 1. The base ruling is that all things are pure unless explicit evidence otherwise; there is no explicit evidence here. Response to proof 1: rijs means spiritually filthy and not physically filthy. Gambling poker chips are not najas, idols are not physically najas, arrows are not physically najas. Response to proof 2: If you can taste the wine, it is haram to ingest. The two are not the same: not every haram is najas, but it may be haram for you to eat it. Poison is haram but not najas. Response to proof 3: idolatry is prohibited more than drinking alcohol and idols are not najas. Just because something is haram, it does not make it najas. Every najas is haram, but not every haram is najas. Response to proof 4: the wine of Jannah is tahur, and the wine of this world is tahir. 2. Action of the Companions in pouring wine into the streets of Madinah.

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They say that when kham r was prohibited in Madinah, they broke the wine bottles and spilled it into the streets, and people would walk over it for days. Are you allowed to throw najas in the street where people walk? No. If khamr had been najas, would the sahabah have been allowed to discard it where people walk? The very fact they discarded it in the streets and not in the restroom area or the trash area is evidence that the sahabah did not think of alcohol as being najas. Shaykh Yasir prefers going with the majority, but sometimes you have to contextualize. Looking at the evidences in a neutral matter, those holding the second opinion have a point. This is an opinion that is being resurrected, and many large Islamic fatwa councils are re-thinking the issue. We cannot live in the modern world without coming into contact with products with khamr in it. It appears that khamr is not najas. Thus, anything that has ethanol in it, there is no problem applying it externally.

 

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How about ingesting it? Here we follow a number of opinions. 1. )ROORZWKHJHQHUDOUXOH³ That which intoxicates in large quantities is forbidden in small TXDQWLWLHV´Thus, one teaspoon would make it haram because it si a small quantity. 2. The need ad necessity for the product. May medicines in our times have quantities of HWKDQROLQWKHP7KHUHDUHQRDOWHUQDWLYHVRPHWLPHV6RPHRQHVDLG³ZHGULQNDOFRKROIRU PHGLFLQH´7KH3URSKHWVDLG³LWLVDGLVHDVHDQGQRWDPHGLFLQH´7KHhadith does not apply. No one is drinking Rohitussin, for example, as khamr, and alcohol is used as a medium for the drug to go from the bottle to your stomach. It is makruh and should be avoided. Can the same ruling be applied to food flavoured with alcohol? If the quantity is insignificant, then we can overlook it (e.g., homeopathy). Those who take and believe in homeopathy take pills that have quantities of ethanol in them. You can swallow the entire bottle and nothing will happen, so we can apply the hadith WKDW³ZKDWHYHULQWR[LFDWHVLQODUJH TXDQWLWLHVLVQRWDOORZHGLQVPDOOTXDQWLWLHV´ How about denatured alcohol? Denatured alcohol is one that has been chemically altered such that you cannot get high off of it. Therefore, it is not Islamically kham r. Also, pure 100% ethanol used to sterilize equipment is not khamr at all and will blind a person if it is drunk. By and large, small and traces quantities are overlooked. Also, there is laxity in its use in medicines.

2. Chemical Changes LVWLKœOD FIRST OPINION: Chemical Change Does Not Purify Except in Specific Circumstances Majority position RIWKH0ƗOLNLV6KDIL‫ޏ‬ƯVণanbalis. E X C E P T I O NS: 1. Wine changing to vinegar by itself (almost LMPƗҵ)

QMajd:  January  2010

 

Vinegar is a by-product of khamr. The ProphHWZDVJLYHQYLQHJDUDQGVDLG³:KDWD JRRGFRQGLPHQWLVYLQHJDU´[Muslim] This shows that vinegar is halal. They say said that vinegar is only halal if the wine transforms into vinegar without human intervention. They wanted to shut the door for Muslims getting into the wine business.  

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7KH3URSKHWZDVDVNHG³6KRXOGZHQRWWXUQLW>LHWKHZLQH@LQWRvinegar? He replied, ³1R´ [Muslim]

Muslim would have to buy vinegar from non-Muslims and not make them themselves. Red-wine vinegar does not mean that it is has red wine in it but that the intermediate stage was red wine. 2. Tanning of leather for dead animal (except for Hanbali) Carrion is najas, but can you utilize the skin and tan it? Yes.

SECOND OPINION: A Chemical Change Purifies an Impure Substance Held by the ণDQDIƯV'KƗKLUƯV VRPH0ƗOLNLV,EQ7D\PL\\D and others. The worst najas is used as fertilizer and feeds the food that we eat. Shaykh Yasir has no doubt that this is the correct position. They respond to those of the first opinion: you took two things, but what gives you the right to prohibit everything else? 1. ³:KDWDJUHDWFRQGLPHQWLVYLQHJDU´>0XVOLP@ The fact that the Prophet eat vinegar shows a chemical change is halal. 2. ³:KDWHYHUVNLQLVWDQQHGKDVEHFRPHSXULILHG´>$EX'DZnjG@ 3. Change of name. When a pig decomposes into fertilizer, it is not called pig. When carrion changes chemically, you do not call it dead meat.

QMajd:  January  2010

 

The OIC (Organization of Islamic Conference) has 60-70 scholars from all over the Muslim world and they release fatwa annually. One of these fatwa is that a chemical change makes a substance pure. Thus, based upon this, even if something is derived from a dead animal or pork, it a chemical change occurs, then it will be pure. The key question: has a chemical change occurred? You have to do the research.

 

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Issue of Gelatin: Gelatin is a substance that is found on the outer layer of bones, in particular cartilage. It gives a type of shape and body such as in jello. Although it can come from fish, vegetables, and chemically manufactured, 60% of it comes from animals which is the cheapest and most common way of extracting it. Kosher gelatin is fish gelatin. Since the cheapest and most common way is to get if from animal bones (cows and pigs), it becomes problematic because: 1) does a chemical change occur? If it does occur, then it is okay 2) if a chemical change does not occur, then a Shafi can take beef gelatin. If you do not follow the Shafi position, then even this would be haram. From Shaykh Yasir and researchers who have stupid gelatin, it is obvious that a chemical change does not occur. They take the bone and put it in a solvent so that the gelatin is transferred from the bone into a solvent and made into a powder. If it is haram to eat the animal, it is haram to eat the bones, and it is haram to eat the gelatin.

3. Extremely small quantities of impurities (istihlak) Evidence are in the article: Of Mice and Men²The Cheese F actor. (article discussing why Doritos is not haram) http:/ /muslimmatters.org/2007/07/09/of-mice-and-men-the-cheese-factor/

QMajd:  January  2010

 

Cheese utilizes something called rennet, which is taken from beef or pig. The quantity of najas rennet that remains is 0.0001%. The Sharaiah is pragmatic. The question arises: what is the percentage? Herein lies the conundrum and no such figures appear in our texts. We do not know the cut-off point. Shaykh Yasir asked Shaykh Uthaymeen ( rahimahullah) this question and he responded that the Shariah did not come with numbers and we use our common sense. Therefore, common sense would dictate for sure that anything less that 0.1% is pure and anything 20-30% is not pure. We look at the needs. If there is a medicine that has 3% najas in it, and we need it, then inshaAllah we can overlook it. The E factors are of minute amount, and some of them are najas. They are too inconsequential to make the final product najas.

 

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Fiqh of Clothing This section focuses on issue such as how should men and women appear in public and in private? What are the restrictions on men and women when it comes to clothing? µ$ZUDKFRPHVIURPWKH$UDELFZRUGPHDQLQJWRµWRILQGIDXOWWRFULWLFL]H¶7KHµ awrah is that which you want to cover from the public eye because you are embarrassed to show it because it LVZRUWK\RIFULWLFLVPLIVKRZQµAwrah is also a sign of faith and modesty. When faith is gone, that is when we find people exposing their µDZUDK Allah says:

O Children of Adam! We have bestowed raiment upon you to cover yourselves (screen your private parts, etc.) and as an adornment, and the raiment of righteousness, that is better. Such are among the Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) of Allah, that they may remember (i.e. leave falsehood and follow truth).? [Al-Araf: 26].

