Details of Fatwa · Web viewAccording to some jurists, such as Abu Hanifah, he may pay the worth of...

Details of FatwaTitle of Fatwa When Patients Don’t Fast in RamadanDate of Reply 20/Oct/2005Topic Of Fatwa Fasting: Rulings & RegulationsCountry Applied Sierra LeoneQuestion of Fatwa As-Salamu `alaykum! What is the legal ruling concerning a

patient not fasting in Ramadan?Name of Mufti Yusuf Al-Qaradawi

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

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

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

Dear questioner, we are very pleased for the great confidence you repose in us and we really commend your apparent interest in having a better understanding of the teachings of Islam and the rulings of this great religion in all matters. In fact, Islam is a religion that encompasses all aspects of life and secures guidance and light for all mankind. It is the religion of easiness and whenever there is a necessary illness that requires one to break his fast, the law is relaxed.

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

Scholars have unanimously agreed that a patient is allowed not to fast, as Allah, Exalted be He, says: (Whosoever of you is sick or on a journey, (let him fast the same) number of other days. Allah desireth for you ease; He desireth not hardship for you.) (Al-Baqarah 2: 185)

Based on both the Glorious Qur'an and the unanimity of Muslim scholars, a patient is allowed not to fast in Ramadan. But, the question now is ‘which kind of illness permits a Muslim to abstain from fasting’.

The answer to this question is that any malady that fasting may aggravate or delay the cure of, permits a Muslim to break the fast. Similarly, when fasting causes the patient to go through tremendous pain so that he would be unable to perform his job and earn his living, he is allowed not to fast. Imam Ahamd was asked: When is a patient allowed not to fast? He answered: If he is not able to fast. He was again asked: Is a man afflicted with fever unable to? He replied: What malady could be more serious than fever?

As a matter of fact, types of illness differ in nature; some are not affected by fasting, such as a toothache, a finger wound, a small abscess and the like. Fasting could cure many diseases like stomach diseases such as indigestion, diarrhea, etc. These are diseases that do not permit one to refrain from fasting, as it is in the patient's best interest in such cases to fast.

A Muslim is allowed to abstain from fasting when fasting is feared to bring about harm. Should a healthy person fear to fall ill because of fasting, he is permitted not to fast. This could be determined through two ways: either via personal experience or on account of the advice of a reliable Muslim physician whose knowledge and

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honesty is trusted. So should a trustworthy Muslim physician warn him that fasting would harm him, a patient is allowed not to fast. Besides, if a Muslim is permitted to abstain from fasting but he still insists on fasting, he has committed a blameworthy act since he has harmed himself and refused to accept Allah's dispensation (rukhsah). So even if a Muslim fasts and abides by rules of fasting, he has thus committed an unlawful act, should he end up harming himself.

Furthermore, is a patient allowed to pay charity in return for the fast-days he missed on account of his malady? An illness is of two kinds:

1. A temporary illness, of which a patient expects to be cured. In this case, a Muslim is not to pay a charity or a ransom but must make up for the fast-day he missed, as Allah, Exalted be He, says: ((Let him fast the same) number of other days.) So, if he were unable to fast for a month, he is to fast for a month later. If he were unable to fast for a certain number of days, he is to make up for the exact number of fast-days he missed later when Allah grants him health.

2. The second type of illness is the chronic illness, of which a patient does not expect to be cured. This can be determined either by personal experience or through the physician's advice. Thus the Islamic legal ruling of an elderly man or woman similarly applies to a patient suffering from a chronic disease. A patient in that case has to pay a ransom: to feed a poor person. According to some jurists, such as Abu Hanifah, he may pay the worth of a meal to the poor, the weak or the needy.

As regards a pregnant woman or a suckling mother, if she is worried lest fasting should harm her, the majority of jurists are of the view that she is allowed not to fast, provided that she makes up for the fast-days she missed. A woman in either of those cases is similar to a patient.

Though jurists have unanimously agreed that a pregnant or a suckling woman who apprehends harms to her embryo or her new-born child is allowed to abstain from fasting, they have disagreed as to whether she must make up for the fast days she missed later, or feed one poor person for each day she missed or both. Ibn `Umar and Ibn `Abbas maintain that she is to feed poor people equal in number to the fast days she missed. The majority of scholars are of the view that she must make up for the fast days she missed. Others yet hold that she is to do both. It seems to me that only feeding the poor is enough on its own for a woman who is constantly either pregnant or suckling, so that she has not got an opportunity to make up for the fast days she missed. So it may be the case that a woman is pregnant this year and a suckling mother the next and pregnant again the following year, and so on. She is therefore unable to make up for the fast days on which she refrained from fasting. So if she is commanded to make up for those days, she will have to fast for several years incessantly, which is definitely going to be difficult, and Allah does not want His servants to suffer hardships.

Details of FatwaTitle of Fatwa Neglecting Fasting in Ramadan: Any Expiation?Date of Reply 18/Oct/2005Topic Of Fatwa Fasting: Rulings & RegulationsQuestion of Fatwa First of all, I’d like you not to reproach me for what I am

going to say. My conscience reproaches me enough in that respect. I just hope that you guide me to what I can do so that I can expiate my wrongdoing.

For ten years up till the last one, I did not fast in Ramadan. I was not ill, nor did I deny the obligation of fasting it. I do believe that fasting Ramadan is an obligation upon every sane and able Muslim that has reached the age of puberty and that fasting is the fourth pillar of Islam. I did not fast just because of weakness of the soul and inability to resist temptations.

Last Ramadan, I did fast, thanks to Almighty Allah. But I’d like to know what to do regarding the ten years I did not fast Ramadan. Can I fast ten months to make up for the missed fasts, which, in fact, is difficult for me to bear? Or can I give a day’s meal to a poor person for each day missed? Or am I required to fast the days of two consecutive months for each day missed? I have read a fatwa by the Grand Imam of Al-Azhar, Sheikh Muhammad Sayyed Tantawi, to the effect that one who breaks or misses a fast on purpose without excuse is to expiate this by fasting two consecutive months, as it is the case when one commits zihar (compares one's wife to one's mother’s back, neither divorcing her nor giving her her conjugal rights).

I’d like you to know that I have not missed even one obligatory salah (ritual Prayer) all these ten years and up till now. Guide me, please, to what I can do to atone for neglecting fast all that time.

Name of Mufti Yusuf Al-QaradawiContent of Reply

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.



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

There is no expiation to be made by the legally responsible person who has deliberately not observed fast in Ramadan. He is to make up for the fasts missed as a means of showing sincere repentance to Almighty Allah, [not as a kind of expiation.] Expiation by fasting two consecutive months is obligatory on the one who has broken a fast by making love to his wife.

This does not mean that one who has deliberately not fasted in Ramadan has committed a sin less than the one who has intended to fast a day and then broken it by yielding to his sexual desire. The latter is, rather, like one who has sworn an oath not to do something but then has done it, while the former is like one who has initially sworn a false oath.

Neglecting fast in Ramadan on purpose and swearing a false oath are both major sins for which there is no expiation. A person who commits a sin of such a kind is to repent sincerely and with deep regret to Almighty Allah, so that He Most High may


forgive him.

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

I am not going to reproach you, brother, for neglecting your duty towards Allah Almighty with regard to fasting Ramadan, which is one of the greatest obligations of Islam, for a whole ten years. Your conscience has done you enough in that respect. Praise be to Almighty Allah that He Most High has guided you to the right path after you had deviated from it all that time.

We may hear that many Muslim men and women observe the fast of Ramadan, but, unfortunately, neglect to perform Prayer. But you, brother, have reversed the matter; performing Prayer but neglecting the fast of Ramadan. Almighty Allah has made fasting that month each year obligatory on legally responsible Muslims, so that they train themselves to ward off evil. Allah Almighty says: (O ye who believe! Fasting is prescribed for you, even as it was prescribed for those before you, that ye may ward off evil.) (Al-Baqarah 2: 183)

You, brother, have not denied the obligation of fasting Ramadan. You gave up fasting on purpose, yet you remained believing that fasting is the fourth pillar of Islam that is obligatory on every legally responsible Muslim. Furthermore, you have been keen along these years on performing the obligatory Prayers.

Hence, we cannot say that (by your giving up the sin and returning to fast) you are like the person who has given up disbelief and followed the right path of Islam and thus all his past sins are forgiven. Along these years, you have been sinful by neglecting your duty of fasting.

As for your asking about what you can do to redeem such a sin, you are required to make up for the fast days missed in those years. This is like a debt that you have to pay sooner or later. One's duties towards Almighty Allah and people are like debts that one owes to them. In that regard, there is an authentic hadith to the effect that one's duties towards Allah Most High are to be given priority in fulfilling.

The elapse of years does not exempt one from performing one's duties towards Almighty Allah and people. One's duties remain as unperformed obligations upon one until one performs them or bears the consequences of not performing them on the Day of Judgment.

To sum up, dear brother, you are required only to make up for the missed fast days. That is to say, you are required to fast three hundred days to make up for the fast days missed in those years.

You are not required to fast, as you say, sixty consecutive days for each day missed. If that were required from you, it would mean that you would fast eighteen thousand days!

Some people think that the legally responsible person who has not fasted Ramadan on purpose is to expiate this sin by fasting sixty consecutive days for each day missed, as in the case of one who invalidates his fast by making love to his wife.

Mind that there are some schools of jurisprudence who believe that this expiation is confined to one who breaks his fast by sexual intercourse, while some other schools are of the opinion that it applies to one who invalidates his fast by making love and

also by eating.

The expiation in that regard consists of freeing a sound Muslim slave, or if not possible, then to fast the days of two consecutive months. If this is not possible, then the expiation is to feed sixty needy persons for each fast-day invalidated.

But this is an expiation imposed on one who has principally intended to fast and then invalidated it. It is imposed as a purification for him from the sin that he did not premeditate.

This expiation does not apply to one who initially did not intend to fast (or, in other words, who premeditated not to fast). One who did not intend to fast is like one who has sworn a false oath by Almighty Allah. [Expiation is not imposed in both these cases, for there is no expiation, however great, that is tantamount to the gravity of the sin involved.] The only thing the sinner can do in these cases is to express deep regret and submissively repent to Almighty Allah.

Repentance is available in all instances of sin, whether minor or major. But in order for repentance to be true and acceptable, one is required to redeem one’s sins by reforming the mistakes one has made and giving the rights one has violated back to their owners. This is a condition for accepting repentance by Almighty Allah.

(Hence, you are required to make up for the fast days you missed, not as an expiation, but as an expression of true repentance.)

Mind that it will not be acceptable to feed a needy person instead of fasting a day to make up for a fast day missed. This can be done only when one is not able to fast at all. But if one is able to fast, nothing but fasting will be accepted from one.

I advise you, dear questioner, to make up for the fast days missed during winter when the daytime is short and cold, so you will not get so exhausted during fasting.

It is said that winter is such a good time for believers. Its days are short and, so, they can fast them (without great exhaustion), and its nights are long, which will make them enjoy offering the Night Prayers.

