The ‘Amal of Madina – Used in Fiqh

Aisha Bewley

You probably have heard the term, “the ‘amal of the people of Madina” and wondered what it means and what all the fuss is about. What is ‘amal or action? What does it mean and where does it come from? What does it have to do with us? This topic is one which is fraught with misunderstanding because most people have no idea what it means, and this difficulty in grasping the concept of ‘amal is a result from what has happened to the Muslims, because of the development and imposition of a statist methodology and mentality onto Muslim learning – a process which really began to solidify from the time of the Abbasid khalifate in Baghdad, about 250 hijra, a process which has been largely covered up or ignored, a process which has left the Muslims paralysed and unable to deal realistically or authentically with the situation in which they find themselves today.

To understand why the concept of the ‘amal of Madina has been swept to one side is to understand why the Muslims are now powerless, and to understand exactly what the ‘amal of Madina really is, is to understand the direction that the Muslims must take in order to re-activate Islam as a political force. This, I hope, will become clear in the course of this talk.

We have to ask ourselves: what is the basis of a Muslim’s behaviour? What sources must we turn to in order to know how to conduct our lives? What is the guideline for our behaviour? The answer is simple: the Qur’an and Sunna. We have little trouble with Qur’an.. But then we come to the real crux of the problem I have mentioned: if we are to follow the Sunna, just what is the Sunna and how do we find it? This is the core question which must be answered because, in fact, what the Sunna does is to explain the Qur’an in terms of behaviour. It is the way in which the Prophet, may Allah bless him and grant him peace, behaved, and it shows us how the guidance of the Qur’an is transformed into actual behaviour to which we can aspire.

To unravel the answer to what the Sunna is, we need to understand two additional terms: hadith and ‘amal. Continue reading

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The Fiqh of Travel

ANISUL MUSAFIR

[By Mawlana Abu Usama: Fahim Husain]

RULES RELATING TO A MUSAFIR

WHO IS A MUSAFIR?

1. The person who sets out with the intention of eventually travelling three manzils (approx. 77 km) * is regarded as a musafir in the Shari`ah.

[* This is the Fatwa of Mufti Mahmud Gangohi (r.a.) as mentioned, in detail, in Masa’il-e-Safar of Mawlana Rafat Qasmi p 43 and briefly in Fatawa Mahmudiyyah v 2 p 269 and v 2 p 274. Mufti Rashid Ahmad has also given Fatwa on 77 km in Ahsan al Fatawa v4 p105]

2. The moment he comes out of the boundaries of his town or city he becomes a musafir. Within the boundaries of his town or city, he will not be a musafir.

If the airport is within the boundaries of the city (in the sense that the buildings of the city are linked to it without a considerable break in between) it will fall under the rule of the city and the person will not be considered a musafir when he reaches it. If it is outside the boundaries, then upon reaching it, the person will be regarded as a musafir.

PRINCIPLE: A person will not become a musafir until he firmly intends to travel 77 km from the place he is in.

Thus a person who travels from place to place, intending to travel less than 77 km each time, will not become a musafir– even if he travels the entire world in this way!

THE (QASR) SALAH OF A MUSAFIR

1. When a person qualifies as a musafir according to the Shari`ah he is required to offer two rak`ahs for the Fard of Zuhr, `Asr and `Isha’ Salah. The other Salahs remain as normal.

2. More than two rak`ahs should not be offered for the Fard of Zuhr, `Asr and `Isha’ Salah. If a person mistakenly offered four raka`at for these Salahs, and he had sat down for Tashahhud (al-Tahiyyat) in the second rak`ah, then the first two rak`ahs will be regarded as Fard and the other two rak`ahs as nafl.

3. In the above case he will have to make sajdah al-sahw. If he did not make sajdah al-sahw then he must repeat the Salah if its time still remains.

4. If he did not sit in the second rak`ah then all four raka`at will become nafl and he will have to repeat his Fard Salah.

BECOMING A MUQIM (RESIDENT)

1. A person will remain a musafir and will continue offering two rak`ahs for the four-raka`at Salahs until he makes the definite intention of staying at a place for fifteen days or more.

2. The place where he makes this intention is known as his Watan al-Iqamah. He must offer four raka`at Salah here.

3. If he makes the intention of staying for 15 days whilst in Salah then he must offer this very Salah as a muqim i.e. 4 raka`at.

PRINCIPLE: A musafir will not become a muqim until he firmly intends to stay at a place for a period of fifteen days from the time he makes this intention.