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What does it mean Allah send down garments? This means that from the very beginning mankind was clothed. Adam came down on earth fully clothed so Allah says He send down clothes. It is part of our fitrah to be clothed. If anyone discards clothes, they are rejecting the blessing of Allah.

 

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Allah criticizes the children of Adam for falling prey to the plot of Shaytan. Allah says:

O Children of Adam! Let not Shaitan (Satan) deceive you, as he got your parents [Adam and Hawwa (Eve)] out of Paradise, stripping them of their raiments, to show them their private parts. Verily, he and Qabiluhu (his soldiers from the jinns or his tribe) see you from where you cannot see them. Verily, We made the Shayatin (devils)Auliya' (protectors and helpers) for those who believe not. [Al-Araf: 27]. The jahiliyy Arabs feel prey to the plot of Shaytan. The men and women would do tawaaf around the .D¶EDKnaked. Allah criticizes them:

QMajd:  January  2010

 

And when they commit a F ahisha (evil deed, going round the Ka'bah in naked state, every kind of unlawful sexual intercourse, etc.), they say: " We found our fathers doing it, and Allah has commanded us of it." Say: " Nay, Allah never commands of F ahisha. Do you say of Allah what you know not? [Al-Araf: 28].

 

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0HQ·V¶$ZUDK Bahz b. ‫ۉ‬DNƯPDVNHG³20HVVHQJHURI$OODK:KDWDUHZHDOORZHGWRVKRZRIRXUҵawra"´+H UHSOLHG³*XDUG\RXUҵawra except with your wife or right-KDQGSRVVHVVLRQ´,DVNHG³2 0HVVHQJHURI$OODK:KDWLIWKHSHRSOHDUHWLJKWO\FRQJHVWHG"´+HVDLG³,I\Ru are able to hide LWVXFKWKDWQRRQHVHHVGRVR´,DVNHG³20HVVHQJHURI$OODK:KDWLIZHDUHDORQH"´+H UHSOLHG³$OODKKDVPRUHULJKWWKDW\RXEHDVKDPHGRI+LPWKDQRIRWKHUSHRSOH´ [al-7LUPLGKƯ@ The only person you can show your µDZUDK to without any restriction is your spouse. To walk around the house naked even when alone is against the etiquettes and perfection of our religion. ³/HWQRPDQORRNDWWKHҵ awra of another man, nor a woman at the ҵawra RIDQRWKHUZRPDQ´ [Muslim]. The concept of µDZUDKvaried from religion to religion. For example the Jews and Christians had different ruling of µDZUDKthan us. For them there was no µDZUDKin front of the same gender. The concept of µDZUDKfrom them was more lax and it was made perfect in our Shariah. 7KHODVWYHUVHVRI6XUDK$K]DEPHQWLRQWKDWWKHSHRSOHRI,VUD¶LOLUULWDWHG 0XVDDQG$OODKVD\V³'RQRWEHOLNHWKRVHZKRLUULWDWHG0XVD´:HOHDUQDERXWWKHVWRU\ of Musa from a hadith in Sahih Muslim. QMajd:  January  2010

 

Hammam b. Munabbih reported that Abu Huraira reported many ahadith from Allah's Messenger (may peace be upon him) and one, of them speaks that Allah's Messenger (may peace be upon him) is reported to have said: Banu Isra' il used to take bath (together) naked and thus saw private parts of one another, but Moses (peace be upon him) used to take bath alone (in privacy), and they said: By Allah, nothing prevents Moses to take bath  

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along with us; but scrotal hernia. One day when he (Moses) was taking bath (alone) he placed his clothes upon a stone, but the stone began to move along with his clothes. Moses raced after it saying: My garment, stone ; until (some of the people) of Banu Isra' il looked at the private parts of Moses, and they said: By Allah, there is no trouble with Moses. The stone stopped after he (Moses) had been seen. He took hold of his garments and struck the stone. Abu Huraira said: I swear by Allah that there were six or seven scars on the stone because of the striking of stone by Moses (peace be upon him). 7KHUXOLQJWKDW³OHW QRPDQORRNDWWKHµawrah RIDQRWKHUPDQQRUDZRPDQDWWKHµ awrah RIDQRWKHUZRPHQ´DEURJDWHGWKHSUHYLRXV6KDULDK¶Vruling.

FIRST Opinion: The Two Private Parts Only (the Front and the Back) This is the opinion of Dhahiri madhab only. Their evidence: The Quran mentions the lots of Shaytan and mentions Shaytan expose the two private parts of Adam and Eve, so Allah criticized the showing of the two private parts, which VKRZVWKDWWKHWZRSULYDWHSDUWVDUHWKHµawrah.

Hadith of Jabir in Muslim: The Prophet was going for Hajj and Jabir was riding on a camel with him. He said that the ihram of the Prophet split open, and he saw the whiteness of his thigh. So WKH'KDKLULVVD\WKDWLIWKHWKLJKZDVµ awrah, the Prophet would not have it let uncover. In another incident: The Prophet was lying down in his house and his thigh was exposed, and Abu Bakr asked permission to come in and came in and sat down. U mar asked permission to come in and came in and sat down. Uthman asked to come in and the Prophet say up and FRYHUHGDQGWKHQFDOOHGKLPLQ7KH3URSKHWH[SODLQHGODWHU³6KRXOG,QRWEHVK\RIVRPHRQH HYHQWKHDQJHOVDUHVK\RI"´

QMajd:  January  2010

 

The Prophet was so free with Abu Bakr and Umar that he did not mind lying down in front of them. He did not want to put Uthman in a shy situation so he sat up and covered himself. The Dhahiris say the Prophet would not have let Abu Bakr and Umar come in if it was µDZUDKAlso if the Prophet did not know it was showing, Jibreel (AS) would have came down and told the Prophet it is showing. However, he did not.

 

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SECOND Opinion: Between the Navel and Kneee Standard position of all four madhahib and majority of scholars and companions. $OOFODLPWKDWWKHWKLJKLVSDUWRIµawrah. However, among the four madhahib, there is a lot of controversies whether the navel and knee are included or not. 7KH3URSKHWVDLG³7KHWKLJKVDUHDSDUWRIWKHµDZUDK´>7LUPLGKL$Q1LVD¶L$EX'DZXG,EQ Majah, reported by many chains²hasan hadith]

The Prophet once saw a man wearing underwear and told him to cover the thigh because the WKLJKLVµDZUDK How did they explain the Dhahiri evidences? 1. 4XUDQYHUVH$OODKFULWLFL]HGWKHSULYDWHSDUWVDVWKHPRVWSULYDWHRIWKHµ awrah. They say that it is more embarrassing to expose than the thigh. 2. The hadith: - Some say the Prophet was not aware when Jibreel was behind him, which is problematic because then Jibreel should have come and told him just as when one when the Prophet was praying with najas on his shoes, Jubreel came and told him so he then took off his shoes. - Scholars say that this was specific for the Prophet and only he was allowed to do that. - Look at the context: The Prophet did not intentionally expose the thigh and he was not wearing something to intentionally expose the thigh. The thigh was exposed in circumstances wehre it would be overlooked. 6KD\NK
QMajd:  January  2010

 

,WLVQRWDOORZHGWRH[SRVHWKHµ awrah directly or indirectly? NO. Wearing something that describes the portion of the body is not allowed. Tight jeans and pants are haram for men and women.

 

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0HQ·V&ORWKLQJ SILK and GOLD 7KH3URSKHWKHOGDSLHFHRIVLONLQKLVULJKWKDQGDQGJROGLQKLVOHIWKDQGDQGVDLG³7KHVHWZR DUHIRUELGGHQIRUWKHPHQRIP\8PPDKDQGSHUPLWWHGIRUWKHZRPHQ´ >$Enj'DZnjG@

Hudhayfa b. al-DO%XNKƗUƯ@ Silk is prohibited for men even to sit on or use as a sheet or blanket. Men are not allowed to have silk carpets or rugs as it is considered something feminine in nature in this world. $OODKVD\V³7KH\ZLOOVLWXSRQFRXFKHVRIJROGDQGVLONLQ-DQQDK´ How about small quantities of silk? Small amounts of silk are allowed. What is not allowed is if the garment is made out of silk. The Prophet would wear garments that were decorated with patches of silk. Ibn Abbas said that the Prophet forbade wearing a garment made out of silk but there is no problem with decorating or fringes being made out of silk. At that time, there would be a simply garment with embroidery sewn on top. Umar ibn Al Kattah said the Prophet forbade wearing silk except for a figher or two or three or four.