Hence, you can, dear questioner, fast three consecutive months each winter (until you make up for the ten months missed). I assure you that if you do so consecutively, you will not find it difficult, especially if you do so with a deep belief that you are redeeming the sin you have committed and pleasing your Almighty Lord.

May Almighty Allah help and strengthen you in what you are going to do.

Details of FatwaTitle of Fatwa Severing Relation with a Muslim in RamadanDate of Reply 18/Oct/2005Topic Of Fatwa Ties of kinshipCountry Applied UkraineQuestion of Fatwa Dear scholars, As-Salamu `alaykum. What is my status if I

sever ties of kinship with my in-law who is not good to me? Does this affect my fasting in Ramadan? Jazakum Allah

khayran. Name of Mufti Yusuf Al-Qaradawi




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

It is noteworthy that Islam is keen on building a strong society in which love, cooperation, and sympathy prevail. In order to achieve this, Islam has laid down certain rules to govern people’s interaction with one another in the society, defining the rights and obligations of its members. Among social relations that attract Islam’s attention is the kin relationship.

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

Islam forbids a Muslim to severe relation with Muslim brothers. Muslims are prohibited to nurse grudge or hatred or to be alienated from fellow Muslims. It is only allowable for conflicting brothers in Islam to keep away from one another for no more than three days maximum, so that they calm down and their dispute cools. After that they have to reconcile and get over their pride, anger, and disagreement. Allah Almighty praises those who are always forgiving towards their fellow Muslims, saying: (Allah will bring a people whom He loveth and who love Him, humble toward believers.) (Al-Ma’idah 5: 54) Also, the Prophet (peace and blessings be upon him) said: “Neither nurse mutual hatred, nor jealousy, nor enmity, and become as fellow brothers and servants of Allah.” (Reported by Muslim)

Severing relations with others is even bitterer when it is within the framework of blood relations whom Islam has enjoined to keep in touch with one another. Allah Almighty says: (Be careful of your duty toward Allah in Whom ye claim (your rights) of one another, and toward the wombs (that bore you). Lo! Allah hath been a Watcher over you.) (An-Nisaa’ 4: 1) The Prophet (peace and blessings be upon him) clarified the great value that preserving the tie of kinship has in the sight of Allah Almighty, saying: “The tie of kinship is suspended to the Throne and says: He who unites me, Allah would unite him, and he who severs me, Allah would sever him.” (Reported by Muslim) He (peace and blessings be upon him) also said: “The severer would not enter Paradise.” Ibn Ùmar said that Sufyan (explained it as): One who severs the tie of kinship would not enter Paradise. (Reported by Muslim)

Real cherishing of blood relations is not observed in anticipation of an equal reaction on the part of one’s kin; but the ties should be maintained for Allah’s sake only. Maybe this is done from one side only while neglecting the behavior of the other side in its return. Àbdullah ibn Àmr ibn Al-Àas quoted the Prophet (peace be blessings be upon him) as saying: “Al-wasil (one who maintains good relations with his kinship) is not the one who recompenses the good done to him by his relatives, but al-wasil is the one who keeps good relations with those relatives who have severed the bond of kinship with him." (Reported by Al-


Bukhari)

However, a Muslim can, or rather, should sever ties with wrongdoers who don't care for Allah's displeasure. It is the highest degree of iman (true faith) to love for Allah's sake and hate for Allah's sake. The most obvious example is that of the Prophet (peace and blessings be upon him) severed all ties with the three men who remained behind and didn't participate in the Battle of Tabuk, which was intended, as all other battles in Islam, to spread Allah's religion. He boycotted them, and no one talked to or greeted them, till they became distressed. Then Allah revealed that He had forgiven them. It is only then that the Prophet (peace and blessings be upon him) restored relations with them.

Allah Almighty says: (And to the three also (did He turn in mercy) who were left behind: when the earth, vast as it is, was straitened for them, and their own souls were straitened for them till they bethought them that there is no refuge from Allah save toward Him. Then turned He unto them in mercy that they (too) might turn (repentant unto Him). Lo! Allah! He is the Relenting, the Merciful.) (At-Tawbah 9: 118)

Moreover, the Prophet (peace and blessings be upon him) abandoned his wives for forty days, and `Abdullah ibn `Umar deserted his son till he died because he refused to act upon a hadith reported by his father that the Prophet (peace and blessings be upon him) warned men against preventing their women to go to mosques.

Muslims are, thus, forbidden to nurse rancor and desert one another for secular reasons whatsoever, because this worldly life and all its aspects deserve nothing in the sight of Allah Almighty. (Had it been worthy of a fly's wing, Allah would have never availed the disbeliever a mouthful of water in it.) Being so worthless, Muslims should never fight or compete for it, nor sever ties and relations in this course. In addition, Allah will punish those who harbor grudge and sever ties of kinship with prevention of His mercy and forgiveness.

Abu Hurayrah reported Allah’s Messenger (peace and blessings be upon him) as saying: “The gates of Paradise are not opened but on two days, Monday and Thursday, and then every servant (of Allah) is granted pardon who does not associate anything with Allah except the person in whose (heart) there is rancor against his brother. And it would be said: ‘Look towards both of them until there is reconciliation; look toward both of them until there is reconciliation; look towards both of them until there is reconciliation.’” (Authenticated by Al-Albani)

So, when a wrongdoer regrets his deed and extends apology to the wronged, the latter should forgive him and put an end to their conflict. In other words, the wronged is forbidden to refuse conciliation with the wrongdoer, as the Prophet (peace and blessings be upon him) warned those who do so that they won't drink of the Prophet's basin on the day of Judgment.

Interference of a third party for reconciliation

Although the conflicting parties are commanded to settle their disputes according to the mutual rights they owe each other as brothers in Islam, the society also shoulders a great responsibility. The Muslim Ummah should be a cooperative and

integrated community. It is improper for them to act as onlookers while their brothers are fighting; Instead, people of wisdom and sound reasoning should interfere to reconcile the conflicting parties, taking an objective course that is void of personal whims and inclinations. Allah Almighty says: (The believers are naught else than brothers. Therefore make peace between your brethren and observe your duty to Allah that haply ye may obtain mercy.) (Al-Hujurat 49: 10)

The Prophet (peace and blessings be upon him) also clarified the great merit of reconciliation in contrast to the disastrous effects of disputing and conflicting. He (peace and blessings be upon him) said to his Companions: “Would I tell you of something greater in reward than prayer, fasting and charity?” The Companions said: “Yes, Allah's Messenger.” He said: “Reconciling the conflicting parties, for conflicts are (like) shaving blades. I don't mean it shaves hair; rather it eradicates religious spirit.” (Reported by Ahmad and Abu Dawud)

Moreover, we’d like to remind you, dear questioner, of the Qur’anic verse which reads: (Repel the evil deed with one which is better, then lo! he, between whom and thee there was enmity (will become) as though he was a bosom friend.) (Fussilat 41: 34) Then ask yourself whether you have ever granted your in-law any presents to make him happy, following in the footsteps of the Prophet (peace and blessings be upon him) who said: "Exchange presents, so as to exchange love." How many times have you praised him for a good deed or a good quality in him, whether in his presence or behind his back? Have you prayed to Allah to soften his heart, guide him, and make his affairs go well?

Dear questioner, keep in mind that whether you like it or not, your in-law is the grandfather of your children and the father of your wife, who cares for you and your children. Then, you’d rather be generous with him for your wife’s sake, as he has reared her for you, and you are expected to act as a dutiful son to him. Seize the golden chance of the blessed month of Ramadan; visit your in-law and reconcile with him. May Allah gather your hearts and imbue them with mutual love and forgiveness!

Details of FatwaTitle of Fatwa The Aged & Pregnant Woman Not Fasting in

RamadanDate of Reply 12/Oct/2005Topic Of Fatwa Fasting: Rulings & RegulationsQuestion of Fatwa Respected scholar of Islam, as-Salamu `alaykum. Is it

permissible for an old man/woman not to fast in Ramadan? Also, what is the ruling regarding the pregnant woman and suckling mother?






Brother, first of all, we’d like to say that we are impressed by your question, which emanates from a thoughtful heart. May Allah Almighty help us all adhere to the principles of this true religion, Islam, and enable us to be among the dwellers of Paradise in the Hereafter, Ameen.

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

It is permissible for an older man/woman not to fast in Ramadan if fasting would be a big struggle for them or it would be an overbearing difficulty. Old people [who cannot fast] have to give a ransom, which is the feeding of a needy person for each day. This is a concession and an easement from Allah. Allah says: (Allah intends for you ease and does not intend for you difficulty.) (Al-Baqarah 2: 185)

Ibn Àbbas (may Allah be pleased with him) said: “It is allowed for the old man not to fast. For each day, he is to feed a poor person, and he does not have to make up for the fast days.” According to Al- Bukhari, Allah says regarding the old man and people like him: (And those who are unable have to feed a poor person. But whosoever does good of his own accord, it is better for him.) (Al-Baqarah 2: 184)

So, for the elderly man, elderly woman, and the sick who do not expect recovery from their sickness, they are not to fast and as charity they are to feed a poor person for each day.

As regards a pregnant woman or a suckling mother, if she is worried lest fasting should harm her, the majority of jurists are of the view that she is allowed not to fast, provided that she makes up for the fast-days she missed. A woman in either of those cases is similar to a patient.

Though jurists have unanimously agreed that a pregnant or a suckling woman who apprehends harms to her embryo or her new-born child is allowed to abstain from fasting, they have disagreed as to whether she must make up for the fast days she missed later, or feed one poor person for each day she missed or both. Ibn Ùmar and Ibn Àbbas maintain that she is to feed poor people equal in number to the fast days she missed. The majority of scholars are of the view that she must make up for the fast days she missed. Others yet hold that she is to do both. It seems to me that only feeding the poor is enough on its own for a woman who is constantly either pregnant or suckling, so that she has not got an opportunity to make up for the fast days she missed. So it may be the case that a woman is pregnant this year and a suckling mother the next and pregnant again the following year, and so on. She is therefore unable to make up for the fast days on which she refrained from fasting. So if she is commanded to make up for those days, she will have to fast for several years incessantly, which is definitely going to be difficult, and Allah does not want His servants to suffer hardships.

Details of FatwaTitle of Fatwa Estranging Wife From Husband to Marry HerDate of Reply 10/Oct/2005Topic Of Fatwa Social Manners, Love & Sex, Relationship between sexesQuestion of Fatwa There is a man who admired a married woman and kept

pursuing her until she was entrapped and her heart

became totally attached to him. She hated life with her husband and wished to be with this sly man who ruined the house that was full of love. This man enticed her to ask her husband for divorce, then he could marry her. What is the legal ruling on such a marriage?

Name of Mufti Ùgail Jasem An-Nashmi, Yusuf Al-QaradawiContent of Reply

In the Name of Allah, Most Gracious, Most Merciful. All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Thanks for your question, and we implore Allah to guide us all to the best and to rescue us all from all our evil inclinations.

To estrange the wife from her husband in order to marry her is forbidden in Islam. The majority of jurists maintain that the contract of marriage concluded after her divorce from the first husband is valid but the act is unlawful. The Maliki jurists hold that the contract is null and void.