Based on the above principle consider the following two cases:

a) A person stops at a place intending to stay for two or three days. Due to circumstances every day he makes the intention of leaving the following day but he still does not leave. In this way fifteen days, twenty days, a month or even more passes, but he did not, at any point, make the firm intention of staying there for fifteen days. In this case he will remain a musafir irrespective of how many days he stays at that place.

b) A person intends to stay at a place for ten days but after seven days he decides to extend his stay by an additional ten days (which will make his total stay twenty days.) In this case he will remain a musafir. This is because after he had decided to stay ten more days there were thirteen days of his total stay remaining. Hence at no point did he make the intention to stay for fifteen days. In other words, ‘fifteen days’ is considered from the time he changed his intention and not from the beginning of his stay.

4. The intention of staying fifteen days has to be for staying the full fifteen days at one place. If he makes an intention of staying for 15 days at two different places, and the distance between the two places is such that the adhan of one place cannot be heard at the other, then he will be a musafir in both those places.

E.g. If a person intends staying for 10 days in Makkah and 5 days in Mina he will be a musafir both in Makkah and Mina.

Thus a Haji who arrives in Makkah less than fifteen full days before the morning of the 8th of Dhu al-Hijjah will be a musafir.

If he arrives in Makkah fifteen days or more before the 8th then he will be a muqim both in Makkah and Mina.

5. If in the above case (i.e. Law 4) he intends spending all the fifteen nights at one place then he will be a muqim in that place.

6. If both places are so close that each other’s adhan can be heard, then both places will be regarded as one place. He will become a muqim in both places by intending to stay there for 15 days.

7. After becoming a muqim (by firmly intending to stay at a place for fifteen days) if he changes his intention and decides to leave before fifteen days then he will not become a musafir.

8. When he leaves with the intention of eventually travelling to another place that is at a distance of 77 kilometres or more then only will he become a musafir. If that place is less than 77 kilometres away, he will not become a musafir. Continue reading

The Basics of Fasting

In the Name of Allah, Most Merciful and Compassionate

The Basics of Fasting according to the Shafi’i School

(An abridged and edited version of a pamphlet written in Arabic by Shaykh Amjad Rasheed.)

1. The Ruling of Fasting Ramadan

2. Integrals

3. Recommended Measures

4. Excuses that permit one not to fast

5. Making up Missed Fasts

6. Payment

7. Expiation

Allah be praised, Lord of the Worlds. Blessings and peace on our master Muhammad and on his folk and companions, one and all.

The following rulings about the fast should be known, applied, and taught to one’s family and whoever does not know them.

1. The Ruling of Fasting Ramadan

Fasting Ramadan is personally obligatory for every Muslim who has reached puberty, is sane, and is able to fast. It is not obligatory for a non-Muslim, a child, an insane person, or someone unable to fast (such as someone of advanced years or someone who is continuously [muzmin] sick).

2. Integrals of the fast

Fasting has only two integrals: (1) the intention and (2) abstention from the nullifiers of the fast.

2.1 Integral #1: Intention

The intention is to intend to fast. Its location is in the heart, but it is sunna to say it with the tongue. One optimally says, “I intend to fast tomorrow as a current performance of the obligation of this year’s Ramadan for Allah Most High.”

For the obligatory fast, it is obligatory to make the intention during any part of the night (from sunset until just before dawn). A practical way to avoid forgetting the intention is to intend to fast the following day immediately after breaking one’s fast at sunset. Whoever forgets to make the intention, or sleeps before sunset and does not wake up until after dawn must abstain from the nullifiers during that day and then make it up after Ramadan.

For the supererogatory fast, it is permissible to delay the intention until just before the noon prayer [zuhr], provided that that one has not already done something that nullifies the fast.

It is obligatory to repeat the intention to fast for every day of Ramadan. It is good practice to intend during its first night to fast the whole month, so that one’s fast will still be valid in the school of Imam Malik (Allah have mercy on him) if one forgets the intention on a particular day. Continue reading

The Fiqh of Eid

From Heavenly Ornaments of Imam Ashraf al-Tahanawi

(Allah have mercy on him)

EID PRAYER

1. The first of Shawwaal is known as Eid ul-Fitr, and the tenth of Zil Hijjah is known as Eid ul-Ad’haa. Both these days are days of festivity and celebration in Islam. On both these days it is necessary (wajib) to offer two rakaats of prayer as a form of gratitude. The prerequisites and conditions that have been mentioned for the validity and compulsion for Friday, apply for the Eid prayer as well. With the exception that for the Friday prayer the khutbah is a prerequisite and fard, while for the Eid prayers it is not fard but sunnah. Furthermore, the Friday khutbah is delivered before the prayer while for the Eid prayers, the khutbah is delivered after the prayer. However, listening to the khutbah of Eid is necessary (wajib) just as it is necessary (wajib) for the khutbah of Friday, i.e. while the khutbah is being delivered, it is haraam to talk, walk about or offer prayer.