Wearing TIES?

QMajd:  January  2010

 

Even if the tie is made out of 100% pure silk, it is permissible because the tie is not a garment but an embroidery and embellishment. We use the 4 finger rule and it qualities. Also the silk ties are not 100% silkworm silk. The prohibited silk is silkworm silk which is very difficult to get and primarily used in rugs and other handmade garments. Those who claim that the tie is a Christian symbol have no bases. Even if it was a symbol, it has lost its meaning now as no one wears the tie as a symbol of Christianity.

 

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SMALL AMOUNTS of Gold or Silver What about small amounts of gold and silver for purely decoration purposes?

Once the Prophet wore a beautiful cloak on F riday that had traces of gold decoration on it, gifted to him by a neighboring UXOHUDQGWKHSHRSOHVDLG³:HKDYHQHYHUVHHQDQ\ JDUPHQWOLNHWKLV´7RZKLFKWKH3URSKHWUHSOLHG³$UH\RXLPSUHVVHGZLWKWKLV"9HULO\ WKHKDQGNHUFKLHIRI6DҵGE0XҵƗGKLQ3DUDGLVHLVEHWWHUWKDQZKDW\RXVHH´ >7LUPLGKƯ@ 7KLVZDVULJKWDIWHU%DWWOHRI.KDLEUZKHUH6D¶DG0X¶DGKKDGMXVWGLHG6RPHVFKRODUV said that this was only for the Prophet and others said it was before gold was prohibited. However there is no evidence for this. The Malikis, Shafis, and Hanbalis said gold is prohibited even in small quantities for decorative purposes. Based upon this hadith, the Hanafis disagreed and along with them was Ibn Taykiyyah who said that the hadith is clear and small quantities of gold should be allowed. Example: gold cufflinks, gold plating. Shaykh Yasir follows the opinion of the Hanafis but adds to do it at your own discretion because people may think badly of it. Silver is not prohibited for men and can be worn. What are prohibited is silver utensils. But what about silver plated utensils? The Prophet had a favorite cup and it broke, so he had the hole filled up with silver. [Bukhari] When it comes to gold plated, it should be avoided even though it is not haram as the 3URSKHW¶VJDUPHQWKDGWUDFHVRILW+RZHYHUSHRSle may think evil of you. How about using gold for medical purposes? Malik ibn Arfaja ibn Assad has his nose chopped off in one of the wars and he asked he asked the Prophet if he could make a nose out of silver. The Prophet allowed him to do so. However, the silver nose started to rust and so he asked for permission to make a false nose out of gold. The Prophet allowed him to do so. Therefore, for legitimate purposes, it is permissible to use silver and gold.

QMajd:  January  2010

 

PROHIBITED Colors? 7KH3URSKHW¶VIDYRULWHFRORUZDVZKLWHDQGKHXVHWRVD\³FORWKH\RXUOLYLQJLQZKLWHDQGFORWKH \RXUGHDGLQZKLWH´7KH3URSKHWZRUHPDQ\FRORUV$PRQJWKHPZHUHJUHHQ ZKLFKLVWKHFRORU of Jannah), black turban, and yellow. In general, any color is allowed except red for ³The Prophet forbade us from wearing red leather and silk´>DO-%XNKƗUƯ@

 

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ҵ$EGXOODKEҵ$PUEDO-ҵƖ‫ ܈‬came to the Prophet wearing two saffron-dyed garments. The 3URSKHWVDLG³7KHVHDUHWKHFORWKHVRIGLVEHOLHYHUVVRGRQRWZHDUWKHP´ [Muslim] ҵƖmir b. ҵAmr al-An‫܈‬ƗUƯVDLG³,VDZWKH3URSKHWGHOLYHUWKHVHUPRQDW0LQDRQDGRQNH\ ZHDULQJDUHGFORDNDQGҵ$OƯZDVLQIURQWRIKLPUHSHDWLQJ>WKHVSHHFK@´ >$Enj'DZnjG@ The above two hadiths cause discussion among scholars as in one red is prohibited while in the other, the Prophet wore it. It is best to not wear it. Some said that saffron red is prohibited and not other types of red. Ibn Taymiyyah and others said there is no kiralah whatsoever, and the Prophet eventually allowed the color red. In Shaykh
Covering the Head Al-6KƗ৬LEƯVDLG³>&XVWRPV@FKDQJHPDWWHUVIURPVRPHWKLQJ praiseworthy to something blameworthy, and vice versa. For example, uncovering the head, for this is an issue that varies from place to place. In eastern lands, it is something frowned upon for people of stature [PXUX¶D], while in Western lands it is not. Therefore the Islamic ruling on it changes from place to place, and in Eastern lands, it would be taken into account for considering someone not worthy, while this would not be the FDVHLQ:HVWHUQODQGV´> al-0XZƗIDTƗW, 2/284]. The Prophet would cover his head at all times in public but he did so because of the culture of his time. It was the custom of Arabs to cover their head. There is no authentic hadith in which the Prophet commanded the people to cover their hair.

2 T ypes of Sunnah : 1. Customs of the Prophet: This includes the things the Prophet did because of the time, certain civilizations, and culture. For example: mode of transportation, cuisine, form of houses, and how he dressed.

2. Legislative Sunnah: This includes religious matter. For example, the Prophet prayed because Allah commanded him to do so.  

QMajd:  January  2010

 

Imam Al-Shatibi said in his Al-Muwafaqat: ³&XVWRPVFKDQJH matters from something praiseworthy to something blameworthy. For example: covering the heard. This varies from time to place to culture. In Eastern lands, it is something frowned upon fro people of stature to walk with their heads XQFRYHUHG,Q:HVWHUQFXOWXUHVLWLVQRWIURZQHGXSRQ7KHUHIRUHWKHUXOLQJFKDQJHV´

If a brother wants to wear a topi (hat) with the intention to show he is a Muslim, then it is a good sign and there is nothing wrong with that. But to make it a requirement or sunnah or mustahab because it is a head covering, then there is no evidence in the Shariah for that.

 

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Issue of Isbal It comes from the Arabic verb sabala ZKLFKPHDQVWRµSURFHHGGRZQ¶ It is a path or tunnel. The technical definition is to allow your garments to hang below your ankle. At the time of the Prophet, isbal was a sign of arrogance and extravagance, something which Islam forbids. The Arabs in general were poor and owned one piece of cloth. To not get them dirty, they use to wear them up. The very rich lowered their garments to show they do not care about it as they have many at home. As a result, it became a sign of extravagance and luxuriousness and a way to show off their wealth. Due to its practice doing against the basic Islamic teachings, the Prophet forbade it in numerous hadiths. Was isbal forbidden because it was associated with pride and arrogance? Or was it forbidden because of the act itself regardless of the intention? -

If a man practices isbal out of pride: major sin by unanimous consensus. If a man practices isbal out of habit/custom and not pride: two opinions 1. H DUƗP [Ibn ণajr, Ibn al-‫ޏ‬$UDEƯPLQRULW\LQRWKHUmadhhabs] 2. MDNUnjK [Ibn Taymiyya, al-1DZDZƯ6WDQGDUGSRVLWLRQRIDOO madhhabs]. It is better to avoid but will not incur sin if done.

