How to perform Salat ut-Tasbih (Prayer of Glorification of Allah)

Compiled by Ebrahim Saifuddin

This prayer consists of 4 rak’ah and should be performed everyday. If not, then at least every week on a Friday. If not, then at least once a month otherwise at least once a year or at least once in a lifetime.

The Tasbih which is to be read in this prayer at different positions is as follows:

Subhanallahi wal hamdulillahi walaa ilaaha ilalahu walahu akbar

(Glory is to Allah! And praise is to Allah! There is no deity save Allah and Allah is the Greatest)

The tasbih is recited 75 times in each rak’ah i.e. 300 times in the entire salah. There are two methods and one can opt for either of the two methods.

First Method

In “Heavenly Ornaments” this method is stated:

1. Make the intention, say “Allahu Akbar” and fold hands. Recited Surah Fatihah and another Surah.
2. Recite Tasbih 15 times.
3. Go into ruku and recite “Subhana Rabiyal Azeem” 3 times.
4. Recite tasbih 10 times.
5. Rise from bowing position and say “Rabana lakal hamd”.
6. Recite tasbih 10 times.
7. Do the sujood and in the first sujood recite “Subhana Rabiyal A’ala” 3 times
8. Recite tasbih 10 times.
9. Rise from sujood in the sitting position.
10. Recite tasbih 10 times.
11. Do the second sujood as usual and recite “Subhana Rabiyal A’ala” 3 times
12. Recite tasbih 10 times.
13. Before standing up, go into sitting position
14. Recite tasbih 10 times.
15. Stand up, recite Surah Fatihah and another Surah.
16. Recite Tasbih 15 times
17. Perform the rest of the salah while reciting the tasbih in the stated postures.

Note:
In the second rak’ah and fourth rak’ah the tasbih will be recited before the tashahhud.

Second Method

In “The Way The Noble Messenger Offered His Prayer”, this method is stated

1. Make intention of 4 rak’ah salah.
2. Say “Allahu Akbar”, fold the hands together, Recite Thana.
3. Recite the tasbih 15 times.
4. Recite ta’uwuz, tasmiyah, Surah Fatihah and any other surah with it.
5. Recite tasbih 10 times.
6. Go into ruku and recite “Subhana Rabiyal Azeem” 3 times.
7. Recite tasbih 10 times.
8. Rise from bowing position and say “Rabana lakal hamd”.
9. Recite tasbih 10 times.
10. Do the sujood and in the first sujood recite “Subhana Rabiyal A’ala” 3 times
11. Recite tasbih 10 times.
12. Rise from sujood in the sitting position.
13. Recite tasbih 10 times.
14. Do the second sujood as usual and recite “Subhana Rabiyal A’ala” 3 times
15. Recite tasbih 10 times.
16. Stand up and then recite the tasbih 15 times before Surah Fatihah.
17. For the second rak’ah repeat the tasbih in the postures stated above and same will be for the third and fourth rak’ah.

Important

Do not count the tasbih on the digits of the fingers. Instead press the fingers to keep the count. If you recite it less in one position, then add the amount left in the next posture.

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Taraweeh – 20 Rak’ah or 8 Rak’ah?

By Ebrahim Saifuddin

With the commencement of Ramadan, the time to argue over matters established by the pious predecessors has arrived once again. The topic of argument is whether taraweeh consists of 20 or 8 rak’ah. Scholars have written myriad of books on this topic with overwhelming evidence, yet our ghair muqallideen brothers and sisters try to insist that it is 8 rak’ah.

It is important to first understand what taraweeh is. This is the prayer which comprises of 20 rak’ah and is offered in sets of 2 rak’ah in Ramadan, after ‘isha salah and before witr. This salah is offered in congregation.

Maulana Jameel Ahmed Sakrodhwi, in “Ashraful Hidayah sharh Al-Hidayah” v.2 p.202, explains:

“Taraweeh is Sunnah Mu’akkadah for both men and women and this is the correct opinion. Imam Abu Hanifa is also of the opinion that taraweeh is Sunnah Mu’akkadah.”

Evidence for 20 Rak’ah

Many have recorded a hadith by ‘Abdullah ibn ‘Abbas (ra) where he is reported to have said:

“During Ramadan, the Messenger (saw) performed 20 rak’ah salah as well as the witr salah without the congregation.”

This hadith has been recorded by the following:

• Ibn Abi Shaybah (rh) in his Musannaf

• Imam Bayhaqi (rh) in his Sunan

• Tabraani (rh) in his Kabeer

• Ibn Adi (rh) in his Musnad

• Baghawi (rh) in his Majma Sahabah

Critical Study of the Hadith

The ghair muqallideen try to argue that this particular hadith is da’eef. They criticize one person in the chain of narrator called “Ibrahim bin Uthman”.

Maulana Allama Muhammad ‘Ali, in “Sharh Muwatta Imam Muhammad” v.1 p.303 explains:

“Bayhaqi has declared this da’eef but not mawdu. Also, weakness of Ibrahim bin Uthman is not a unanimous opinion. In Tahzeeb al-Tahzeeb, v.1 p.145, it is stated ‘Abbas Duri narrates Yahya ibn Mu’een said that Yazid ibn Haroon told him there was not a person more ‘Adil (Just) than Ibrahim bin Uthman in the time.”

Further on, Maulana Muhammad ‘Ali compares him to Ibrahim ibn Hayya and quotes “Lisan al-Mizan”, v.1 p.53:

“Uthman ibn Sa’eed Darmi relates from Yahya ibn Mu’een that Ibrahim ibn Hayya was a sheikh of great magnitude who was trustworthy.”