In this regard, Dr. Ùgail Jasem An-Nashmi, professor of Shariàh in Kuwait, states the following:

This young man has committed a forbidden act and a grave sin. We implore Allah to accept his repentance. This act is known in Shariàh as takhbib, meaning to estrange a wife from her husband in order to marry her. The Prophet (peace and blessings be upon him) disowned those committing such a sin saying, "He is not one of us who estranges a wife from her husband or the wife of his slave in order to marry her" (Reported by Abu Dawud).

As for the legal ruling on such a marriage, the Maliki jurists maintained—and if I were to adjudge this I would maintain it also— that the second contract is to be repudiated, whether the marriage was consummated or not, and the first husband can have his wife back if they want. If the first husband divorced her later or died, then this person could marry her.

As for the penalty due to this act, it is a discretionally disciplinary punishment fixed by the judge. Here, it could be imprisonment for a certain time; he is not to be released until he repents sincerely.

Besides being a grave sin, this act comes under the major sin of striving after corruption in the land. The society must be purged from such people. Undoubtedly, social education has a great role in this respect, exactly as the serious role of mass media.

Moreover, the eminent scholar Dr. Yusuf Al-Qaradawi states the following:

It is clearly forbidden to love a married woman because this will occupy her mind and heart, and spoil her marital life. Eventually, this may lead to cheating and perfidy. If not, it will disturb lives, confuse minds, and result in marital discord. Actually, the Prophet (peace and blessings be upon him) disowned those committing such a sin: "He is not one of us who estranges a wife from her husband to marry her"



(Reported by Al-Baihaqi in As-Sunan Al-Kubra).

Similarly, it is forbidden for any woman to love a man other than her husband, to occupy her mind with him and turn away from her husband. This may lead to illegal things such as the forbidden gaze, seclusion and touch, and all these acts may in turn lead to what is more dangerous and grave—adultery or even the intention to commit it. If this did not happen, it still could result in confusion, disturbance, stress, and marital discord without any reason or necessity except following one’s lust, which is the worst god that has been worshiped on earth.

The Qur'an relates to us a story about a woman who loved a young man other than her husband. This love led her to many things totally refused by morality and religion. This woman was the wife of the high minister of Egypt and the young man was Yusuf (Joseph, peace be upon him). She tried all means to seduce him. She openly solicited him and she would not hesitate to cheat her husband if only she had the opportunity. But the chaste Yusuf resisted her ardent desire; thus she engineered his imprisonment and strived to dishonor him and abase him. She said to her compeers of the elite ladies of the city: (This is then he whom you blamed me for. Indeed, I did solicit him, to have him, but he resisted. And if he does not do what I command him, he shall be imprisoned, and he will surely be of the abased) (Yusuf 12: 32).

Actually, this behavior is blameworthy, but this woman may be somewhat excused because it was her husband, not she, who bought Joseph and brought him to the house. Consequently, he was constantly present before her eyes as her slave by custom and law, and he was bestowed with unique charm and handsomeness.

Details of FatwaTitle of Fatwa Brushing One's Teeth while FastingDate of Reply 09/Oct/2005Topic Of Fatwa Fasting: Rulings & RegulationsQuestion of Fatwa Dear scholars, As-Salamu `alaykum. Are you allowed to

brush your teeth in the morning with toothpaste when you are fasting? Jazakum Allah khayran.

Name of Mufti Ahmad Kutty, Yusuf Al-QaradawiContent of Reply




Dear questioner, we would like to thank you for the great confidence you place in us. We implore Allah Almighty to accept our fasts and righteous deeds and grant us forgiveness by the end of Ramadan.

It goes without saying that Islam is a religion which pays attention to the cleanliness, decency, and the good appearance and smell of its adherents. Muslims are recommended to appear decent and clean. They also are to keep their mouth clean



by using a brush or siwak (tooth stick, also known as miswak).

The Prophet commanded his companions to use siwak in cleaning their teeth and continued to use it while fasting. Abu Dawud and At-Tirmidhi report an authentic hadith narrated by Àmir ibn Rabiàh. He said: "I have seen the Messenger of Allah (peace and blessings be upon him) using a tooth-stick (siwak) while he was fasting more often than I could count."

In his response to the question in point, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

It is absolutely fine to brush one’s teeth in the morning with toothpaste while fasting so long as one takes care not to swallow the paste. It is reported in the traditions that the Prophet (peace and blessings be upon him) was seen brushing his teeth quite a number of times during the day while he was fasting.

Toothpaste is not intended for consumption. Fast is only broken when it goes directly into our system. To say that one cannot use toothpaste is nothing but rigidity. The Prophet (peace be upon him) warned us against rigidity: “Woe to those who practice rigidity; woe to those who practice rigidity; woe to those who practice rigidity.” (Reported by Muslim)

By avoiding brushing with toothpaste, we end up offending the public by the foul odors of the mouth. Remember it is far more important for us to avoid such objectionable things than being rigid on such frivolous interpretations which have no valid ground in Islam.

Excerpted, with slight modifications, from: www.islam.ca

The eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, adds:

Using a brush while one is fasting is not blameworthy, provided that no toothpaste or similar substances reach the stomach. If anything reaches the stomach, it breaks one's fast according to the majority of Muslim jurists.

If one is cautious and brushes his teeth and out of forgetfulness some traces reach his stomach, he is not sinful, as Allah forgives the mistakes of Muslims that are made unintentionally. Allah, Exalted be He, says: (And there is no sin for you in the mistakes that ye make unintentionally.) (Al-Ahzab 33: 5) And the Prophet (peace and blessings be upon him) is reported to have said: "My nation shall not be held accountable for the mistakes they do unintentionally, out of forgetfulness, and under duress." (Reported by Ibn Majah)

Details of FatwaTitle of Fatwa Sighting the Moon of Ramadan During the DaytimeDate of Reply 03/Oct/2005Topic Of Fatwa Start & End of RamadanQuestion of Fatwa Respected scholars, As-salamu àlaykum. News has circulated

that there will be a partial eclipse of the sun on Monday 29 Sha`ban 1426 ( October 3, 2005 ). This eclipse will last from

12 noon until 3 p.m. It is also said that there will be a probability of sighting the new moon of Ramadan in the Gulf region using telescopes. The eclipse will be total in Libya and Sudan, which allows a better sighting of the new moon.

Is it possible in the viewpoint of Islam to sight the new moon of Ramadan in the daytime of the preceding day of Sha`ban, or must the sighting be after sunset? Jazakum Allahu khayran.


Wa`alaykum As-Salamu wa Rahmatullahi wa Barakatuh.



Dear brother in Islam, may Allah reward you abundantly for your desire to draw near to Him. We invoke Almighty Allah to enable us to reap the fruits of the blessed month, accept our acts of worship, and grant us forgiveness and immunity against the punishment of Hellfire.

The Muslim jurists have differed in opinion concerning sighting the new moon during the daytime whether because of the solar eclipse or other. They have three different views in this regard: (1) Sighting the new moon must be after sunset and any sighting of it during the daytime is not to be taken into account; (2) If the sighting is before the sun reaches its zenith (that is, before noon), this day (in which the sighting has taken place) will be the first day of Ramadan; if the sighting is after the sun reaches its zenith, this day will mark the end of Sha`ban (and the beginning of Ramadan will be the following day); (3) Sighting the new moon during the daytime in general, whether before or after the sun reaches its zenith, marks the beginning of Ramadan on the following day.

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

Almighty Allah has ordained Muslims to fast the month of Ramadan every year. It is one of the (five) pillars of Islam according to the Prophet (peace and blessings be upon him). Fasting Ramadan becomes binding upon Muslims when they are certain, or, at least, think it more likely, that the new moon of Ramadan has appeared.

Almighty Allah says: (Ramadan is the (month) in which was sent down the Qur'an as a guide to mankind, also clear (Signs) for guidance and judgment (between right and wrong). So every one of you who is present (at his home) during that month should spend it in fasting) (Al-Baqarah 2:185). (who is present (at his home) during this month) refers to those who know that the month has begun.

The Prophet (peace and blessings be upon him) was reported to have said, "Fast when the moon (of Ramadan) is sighted, and break your fast when the


moon (of Shawal) is sighted" (Al-Bukhari and Muslim).

The Prophet (peace and blessings be upon him) was also reported to have said, "Do not start fasting until you sight the moon (of Ramadan) and do not break fasting until you sight the moon of (Shawwal). If the skies are cloudy, and you are unable to sight it, then calculate about it" (Al-Bukhari and Muslim).

According to this hadith, the sign of the beginning of the month of Ramadan was sighting the moon by one's naked eye, not by means of astronomical calculations, which were not common then and, moreover, were known only by a few non-Muslim people.

However, the Prophet's saying at the end of this hadith "If the skies are cloudy, and you are unable to sight it, then calculate about it" has opened the gate for scholars to give their personal legal opinions on the issue. Some early scholars of the righteous predecessors like Imam Abu Al-Àbbas ibn Suraij were of the opinion that the Prophet's saying "then calculate about it" means sight it by means of astronomical calculations. This was also the opinion of some prominent scholars of the followers of the righteous predecessors like Mutraf ibn Àbdullah and Qattadah.

On this was based the viewpoint of many Shafiì, Maliki, and Hanafi scholars. They held that the science of astronomy in which the Muslims excelled during the booming of the Muslim civilization is to be concerned with sighting the moons of the lunar months. This science has now reached such outstanding development that man has managed to ascend to the moon itself and, moreover, investigate other planets like Mars.

Hence, we can conclude that astronomical calculations are to be concerned at least in case of not sighting the moon. This is to say, we are to believe the astronomical calculations when they say that there is no moon sighted, for these calculations are based on clear-cut mathematical rules, and the Islamic Shariàh never contradicts clear-cut scientific rules.

Based on the above, the unanimously agreed-upon opinion on deciding about the beginning of a new month is sighting its moon. It is usual to sight the moon after sunset, for sunlight prevents one during daytime from seeing the moon of the following day. But what would the case be if the moon is sighted during the daytime when there is a partial or total eclipse of the sun as mentioned in the question in hand? On this point scholars have differed as follows:

1. Sighting the new moon is not to be considered unless it is after sunset. This opinion is reported to have been held by Abu Hanifah and (the eminent scholar) Muhammad. The Shafiì scholars were also reported to have said that sighting the new moon of Ramadan during daytime of the 29th of Sha`ban is not sufficient and it must be sighted on the eve of its thirtieth day.

2. Sighting the new moon during the daytime may be considered if it takes place after the sun reaches its zenith of the day in question, not before it, for the time after the sun's zenith is closer to the following night. If it is sighted before the zenith of this day, it will be considered as the moon of the previous night. This opinion was reported to have been held by Àli and À'ishah, and

was one of two different opinions said to be held by Ùmar.

3. The moon sighted during the daytime of a day is the moon of the following night whether it takes place before or after the sun's zenith of that day. This is reported to be the second view of Ùmar on the question; it is also reported to be the opinion of his son Àbdullah, Àbdullah ibn Masùd, Anas, and the dependable opinion of the majority of scholars. The author of Ad-Dur Al-Mukhtar said, "The moon sighted during the daytime is the moon of the following night," and added in the footnote commenting on this point "whether it is before or after the sun's zenith of the concerned day."