Evidence of the MINORITY POSITION ,EQҵ8PDUQDUUDWHGWKDWWKH3URSKHWVDLG³:KRHYHUWUDLOVKLVJDUPHQWRXWRISULGH$OODKZLOO QRWORRNDWKLPRQWKH'D\RI-XGJPHQW´$Enj%DNUVDLG³2QHRIWKHVLGHVRIWKHJDUPHQWGUDJV EHORZ>WKHRWKHU@XQOHVV,SURWHFWP\VHOIDJDLQVWWKDW´7KH3URSKHWVDLG³
Abu Hurayra narUDWHGWKDWWKH3URSKHWVDLG³:KDWHYHULVEHORZWKHDQNOHVRIWKHL]ƗU is in the )LUH´ [%XNKƗUƯ@

QMajd:  January  2010

 

Izar is the lower garment. Ibn Hajar says that this hadith says if you do it out of pride, Allah will not look at you in the Day of Judgment (1st sin) and if you do it out of habit, then you go to Fire of Hell (2nd sin). According to the minority position, isbal is prohibited unconditionally regardless of the niyyah.

 

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For some reason this minority position has become the majority position in our modern world.

Evidence of the MAJORITY POSITION 1. Considering the unconditional ‫ۊ‬DGƯWK [mu‫ ܒ‬laq] as being conditional [muqayyad] to µDUURJDQFH¶ Their response is that the hadith are complementary and not contradictory. In one hadith the condition is mentioned (i.e. pride) and in the other it is not mentioned. Therefore you do not link it. The prohibition is for the pride and not for the garment. Response to the famous hadith RI$EX%DNUZKHUHKHVDLG³ O Messenger of Allah, VRPHWLPHVP\JDUPHQWWUDLOVEHKLQGXQOHVV,JXDUGP\VHOI´7KHSURSKHWVDLG³0XVOLP@ Some of the salaf understood that if it was done for a valid reason, it would be permissible. The garment is not the problem but the pride is. Cultural significance of isbal. There are many reports from the early scholars that they would lower their garments. Once Iman Abu Hanifa was wearing a long garment and his student asked ³DUHQ¶WZH QRWDOORZHGWRGRWKDW"´+HVDLGWKDWZHDUHQRWDPRQJWKRVHZKRGRLWRXWRISULGH QMajd:  January  2010

 

Ibn Masud is one of the narrators of the hadith of lowering the garment out of pride and yet he himself would wear garments that went below his ankles. He did this due to a deformity in his legs which caused some sahabahs to say unkind things to him. When they did this, the 3URSKHWVDLG³'R\RXODXJKDWKLVOHJV":D¶OODKLWKH\DUH heavier in the eyeVRI$OODKWKDQWKHPRXQWDLQRI8KXG´  

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,PDQ6KDILVDLG³LWLVQRWSHUPLVVLEOHWROHWWKHJDUPHQWKDQJEHORZWKHDQNOHVLQ prayer or outside of prayer in order to show off. As for wearing the garment below WKHDQNOHVIRURWKHUWKDQWKLVLWLVQRWDELJGHDO´ Imam al-Nawawi said the same. The student of Ibn Taymiyyah said that it is not haram to lower the garments out of culture. The vast majority of scholars consider this prohibition to be something a cultural nature. They understood the prohibition to be because of the arrogance with the isbal which disappeared by second generation. By the time of Abu Hanifah, it was clear they wore garments like we do.

The Beard Allah says:

We have honoured the sons of Adam ; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favours, above a great part of our creation. [Israa: 70]. Many of the scholars of old and it is reported from some sahabah that Allah has honoured the men by giving them beard and women by giving them long hair.

QMajd:  January  2010

 

Allah says in Surah Taha, verse 94 that Aaron tells Musa to do not hold on to his beard. Some scholars say that this is a Quranic evidence that you should grow the beard because Allah commands us in the Quran to follow the way of the Prophets. This is not a strong evidence.

(Aaron) replied: " O son of my mother! Seize (me) not by my beard nor by (the hair of) my head! Truly I feared lest thou shouldst say, ' Thou has caused a division among the children of Israel, and thou didst not respect my word!' "  

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There is no real base in the Quran for beard. There are clear textual evidences regarding the beard though: ƖҴLVKDQDUUDWHGWKDWWKH3URSKHWVDLG³7HQPDWWHUVDUHIURPWKHIL‫ ܒ‬ra (natural state): trimming the mustache, leaving the beard to grow, brushing the teeth, cleansing the nose with water, tri mming the nails, washing the EDUƗMLP(joints between fingers), plucking the underarm hair, DQGVKDYLQJWKHSXEHV´2QHQDUUDWRUDGGHG³,IRUJRWWKHWHQWKXQOHVVLWZDVZDVKLQJWKH PRXWKZLWKZDWHU´ [0XWWDIDT‫ޏ‬DOD\KƯ] 7KH$UDELFIRUµWULPPLQJWKHPXVWDFKH¶KDVEHHQLQWHUSUHWHGWRPHDQVKDYLQJWKH mustache. The Hanafi m adhab interprets it as shaving. Both seem to have a basis, so we should not be too strict about this. It is not allowed to grow a mustache to an unhealthy amount (i.e. if you are eating, it should not touch your food). From the hadith we learn that it is natural to have beard because its among the 10 things from the fitra. Allah meant it that way. ,EQҵ8PDUUHSRUWHGWKDWWKH3URSKHWVDLG³%HGLIIHUHQWIURPWKHSDJDQVOHWWKHEHDUGJURZDQG WULPWKHPXVWDFKH´$QGZKHQ,EQҵ8PDUZRXOGSHUIRUP‫ۉ‬ajj RUҵ8PUDKKHZRXOGKROGRQWR his beard, and whatever descended below that he would remove it . [%XNKƗUƯ@ We do not have an authentic hadith in which the Prophet himself would trim from his beard. The hadith in At Tirmidhi is weak. The Prophet had a very large beard and we know this because the sahabah would be able to tell he was the imam by the movement of the beard in the prayer. The Pagans also had beards so the difference was in trimming the moustache. Now that we know men need to have a beard, what constitutes a beard?

What Exactly is a Lihya (Beard)? QMajd:  January  2010

 

The issue is in the definition of lihya.

Lihya comes from the Arabic word laha (lam-ha-alif) ZKLFKPHDQVµWKHDUHDRIWKHERQHVXSRQ ZKLFKWKHWHHWKJURZ¶ LHWKHMDZERQH 0DMRULW\RIVFKRODUVVD\WKHMDZERQHLVWKHHQWLUHMDZ ERQH7KHPLQRULW\SRVLWLRQVD\VWKDWLWLVµWKHERQHXSRQZKLFKWKHIURQWWHHWKJURZ¶

 

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The difference is not a fiqh issue but a linguistic one.

x x x x

All linguists agree that hair on the chin is part of the Arabic word Vast majority include hair on the cheekbones as well Vase majority also state that the hair below the eyes and on the throat is not a part of the lihya. Difference of opinion regarding hair below the chin and above the throat.

Interview with Shaykh Yasir about the beard: http://muslimmatters.org/2008/11/24/the-beard-story-exclusive-interview-with yasir-qadhi/ People go to extremes regarding the beard and some make it a sign of religiosity and piety while others consider a trivial matter, and the truth lies somewhere in the middle.