Moreover, he writes:

“From this it is seen that Yahya ibn Mu’een called Ibrahim ibn Uthman a great just person and has called Ibrahim bin Hayya as a sheikh who was trustworthy and reliable. Ibn ‘Adi has stated Ibrahim bin Uthman is more Afdhal (greater/superior) than Ibrahim bin Hayya. This has been noted in Kamil fi Dh’aeefa al-Rijal, v.1 p.241.”

Maulana Muhammad ‘Ali then concludes:

“This hadith cannot be declared da’eef because of Ibrahim bin Uthman. On the other hand, this narration is strong and trustworthy as seen by evidence above.”

Omitting this Hadith does not affect anything

For argument’s sake, even if we accept this hadith to be da’eef, it will not affect the position that taraweeh consists of 20 rak’ah.

Maulana Aziz al-Rahman, in “Aziz al-Fatawa” v.1 p.262, states:

“The hadith being weak will not make a difference because the text of the hadith gets established by the athar of Sahabah (raa) which is present in abundance. Hence, even if we leave out this hadith, the actions and sayings of the Sahabah (raa) can be the evidence of the actions and sayings of the Prophet Muhammad (saw).”

Mufti Abdul Raheem Lajpuri, in “Fatawa Rahimiyyah” v.2 p.253, writes:

“They fail to realize that there is need for a strong chain of narrators only when there exists a difference of opinion on an issue (such as in the case of saying ‘Ameen’ loudly or softly). However the Fuqaha, Muhadditheen and the entire Ummah throughout the centuries have always accepted and practiced the twenty rakaahs of Taraweeh and this unanimity is in itself a strong enough proof.”

More Evidence

In “Fatawa Rahimiyyah”, v.2 p.253 to 258, Mufti Abdul Raheem Lajpuri gives overwhelming evidence making it clear without a doubt that twenty rak’ah taraweeh salah was accepted by everyone. This is reproduced below:

“Here we will cite a few excerpts making it clear that twenty Rakaahs Taraweeh salah has been accepted by the Ummah throughout the ages:

1. Imam Tirmidhi (rh) [passed away 279 AH] states that ‘Umar (ra), ‘Ali (ra), Sufyan Thawri (rh) and Imam Shafi’i (rh) all accept the taraweeh salah as being twenty Rakaahs. He quoted Imam Shafi’i (ra) as saying that he saw the people of Makkah performing twenty Rakaahs. (Tirmidhi, v.1 p.99)

2. The famous compilation of Ahadith Kanzul Ummaal (v.2 p.284) reports that after ‘Umar (ra) instructed Ubay bin Ka’b (ra) to lead the people in twenty rak’ah of taraweeh salah, Ubay (ra) then led the Sahabah (raa) and Tabi’een in twenty rak’ah.

3. Bayhaqi (v.1 p.492; Nasbur Ra’yah, v.1 p.294) reports a narration in which Sa’ib bin Yazid (ra) states that they performed twenty rak’ah taraweeh during the periods of ‘Umar (ra), ‘Uthman (ra) and ‘Ali (ra).

4. The other narration of Yazid bin Rooman (rh) in the Muwatta of Imam Malik (p.40) states that during the Khilafah of ‘Umar (ra), people performed 23 rak’ah of taraweeh together with the Witr salah.

5. Ma’rifatus Sitta quotes an authentic narration from Imam Bayhaqi (v.1 p.477; his Sunan Kubra, v.2 p.496) stating that ‘Ali (ra) summoned the Qurra in Ramadan and appointed someone to lead the people in the twenty rak’ah of taraweeh salah. ‘Ali (ra) then himself led the witr salah.

6. The Muhaddith ibn Qudaamah (rh) writes in his al-Mughni (v.1 p.803) that the Sahabah (raa) were unanimous about performing twenty rak’ah taraweeh.

7. The research of the Muhaddith Ibn Hajar Haythami (rh) also reveals that the Sahabah (raa) were unanimous about performing twenty rak’ah taraweeh. (Tuhfatul Akhyaar, p.197)

8.The famous Hafidh of Hadith Allama Abdul Birr (rh) says that it is a fact that the Sahabah performed twenty rak’ah taraweeh during Khilafah of ‘Umar (ra). (Mirqaat, v.2 p.174)

9. Allama ibn Taymiyyah (rh) writes that Ubay bin Ka’b (ra) led the Sahabah (raa) in twenty rak’ah taraweeh during the Khilafah of ‘Umar (ra). (Fatawa Ibn Taymiyyah, v.1 p.148). He further writes (v.1 p.191) that because Ubay led the Sahabah (raa) in twenty rak’ah taraweeh and three rak’ah witr during Ramadan, most ‘Ulema regard this to be a Sunnah because all of the Muhajireen and Ansaar performed the salah without an objection from any of them.

10. Imam Sharaani (rh) writes, “’Umar (ra) then gave the instruction for 23 rak’ah to be performed, three being the witr salah. This was then practiced in all the cities.” (Kashful Ghumma, v.1 p.167)

11. The famous scholar of Ahl al-Hadith Nawab Siddique Hasan believes that “’Ulema regard as ijma the twenty rak’ah taraweeh salah that was performed during the Khilafah of ‘Umar (ra). (Awnul Bari, v.4 p.307)

12. Allama Bahrul Uloom (rh) writes that twenty rak’ah taraweeh became a matter of consensus. (Rasaa’il al-Arkaan, p.138)

13. Allama Ibn al-Humam (rh) says that consensus was eventually reached that the taraweeh salah comprises of twenty rak’ah and this is what has been passed on from generation to generation. (Fathul Qadeer, v.1 p.407)

14. Allama Ayni (rh) says, “During the Khilafah of ‘Umar (ra), the Sahabah (raa) performed twenty rak’ah taraweeh and this continued during the Khilafah of ‘Uthman (ra) and ‘Ali (ra). (Ayni’s commentary of Bukhari, v.7 p.178)

15. When Imam Abu Yusuf (rh) asked Imam Abu Hanifa (rh) whether ‘Umar (ra) had any proof from Rasulallah (saw) to perform twenty rak’ah taraweeh, Imam Abu Hanifa (rh) replied, “’Umar (ra) was never one who perpetrated acts of bid’ah.” (Faydhul Bari, v.2 p.420; Maraaqil Falaah, p.81; Bahrur Raa’iq, v.2 p.66)

16. The Muwatta of Imam Muhammad (p.11-12) reads, “We go by this (twenty rak’ah taraweeh)…..because the Muslims (the Sahabah) were unanimous about it and saw it to be a good act. It has been reported that Rasulallah (saw) said, “Whatever the Muslim (the Sahabah) regard as good act, is indeed a good act in the sight of Allah as well.”