According to Al-Mudwanah by Malik, he who sights the moon during the daytime of the 29th of Ramadan is not to break his fast, for this moon belongs to the following night, as the time before sighting the moon belongs for sure to Ramadan; if so, it would not be tenable that the time after it (which is still in the same day) be regarded as being of Shawwal and thus one would break his fast during it. The same applies to sighting the moon of Ramadan during the daytime of the 29th of Sha`ban.

In Al-Mughni, Ibn Quddamah quoted the eminent scholar Al-Kharqi's opinion: "If a new moon is sighted during the daytime, it is the moon of the following day" and explained the bases on which Al-Kharqi built this opinion as follows:

The most dependable opinion reported to have been held by Imam Ahmad is that if a new moon is sighted during the daytime of the 29th of Ramadan, whether before or after the sun's zenith, the Muslims are not to break their fasting by sighting it then (that is, it belongs to the following day). This is also the viewpoint of Ùmar, Ibn Masùd, Ibn Ùmar, Anas, Al-Awzaì, Malik, Al-Laith, Ash-Shafiì, Ishaq, and Abu Hanifah.

Ath-Thawri and Abu Yusuf were reported to have believed that if the moon is sighted before the sun's zenith, it is the moon of the previous night; and if it is sighted after the sun's zenith, it belongs to the following night. This is because the time before the sun's zenith is closer to the previous night than the following one. Ùmar was also reported to have held this opinion. In supporting this view Ibn Qudamah quoted Abu Wa'il as saying, "We received Ùmar's message to the effect that 'Some moons are bigger than others, so if you sight a new moon during the daytime (of the end of Ramadan) do not break your fast; continue it until sunset unless two (trustworthy) men witness that they have sighted it in the previous night.'"

This applies also to sighting the new moon of Ramadan. That is to say, if the new moon is sighted during the daytime at the end of Sha`ban, it belongs to the new month. This opinion is reported to have been held by Malik, Abu Hanifah, and Ash-Shafiì.

Imam Ahmad is reported to have another view to the effect that this moon belongs to the previous one and thus one is to abstain from food from the time of sighting the new moon until sunset and is to make up for this missed day after Ramadan.

Based on the above, it becomes clear that if the moon is sighted after noon, or, in other words, after the sun reaches its zenith, it is considered, according to the majority of scholars, to be the moon of the following night (and consequently the following month). If this moon is of Ramadan, people are not to abstain from food for the rest of that day, and if it is of Shawwal, people are not to break their fast on sighting it then. This is said by Ibn Hazm to be a well-established consensus of

Muslim scholars, being based on the agreement of opinion of a number of the Prophet's Companions that the sighting of the new moon is to be considered after the sun's zenith of the day in question.

Based on this, we can conclude that since the eclipse of the sun referred to in the question in hand is expected to occur after the sun's zenith of the 29th of the current Sha`ban, if a new moon is sighted during this eclipse, this means it belongs to the following night and thus is considered the sign of the beginning of Ramadan. This is to be emphasized by the fact that this moon cannot be said to belong to the previous night (that is, the 28th of Sha`ban), as it is proved via authentic hadiths that lunar months are only either of 29 or 30 days.

Details of FatwaTitle of Fatwa Aggression Against Innocent PeopleDate of Reply 02/Oct/2005Topic Of Fatwa International Relations & Jihad, Relations during Peace,

Morals & MannersCountry Applied EgyptQuestion of Fatwa As-Salamu `Alaykum wa Rahmatu Allah wa Baraktuh.

Could you please clarify the Islamic stance on violence and aggression? Also, please shed light on the relation between Muslims and non-Muslims.

Name of Mufti Yusuf Al-Qaradawi, Muzammil SiddiqiContent of Reply




Dear questioner, thanks for your question and we implore Allah Almighty to help us serve His cause and render our work for His Sake. May Allah reward you abundantly for your interest in knowing the teachings of Islam.

One of the important objectives of Islam is to safeguard people's life, property and honor. It is in this light that Islam prohibited aggression against innocent people, Muslims and non-Muslims alike. The Qur'an and the Sunnah are abundant with provisions that crystallize and emphasize this principle. In the Sunnah we read that a woman entered Hell Fire because she tied a cat until it starved. Then, what will be the fate of those who shed innocent people's blood and violate their rights?

Shedding more light on the issue of violence, intolerance, and aggression against innocent civilians, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states: No doubt, aggression against innocent people is a grave sin and a heinous crime, irrespective of the victim's religion, country, or race. No one is permitted to commit such crime, for Allah, Most High, abhors aggression. Unlike Judaism, Islam does not hold a double-standard policy in safeguarding human rights.

Following, I would like to highlight some relevant Islamic principles based on the Glorious Qur'an and Sunnah:



1. Islam Forbids Aggression Against Innocent People

Islam does not permit aggression against innocent people, whether the aggression is against life, property, or honor, and this ruling applies to everyone, regardless of post, status and prestige. In Islam, as the state’s subject is addressed with Islamic teachings, so is the ruler or caliph; he is not allowed to violate people's rights, lives, honor, property, etc.

In the Farewell Pilgrimage, the Prophet (peace and blessings be upon him) declared the principle that people's lives, property, and honor are inviolable until the Day of Judgment. This ruling is not restricted to Muslims; rather, it includes non-Muslims who are not fighting Muslims. Even in case of war, Islam does not permit killing those who are not involved in fighting, such as women, children, the aged, and the monks who confine themselves to worship only.

This shouldn’t raise any wonder, for Islam is a religion that prohibits aggression even against animals. Ibn `Umar, may Allah be pleased with them both, quote the Prophet, peace and blessings be upon him, as saying: "A woman (was made to) enter (Hell) Fire because of a cat which she tied, neither giving it food nor setting it free to eat from the vermin of the earth." (Reported by Al-Bukhari)

If such is Islamic ruling concerning aggressive acts against animals, then, with greater reason, the punishment is bond to be severe when human being happens to be the victim of aggression, torture and terrorism.

2. Individual Responsibility

In Islam, every one is held accountable for his own acts, not others'. No one bears the consequences of others' faults, even his close relatives. This is the ultimate form of justice, clarified in the Glorious Qur'an, as Allah, Most High, says, (Or hath he not had news of what is in the books of Moses and Abraham who fulfilled (the commandments): That no laden one shall bear another's load. ) (An-Najm 53: 36-38)

Therefore, it’s very disgusting to see some people – who are Muslims by name– launching aggression against innocent people and taking them as scapegoats for any disagreement they have with the state’s authority!! What is the crime of the common people then?! Murder is one of heinous crimes completely abhorred in Islam, to the extent that some Muslim scholars hold the opinion that the repentance of the murderer will not be accepted by Allah, Most High. In this context, we recall the Glorious Qur'anic verse that reads, (…if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people) (Al-Ma'idah 5: 32)

3. Ends Do not Justify Means

In Islam, the notion “End justifies the means” has no place at all. It is not allowed to attain good aims through evil means, and, therefore, alms collected from unlawful avenues are not halal (lawful). In this context, the Messenger of Allah, (peace and blessings be upon him) said, "Surely, Allah is Good and never accepts but what is good."

Thus, in Shari`ah, with all its sources– the Glorious Qur'an, the Sunnah, consensus of Muslim jurists– aggression and violation of human rights are completely forbidden.

Besides, it is the duty of the Muslim scholars to do their utmost to guide the perplexed people to the straight and upright path.

Also, Dr. Muzammil Siddiqi, former President of the Islamic Society of North America, adds:

The Islamic position as regards non-Muslims is that they should recognize Allah’s Oneness and Prophet Muhammad as Allah’s Final Prophet. They should accept Islam to live happily and successfully in this world and to be saved in the Hereafter. It is Muslims’ duty to give them this message clearly, but without any coercion or intolerance. If others accept this message it is good for them, but if they do not accept, Muslims should still treat them with kindness and gentleness and leave the final judgment to Allah.

In our enthusiasm for da`wah, we should not be intolerant and aggressive towards others. However, in our politeness and civility we should also not give up our mission and message. We should not be intimidated to become quiet and we should not feel shy to tell the truth.

We must know that Islam is Allah’s way to salvation. Islamic message is unique, authentic and divine. Islam is for the whole world and all people are invited to accept this message. It is our duty to convey this message in the most beautiful and effective manner. We should be the witnesses of Allah to the world by our words and our deeds to all human beings.

Details of FatwaTitle of Fatwa Ramadan & Unity of the Muslim CommunityDate of Reply 29/Sep/2005Topic Of Fatwa Start & End of RamadanCountry Applied United StatesQuestion of Fatwa Dear scholars, As-Salamu `alaykum. Whenever the month of

Ramadan comes near, Muslims get divided into two groups. The majority starts fasting and celebrates `Eid with their local community. This group follows a major local organization such as the Islamic Society of North America, which is a well-established organization in North America. But the other group, which is a minority, always creates a division and disunity within the community and follows Saudi Arabia (or its own mother country) in starting and ending their observation of the holy month. For the sake of the unity, don't you think the Muslim community should unite and start and end fasting on the same day? Which opinion do you strongly prefer: to stick with your local community or to follow another country that is far from you? Jazakum Allah khayran.

Name of Mufti Yusuf Al-Qaradawi





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

First of all, we'd like to state that Muslims should strive and do their best to achieve their unity in all aspects, not only in the beginning and end of Ramadan and celebrating the `Eids. It is against the spirit of Islam to see Muslims in the same country divided in their rituals and their Islamic dates and events. The Islamic spirit is against division and disunity. That is why Muslims are not allowed to hold two congregational Prayers in one mosque at the same time.

Muslim scholars have differed regarding the following issue: if the new moon is sighted in one region or country, ought the people of other regions to follow this sighting or follow their own sighting? The preferable view is that Muslims in other regions and countries are to follow this sighting as long as these countries share one part of the night.

However, if this unity cannot be achieved nowadays, then Muslims in each country must be united and start fasting on the same day. The dilemma of Muslims in the West is that they are divided between their locality and their countries of origin. Some are inclined to follow their countries of origin or major Muslim centers like Saudi Arabia. This, in fact, causes division among Muslims living in the West and they fail to achieve the least level of unity regarding their Islamic dates and events. Moreover, this causes Muslims problems with the authorities in these countries and deprives them from some of their rights. For instance, Muslims cannot demand the day of `Eid as a day off if they do not agree on a certain day.

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

We should be keen and strive to achieve the unity of Muslims regarding the beginning and end of fasting and all other rituals. We should not lose hope in achieving this goal or removing the obstacles in its way.

However, it is to be stressed that anyhow if we fail to achieve the unity of the whole Muslim nation, we should at least be keen to achieve the unity of Muslims in each country. It is not acceptable at all that Muslims of the one country or city be divided among themselves and differ regarding the beginning of the fast so that some of them start fasting on one day while the others do not observe the fast on that day.

It is agreed upon that the decision of the ruler or the people in authority and charge of Muslims affairs lifts the differences in disputable matters. Therefore, if the authority in charge of ascertaining the sighting of the moon in a given country (such as Dar al-Iftaa [House of Fatwa], Supreme Court, or Presidency of Religious Affairs)

announces the sighting of the new moon, then Muslims in such region should follow its decisions, as it is obedience in goodness even if the decision differs with other countries.