Opinion of Scholars Regarding Keeping a Beard 1. It is OBLIGATORY (Wajib) to Grow a Beard This was the position of the vast majority of scholars of all times and all m adhahib so much so that some scholars such as Ibn ণazm declared there to be LMPƗҵon this issue. Of those who narrated ij ma LV,EQ+D]PZKRVDLG³7KHUHLVQRGLIIHUHQFHRIRSLQLRQWKDWLWLVwajib to grow a EHDUG´6KDILH[SOLFLWO\ZURWHLQKLVERRN Al U mm and al-Nawawi in Al Majmu that it is wajib to keep a beard and haram to trim it. All agree that it is wajib to grow the beard. However, they differed on whether it is allowed to trim or not. There are more than 8 opinions. The follow goes in order to severity with the beginning ones being the strictest): ‫ۉ‬DUƗPto trim it in any fashion or form. This is unheard of in the history of Islam until an esteemed grand mufti of our times popularized it. This is a very solitary opinion.

x

0DNUnjK to trim. This is the opinion of the Shafi m adhab.

x

Permissible to trim more than a fistful only during ণDMMDQG‫ޏ‬8PUDK Some Shafi scholars said it is mubah to trim with tow conditions: 1) more than a fistful and 2) during Hajj and ‫ޏ‬8PUDKC%DVHGRQ,EQ8PDU¶VDFWLRQV

WKHUHLVDWLPHFRQGLWLRQ

QMajd:  January  2010

 

x

 

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x

Permissible to trim more than a fistful at any time. Standard position of the Hanbali madhab DQG,EQ7D\PL\\DK¶VSRVLWLRQ7KH\WRRNWKH6KDILSRVLWLRQEXWUHPRYHGWKH time condition.

x

It is mustahab to trim beyond a fistful. This is the standard position of the Hanafi madhab.

x

Mustahab to trim if it becomes an object of pride and fame (shuhra). This is the standard position of the Maliki madhab. They did not mention how much but said to trim it to be normal for your people. In order words that it does not stand out.

x

Wajib to trim it after a fistful. This is completely unheard of in classical and medieval Islam. It was popularized by a noble and erudite scholar of hadith who lived in the region of Syria and for much of the 80s, the biggest debate was whether it was wajib or haram to trim, both of which are shadh position. We have two different scholars saying the exact opposite: one say it is wajib to trim and the other says it is haram to trim. Both of these positions are unknown in classical Islamic times.

x

3HUPLVVLEOHWRWULPWRD³UHDVRQDEOH´OHQJWK7KHYHU\IDFWWKDt there is no real dald for any one position and there is ikhtilaf, then as long as they have something this is lihya, then it is fine. In other words, the Shariah did not say how long or how much to grow. It just said to grow a beard. Thus so long as you look at it and it looks like a beard, it is fine. This is the standard position of the Maliki madhab. However, they did not want it to be an object of attention. The pencil line mark (chin stap) or two day stubble does not qualify as a beard.

QMajd:  January  2010

 

2. It is RECOMMENDED (Mustabhad) to Grow a Beard & Shaving it Completely is Makruh (and not Haram) This is a mLQRULW\SRVLWLRQZLWK6KƗIL‫ޏ‬ƯVFKRRODVFULEHGWRDO-*KD]ƗOƯDO-1DZDZƯDQGDO-5ƗIL‫ޏ‬Ư DQGWKHVHWKUHHDUHFRQVLGHUHGWKHPDLQSLOODUVRIWKHPRGHUQ6KƗIL‫ޏ‬ƯVFKRRO This is the standard position of Modern Shafis. It is the position that is propagated by the scholars of Al Azhar University. Because of this fatwa,the masses think that growing a beard is simply a sunnah. Classical Shafs clearly said it is haram including Imam Shafi and Imam al  

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Nawawi, who is the primary architect of the Shafi madhab. Modern Shafis say: this is the position of al-Ghazali and al-Rafi who are two of the three architects of the Shafi madhab, with the third being al-Nawawi. The fatwa from Al Azhar says that al-Ghazali and al-Rafi said it is makruh, and the fact that they said it is makruh overrides the opinion of Imam Shafi because they are the medieval scholars who came late on. In Shaykh Yasir`s limited research, he found the quotes of al-Ghazali and al-Rafi is talking about the trimming of the beard and not shaving the beard. Therefore, in Shaykh Yasir`s humble opinion (and he is not an expert in the Shafi school), this is an accidental misinterpretation. Nonetheless, because the majority of Muslims believe it is sunnah to grow the beard, Allah will judge them on the Day of Judgement based upon their knowledge and not your knowledge: therefore, do not be harsh on brothers without beards.

Etiquettes of the Beard The Prophet use to oil and comb his hair to make sure it was in a healthy state. Therefore it is sunnah to kept a well kept beard. A man came to the Prophet with unkempt hair, and the Prophet asked if he had wealth, to which he replied yes. The Prophet said that Allah loves to see the effects of it on your body. Allah is Jameel and loves beauty. It is maNUnjK to pluck white hair.

QMajd:  January  2010

 

+DUƗP or PDNUnjK to dye with black without a valid reason. A valid reason would be right before a battle. It is sunnah to dye white beards with ‫ۊ‬enna or other non-black colors. When the Prophet conquered Makkah, Abu Bakr brought his father Abu Qahafa, who was an old man and had been an ardent enemy of Islam for the previous twenty years and opposed the Prophet publicly. Abu Bakr brought him in front of the Prophet while he was still a mushrik at the time. He was an old, frail man, and the narrator said his hair was as white as a pigeon. The Prophet was gently with KLPDQGVPLOHGDQGMRNHGZLWKKLP+HVDLGWR$EX%DNU³ZK\GLGQ¶W\RXOHDYHWKHVKD\NK ROG PDQ DWKRPH",WZDVPRUHEHILWWLQJWKDW,JRDQGYLVLWKLP´:KHQVXFKNLndness was showered on him, Abu Qahafa accepted Islam. As he was leaving, the Prophet told the women around him to change the color of his hair but make sure it was not black. Black would be makruh and some scholars has even said it is haram.

 

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Other Guidelines 1. Imitating the OPPOSITE GENDER ,EQ‫ޏ‬$EEƗVQarrated that the Prophet cursed men who imitated women, and women who imitated men [%XNKƗUƯ]. In another version, he cursed al-PXNKDQLWKƯQ ZRPHQZKRWU\WREHOLNHPHQ and al-PXWDUDMMLOƗW (men who try to be like women) [Ahmad]. The beauty of our religion is that it comes with guidelines and not examples. For example, men should not be like women (a guideline) but what exactly does it mean to be a man or a woman is not told to us. Imitation of opposite gender is a cultural bases. What might be imitation in 2010 might not have been in 1990. Therefore, the ruling on specific dress and jewelry varies from time to place to culture. For example, some fatwa has claimed that it is haram for women to wear pants in front of her mahram because it imitates men. This imitation might be imitation in their culture but not in our culture (West). We clearly have different pants for women and men. Therefore it is okay to wear pants in front of mahrams. What constitutes imitation? In our religion, there are certain things that are clearly imitation of the opposite gender, certain things that are not and in between remain gray areas. Therefore we are not allowed to pass verdicts. Skirts are imitation. Earrings for men are in the middle. Pendants and bracelets are also in the grey area. ,Q6KD\NK
QMajd:  January  2010

 

2. Imitating OTHER CULTURES ,EQҵ8PDUQDUUDWHGWKDWWKH3URSKHWVDLG³:KRHYHUtashabbah (imitates) any nation is FRQVLGHUHGWREHRQHRIWKHP´ >$Enj'DZnjG@ ҵ$EGXOODKEҵ$PUEDO-ҵƖ‫ ܈‬came to the Prophet wearing two saffron-dyed garments. The 3URSKHWVDLG³7KHVHDUHWKHFORWKHV RIGLVEHOLHYHUVVRGRQRWZHDUWKHP´ [Muslim].

 

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It is a cultural fatwa meaning that what might be imitation for them is not necessarily imitation for us. What does imitating the kuffar mean? Did the Prophet come with a fashion revolution when he started teaching Islam? Did he bring a new fashion or wore the clothes of his own people? When the Prophet dressed up, he dressed up according to the way the Arabs of his time did. He use to tell his people (at the time) not to go beyond their people (i.e. the Arabs of Makkah). Moreover, if a group converted in Rome, they were not expected to adapt to the Arab culture. In our time, most immigrant are not fully East or West. We are carving our own culture which will slowly become a part of our culture. Dressing in a pant and shirt or suit and tie is dressing up to the norms of our culture. It is not imitating anyone else. However if an Arab dresses this was in Arabian land, that would constitute as imitation. ,VLWSHUPLVVLEOHWRGUHVVXSLQDIDVKLRQDEOHPDQQHUDQGWRORRN³FRRO´" It is permissible to dress up in accordance to your culture of your times. Ibn Al 4D\\LP¶VSRVLWLRQLVWKDWLWZDVsunnah of the Prophet to dress in accordance of the culture of the people of his time.

Imitating Clothes of the Prophet? Example: Do you get more reward if you wear a thawb or a kufi?