17. The following appears in the book Al-Mutaqaa min Akhbaaril Mustafa (p.78), “During the Khilafah of ‘Umar (ra), the Sahabah (raa) and others performed 23 rak’ah, which included the witr salah.”

18. Yahya bin Sa’eed Ansari (rh) who was the Qadhi of Madinah says that ‘Umar (ra) instructed someone to lead the people in twenty rak’ah taraweeh salah. The narration is authentic albeit mursal. (Ibn Abi Saybah, p.406; Aathaarus Sunan, v.2 p.55)

19. Abdul Aziz bin Rafi’ (rh) says that’s Ubay bin Ka’b (ra) led the people of Madinah in twenty rak’ah taraweeh and three rak’ah witr. This narration is also authentic albeit mursal. (Ibn Abi Saybah, p.406; Aathaarus Sunan, v.2 p.55)

20. Abul Khaseeb (rh) says, “Suwayd bin Ghafala (ra) used to lead us in Ramadan with five resting periods and twenty rak’ah.” The narration is authentic. (Bayhaqi, v.2 p.496; Aathaarus Sunan, v.2 p.55)

21. Shutayr bin Shakal (rh) who was the student of ‘Abdullah ibn Mas’ud (ra) used to lead the people in twenty rak’ah taraweeh salah and three rak’ah witr. This narration is also authentic. (Bayhaqi, v.2 p.496; Qiyaamil Layl, p.91; Mirqaat, v.2 p.174)

22. The eminent Tabi’ee and Mufti of Makkah Ataa bin Abi Rabaah (rh) says that he found the Sahabah (raa) and others performing 23 rak’ah (taraweeh salah) together with the witr. (Ibn Ani Shaybah, v.1 p.406; Qiyaamul Layl, p.91, Fath al-Bari, v.4 p.219; Aathaarus Sunan, v.2 p.55)

23. Naafi (rh) who was the student of ‘Abdullah bin ‘Umar (ra) says that ibn Mulaykah (rh) used to lead them in twenty rak’ah taraweeh salah during Ramadan. The narration is authentic. (Aathaarus Sunan, v.2 p.56)

24. A’mash (rh) reports that ‘Abdullah ibn Mas’ud (ra) used to perform twenty rak’ah taraweeh salah and three rak’ah witr. (Umdatul Qari, v.11 p.127; Qiyaamul Layl, p.91)

25. Abul Bakhtari (rh) also took five resting periods and performed three rak’ah witr. (Ibn Abi Shaybah, p.406)

26. Abul Hasana (rh) says, “’Ali (ra) instructed someone to lead us in twenty rak’ah taraweeh with five resting periods. (Sunan Kubra of Bayhaqi, v.2 p.496). This narration is authentic. (See Jawaahirun Naqi, v.1 p.208 and Umdatul Qari, v.11 p.127 for details on authenticity)

27. Muhammad bin Ka’b Qurazi (ra) also says that the Sahabah (raa) performed twenty rak’ah taraweeh during the time of ‘Umar (ra). (Qiyaamul Layl, p.91)

28. Sa’eed bin Ubayd (rh) reports that ‘Ali bin Rabee’ah (rh) took five resting periods and performed three rak’ah witr during Ramadan. This narration is authentic. (Aathaarus Sunan, v.2 p.56)

29. Allama Subki Shafi’i (rh) writes, “We believe that the taraweeh salah is twenty rak’ah, as proven by authentic narrations.” (Sharhul Minhaaj)

30. Abdul Qadir Jaylani (rh) says, “It comprises of twenty rak’ah with every two rak’ah ending with sitting and salam…..a person should make the intention of performing the taraweeh salah before every two rak’ah.” (Ghunyatut Talibeen, v.2 p.10-11)

31. Imam Ghazali (rh) writes, “The taraweeh salah comprises of twenty rak’ah and is Sunnah Mu’akkadah. The method of performing it is well known.” (Ihyaa’ul Uloom, v.1 p.208). He also writes, “Twenty rak’ah is the opinion of the consensus of ‘Ulema because of the narration of Yazid bin Rooman (rh) in the Muwatta of Imam Malik, stating that during the Khilafah of ‘Umar (ra), people performed 23 rak’ah of taraweeh together with witr salah. (Ihyaa’ul Uloom, v.2 p.66)

32. Ahmad Roomi (rh) says, “There were a great number of Sahabah (raa) present at the time (when ‘Umar (ra) instructed Ubay (ra) to lead them in twenty rak’ah taraweeh). Amongs them were ‘Uthman (ra), ‘Ali (ra), Abdullah ibn Mas’ud (ra), ‘Abbas (ra) and his son, Talha (ra), Zubayr (ra), Mu’aadh (ra) and many other Muhajireen and Ansar. None of them objected to ‘Umar (ra), but rather supported him and practiced accordingly with steadfastness. In fact, ‘Ali made du’a for ‘Umar saying, “May Allah illuminate his grave just as he illuminated our Masaajid.” Rasulallah (saw) also said, “Hold fast to my practices and the practices of the rightly guided Khalifahs after me.” The taraweeh salah comprises twenty rak’ah”. (Majaalisul Abrar, p.187)