In light of the above mentioned facts, Muslims are to achieve unity among themselves. They are to follow their own recognized authorities in order to achieve this goal. It is also the duty of Muslim organizations to reach an agreement on this issue in order not to cause disunity and division among Muslims.

Details of FatwaTitle of Fatwa Guide for Righteous MerchantsDate of Reply 25/Sep/2005Topic Of Fatwa Financial Issues, Earning livelihood, Transactions &

Contracts, Morals & MannersQuestion of Fatwa Is it right that trade is disliked in Islam? Is there a hadith

that indicates that merchants will be raised up as wicked people on the Day of Judgment? If this is right, does it apply to all merchants, even those who trade in lawful things and gain licit profits? Could you please elaborate on this issue in detail?




Thanks for your question, and we implore Allah earnestly to bless our earnings and guide us always to that which is lawful.

Generally speaking, there is no reservation against a Muslim trading in different items as long as it does not involve injustice, cheating, or making exorbitant profits; or lead to the promotion of that which is haram (forbidden by Allah). The Prophet (peace and blessings be upon him) is reported to have said, "The best kind of profit is that of the traders who do not lie on talking, do not break their word on giving promises, do not betray others when entrusted by them, do not flatter on selling something, or criticize on purchasing something, and if somebody owes them something, they do not press him to pay, and if they owe something to others, they do not procrastinate in paying" (Al-Asbahani and Al-Baihaqi).

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

Islam encourages trading as a way of making a lawful earning. The Qur'an encourages the Muslim to travel in the land (in search of Allah's bounty) (Al-Muzzammil 73: 20). The Qur'an also says about merchants: (It is no sin for you that ye seek the bounty of your Lord (by trading)) (Al-Baqarah 2:198). This verse was revealed in the season of Hajj to teach the Muslims that it is permissible


for them to buy and sell during Hajj, as the Muslims before the revelation of this verse were reluctant to do business during Hajj, fearing that this might compromise the sincerity of their intentions in worship.

Allah Almighty also says concerning Friday Prayer: (And when the prayer is ended, then disperse in the land and seek of Allah's bounty) (Al-Jumuàh 62:10).

Ùmar (may Allah be pleased with him), moreover, said, "There is no place where I prefer to die after the battlefield (where I fight in Allah's cause) except a marketplace where I buy and sell for my children’s sake." He derived this from Almighty Allah's words that mention those who travel for the purpose of trade side by side with those who fight in His cause : (He knoweth that there are sick folk among you, while others travel in the land in search of Allah's bounty, and others (still) are fighting for the cause of Allah) (Al-Muzzammil 73:20).

Allah also counted it as His favor upon Quraish that He facilitated for them two trade journeys each year—one toYemen in winter and the other to the Levant in summer. He Almighty says in this respect: (For the covenants (of security and safeguard enjoyed) by the Quraish, their covenants (covering) journeys by winter and summer. Let them adore the Lord of this House, Who provides them with food against hunger, and with security against fear (of danger)) (Quraish 106:1-4).

Besides, there were successful righteous traders among the Prophet's Companions, like Àbdur-Rahman ibn Àwf, who emigrated penniless from Makkah to Madinah but then worked in trade until he became very rich. When he reached Madinah, the Prophet (peace and blessings be upon him) established the bond of fraternity between him and Sa`d ibn Ar-Rabi`. Sa`d said to Àbdur-Rahman, "I am the richest of all the Ansar, so I want to divide my property (between us), and I have two wives, so see which of the two you like and tell me, so that I may divorce her, and when she finishes her prescribed period (i.e., ìddah) of divorce, then marry her." Àbdur-Rahman said, "May Allah bless your family and property for you. As for me, I am a trader; so tell me where your market is." So they showed him the market. He went there with some cheese and butter to sell. He continued working in trade until he surpassed the Jews in that field and became one of the wealthiest men. When he died, his wealth was so great that although one of his wives was compounded for a quarter of her inheritance from him, her share after this reached eighty thousand dinars (imagine how great his wealth was then, bearing in mind the purchasing power of the dinar then). Recall that Àbdur-Rahman ibn Àwf was one of the ten Companions whom the Prophet (peace and blessings be upon him) gave the glad tidings of entering Paradise. So, if there had been something blameworthy concerning trade, he would not have worked in that field.

Hence, trade is neither denied nor disliked in Allah’s religion.

However, traders should tread this field cautiously, for it involves many things that may, Allah forbid, lead one into Hellfire. That is why the Prophet (peace and blessings be upon him) was reported to have said, "Traders will be raised up as wicked people on the Day of Judgment, except those who fear Almighty Allah, do good, and are truthful" (At-Tirmidhi, Ibn Majah, Ibn Hibban, and Al-Hakim). Hence, fear of Almighty Allah, good deeds, and truthfulness save traders from Hellfire on the Day of Judgment.

There is also another hadith to the effect that there are three persons whom Allah Almighty will not look at on the Day of Judgment; among them, according to the Prophet (peace and blessings be upon him) is "a man who takes an oath falsely that he has been offered for his goods so much more than what he is given" (Muslim).

The Prophet (peace and blessings be upon him) was also reported to have said, "The sellers lie and take false oaths (to sell their goods) and thus they become sinful" (Ahmad and Al-Hakim).

He (peace and blessings be upon him) also said, "Traders make Allah an item of their goods as they sell by His oath and purchase thereby" (At-Tabarani).

The above hadiths indicate that traders who swear falsely by the name of Almighty Allah to promote their goods are gravely sinful; Almighty Allah will neither look at them nor bestow mercy upon them on the Day of Judgment. Almighty Allah’s name must be highly sanctified. He Almighty says: (And make not Allah's (name) an excuse in your oaths against doing good) (Al-Baqarah 2:224).

Thus, the fault in the trade field lies in the traders' not caring whether they gain licit or illicit profits. Traders of this kind will be raised up as wicked people on the Day of Judgment, according to the hadith quoted above to that effect.

On the other hand, righteous traders deserve Almighty Allah's pleasure and are guiltless of the faults committed in this field. This is because they abide by the following rules:

1. Trade must be in lawful things only. It is not permissible for Muslims to trade in prohibited materials, such as intoxicating drinks and pork, even if they sell them to non-Muslims. The Prophet (peace and blessings be upon him) cursed ten people concerning intoxicating drinks. Among them are the one who presses the fruit or grain from which they are made, the one who carries them, the one to whom they are carried, the one who serves them, and the one who sells them.

Moreover, a man came to the Prophet (peace and blessings be upon him) with a bag filled with wine as a present to the Prophet (peace and blessings be upon him). But the Prophet said, "Allah forbids intoxicating drinks." The man said, "Then I will sell it." The Prophet replied, "He Who forbids drinking them also forbids also selling them." The man said, "Then I will give it as a present to the Jews." The Prophet (peace and blessings be upon him) said, "He Who forbids drinking and selling them also prohibits giving them as a present to the Jews." The man said, "What then should I do regarding it?" The Prophet (peace and blessings be upon him) said, "Go and spill it on Al-Batha’(a valley between Makkah and Mina)" (Al-Humaidi in his Musnad).

It follows from this that producing, importing, exporting, or trading in intoxicating drinks in any way is prohibited.

2. There must be no fraud or deception. The Prophet (peace and blessings be upon him) was reported to have said, "He who deceives us is not of us" (Muslim).

3. There must be no hoarding. Hoarding is forbidden. The Prophet (peace and blessings be upon him) was reported to have said, "He who hoards goods (until

the price rises) is sinning" (Muslim and Abu Dawud).

This applies to hoarding any commodities Muslims need, whether foodstuff or other. The term "sinning" here is not to be taken lightly. It is the same epithet Allah Almighty has given to some of the great tyrants in history. For example, He Almighty says: (Lo! Pharaoh and Haman and their hosts were ever sinning) (Al-Qasas 28:8).

4. Sellers are not to promote their goods by swearing falsely. They are to avoid swearing in general as much as possible, even if it is truthful. The Prophet (peace and blessings be upon him) described the false oath as "ghamous," i.e., leading the one who takes it to sinning in this world and to Hellfire in the Hereafter. Besides, the false oath brings upon the one who takes it Allah's wrath on the Day of Judgment and ruins his family life.

5. Traders should not exploit the people's need and make much more profit at their expense by raising prices higher than their already-fixed value determined by the government.

Governments raise their employees' salaries at certain rates so that the latter can afford their needs amidst the already-high prices of commodities, but traders exploit this and raise the prices much more to greedily gain further profits.

Raising prices in this way is considered a crime, as it causes hardship to many people whose income is limited and whose standard of living is low. In this regard, it was reported that Ma`qal ibn Yassar, on his deathbed, said to the people round him, "Help me to sit so that I talk to you about the Prophet (peace and blessings be upon him)." Then he said, "I heard the Prophet (peace and blessings be upon him) saying, 'Allah Almighty has vowed to throw in Hellfire on the Day of Judgment he who excessively raises prices at the expense of Muslims.'" The people said to Ma`qal, "Have you really heard this from the Prophet (peace and blessings be upon him)?" He replied, "More than once or twice" (Ahmad, At-Tabarani, and Al-Hakim).

The Prophet (peace and blessings be upon him) wanted by this to convince traders of the importance of seeking fair profit. Why should they greedily raise prices? It is preferable for them to make a little profit and sell much more than to make much profit and sell little. It is untenable that they accumulate worldly gains in any way and still think they are right. Islam calls for fair dealing in all walks of life. So, if people are left to determine prices, they should take into account the spirit of justice in this regard.

6. Traders are to purify their wealth by paying zakah on it. They are to pay 2.5 percent of the total value of the wealth. This applies to wealth that is in cash money or in business stocks and trade articles. If the investment is in immovable property like revenue buildings, office buildings, factories, and the like, such as refrigerators where goods are preserved, these things are not to be counted in zakah; the rate of zakah in this case goes by the total net income, and not the total value of the whole property. In other words, zakah is paid only on the money or the products and goods that are put up for trade or selling. This applies also to what others owe to the traders. As for traders’ due credits, they are to pay them first and then pay zakah on the remaining net balance. Rich people should not consider such a rate as a high one, giving Satan the chance to influence them and induce them not to pay it. They are to keep in mind Almighty Allah's words: (The devil promiseth you destitution and enjoineth on you lewdness. But Allah promiseth you forgiveness from

Himself with bounty) (Al-Baqarah 2:268). They are to consider also Allah’s words: (And whatsoever ye spend (for good) He replaceth it. And He is the Best of Providers) ( Saba' 34:39).

7. Business is not to be time-consuming for Muslim traders at the expense of their religious duties towards Almighty Allah and their fellow brothers and neighbors. Traders are to consider this rule quite well, as most of them are indulged in the vortex of commercial activity and how much profit they might gain. That is why the Prophet (peace and blessings be upon him) encouraged traders to be mindful of their religious duties by saying, "An honest and trustworthy merchant will be with the Prophets, the truthful, and the martyrs" (At-Tirmidhi). The Prophet (peace and blessings be upon him) was also reported to have said, "The best kind of profit is that of the traders who do not lie on talking, do not break their word on giving promises, do not betray others when entrusted by them, do not flatter on selling something or criticize on purchasing something, and if somebody owes them something, they do not press him to pay, and if they owe something to others, they do not procrastinate in paying" (Al-Asbahani and Al-Baihaqi).