QMajd:  January  2010

 

Majority of scholars say there is no clothing that is more Islamic than the other. Should a person claim to imitate the dress of the Prophet, they should also give up their cuisine and live like him. The Prophet did certain things because of his culture, time, and place he lived in. To think it is more blessed is like picking and choosing. Moreover, the fancy thawb worn today is not what the Prophet wore. ,EQ$O4D\\LPVDLG³7KHFXVWRPRIWKH3URSKHWZLWKUHJDUGVWRFORWKLQJZDVWKDWKHZRXOGZHDU whatever Allah had facilitated from him of the clothes of his people, so he would wear a qamis, a turban, an izar, a shawl, etc. And he would wear cotton and wool. And other garments and he would also wear that was imported from Yemen and other lands. So his sunnah actually necessitates that a man should wear whatever Allah has facilated fro him in his land, even if it be PRUHOX[XULRXV WKDQWKLV «´> Zad al-0D¶DG]  

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,VUƗI vs. Zuhd

.

$EGXOODKEҵ8PDUQDUUDWHGWKDWWKH3URSKHWVDLG³:KRHver wears thawb shuhra in this world, Allah will place on him thawb madhalla on the Day of Judgment and then cause him to HQWHUWKH)LUH´ >$Enj'DZnjG@ 7KH3URSKHWVDLG³'R\RXQRWKHDU"'R\RXQRKHDU" Al-%DGKƗGKD OLYLQJDVLPSOHOLIH is a part of faith, al-EDGKƗGKD LVDSDUWRIIDLWK´ >$Enj'DZnjG@,QWKHHQGRIWKHGD\LW¶VDOODERXW the Hereafter and not this world.

Israf means extravagance and going above and beyond your means. It is related to status. What is israf for one person may not be israf for someone else. For example, a middle class buys a Ford car with loans and a doctor buys the same car. The middle class person is committing israf becaue it is beyond what he can normally afford. Zuhd means asceticism and living a simply life. Islam discourages israf and encourages zuhd. Allah says:

QMajd:  January  2010

 

Worship Allâh and join none with Him in worship, and do good to parents, kinsfolk, orphans, AlMasâkin (the poor), the neighbour who is near of kin, the neighbour who is a stranger, the companion by your side, the wayfarer (you meet), and those (slaves) whom your right hands possess. Verily, Allâh does not like such as are proud and boastful; [An-Nisaa: 36]. Therefore to make a statement with your clothes in a manner that is extravagance and looks down upon others would be haram. The best of zuhd is when the Prophet was given a fancy outfit but his heart was not attached to it.

 

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0XUnjҴD vs. Shuhra

.

0XUX¶Dmeans to have a dignified appears and shuhra means dressing in a very ostentatious manner. In other words the garment is flashy and meant to grab attention to oneself. Our religion encourages PXUX¶D and discourages shuhra.

QMajd:  January  2010

 

,Q6KD\NK
 

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Modern Dilemmas Post-Feminist Western World VS Ideal Islamic Paradigm

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We are living in a post-feminist western world and are trying to resurrect ideal utopian Islamic paradigms. How tradition can you be when society around you has lost all sense of orthodoxy? We live at a time when it is correct to say that never in the history of humanity have the gender roles been as they are now. It is impossible to stand still when everything else is moving. The question is: to what level are you going to conform and to what level are you going to fight and compromise? The feminist movement has gone through three primary phases. x Phase 1 began in the last 19th century and reached its pinnacle in the 1920s and focused on the right of women to vote. There is nothing un-Islamic at all. The Prophet asked his wives for opinions on certain things. x Phase 2 began post World War II and reached its pinnacle in the 1960s and 70s and focused on sexuality and to a lesser extent equal opportunities and education. x Phase 3 began in the 1980s and reached its pinnacle in the 1990s and is still continuing now and focuses on equal employment opportunities for women. x Since 1960s, we have female Islamic feminist start calling out for same rights as men We are living in a society, land, area where gender interactions are so radically different than the way that they should be. It is politically incorrect to say that men and women are different.

 

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Allah created men and women differently, and it is not a matter of superiority. It is a matter one of having some skills and the other having different skills. There is no comparison and competition. Allah says:

QMajd:  January  2010

 

Then when she delivered her [child Maryam (Mary)], she said: " O my Lord! I have delivered a female child," - and Allah knew better what she delivered, - " And the male is not like the female, and I have named her Maryam (Mary), and I seek refuge with You (Allah) for her and for her offspring from Shaitan (Satan), the outcast." [al-imran:36]

And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands as regards living expenses, etc.) similar (to those of their husbands) over them (as regards obedience and respect, etc.) to what is reasonable, but men have a degree (of responsibility) over them. And Allah is All-Mighty, All-Wise. [al-Baqarah: 228]. This means that men have a degree over women. This means that in certain regards only, men have more privileges over women such as divorce.

 

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History of Hijab Legislation Historically, all Shairahs were obliged to cover their heads and the body. For example, Orthodox Jewish women. Even they have levels of covering: snood, tichel and wigs. Similarly, all observant Christian nuns of the Roman Catholic and Eastern Orthodox churches dress in a conservative fashion.

4 Every man who prays or prophesies with his head covered dishonors his head. 5 And every woman who prays or prophesies with her head uncovered dishonors her head²it is just as though her head were shaved. 6 If a woman does not cover her head, she should have her hair cut off; and if it is a disgrace for a woman to have her hair cut or shaved off, she should cover her head. 13 Judge for yourselves: It is proper for a woman to pray to God with her head uncovered? 14 Does not the very nature of things teach you that if a man has long hair, it is a disgrace to him, 15 but that if a woman has long hair, it is her glory? For long hair is given to her as a covering, 16 If anyone wants to be contentious about this, we have no other practicenor do the churches of God. [I Corinthians 11:3-6]

The Primary Verses Dealing with Hijab Hijab came down in Dhul Qi`dah in the 5th year of hijrah. It was one of the last laws to be revealed after salah, zakah, and fasting and marriage laws (which came down in the third and fifth years). This shows that we have to look at the prioritization. In other words, when we give dawah to people, we start off with prayer and not hijab. There are only two verses that deal with hijab. First came Surah Al Ahzab and then Surah Nur.

A H Z A B: 59

O Prophet! Say to your wives, your daughters and the women of the believers that they let down (\XGQƯQ) over themselves their over-garments (MDOƗEƯE); this will be more proper, that they may be known, and thus they will not be given trouble; and Allah is Forgiving, Merciful.

  QMajd:  January  2010

.

Yudnin comes from the ver dana, a verb commanding women to bring something close to themselves. What should she bring close? The jilbab. In other words the women have to cover herself with her jilbab. Jalabib is the plural of jilbab, which comes from jalaba that means to  

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pull something from one place to another. Therefore, a jilbab is a garment used to pull from one side to another. From classical dictionaries (Lisan Al Arab), the definition of jibab is: a type of qamis, a garment bigger than a head scarf but smaller than a lower garment, something that a woman covers her head and chest with, a sheet that a woman uses above her clothes, a khimar. Why does Allah want the wives of the Prophet to cover? This is so that they are not given trouble. The purpose of jilbab is to draw attention but a positive attention²you should be known as a Muslim woman. People will look at you with good attention; not with lust. Key points: women must make a conscious effort to cover themselves and they need to cover themselves with the jilbab (the word in the Quran).

A n Nur: 31

Tell the believing men to lower their gaze and be modest. That is purer for them. Lo! Allah is aware of what they do. 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 ERVRPVDQGQRWWRUHYHDOWKHLUDGRUQPHQWVDYHWRWKHLURZQKXVEDQGVIDWKHUVKXVEDQGV¶ IDWKHUVWKHLUVRQVWKHLUKXVEDQGV¶VRQVWKHLUEURWKHUVWKHLUEURWKHUV¶VRQVRUVLVWHUV¶VRQV their women, or their slaves, or male attendants who lack desire, or children who know naught

  QMajd:  January  2010

.