33. Shah Waliullah Muhaddith Dehlawi (rh) also writes that the taraweeh salah during the times of the Sahabah (ra) and tabi’een comprised of twenty rak’ah. (Hujjatullahi Baaligha, v.2 p.67)

34. Shah Abdul Aziz Muhaddith Dehlawi (rh) also mentions that consensus was reached amongst the Sahabah (ra) to perform twenty rak’ah taraweeh and three rak’ah witr. (Majmoo’ah Fatawa Azizi, v.1 p.162)

35. Maulana Qutbud Deen Khan Muhaddith Dehlawi (rh) also mentions that consensus was reached amongst the Sahabah (raa) to perform twenty rak’ah taraweeh. (Mazaahirul Haqq, v.1 p.433)

36. Allama Shabbir Ahmed Uthmani (rh) writes that since none of the Sahabah (raa) ever differed about the twenty rak’ah, all scholars are unanimous about it. (Fathul Mulhim, v.2 p.320)

Allama Nawawi (rh) writes in his commentary of Muslim that the twenty rak’ah taraweeh is a hallmark of Islam just like the Eid salahs (v.1 p.259). Therefore, the Ta’leeqaat of Hidayah (v.1 p.131) states that anyone performing only eight rak’ah of taraweeh will be guilty of forsaking the Sunnah.”

There is an ocean of evidence proving the legitimacy of 20 rak’ah taraweeh salah. As seen from the quotes above, the Sahabah used to offer taraweeh in this manner. Not a single person from among the Sahabah ever stepped forward to say that the number of rak’ah are not 20 but are 8. Throughout the ages everyone agreed to the number being twenty, and now the ghair muqallideen all of a sudden claim that it is 8 rak’ah. They are going against practically all the Sahabah and the generations after them.

Response to Arguments by Ghair Muqallideen

The Hadith of ‘Ayesha (ra) stating 11 Rak’ah

A ghair muqallid Imam, Muhammad bin Salih al-‘Uthaimeen, in “Fatawa Arkanul Islam”, v.2 p.509, states:

“The Taraweeh prayer is a Sunnah which was prescribed by the Messenger of Allah (saw)….As for the number of rak’ah, it is eleven according to what has been reported in the Two Sahihs on the authority of ‘Ayesha (ra). She was asked how the prayer of the Prophet (saw) was in Ramadan, and she said: ‘He did not pray more than eleven rak’ah, neither in Ramadan, nor in any other month.’ (Reported by al-Bukhari in the Book of Tahajjud, in the Chapter: The Night Prayer of the Prophet (saw) (1147); and by Muslim in the Book of the Travelers’ Prayers, in the Chapter: The Night Prayers (125).”

While ‘Uthaimeen claims this hadith refers to Taraweeh, it is apparent from the text of the complete hadith, that ‘Ayesha (ra), is referring to Tahajjud salah. The complete hadith, as recorded in Sahih Bukhari, is reproduced below:

Narrated Abu Salma bin ‘Abdur Rahman:

I asked ‘Ayesha, “How is the prayer of Allah’s Apostle during the month of Ramadan.” She said, “Allah’s Apostle never exceeded eleven Rakat in Ramadan or in other months; he used to offer four Rakat – do not ask me about their beauty and length, then four Rakat, do not ask me about their beauty and length, and then three Rakat.” Aisha further said, “I said, ‘O Allah’s Apostle! Do you sleep before offering the Witr prayer?’ He replied, ‘O ‘Ayesha! My eyes sleep but my heart remains awake!’”

Explaining this hadith, Mufti Taqi Uthmani in “Inamul Bari”, v.4 p.283, writes:

“I say this hadith is not about taraweeh, rather it is about tahajjud. The evidence rests here that taraweeh is offered in the first part of the night and tahajjud is offered in the last part of the night. In this hadith it is seen, ‘Ayesha (ra) asks the Prophet (saw), “Do you sleep before offering the Witr prayer?” This shows that ‘Ayesha (ra) saw the Messenger (saw) offer these in the last part of the night.

The Messenger’s (saw) directives to offer taraweeh was for the first part of the night. The evidence is that all the Sahabah (raa) would offer taraweeh in the first part of the night.

When the Messenger led the congregation for three days, this was also done in the first part of the night. Thus, it is proven that taraweeh was offered in the first part of the night and the discussion in the hadith is regarding the last part of the night. This means, what is being discussed in the hadith is regarding tahajjud and not taraweeh.”

In “Kowkabud Daraaree”, v.9 p.155-156, Shams ud-Deen Kirmani states that the question and the reply, both concern the tahajjud salah. Moreover, even if one says that this hadith seems to contradict the hadith where the prophet (saw) led the congregation of Sahabah with 20 rak’ah, Allama Kirmani states that there is no contradiction as this hadith of 20 rak’ah affirms the actions of the prophet (saw) and thus will be given preference over any narration that seems to negate it. He states that this is the principle which is adopted in the case of an apparent contradiction.

Both Shah Abdul Haqq Muhaddith Dehlawi (Ashi’atul Lam’aat, v.2 p.544) and Shah Abdul Aziz Muhaddith Dehlawi (Fatawa Azizi, v.1 p.125) have stated that the 11 rak’ah performed by the Messenger of Allah (saw) were the tahajjud salah.