These are the characteristics of the traders worthy of accompanying the prophets, the truthful, and the martyrs on the Day of Judgment. To them, the following words of Almighty Allah also apply: (Men whom neither merchandise nor sale beguileth from remembrance of Allah and constancy in prayer and paying to the poor their due; who fear a day when hearts and eyeballs will be overturned; that Allah may reward them with the best of what they did, and increase reward for them of His bounty. Allah giveth blessings without stint to whom He will) (An-Nur 24:37-8).

In fact, every Muslim working in trade can have such characteristics but, unfortunately, there are few who are of this kind. People nowadays seldom remember their religious duties and get convinced of the lawful ways of earning money. Instead, they run after gaining wealth in any way, even if unlawful, at the expense of others.

Details of FatwaTitle of Fatwa Making Up for the Missed Fast Days in Sha`banDate of Reply 19/Sep/2005Topic Of Fatwa Fasting: Rulings & RegulationsCountry Applied Saudi ArabiaQuestion of Fatwa As-Salamu `alaykum. Can a Muslim make up for the days

of fast he missed in Ramadan during the month of Sha`ban?






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

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

Regarding your question, a Muslim is encouraged to hurry to make up for the missed fast days of Ramadan. It is allowed to make up for the missed fast days of Ramadan in any month that comes after Ramadan. However, Sha`ban may be the last chance for making up for the missed fast days of the past Ramadan before the coming of other Ramadan.

Responding to your question, the eminent Muslim scholar Sheikh Yusuf Al-Qaradawi states the following:A Muslim male or female should make up for the missed obligatory days of Ramadan whenever he or she can. The missed fast days are to be offered at any time of the year before the coming of the next Ramadan. This implies that there are eleven months for a Muslim to make up for the missed fast days, whether the obligatory fast of Ramadan was broken due to illness, travel, menses, or any other reasons.

There is flexibility in Islamic Shariàh regarding when one is permitted to make up for the missed fasting days. One can make up for the missed fast days in Shawwal, that is, right after Ramadan, and also in the months that follow.

Undoubtedly, it is advised to speed up in making up for the missed fast days. Allah says about hastening in doing good: (… so vie with one another in good works) (Al-Ma’idah 5: 48).

It is better for one to make up for missed days because nobody knows when his end will come. In case one delays making up for the missed fast days, whether because of hot climate, weakness, or a physical ailment, or because one is preoccupied with certain duties preventing one from observing fast, then one has time until next Ramadan.

When Sha`ban comes, one should make up for the missed days, for it is one’s last chance. It is to be noted that À’ishah, the Mother of the Believers (may Allah be pleased with her), used to make up for the missed days of Ramadan in Sha`ban.

Consequently, it is allowed to make up for missed fast days in Sha`ban. Those who have doubts about that should know that there is nothing that renders this unlawful in the Shariàh because it is allowed to make up for the missed fast days during any month.

Having clarified the above, I should add here that making up for missed fast days of Ramadan can be delayed and performed later whenever a person is able; this is in cases

when the person remains sick until next Ramadan. Hence, making up for the fast days will be like a debt that one should pay whenever one becomes able. Doing so is permissible, where Allah says by the end of a Qur’anic verse about fasting: (Allah desireth for you ease; He desireth not hardship for you) (Al-Baqarah 2: 185).

Details of FatwaTitle of Fatwa Husband Disowning His Wife’s ChildDate of Reply 21/Sep/2005Topic Of Fatwa Family, Marital relationships, Adultery & FornicationQuestion of Fatwa If a husband is certain about his wife’s infidelity and that

she has got pregnant because of committing adultery, is it permissible for him to disown the child she is carrying in her womb, or should he keep quiet about the matter?





Thanks for your question, and we implore Allah to guide us all to the best and to reward us abundantly for whatever good deeds we do for His sake.

Islam considers parentage extremely important because of the rights and duties that depend upon it. According to Islam, it is impermissible for a person to disown himself from his father; it is even called “disbelief” in the sense that it shares the same repulsiveness and hideousness of disbelief. Similarly, Islam does not permit the husband to disown his wife’s child except in these two cases:

1. When the husband is certain of his wife’s adultery in a phase of purification during which he has not had sexual intercourse with her, then he abstains from having sex with her until she gives birth. In such case, the husband must disown the child so as not to add to his lineage a child that is not his.

2. When he is quite sure about his assumption that the child is not his but his assumption has not reached the degree of complete certainty.

As for the cases of doubt and uncertainty, it is impermissible to disown the child.

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

Islam does not allow a Muslim to ascribe to himself a child who is not his own, nor a Muslim to disown himself from a confirmed lineage, nor a father to disown his child without right. That is why scholars say, “It is impermissible for a man to disavow his child, unless he sees his wife committing adultery in a phase of purification during which he has not had sexual intercourse with her, and then he abstains from having sexual intercourse with her until she gives birth to a child after six months or more.”


In such a case he is permitted, or rather must, disown the child, for fear that recognizing the child as his might entail other rulings such as

1. This child may inherit without deserving any inheritance.

2. The child may disinherit rightful heirs.

3. The child may see the `awrah (the body parts that are forbidden to be exposed) of women who are lawful for him to marry. So he will regard the wife of his foster father as his real mother whom he might kiss and hug while she is not his mother. He will also consider the daughters of this man as his sisters while they are not related to him at all, and the sisters of this man as his aunts while, in reality, they are not. The same applies if the child is a girl; she will consider a non-mahram man her father, his sons as brothers, his brothers as uncles, etc.

For the above reasons, scholars say that if a husband is certain about his wife’s infidelity, he must disown her child. In some other instances they say that if the husband has a strong assumption that the child is not his and his assumption is close to certainty, such as when a husband sees his wife committing adultery in a phase of purification in which he had sexual intercourse with her and then she gives birth to a child that resembles the adulterer. Another similar case of strong assumption of the husband's part is when the husband is sterile and his sterility is certain.

In the first case, he must disown the child, while in the second he is permitted to do so.

Concerning the same issue, the following was mentioned in the book Matalib An-Nuha Sharh Ghayat Al-Muntaha:

The husband must disown the child in these two cases:

1. If he sees her committing adultery in a phase of purification in which he has not had sexual intercourse with her and then she gives birth to a child that resembles the adulterer, then he is to accuse her of committing adultery and disown the child through li`an (public imprecation) because, in such case, the husband is certain that the child belongs to the adulterer. Unless the husband disowns the child, the child would be his and would consequently inherit from him and his relatives, and so would they [inherit from the child]. This child would also see the husband’s daughters, sisters, and their likes [without hijab], which is impermissible. Thus, the child has to be disowned because of all such consequences. Furthermore, the Messenger of Allah (peace and blessings be upon him) is reported to have said, “Any woman who brings to her family one who does not belong to it has nothing to do with Allah (i.e., expects no mercy from Allah), and Allah will not bring her into His Paradise. Allah the Exalted will veil Himself from any man who disowns his child when he looks at him, and disgrace him in the presence of all creatures, first and last” (Abu Dawud).

2. If the husband saw his wife committing adultery in a phase of purification in which he had sexual intercourse with her and he had a strong reason [to believe] that the child belongs to the adulterer because of the strong resemblance between them or if the husband is sterile, he is allowed to disown this child. The resemblance is a proof that the child is the outcome of the adulterer’s fluid, that is, after the confirmation of adultery. In such case,

strong assumption replaces certainty (vol. 6, p. 198).

In any other circumstances, it is impermissible to disown the child of one’s wife, for it entails the child’s loss. On the other hand, it is also impermissible to adopt a child as one’s own without right, because it is a dangerous forgery and it is the adoption prohibited by Allah, His Messenger, and all the scholars of Islam.

Details of FatwaTitle of Fatwa Sha`ban Fasting: Any Specific Days?Date of Reply 14/Sep/2005Topic Of Fatwa Kinds of FastingQuestion of Fatwa Thanks for all your efforts and services. May Allah reward

you abundantly. My question is: Are there any specific days in the month of Sha`ban in which fasting is commendable? Thanks.



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

Dear questioner, thanks a lot for such an important question. May Allah Almighty bless you and we pray to have all our efforts rendered for the sake of Allah.

No doubt that Muslims are urged to strive hard in getting close to Allah with all forms of acts of worship; they should take that as a top priority. However, they are instructed that whatever they do, they should not deviate from the teachings and principles set by the noble Prophet, Muhammad (peace and blessings be upon him). He has set for us a shinning model that we should follow in order to keep firm on the right path. Therefore it’s very important for a committed Muslim to make sure that his acts of worship have basis both in the Qur’an and the Sunnah of the Prophet (peace and blessings be upon him).

This point is the theme of the following fatwa issued by the prominent Muslim scholar, Sheikh Yusuf Al-Qaradawi:

The Prophet (peace and blessings of Allah be upon him) was keen on fasting in the month of Sha`ban more than he was in other months. À'ishah (may Allah be pleased with her) reported that the Prophet (peace and blessings of Allah be upon him) never fasted for a whole month except in Ramadan. This refutes what some people do; observing fast for three consecutive months: Rajab, Sha`ban and Ramadan, followed by six days of Shawwal, which they call the White Days of Shawwal. That is, they start fasting at the beginning of Rajab until the seventh of Shawwal, leaving nothing but the Day of Èidul-Fitr. Neither the Prophet (peace and blessings of Allah be upon him) nor his Companions or even their successors were reported to have done so.

The Prophet (peace and blessings of Allah be upon him) used to fast some days of every month. À'ishah (may Allah be pleased with her) said that the Prophet (peace and blessings of Allah be upon him) sometimes would observe fasting continuously,


to the extent that his Companions thought he would never break fast, and in other times he would refrain from fasting to the extent that they thought he would never fast again.

The Prophet (peace and blessings of Allah be upon him) usually observed fasting on Mondays and Thursdays and three days of each month (the 13th , 14th and 15th). He sometimes used to fast every alternate day, following the pattern of Prophet Dawud (peace be upon him). He even made this clear: “The best way of fasting in Allah’s sight is that of Dawud, who used to observe fasting every alternate day.”

The Prophet (peace and blessings of Allah be upon him) used to observe fasting in Sha`ban more than he did in other months. This was a kind of self-preparation for the coming of Ramadan; that is, to act as some sort of girding oneself for Ramadan. But there are no textual evidence that there are specific days in Sha`ban in which fasting is commendable. It is, by and large, impermissible for one to prefer certain days to observe voluntary fasting or certain nights to perform Night Prayers, lacking any juristic basis for that action. Religious acts are not left for man’s whims. Rather, they are subject to Divine legislation. Thus, specifying certain times and places for worship and the description of different acts of worship are the matters of the Divine, not that of human.