 

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RIZRPHQ¶VQDNHGQHVV$QGOHWWKHPQRWVWDPSWKHLUIHHWVRDVWRUHYHDOZKDWWKH\KLGHRIWKHLU adornment. And turn unto Allah together, O believers, in order that you m ay be successful. Lowering the gaze and guarding ones private parts is obliged by both genders. They should not display their zinah (anything that is attractive or anything that will draw unwanted attention). The verb za-ha-ra is not ascribed to anything (no subject unlike yudin which has a subject) because it is being done out of one`s control. Misusing that which is in your control is not forgiven but what is not in your control, you are not responsible for. It is narrated that after the verse of hijab came down, Safiyyah walked outside in full hijab and Umar said that he recognized her. Safiyyah went home upset and the Prophet said that Allah has allowed you to leave your houses if you need to. The verse tells us that a woman has to cover as much as she can and what is beyond her effects is forgiven. ³/HWWKHPGUDZWKHLUNKXPXU RYHUWKHMX\XE´NKXPXUcomes from the verb khamara. The plural of khumur is khim ar. The khumur makes the intellect to disappear and the khimar is that which physically covers the head (i.e. a head scarf). Therefore the Quran specifically mentions that the hijab is obligatory. Juyub is the plural of jayb which is a slit or an opening which is why a pocket is called jayb. It is the slit that you open to put your head in. Allah is saying take the head scarf and use it to cover the upper chest area. Women of jahileyya would cover their head but will expose their bosom but Allah says to cover the bosom as well. ,QWKHRQHFDVH$OODKVD\V³OHWWKHPQRWUHYHDOWKHLUDGRUQPHQWH[FHSW´7ZRSKUDVHVDUH exactly the same, except after on phrase there is a long list of mahrams. This shows that there are two levels of hijab that a woman has: 1. Hijab in the public 2. Hijab in front of mahrams. When in front of mahrams, she does not need to wear her scarf.

QMajd:  January  2010

 

In some cultures, women wear ankle bracelets. Allah did not say not to wear it but said to walk in a manner that does not draw undue attention. In North America, we have high heels that draw more attention as it makes the woman walk in a certain way. If Allah is telling women not to draw attention to herself with sound (which is the least of the sensitive senses) then what about smell and sight? These two verses in the Quran mention two different clothing items. The first verse mentions something called a jilbab, and the second verse mentions the khimar. Therefore, this shows us that there are two items that a woman needs to wear in order to fulfill the requirements of the hijab.

 

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Was hijab only for the wives of the Prophet? The answer is yes and no. It depends what the questioner is asking for because there are two meanings of hijab: the classical usage and the modern usage. The classical usage was restricted to the wives of the Prophet and the modern usage is universal. Notice in the verses quoted, Allah does not mention the word hijab but mentions khimar and jilbab. Hijab is mentioned in reference to the wives of the Prophet. Allah says:

QMajd:  January  2010

 

O you who believe! Enter not the Prophet's houses, except when leave is given to you for a meal, (and then) not (so early as) to wait for its preparation. But when you are invited, enter, and when you have taken your meal, disperse, without sitting for a talk. Verily, such (behaviour) annoys the Prophet, and he is shy of (asking) you (to go), but Allâh is not shy of (telling you) the truth. And when you ask (his wives) for anything you want, ask them from behind a screen (hijab), that is purer for your hearts and for their hearts. And it is not (right) for you that you should annoy Allâh's Messenger, nor that you should ever marry his wives after him (his death). Verily! With Allâh that shall be an enormity. [Al-Ahzab: 53] The usage of hijab in the Quran is different from the modern usage. In the Quran, it literally means a curtain or screen. Their level of hijab was a degree higher than that required by other Muslim women. In the Battle of Camel, Aisha was in a tent on the camel and was not seen. This curtain is a requirement only for the wives of the Prophet. In modern usage, however, the word hijab means head scarf.

 

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Benefits of Hijab 1. PURITY of Heart Allah explicitly says in Surah Al-$K]DEYHUVHWKDW³when you ask (his wives) for anything you want, ask them from behind a screen (hijab), that is purer for your hearts and for their KHDUWV´ Evil thoughts do not come to you when the woman is covered up properly. The hijab protects the ZRPDQ¶VRZQLQWHQWLRQVDVZHOOVLQFHLWKDVDQLQQHULPSDFWWhat will ease the dealing with the opposite gender easy.

2. Sign of CHASTITY Allah explicitly says in Surah Al-$K]DE³This is better that they are recognized and not irritated.´7KHhijab is a sign and is meant to draw attention however without evil thoughts.

3. Promotes HEALTHINESS in Marriage 7KHDYHUDJHPDOHZRXOGKDYHIRXQGWKHDYHUDJHZRPDQDWWUDFWLYHLILWZDVQ¶WIRUWKHH[SRVXUHRI women on television and advertisements and if men did not compare women to the women seen on television. We are facing a major crisis of marriage and the divorce rates in America are skyrocketing.

4. Increases MODESTY Modesty is a branch of iman. The less hayyah a person has, the less covered they are. Your outer clothing is a sign of your inner iman. Allah has connected taqwah with physically covering RQHVHOIZKHQ+HVD\V³FRYHU\RXUVHOIDQGWKHFRYHULQJRIWDTZDKLVEHWWHU´

5. CURBS Perverted Behavior

QMajd:  January  2010

 

There is a direct link between increased sexuality and increased nudity. The percentage of homosexuality in our times is related to the increase in nudity. We are desensitized to nudity that it is a problem and leads to perverted behavior and leads to the unnatural.

 

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6. Protects the NATURAL beauty of Women from Being Exploited The Shariah does not want to abuse women. It gave women freedom by freeing them off the lusts of men. In the West, the name of freedom has been used by women have become slaves to men and products.

7. Part of the INNER Beauty of Women It brings out the chastity and modesty of women. There are two types of beauty: inner and outer. Hijab shows the inner beauty of i man. The Story of Yusuf: When Yusuf did not fall prey to the desires of women and showed himself to be chaste, be became even more handsome to them. One of the characteristics of the hoor al ayn is that they are women who have been separated and taken away from the eyes of men in their tents. They are women who are sequestered.

Requirements of Woman`s Hijab 1. It does not DESCRIBE the Body, either through Tightness or Transparency. Hence it must be think and loose $Enj+XUD\UDQDUUDWHGWKDWWKH3URSKHWVDLG³7ZRJURXSVRI+HOOILUH,KDYH\HWWRVHH«DQGWKH other are women who are clothed yet naked, PƗҴLOƗWPXPƯOƗW, their heads will be like camelhumps. They shall not enter Jannah, nor even smell its fragrance, even though its fragrance can EHVPHOWIRUVXFKDQGVXFKDGLVWDQFH´ [Muslim]. 7KH3URSKHWGLGQRWVHHWKHVHZRPHQ\HW³WKH\DUHFORWKHG\HWQDNHG´means that transparent and tight clothing that describes the contours of the body is not considered hijab as it exposes the µawrah. Hadith LQ$EX'DZXG³Tell her to wear a garment under this cloth because I a m ZRUULHGLWZLOOVWLOOGHVFULEHKHUERG\´ 7KLVVKRZVWKDWVLPSO\FRYHULQJWKHµ awrah is not sufficient because it has to be covered in a loose manner.

QMajd:  January  2010

 

The worst of women are those who draw attention to themselves and teach other women to draw attention to themselves. They are the role models of evil.

2. That it not be EYE-CATCHING in and of itself The purpose of hijab is to draw attention but that attention should be that of lust. To make a fashion statement with the hijab is incorrect. Hijab is to be simply and not flashy.  

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But what is flashy? The Shariah came with the guidelines and not specific rules. Therefore you have to use your better judgement to label what is flashy and what is not. What is eye-catching varies from culture to culture and place to place. For example, Saudi women wear all black outside. So if a woman wears a pink hijab, that is being flashy and drawing attention. However, in North America, there is a blending of many cultures and we consider it acceptable to wear different colors. Note: There is no one color that is required or preferred in Islam. The point is that it not be eye catching in and of itself.

3. That it CONFORM with the General Etiquettes of Clothing (genderspecific, not imitating others;; not libas shuhra) The same issue that apply to men, apply to women in terms of it not imitating the kuffar and opposite gender. Some people assume that the proper hijab is the Saudi hijab but that is not true.