Maulana Zafar Ahmad Uthamani, in “Imdad al-Ahkam”, v.1 p.639-640 analyses this hadith and states:

“Ghair muqallideen should take into consideration all the narrations of ‘Ayesha (ra) regarding the Night Prayer which are present in Bukhari, Muslim and the four Sunan. If all the narrations would have been considered then they would never have dared to use this hadith as evidence because although this narration of ‘Ayesha (ra) states that it is 11 rak’ah, others in Bukhari state it was 13, some others in Muslim state that after witr 2 rak’ah were prayed while seated making the total 15 rak’ah. Yet, other narrations state it was 17. Thus, Imam Qurtubi in Sharh Muslim states that many people of knowledge doubt the narrations of ‘Ayesha (ra) and some ‘ulema have said her hadith is ‘muztarab’. For reference see Fath al-Bari, v.3 p.17.
Whoever has studied ‘usool al-hadith would know that it is incorrect to use ‘muztarab’ hadith as evidence or proof unless the confusion and disturbance in the hadith is not removed….It should also be taken into consideration that ‘Ayesha (ra), in other narrations have stated that Prophet Muhammad (saw) would do a lot more ‘ibadah in Ramadan as compared to other days. Then why is it that both in Ramadan and otherwise he would offer only 11 rak’ah?”

Mufti Abdul Raheem Lajpuri, in “Fatawa Rahimiyyah” v.2 p.278-279 writes:

“The essence of it all is that the narration in question cannot be used to prove eight rak’ah taraweeh. On the contrary, the narration of ‘Abdullah ibn ‘Abbas (ra) proves twenty rak’ah and it is this that the Ummah has been practicing. Consider the following statements:

1. Imam Malik (rh) said that when there are two conflicting narrations about what Rasulallah (saw) did and it is known that Abu Bakr (ra) and ‘Umar (ra) practiced on one of them and not the other, what they do will be sufficient to prove that this is the right way. (Ta’leequl Mumajjad, p.44)

2. Imam Abu Dawood Sajistaani (rh) said, “When there are two conflicting narrations about what Rasulallah (saw) did, it must be seen what the Sahabah (raa) did. (Abu Dawood, v.1 p.263)

3. Imam Abu Bakr Jassaas (rh) also said that when there are two conflicting narrations about what Rasulallah (saw) did and it is known that our pious predecessors practiced on one of them, the one they practiced on will be best to practice on. (Ahkaamul Qur’an, v.1 p.17)

4. Imam Bayhaqi (rh) reports that ‘Uthman Daarmi (rh) said, “When ahadith of one subject conflict with each other and the most acceptable cannot be determined, it will be seen what the Khulafaa Raashideen did after Rasulallah (saw). In this manner, we will be able to choose a viewpoint. (Fathul Bari, v.2 p.269)

5. Khateeb Baghdadi (rh) reports that Imam Malik (rh) said, “if we were to practice the hadith stating that the followers should sit and perform salah when the Imam does, then the leaders Abu Bakr (ra), ‘Umar (ra) and ‘Uthman (ra) would have practiced accordingly.” (Tareekh Baghdadi, v.6 p.247)

6. Muhaqqiq ibn Humam (rh) wrote that the fact that ‘Ulema practice on a hadith lends to its authenticity. (Fathul Qadeer, v.3 p.349)

7. Shah Waliullah Muhaddith Dehlawi (rh) writes, “The consensus of the pious predecessors and what they had passed on from generation to generation is a great source of proof in Islamic Jurisprudence. (Izaalatul Khifaa, v.2 p.85)

8. Shah Abdul Aziz Muhaddith Dehlawi (rh) writes, “The understanding of the Sahabah (raa) and the Tabi’een is a criterion for right and wrong. It is wajib to accept what they understood from the teachings of Rasulallah (saw) as they kept the conditions and words of Rasulallah (saw) in mind.” (Fatawa Azizi, v.1 p.157)”

Misconception that Taraweeh and Tahajjud is same

Muhammad bin Salih al-‘Uthaimeen in “Fatawa Arkanul Islam”, v.2 p.509 continues to state in his fatwa:

“If one prayed thirteen rak’ah, then there is no objection, according to the words of ibn ‘Abbas (ra): ‘The prayer of the prophet (saw) was thirteen rak’ah. That is, the night prayer.’” (Reported by Al-Bukhari in the Book of Tahajjud, in the Chapter: The Manner of the Prophet’s Prayer, Hadith (1138); and it was reported by Muslim in the Book of the Travelers’ Prayers, in the Chapter: The Supplication in the Night Prayer, Hadith 194 (764))

Here ‘Uthaimeen uses the hadith regarding the number of tahajjud rak’ah the prophet (saw) would pray to prove that taraweeh consists of eight rak’ah.

Another ghair muqallid Imam, Maulana Mahmood Ahmed Mirpuri, in “Fatawa Sirat-e-Mustaqeem”, p.180 writes:

“It is confirmed by authentic Ahadith that Tahajjud itself is Taraweeh. As in Tirmidhi, narrated by Abu Dhar, it says:

“One Ramadan we fasted with the Prophet (saw) and he did not pray with us at night. In the last 7 days, the Prophet (saw) prayed with us in one third of the night. On the 25th night we prayed with him for half of the night. We said it would be a pleasure if the Prophet (saw) prayed all night with us, but he replied, ‘If someone prays with the Imam and returns home, it is considered that he has prayed the whole night.’ Then on the 27th night, we joined family members in prayer and prayed till we were doubtful of missing Sahoor.”

This Hadith shows that the Prophet (saw) prayed with his companions, almost throughout the night. So, when did he pray Tahajjud prayer separately?”

Two points need to be addressed here. First one is whether taraweeh and tahajjud are the same prayer. The second is whether tahajjud was fardh on the Prophet Muhammad (saw) or not. Once both these points are addressed, the so called evidence used by the ghair muqallid Imams will not be able to prove the number of rak’ah of taraweeh.