Details of FatwaTitle of Fatwa Seriousness of Issuing FatwasDate of Reply 18/Sep/2005Topic Of Fatwa Morals & Manners, Morals & Values, Principles of Islamic

Jurisprudence (Usul-ul-Fiqh), Concepts & TermQuestion of Fatwa We would like Dr. Sheikh Yusuf Al-Qaradawi to speak about

the awe-inspiring post of giving fatwa and the attitude of the righteous predecessors (may Allah be pleased with them) toward such a post.




Thanks for your question, and we implore Allah to guide us all to the best both in this world and in the Hereafter.

Indeed, muftis are considered vicegerents of Almighty Allah due to their awe-inspiring post. Issuing fatwas is a very serious matter that should be given due consideration. The Prophet’s Companions (may Allah be pleased with them all) as well as the succeeding generations after them set great examples in this respect. Many of them are reported to have declined to give their opinion on a certain question before consulting knowledgeable and trustworthy persons on it, and they would not answer any question unless they were quite certain about it.

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


Qaradawi, states the following:

The responsibility of giving fatwa is really serious. Muftis, according to Imam Ash-Shatibi, are representatives of the Prophet (peace and blessings be upon him). He (peace and blessings be upon him) was reported to have said: “Knowledgeable scholars are inheritors of the Prophets.” They represent the Prophet (peace and blessings be upon him) in conveying the rulings of theShariàh, teaching people their religion, and warning them against falling into sins. Besides, they represent the Prophet (peace and blessings be upon him) in giving new rulings on issues to which there are no explicit and clear-cut rulings in the Shariàh by means of deducing from (and holding analogies to) the principles and established rulings of the Shariàh. Muftis thus are, according to Imam Ash-Shatibi, law-givers whose rulings must be followed. It is this aspect that renders them true vicegerents of Almighty Allah in this world.

Imam Ibn Al-Qayyim considered muftis “vicegerents of Almighty Allah” and wrote his well-known book I`lam Al-Muwaqqiìn-àn-Rab-Alàlamin in this regard. He said in the preface of this book, ‘‘If the post of kings’ vicegerents is of undeniable importance and great influence, how it would be the post of vicegerents of Allah, the Lord of the Earth and Heavens!’’

The righteous predecessors were aware of the awe-inspiring aspect of giving fatwa as well as its importance in Allah’s religion and its great influence on people’s lives. Hence, they would think a thousand times before giving fatwa. They would also hold in high esteem the knowledgeable persons who withheld from giving fatwas on matters that they had no knowledge about, and would hold in contempt those who would find nothing wrong in answering every question posed to them without careful consideration.

The Companions’ Attitude Towards Giving Fatwa

The Prophet’s Companions were the first to set great examples in this respect. Many of them, though of wide knowledge and enlightened understating, would not give their opinion on a certain question before consulting knowledgeable and trustworthy persons on it. The Prophet (peace and blessings be upon him) himself would sometimes withhold from answering a certain question until he would meet Angel Jibreel and ask him about it.

The Rightly Guided Caliphs, though of wide knowledge, would convene the most honest and knowledgeable Companions to consult and take fatwas from about the complex and thorny questions they faced. It is from this kind of congregational fatwas that unanimity of scholars appeared as a source of authenticating a certain legal opinion.

Some Companions would avoid answering a certain question altogether or refer it to another person or simply say, “I do not know the answer.’’ For example, Ùtbah ibn Muslim said, “I accompanied Ibn Ùmar for thirty-four months, during which he many a time would answer the questions posed to him by saying ‘I do not know (the answer).’”

Ibn Abu Laylah also said, “I knew a hundred and twenty persons of the Ansar from the Prophet’s Companions; when one of them was asked a certain question, he would refer it to another person of them, who would refer it, in turn, to another one and so on until it would be referred to the first one. No one of them would report a

hadith or answer a question but he wished another Companion had done it instead!”

Àta’ ibn As-Sa’ib said, “I knew knowledgeable persons who would experience extreme fear on answering a question posed to them lest it would be wrong.”

Ùmar ibn Al-Khattab would also say to his Companions, “The readier one of you is to answer any question posed to him, the readier he is to enter the Hellfire.’’

Ibn Masùd also said, “I strongly believe that he who gives his opinion on every matter people ask him about is really unwise.”

Ibn Àbbas said, “When a knowledgeable person says on being asked, ‘I do not know (the answer),’ his statement is right and indicates to the questioner a sign to refer the matter to another person.”

Attitude of the Righteous Successors Towards Giving Fatwa

Whenever the most knowledgeable person among the righteous Successors Saìd ibn Al-Musayyab came to giving a legal opinion on a certain matter, he would say, “O Allah save me from giving a wrong opinion and spare others the wrongness of my opinion.”

Al-Qasim ibn Muhammad, one of the seven eminent jurists in Madinah, was asked about something, but he said, ‘‘I am not good at it.’’ The questioner said, “I came to you in particular, as I know no other knowledgeable scholar.” Al-Qasim said, “Do not be deceived by my long beard and the people’s assembling around me.” An old Quraishi man sitting by him on this occasion said to him, “O brother! Answer it; we have not seen you more brilliant and impressive than you are in today.” Al-Qasim replied, ‘‘I’d rather have my tongue cut than speak about something I have no knowledge about.”

Ash-Sha`bi was also asked about something but he said, “I do not know the answer.” Upon this one said to him, “Are you not ashamed of saying you do not know it, while you are the most knowledgeable jurist in Iraq ?” Ash-Sha`bi then replied, “The angels themselves were not ashamed to say to Almighty Allah (Glory to Thee: of knowledge we have none, save what Thou hast taught us’) (Al-Baqarah 2:32).”

Attitude of the Founders of Schools of Fiqh Towards Giving Fatwa

The eminent founders of schools of fiqh also did not find it shameful to refuse giving their personal opinion on a question that they had no knowledge about.

Many times Abu Hanifah was reported to have said ‘‘I do not know the answer” although he was brilliant in answering (difficult) juristic questions and showed great ability in deducing and generating juristic rulings.

Al-Khatib Al-Baghdadi quoted Abu Yusuf as saying, “I heard Abu Hanifah saying, ‘But for fear of Almighty Allah’s wrath that I had not made use of my knowledge, I would not have given fatwas at all to whoever asks me. The person who asks me gets the benefit of knowing the answer anyway, while I bear the responsibility (before Almighty Allah) if it has been wrong!’”

Abu Hanifah also said, “One who gives fatwas and imparts religious knowledge freely

without thinking that Allah would bring him to account by asking him, How come you give fatwas without possessing the required knowledge to give them? Such a person is putting himself and his religious commitment at stake.

Imam Malik showed far greater cautiousness in this regard. For example, he said, “When a scholar is asked a question, he should first consider to where he will be admitted in the Hereafter, the Paradise or the Hellfire, and reflect upon how he will save himself from punishment on that Day, and then he can answer the question.”

Ibn Al-Qasim reported, “I heard Malik saying ‘I am reflecting on a juristic question for more than ten years now and I have not reached an answer yet.’”

Ibn Mahdi also quoted Malik as saying “I may spend a whole night meditating upon one juristic question.”

Musàb as well reported, ‘‘My father asked me to take a person who has a problem to Malik to ask him about a solution to it. When I did, Malik said ‘I do not have a solution to it. Ask the knowledgeable people about it.’”

Ibn Abu Hassan said about Malik, “Once, Malik was asked twenty-two juristic questions, yet he did not answer more than two questions of them, saying every now and then ‘There is neither might nor power except with Allah.’”

Sometimes Malik would say on being asked a juristic question, “(Religious) knowledge is far wider than this.”

Once upon his saying statements of this kind, some people said to him, “If you [with all that knowledge] say you do not know, who else would?” He replied, “What are you saying? You do not know me well! I am nobody! What is it that distinguishes me from you so that I know what you do not know?” He then quoted Ibn Ùmar as saying “I am not as knowledgeable as you think me to be; I am nobody! It is self-conceitedness and seeking prominence in society that bring about ruin to people, and thus few are the people who have true knowledge.”

Musàb also related, “Once, Malik was asked about something and he said, ‘I do not know the answer.’ The questioner, who was an influential person, said, ‘It is an easy question and I just want to inform the prince about an answer to it.’ Malik replied, ‘An easy question! There is nothing easy in (religious) knowledge. Have you not heard Almighty Allah’s words (Soon shall We send down to thee a weighty Message) (Al-Muzammil 73:5)? Knowledge of this message is thus not as easy as you say, especially when it comes to asking about fatwas derived from it!’”

Malik was also reported to have said every now and then on giving fatwas, ‘‘There is neither might nor power except with Allah’’ and(We deem it naught but a conjecture, and we are by no means convinced) (Al-Jathiya 45:32).

Abu Dawud reported that once Imam Ahmad was asked to give his personal juristic opinion on a question, but he said, “Let us not tackle such innovated matters.”

Abu Dawud also said, “Many times I heard Imam Ahmad saying (when asked to give his opinion) on controversial scholarly issues ‘I do not know.’”

Once, a man came to Imam Ahmad and asked him to give his personal opinion on a certain matter, but he said, “I have no answer to it.” Then he cited the statement of

Àbdullah ibn Masùd referred to above.

Based on the above, the attitude of the righteous predecessors towards giving fatwas shows how wisely they shouldered their religious responsibility and how mindful they were of Almighty Allah in this respect.

Details of FatwaTitle of Fatwa Leniency in Issuing FatwasDate of Reply 07/Oct/2004Topic Of Fatwa Aims of LegislationCountry Applied QatarQuestion of Fatwa Many people issue fatwas based on the easiest juristic

opinions. Is there any legal evidence supporting this approach? And should leniency be resorted to all the time?




Dear questioner, thanks for your interest to know about the teachings of Islam, and we earnestly implore Allah to bless your efforts in this honorable way.

Indeed, the religion of Islam seeks not to cause any hardship to its adherents or burden them beyond their capabilities. Easiness and facilitation are of the main characteristics of Islam. Almighty Allah says: “Allah would not place a burden on you, but He would purify you and would perfect His grace upon you, that ye may give thanks.” (Al-Ma’idah: 6)

This concept of facilitation and easiness in Islam is clearly manifest in its simple and flexible legislations. In taking into consideration different conditions facing people, Islam facilitates its rulings in a way that such diversity comes to term with the application of the Shariàh rulings, without being divorced from the reality whatsoever.

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

One of the priorities that should be taken into consideration in the fields of fatwa, and da`wah (call to Islam) is the adoption of a lenient and easy approach, far from severity and sternness. The provisions of the Qur’an and the Sunnah indicate that making things easy and lenient is favored more by Allah and His Messenger. Allah says “Allah desireth for you ease; He desireth not hardship for you.” (Al-Baqarah: 185) He also says, “Allah would make the burden light for you, for man was created weak.” (An-Nisaa’: 28) In another verse He, the Almighty also says, “Allah would not place a burden on you” (Al-Ma’idah: 6)

Similarly, the Prophet (peace and blessings be upon him) is reported to have said: “The best parts of your religion are the easiest ones.” In another hadith, he says “The most cherished religion to Allah is al-Hanifia al-Samha’ (the easy


and lenient).” Further, À’ishah, the wife of Allah’s Messenger said, “Whenever the Prophet had to choose between two things he adopted the easier one, provided it was not a sin. If it was a sin, he would be the farthest one from it.”