4. That it COVER WKH:RPHQ·Vawrah There are three situations that a woman has to take into account: 1. In public in front of non-mahram men. All schools of law, even the Shai say that the ZRPDQ¶VHQWLUHERG\LVµ awrah except the hands and face. Some minority of scholars allow the feet but majority say the feet is part of µDZUDKas well. 7KHLVVXHRIWKHIHHWEHLQJWKHµawrah: The Hanafi madhab says that the feet are not µawrah and the other three madhahib VD\WKDWWKHIHHWDUHDSDUWRIWKHµawrah. There is nothing very explicit in this regard. When Umm Salamah heard the hadith of men covering their ankles, she asked if it applied to women, and the Prophet VDLG³/HWKHUORZHURQHKDQGVOHQJWKEHORZPHQ¶VVKHVDLG³7KHWKHIHHWZLOOEH H[SRVHG"´7KH3URSKHWVDLG³7KHQOHWKHULQFUHDVHLWE\DQDUP¶VOHQJWK´,WLVFOHDU that it is better to cover their feet.

QMajd:  January  2010

 

2. In front of her mahram male-relatives (father, brother, uncle, etc). Scholars say that there does not seem to be a precise ruling about what is allowed in front of mahram men. Nothing specific has been found in the Shariah. Therefore we have to look at the culture. 3. Women in front of other women. This is the same as men in front of men: navel to knee. It is not allowed to wear tight clothes HYHQLQIURQWRIRWKHUZRPHQEHFDXVHWKHµ awrah has to be covered. When it comes to Muslim women in front of non-Muslim women,

 

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WKHUHLVQRGLIIHUHQFH-HZLVKZRPHQXVHWRFRPHWR$\LVKD¶VKRXVHDQGVKHZRXOGQRW cover up.

5. That She Wear an OUTER GARMENT Over and Above the Regular Clothes (jilbab) The concept of jilbab is not that common among the sisters. Many sisters think that the jilbab is optional. Every society and culture has formed its own acceptable form of hijab and jilbab.

Evidences for Jilbab 1) O Prophet! Say to your wives, your daughters and the women of the believers that they let down (\XGQƯQ) over themselves their over-garments (MDOƗEƯE); this will be more proper, that they may be known, and thus they will not be given trouble; and Allah is Forgiving, Merciful. [Aত]ƗE@ Allah clearly mentions jalabib in Quran which is the plural of jilbab. 2) Allah says:

And as for women past child-bearing who do not expect wed-lock, it is no sin on them if they discard their (outer) clothing in such a way as not to show their adornment. But to refrain (i.e. not to discard their outer clothing) is better for them. And Allah is All-Hearer, All-Knower.[An Nur: 60] Allah is saying that the old woman can take a cloth off (and of course that cloth is the jilbab). Therefore the young ladies must have a garment that the old ladies do not have to.

QMajd:  January  2010

 

3) 7KH3URSKHWFRPPDQGHGZRPHQWRDWWHQG(LGDWZKLFKRQHZRPDQVDLG³20HVVHQJHU of Allah! Some of us do not have a MLOEƗE, so can we remain hoPH"´7RZKLFKWKH Prophet VDLG³/HWKHUVLVWHUVKDUHKHUMLOEƗE ZLWKKHU´ [al-%XNKƗUƯ@

 

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This shows us that the jilbab must be worn outside the house, so when the Prohet says to pray Eid outside, they asked about those who do not have jilbab. Women should go for Eid properly dressed. How do you share? One of the meaning of jilbab is a large cloth so the Prophet is saying find a sister that has a large cloth and go under it. This raises a number of questions and issues: 1. The prochlogical impact for many sisters who have been wearing a headscarf but have not been wearing a jilbab: they are now told that a jilbab is a requirement of Islam and there is no doubt that this will hit them in a very personal manner. We are very proud of these sisters for wearing the hijab and are asked not to feel bad that you have not been doing the job However, the fact of the matter is that our religion does require a little bit more. The khimar is the more difficult, and the less difficult is the jilbab. It is a requirement clearly found in the Quran and Sunnah. 2. What is minimum jilbab? One that is larger than a headscarf and smaller than a lower garment. The jilbab is the headscarf. A large headscarf constitutes the jilbab and kimar together. The Shariah does not say how long it has to be but it is better if it comes down at least to the knees. 3. Brother are too often overly obsessed with what sisters are and are not wearing. Lower your gaze! It is not your job to give dawah to strange sisters about hijab or jilbab unless she is your wife and to a lesser extent your sister. Let other sisters do that job. 4. Sisters who are wearing proper hijab and jilbab should not be overly harsh on thsoe who are not. You will not win converts through harshness and arrogance. Set a good example and be a role model. Be their friend before prodding their hijab and jilbab. Simply fiqh of dawah: win thier hearts before you win their minds.

QMajd:  January  2010

 

Issue of Niqab Was in practice from earliest times, but is it obligatory? It is not an invention into the religion or something the Persians has added but has existed in the beginning. This is one of the those issue that there is intra-madhab debates. This shows the fact that niqab has always been a controversial debate in terms of its wujub. The niqab can also become a sex symbol if misused.

 

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First Set of Evidences: OBLIGATORY 1) )URPWKH4XUDQ³/HWWKHPORZHUWKHLUNKLPDURYHUWKHLUMX\XE´In their opinion, this means the niqab. 2) ³/HWQRWWKHZRPHQLQ i‫ۊ‬UƗP wear the QLTƗE RUJORYHV´ [al-%XNKƗUƯ@. This means that outside of Hajj they would be wearing it. 3) $LҵVKDKQDUUDWHV³7UDYHOHUVZRXOGSDVVXVE\ZKLOHZHZHUHULGLQJZLWKWKH3URSKHW during Hajj. So when they approached us, we would lower our MLOEƗE from our heads RYHURXUIDFHVXQWLOWKH\SDVVHGXVDIWHUZKLFKZHZRXOGOLIWLWRII´ >$Enj'DZnjG@. The wives of the prophet understood that they have to cover their face even if they are not wearing nijab

Second Set of Evidences: Mustahab and Not Obligatory

1) ণDGƯWKRI$VPƗ‫ގ‬³2$VPƗ:KHQDZRPDQFRPHVRIDJHQRWKLQJVKRXOGEHVHHQRIKHU except WKLVDQGWKLV´DQGKHSRLQWHGWRKLVIDFHDQGKDQGV>$Enj'DZnjG@. There is a huge issue if it is authentic hadith or not.

QMajd:  January  2010

 

2) ‫ۉ‬DGƯWKRI-ƗELUWKDWRQWKH'D\RI(LGWKH3URSKHWZHQWWRWKHZRPHQWRJLYHWKHPD OHFWXUH>«until he said@³6RDZRPDQVWRRGXS from the middle of the gathering, with GDUNFKHHNVDQGDVNHG«´ [al-%XNKƗUƯ@. So how would Jabir know she had dark cheeks if she wore nijab? This shows that some women did not wear it.

 

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‫ۉ‬LMƗE is a total concept, a way of life, not just a piece of cloth. A lifestyle that a woman chooses to overtake. If a sister chooses to wear the hijab but does not act on it, then she is not fulfilling the ruling.

Shay‫ܒ‬ƗQ¶VHDUOLHVWSORWZDVWRH[SRVHWKHnakedness of our parents, and cause them to eat impermissible foods. ³7KHEHVWRIDOOGHHGVLVWREULQJKDSSLQHVVWRRWKHU0XVOLPVE\FRYHULQJKLVQDNHGQHVVRU VDWLDWLQJKLVKXQJHURUIXOILOOLQJDQ\QHHGRIKLV´>DO-0XQGKLUƯ@

QMajd:  January  2010

 

This is what Shay‫ܒ‬ƗQ did and he will continue to do!

  Be  sure  to  tell  your  friends  about  Majd  Scribes!  Join  in  on  the  action:   [email protected].    Jazakallahu  khairun  for  reading.  

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