Taraweeh and Tahajjud are not the same

Taraweeh and tahajjud are two different prayers. As seen earlier, the taraweeh salah is performed in the first part of the night while the tahajjud is performed in the last part of the night. Further, the tahajjud has to be performed after one has wakes up from sleep. Taraweeh is performed before one sleeps.

Mufti Muhammad Shariful Haq Amjadi, in “Nuzhatul Qari”, v.2 p.687-688, writes:

“Ghair Muqallideen claim that Prophet Muhammad (saw) only prayed tahajjud in Ramadan. For us, both tahajjud and taraweeh are Sunnah in Ramadan. The evidence for this is the saying of ‘Umar (ra): ‘the prayer which they do not perform, but sleep at its time is better than the one they are offering.’”

The hadith in which this saying of ‘Umar is found is in Sahih Bukhari in the Book of Taraweeh.

He further writes:

“To state one salah is better than the other, is evidence that these are two different salahs and not the same. Further evidence is that for tahajjud it is necessary for one to sleep after ‘isha and then wake up to perform it. Tabraani, in Kabir and Ausat, has narrated from Hajaj bin ‘Umro (ra) that he said ‘you think that if you pray all night till morning, you have offered tahajjud. This is incorrect. Tahajjud can only be offered after sleep.’ This is also apparent from the meaning of the word ‘tahajjud’.”

Allah (swt) says in the Quran in Surah al-Isra’ (17):

وَمِنَ اللَّيْلِ فَتَهَجَّدْ بِهِ نَافِلَةً لَّكَ عَسَى أَن يَبْعَثَكَ رَبُّكَ مَقَامًا مَّحْمُودًا

Wamina allayli fatahajjad bihi nafilatan laka AAasa an yabAAathaka rabbuka maqaman mahmoodan

And during the night, wake up for Salah of tahajjud, an additional prayer for you. It is very likely that your Lord will place you at Praised Station. [17:79]

Ibn Kathir, in his tafsir of the above verse, writes:

“(The Night prayer) Allah commanded His Messenger to pray the Night prayer after offering the prescribed prayers, and the term Tahajjud refers to prayer that is offered after sleeping. This was the view of ‘Alqamah, Al-Aswad, Ibrahim An-Nakha’i and others. It is also well-known from the Arabic language itself. A number of Ahadith report that the Messenger of Allah used to pray Tahajjud after he had slept. These include reports from Ibn ‘Abbas, ‘Ayesha and other Companions, may Allah be pleased with them.”

Mufti Muhammad Shariful Haq Amjadi, further writes on p.689:

“No one sleeps before taraweeh. Hence, it is extremely wrong to say that taraweeh is the same as tahajjud.”’

Was Tahajjud Fardh on the Messenger (saw)

To address the argument of Maulana Muhammad Ahmed Mirpuri, it is important to first assess whether tahajjud was fardh on the prophet Muhammad (saw) or not.

The ghair muqallid Imam Maulana Mirpuri writes in his “Fatawa Sirat-e-Mustaqeem”, p.180:

“Tahajjud was obligatory for the Prophet (saw) as mentioned in Surah al-Muzzammil:

قُمِ اللَّيْلَ إِلَّا قَلِيلًا

نِصْفَهُ أَوِ انقُصْ مِنْهُ قَلِيلًا

أَوْ زِدْ عَلَيْهِ وَرَتِّلِ الْقُرْآنَ تَرْتِيلًا

Qumi allayla illa qaleelan Nisfahu awi onqus minhu qaleelan Aw zid AAalayhi warattili alqurana tarteelan

Stand (to prayer) by night, but not all night, Half of it, or a little less, Or a little more; and recite the Qur’an in slow, measured rhythmic tones. [73:2-4]

Tahajjud is also recommended for us all.”

A lengthy hadith reported in Sahih Muslim addresses this issue. It mentions Sa’d bin Hisham bin ‘Amir who asked ‘Ayesha (ra) about the tahajjud salah of the Prophet Muhammad (saw). Below is the reply by ‘Ayesha (ra):

She said: Did you not recite: “O thou wrapped up?” He said: Yes. She said: Allah, the Exalted and the Glorious, made the observance of the night prayer at the beginning of this Surah obligatory.

So the Apostle of Allah (saw) and his Companions around him observed this (night prayer) for one year. Allah held back the concluding portion of this Surah for twelve months in the Heaven till (at the end of this period) Allah revealed the concluding verses of this Surah which lightened (the burden of this prayer), and the night prayer became a supererogatory prayer after being an obligatory one.

This hadith clearly mentions that the tahajjud was not always fardh on the prophet Muhammad (saw) throughout his life. Tahajjud was only fardh on him for a specific period of time. After this the fardh was abrogated and it became Nafl.

Imam Nawawi in Sharh Sahih Muslim, v.3 p.2240 writes:

“This is correct that tahajjud was later made nafl on the prophet (saw) and the Ummah. There is some difference of opinion regarding the abrogation of fardh of tahajjud for the prophet Muhammad (saw). For us, the opinion is correct which is seen in the hadith that it was abrogated and was not fardh anymore.”

Allama Ghulam Rasul Sa’eedi, in Tibyan al Quran, v.12 p.337, quotes Imam Abu al-’Abbas Ahmed bin ‘Umar bin Ibrahim Maliki Qurtubi to have said:

“The clear text of what ‘Ayesha (ra) said is evidence that at first the tahajjud salah was fardh on the prophet Muhammad (saw) and other Muslims but later it was abrogated. In the initial verses of Surah Muzzammil, it is stated, ‘Stand (to prayer) by night, but not all night, Half of it, or a little less, Or a little more.’ Such wordings are not the sign of the obligation of something. This only signifies it being mustahab.”