Thirteen things are sunnah on the day of Eid ul-Fitr:

(i) To adorn oneself according to the Shariah.

(ii) To have a bath.

(iii) To use miswaak.

(iv) To wear the best of clothing which one possesses.

(v) To apply perfume.

(vi) To wake up very early in the morning.

(vii) To go early to the Eid prayer place.

(viii) To eat something sweet, such as dates, before going to the Eid prayer place.

(ix) To give the sadaqatul fitr before going to the Eid prayer place.

(x) To offer the Eid prayer in the Eid prayer place. That is, one should not offer Eid prayer in the masjid without any valid reason.

(xi) To return from the Eid prayer place taking a route that is different from the one that he had taken when going towards the Eid prayer place.

(xii) To go to the Eid prayer place on foot.

(xiii) To read the following takbeer softly while walking towards the Eid prayer place:

2. The method of offering Eid ul-Fitr prayer is as follows: the following intention should be made: “I intend offering two rakaats necessary (wajib) of Eid ul-Fitr prayer with six necessary (wajib) takbeers.” After making this intention, he should commence his prayer. He must recite the thanaa’ and then say Allahu Akbar three times. Each time that he says Allahu Akbar, he should raise his hands to his ears just as he does for the takbeer-e-tahreemah. After making the takbeer, he should let his hands rest at his sides. In-between each takbeer, he should pause to such an extent that he can read Sub’haanallah three times. After the third takbeer, he should not rest his hands but tie them. He should then read the ta’awwudh and bismillah, Surah Faatihah and another Surah. Thereafter, he should make his ruku and sajdahs and stand up as he normally does. In the second rakaat, he should first recite Surah Faatihah and another Surah. Thereafter, he should make three takbeers but after the third takbeer he should not tie his hands but leave them at his sides. He should then make one more takbeer and go into ruku.

3. After the prayer, the imam has to stand on the mimbar and deliver two khutbahs. He should sit down in-between the two khutbahs to the extent that he sits between the khutbahs of Friday.

4. Dua should be made after the Eid prayer, or even after the khutbah. Although this dua has not been established from the life of The Messenger of Allah sallallahu alayhi wa sallam, the Sahabah, Taabi’een and even the Tabe Taabi’een, but because it is sunnah to make a dua after every prayer, it will be preferable to make it after the Eid prayer as well. Continue reading

Fiqh of The Sunna (Nafl) Prayers

An exposition of the sunna prayers not directly related to the obligatory prayers

Answered by Sidi Fadi Qutub Zada

In the name of Allah, Most Merciful and Compassionate.

All praise is to Allah, Lord of the worlds.

And all blessings and peace to our Master Muhammad, his family, and companions

The Messenger of Allah (Allah bless him and give him peace) related from Allah Most High that He said,

“… And my servant continues to draw closer to me by voluntary actions until I love him…” [Bukhari]

There are ten main voluntary prayers not directly related to the obligatory prayers.

The Salutation of the Mosque Prayer (Tahiyyat al-Masjid)

On the authority of Abu Qatada (Allah be pleased with him) he said, “The Messenger of Allah (Allah bless him and give him peace) said: ‘If any of you enters the Mosque, let him not sit until he prays two rakats.'” [Bukhari & Muslim]

And on the authority of Abu Dhar (Allah be pleased with him) he said, “I entered the mosque, and there was the Messenger of Allah (Allah bless him and give him peace) sitting alone, so he said: ‘Oh Abu Dhar, Truly the mosque has a greeting, and indeed its greeting is two rakats, so stand up and pray them.'”[Reported by Ibn Hiban in his Sahih]

Ibn Abidin explains in his commentary Radd al-Muhtar on al-Durr al-Mukhtar that, “What’s intended by it (i.e. greeting the mosque) is drawing nearer to Allah not to the mosque, because a man if he enters the house of a king greets the king not his house.” [Radd al-Muhtar ‘ala al-Durr al-Mukhtar, 1:456] Continue reading