Ibn Ùmar also reports that the Prophet (peace and blessings be upon him) said “Allah likes His legal concessions to be undertaken, in the same way as He dislikes the acts of disobedience to be undertaken.”

This lenient approach gains more weight in cases requiring ease, such as in the cases of weakness, illness, agedness, extreme difficulty and so forth. Jabir Ibn Àbdullah (may Allah be pleased with him), reported that in the course of a journey, Allah’s Messenger (peace and blessings be upon him) saw a man. People were crowding around him and providing him with shade. Upon this he said: “What is the matter with him?” They said: “He is a person observing fast.” Whereupon the Messenger of Allah (peace and blessings be upon him), said: “It is not righteousness that you fast on a journey.”

If travel does not entail such difficulty, one is permitted to fast. À’ishah reported that Hamzah Ibn Àmr Al-Aslami asked the Messenger of Allah about fasting on a journey. The Prophet said: “Fast if you like and break it if you like.”

Commenting on the subject of fasting while traveling, and the disagreement of the scholars regarding its ruling, the rightly guided Caliph Ùmar Ibn Àbdul-Aziz said, “The easier choice is the more excellent.” This is an acceptable view, given the fact that some people find fasting with people easier than performing fast alone in later days when the people are not fasting. On the other hand, some people may opt to delay the fast. Thus, the easier the better.

Moreover, in pursuit of easing the fast, the Prophet called on Muslims to hasten to break the fast once the time is due, and to delay the meal of suhur (early morning meal).

Besides, while dealing with controversial rulings, many scholars prefer those that are easier for people, especially in the fields of dealings and transactions. One of their oft-repeated phrases is: “This ruling is easier for people.”

Thanks to Allah, I actually adopt the approach of easiness in fatwa, and leniency in da`wah in conformity with the attitude of the Prophet (peace and blessings be upon him). In his advice to Abu Musa and Muàdh before dispatching them to Yemen, the Prophet said: “Show leniency (to the people); don't be hard upon them; give them glad tidings (of Divine favors in this world and the Hereafter); and do not create aversion. Work in collaboration and don’t be divided.” In another hadith, Ànas narrates that the Prophet said: “Give glad tidings (to the people); do not create (in their minds) aversion (towards religion); show them leniency and do not be hard upon them.”

Answering a question addressed to me after one of my lectures, I said that if I came across two opinions with equal or almost equal strength and weight, I would prefer the easier of them. One of the attendants asked, what is the evidence supporting such preference? I answered, my evidence is the guidance of the Prophet, (peace be upon him), who used to choose the easier options. He also ordered imams (the leaders in congregational prayers) to shorten their prayer, since some of the worshippers would be weak, aged, or in need to leave.

It may be acceptable for a scholar to issue a strict fatwa for those who are strong and staunch in their faith. However, the public need to be addressed with lenient and easy fatwas.

In fact, the lenient approach is needed more and more in our contemporary age, especially in dealing with new converts to Islam and those who have recently repented. Actually, this attitude is crystal clear in the Prophet’s way of teaching Islam to new converts. He never overburdened them with many duties, orders, or prohibitions. When the new converts asked him about the teachings of Islam, he only informed them about the basic duties of Islam, without overwhelming them with many (supererogatory) acts.

Even, we see that the Prophet (peace and blessings of Allah be upon him) vehemently criticized those who make things difficult for people without considering their circumstances. This is demonstrated in his attitude towards some of the companions who used to prolong the prayer when leading people, which resulted in some complaints from people. When he was informed that Mu`adh prolonged the prayer, he reproached him saying: “Are you a tempter?” He said it thrice. Also, a man came to the Prophet and said, “O Allah's messenger! I keep away from the morning prayer because so-and-so (the imam) prolongs it too much.” Allah’s Messenger became furious, and I never saw him more furious than he was on that day. The Prophet said, “O people! Some of you make others dislike the prayer, so whoever becomes an Imam he should shorten the prayer, as behind him are the weak, the old, and those who need to leave for a certain purpose.”

Some narrations reported that the leader who prolonged the prayer in the former incident was Ubay ibn Ka`b, one of the accomplished and knowledgeable companions. However, this did not spare him from the Prophet’s criticism. The Prophet also disapproved of the act of Mu`adh, though he was one of his beloved and appreciated companions.

Anas, the Prophet’s servant and companion, states: “I never prayed behind any imam a prayer lighter and more perfect than that of the Prophet, and he used to shorten the prayer whenever he heard the cries of a child lest he should put the child’s mother to trial.” The Prophet himself said: “When I start the prayer I intend to prolong it, but on hearing the cries of a child, I shorten the prayer because I know that the cries of the child will incite his mother’s passions.” In another hadith, Abu Hurayrah narrates that the Prophet said: “If any of you leads the people in prayer, he should shorten it for amongst them are the weak, the sick and the old; and if anyone among you prays alone then he may prolong (the prayer) as much as he wishes.”

The Prophet’s disapproval of severity reached its peak when he felt that it would form an orientation that would be adopted, not only by individuals, but by a group of Muslims. This is noticeable in his vehement disapproval of the act of the three companions who intended to follow a way of worship different from his way, though they meant only to perform good deeds and draw nearer to Allah. Anas narrates that a group of three men came to the houses of the wives of the Prophet asking how the Prophet worshipped (Allah), and when they were informed about that, they seemed to consider it insufficient and said, “Where are we from the Prophet, as his past and future sins have been forgiven?” Then one of them said, “I will offer the prayer throughout the night forever.” The other said, “I will fast throughout the year and will not break my fast.” The third said, “I will keep away from women and will not marry forever.” Allah’s Messenger came to them and said, “Are you the same people

who said so-and-so? By Allah, I am more submissive to Allah and more afraid of Him than you; yet I fast and break my fast, I do sleep and I also marry women. So he who does not follow my Sunnah in religion, is not from me (not one of my followers).”

In this context, Ibn Masùd narrates that the Prophet (peace and blessings of Allah be upon him) said, “Ruined were those who indulged in hair-splitting. He repeated this thrice.” In this hadith, al-mutanate’un means those who indulge in hair-splitting issues, and seek unnecessary difficulties.

Furthermore, Abu Hurayrah narrates that the Prophet (peace and blessings be upon him) is reported to have said, “Religion is very easy and whoever overburdens himself in his religion will not be able to continue in that way. So be moderate and try to be near to perfection, and receive the good tidings (that you will be rewarded); and gain strength by worshipping in the early hours of the mornings, the afternoon hours, and some part of the nights.” The narration of Al-Bukhari goes as following “Do good deeds properly and moderately, and worship Allah in the forenoon and in the afternoon and during a part of the night, and always adopt a middle, moderate, regular course whereby you will reach your target (Paradise).” Thus, the Prophet tells us that whoever intends to overburden himself with religious duties will fail, since the religious branches are numerous. So he taught us to choose times that are more suitable for offering acts of worship, that is times when the heart feels comfortable and the body is not exhausted, so that one would feel the delicious taste of worship and not feel boredom.

Details of FatwaTitle of Fatwa Fatwa: Significance and ConceptDate of Reply 16/Feb/2004Topic Of Fatwa Concepts & TermCountry Applied PalestineQuestion of Fatwa As-Salamu àlaykum wa Rahmatu Allah wa Barakatuh. I’d

like to know the meaning of Fatwa and its significance. Thanks in advance for answering my question.

Name of Mufti Group of MuftisContent of Reply

Waàlykum As-Salamu Warahmatullahi Wabarakatuh.



Dear questioner, we do really appreciate your question, which shows how far you are interested in getting yourself well-aquatinted with Islam and its teachings. May Allah bless your efforts in the pursuit of knowledge!

In his book, Al-Fatwa Bayna al-indibat Wa-at-tasayyub, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states the following:

“Lexically, the Arabic word fatwa means to give a satisfactory answer regarding a


certain issue.

In the technical language of Shari`ah, the word fatwa clarifies the Islamic ruling in an answer given to question or a set of questions usually related to an Islamic issue. It does not make any difference whether the questioner is a person or a group of persons.

It stands to reason that fatwa is not an easy task, but rather an arduous one. This is because the one who commits himself to issuing fatwas acts on behalf of Allah's Messengers and Prophets. The Prophet (peace and blessings be upon him) is reported to have said: "Scholars are the heirs of Prophets, and Prophets neither left behind dinars nor dirhams (Arab coins); rather they left knowledge. He who acquires knowledge has really gained something of great value."

Both the Rightly-Guided Caliphs as well as all the Companions of the Prophet (may Allah be pleased with them all) used to show extreme caution before giving Fatwas. Sometimes, they’d completely decline from carrying out the process. They held deep respect for the person who did not hasten in delivering Fatwas. When asked about a certain religious issue, the Prophet’s Companions (may Allah be pleased with them all), used to forward Fatwas to one another, passing them around in an attempt to avoid shouldering the heavy responsibility of answering them.

Sometimes, the Prophet (peace and blessings be upon him), when asked about certain matters, would decline to answer it until he asked Gabriel first. The Prophet (peace and blessings be upon him), said: "He who issues Fatwas without having sound religious knowledge will bear the burden of the one to whom he issued a Fatwa."

Imam Ahmad (may Allah be pleased with him) said that the one nominated to hold the position of Mufti, should possess the following characteristics:

1. He should have a pure intention to guide the questioner and never to misguide him.

2. He should have deep insight, equanimity and tranquility.

3. He should have a firm religious background and deep knowledge.

4. In his capacity as a religious leader, the Mufti should have adequate means to earn his livelihood.

5. Finally, he should be aware of daily life and contemporary issues.”

Moreover, Sheikh M. S. Al-Munajjid, a prominent Saudi Muslim lecturer and author, adds:

“Not every individual has the right to issue Fatwas and make pronouncements on matters. A Mufti must be qualified and of profound knowledge. He has to be able to know the evidence, the wording and apparent meaning of the texts, what is Sahih (authentic) and what is Da`if (weak), An-Nasikh wal-Mansukh (the abrogating and the abrogated), what is specific in application and what is general, and what is stated in brief and what is mentioned in detail.

This needs lengthy experience and practice, knowledge of the various branches of

Fiqh and where to look for information, knowledge of the opinions of the scholars and jurists, and memorization or knowledge of the religious texts. The Mufti should be knowledgeable and rich in life experience. We cannot imagine him to live in an ivory tower and turn a blind eye to life around him.

Undoubtedly, issuing Fatwas without having qualification to do so is a grave sin. Allah has warned us against that, saying: "And speak not, concerning that which your own tongues qualify (as clean or unclean), the falsehood: "This is lawful, and this is forbidden,’ so that ye invent a lie against Allah. Lo! Those who invent a lie against Allah will not succeed.” (An-Nahl: 116)”

You can also read:

Seeking a Fatwa: Ethics & Rulings

Dealing with Conflicting Fatwas!

If you have any further questions, please don't hesitate to write back!

May Allah guide you to the straight path, and guide you to that which pleases Him, Amen.

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