Further evidence for abrogation is found in Surah Bani Israel (17) where the following verse is seen:

وَمِنَ اللَّيْلِ فَتَهَجَّدْ بِهِ نَافِلَةً لَّكَ عَسَى أَن يَبْعَثَكَ رَبُّكَ مَقَامًا مَّحْمُودًا

Wamina allayli fatahajjad bihi nafilatan laka AAasa an yabAAathaka rabbuka maqaman mahmoodan

And during the night, wake up for Salah of tahajjud, an additional prayer for you. It is very likely that your Lord will place you at Praised Station. [17:79]

Mufti Shafi’ Uthmani, in Ma’ariful Qur’an, v.5 p.535 states:

“However, difference did exist about its obligatory nature. Was it abrogated in the case of the Holy Prophet (saw)? Or, did it remain an obligation on him as a matter of special consideration – and in the verse, the expression ‘nafilatan laka’ means exactly that ‘the prayer of tahajjud is an additional obligation on you.’

But according to Tafsir al-Qurtubi, this is not correct for many reasons. Firstly, there is no justification for taking nafl as fardh. If it is supposed to be figurative speech, then, there will be no reality against it. Secondly, in authentic ahadith only five fixed prayers have been mentioned as obligatory. At the end of another hadith, it has been said that the fifty prayers made obligatory initially in the nocturnal journey of the Mi’raj were later reduced in number and set at five. Thus, the number was, though, reduced but the reward promised against these was that of no less than fifty. Then it was said ‘The world (given to My servants) will not be changed with Me’ [50:29]. It means: When the command was given for fifty, the reward shall be given for no less than fifty, though the number to be actually performed was reduced.”

Further, he explains:

“Had the word ‘nafilah’ been used here in the sense of an additional duty, then, rather than using the word ‘lak’ (for you) after it, the word used should have been ‘alaik’ (on you) since the latter signifies obligation while the word ‘lak’ is used only for approval and permission.”

Imam Raazi in Tafsir Kabeer, v.10 p.682 writes:

“Just like the fast of ‘Ashura was abrogated with the fasts of Ramadan, similarly, with the obligation of five prayers, the obligation of tahajjud was abrogated.”

Ibn Hajar al-Asqalani, in Fath al-Bari, v.3 p.24 writes:

“The obligation of tahajjud was abrogated by the obligation of five prayers.”

Coming to the original argument

The ghair muqallid imam, Maulana Mahmood Ahmed Mirpuri, after quoting a hadith from Tirmidhi asks the question:

“This Hadith shows that the Prophet (saw) prayed with his companions, almost throughout the night. So, when did he pray Tahajjud prayer separately?”

This has been quoted above along with the hadith.

It has been established that tahajjud was not fardh on the prophet Muhammad and hence even if one says that he missed it, it is not as if he was missing out a fardh salah.

Secondly, from the text of the hadith it is apparent that the companions joined their family members in prayers and prayed. It does not mention the inclusion of the prophet Muhammad (saw) in this all night long prayer.

The hadith is reproduced again:

“One Ramadan we fasted with the Prophet (saw) and he did not pray with us at night. In the last 7 days, the Prophet (saw) prayed with us in one third of the night. On the 25^th night we prayed with him for half of the night. We said it would be a pleasure if the Prophet (saw) prayed all night with us, but he replied, ‘If someone prays with the Imam and returns home, it is considered that he has prayed the whole night.’ Then on the 27^th night, we joined family members in prayer and prayed till we were doubtful of missing Sahoor.”

The narrator says the in the last 7 days of Ramadan, the prophet Muhammad (saw) prayed with them in one third of the night only. 27^th night of Ramadan falls under the last 7 days. Hence the part where it says “prayed till we were doubtful of missing suhoor,” is the companions joining their family members in prayer, not the prophet Muhammad (saw).

It would not make sense for the prophet Muhammad (saw) to tell them on the 25th night “if someone prays with the Imam and returns home, it is considered that he has prayed the whole night,” and then on the 27th night he would do the opposite of what he said 2 nights ago.

Moreover, Maulana Mahmood Ahmed has made an assumption that the prophet Muhammad (saw) did not ever miss out tahajjud.

“Ma’ariful Hadith”, v.2 p.253 quotes a hadith from ‘Ayesha recorded in Sahih Muslim:

“It is related on the authority of ‘Ayesha (ra) that when due to illness or some other reason the Prophet (saw) missed the Tahajjud prayer, he offered 12 rak’ah during the day in the place of that.”

Hadith where ‘Umar (ra) ordered for 11 rak’ah Taraweeh

In “Fatawa Arkanul Islam”, v.2 p.511, the ghair muqallid Imam Muhammad bin Salih al-‘Uthaimeen writes:

“What is confirmed from ‘Umar (ra), is that he prayed eleven rak’ah, since he ordered Ubay bin Ka’b and Tamim Ad-Dari (raa) to stand for the people and pray eleven rak’ah. [Reported by Malik in the Book of Prayer, in the Chapter on the Night Prayer in Ramadan (280)].”

This hadith has been recorded by Imam Malik through Sa’ib bin Yazid (ra). This Sa’ib bin Yazid (ra) is the same person who has also reported the following hadith as recorded in Baihaqi, v.2 p.496:

“Sa’ib bin Yazid said that in the time of ‘Umar (ra), people would offer 20 rak’ah in the month of Ramadan. The person leading the prayer would recite Surahs which had about hundred verses. People at the time of ‘Uthman would lean on their sticks as they had to stand up for very long.”

Moreover, Hafidh Abdul Birr writes in al-Tamheed, v.8 p.114-115:

“Imam Malik has written this hadith from Muhammad ibn Yusuf who heard it from Sa’ib ibn Yazid. This hadith talks about taraweeh being 11 rak’ah. Other Muhadditheen have recorded ahadith with the same isnad, which mentions 21 rak’ah (20 for taraweeh and 1 for witr). Harith bin Abdul Rahman bin Abi al-Zabab has narrated from Sa’ib bin Yazid that in the times of ‘Umar (ra) we used to end taraweeh when it was almost dawn. In his Khilafah, taraweeh was 23 rak’ah (including 3 witr).”

This makes it clear that from the same isnad that Imam Malik has reported 11 rak’ah, 21 rak’ah is also reported by other Muhadditheen. Moreover, from the same Sa’ib bin Yazid, 23 rak’ah is also reported.

Imam Malik, after quoting the hadith of 11 rak’ah, quotes the following hadith in his Muwatta, v.1 p.98:

“Yazid bin Rooman said that during the Khilafah of ‘Umar ibn al Khattab, people would offer 23 rak’ah taraweeh in Ramadan (including 3 witr).”

Allama Ghulam Rasul Sa’eedi in Sharh Muslim v.2 p.498 writes:

“Imam Malik from Muhammad bin Yusuf from Sa’ib bin Yazid has narrated 11 rak’ah. However, Hafidh Abdul Razzak and others, from Muhammad bin Yusuf from Sa’ib bin Yazid have narrated 20 rak’ah and Ibn Nasr has also narrated 20 rak’ah from Sa’ib bin Yazid. This makes it clear that the narration recorded by Imam Malik is not correct.”

However, even if we accept that the hadith recorded by Imam Malik of 11 rak’ah is correct, the only explanation which can be given to reconcile all the ahadith from Sa’ib bin Yazid is that at first the Sahabah offered 11 rak’ah but then they offered 20 rak’ah.

Imam Baihaqi in “al-Sunan al Kubra”, v.2 p.496 writes:

“Reconciliation among these narrations can be brought in the way that the Sahabah offered 11 rak’ah but later offered 20 rak’ah taraweeh and 3 rak’ah witr.”

The evidence for this explanation is seen from the practice of ‘Uthman and ‘Ali (raa). Refer to the evidences given above to prove 20 rak’ah taraweeh.

Mullah Ali Qari in “Mirqat Sharh al-Mishkat”, v.3 p.123, after quoting this hadith writes:

“And this order for 11 rak’ah was in the beginning because Abdul Birr says the narration of 11 rak’ah was due to doubt and the sahih narration is that it was 20 rak’ah during the time of ‘Umar (ra).”

Thus, the narration of 11 rak’ah from Sa’ib bin Yazid cannot be taken as evidence because of the discrepancies in the number of rak’ah which comes through the same person. At best, it can be said that due to some doubt created in his mind he mentioned 11, otherwise he has also mentioned the numbers 21 and 23 (including 1 witr and 3 witr respectively).

Hadith of Jabir bin ‘Abdullah mentioning 8 Rak’ah

In Fath al-Bari, v.1 p.597, the hadith of Jabir bin ‘Abdullah (ra) is mentioned where he says the Prophet Muhammad (saw) prayed only 8 rak’ah taraweeh in Ramadan. The ghair muqallideen use this hadith as evidence to prove their stand.

Mufti Kifayatullah, in “Kifayatul Mufti”, v.3 p.399, while commenting on this hadith says:

“The hadith of Jabir (ra), which has been recorded by Tabraani, Marozi, Ibn Khuzaima and Ibn Hibban, has ‘Isa bin Jariya in the chain of narrators. This narrator has been declared Munkar of hadith by Imam Abu Dawood and Imam Nasa’i has declared him to be Matrook and Munkar of hadith.”

Mufti Abdul Raheem Lajpuri, in “Fatawa Rahimiyyah”, v.2 p.280, has given a detailed analysis of the chain of narrators of this hadith. He writes:

“The strange thing about it is that the chain of narrators has no credence whatsoever. One of the narrators of hadith is a person named ibn Humayd Himyari. This is what the critics of narrators have to say about him [Mizaanul I’tidaal, v.3 p.49-50]:

• ‘He is weak’ – Hafidh Dhahabi (rh)

• ‘He narrates many unacceptable (Munkar) narrations’ – Ya’qoob bin Shaybah (rh)

• ‘There are objections raised against him’ – Imam Bukhari (rh)

• ‘He lies’ – Abu Zur’ah (rh)

• ‘I can testify that he is a liar’ – Ishaaq Kowsaj (rh)

• ‘He narrated Ahadith about everything. I have never seen anyone as daring as he is against Allah (swt) because he takes Ahadith from others and completely distorts them’ – Saalih Jazrah (rh)

• ‘I swear by Allah that he is a liar’ – Ibn Kharaash (rh)

• ‘He is unreliable’ – Imam Nasa’i

The chain of narrators also contains a narrator called Ya’qoob bin ‘Abdullah Ash’ari Alqami, about whom the critics have the following to say:

• ‘He is not at all reliable’ – Imam Daar Qutni (rh) [Mizaanul I’tidaal, v.3 p.324]

About a third narrator, the critics have the following to say:

• ‘He is responsible for many unacceptable (Munkar) narrations’ – Ibn Ma’een (rh)

• ‘His narrations are unacceptable (Munkar) – Imam Nasa’i (rh)

• ‘His narrations are ignored (Matrook)’ – Imam Nisa’i (rh)

• ‘His narrations are unacceptable (Munkar)’ – Imam Abu Dawood (rh)

• ‘He is amongst the weak narrators’ [Mizaanul I’tidaal, v.2 p.311]”

Indeed it is quite strange that the ghair muqallideen would use such a hadith as evidence.

Conclusion

The matter is quite clear that the number of rak’ah of taraweeh during the time of the companions (raa) was 20. This has been established through many narrations. While the four Imams (Abu Hanifa, Shafi’, Malik, Hanbal) disagree in the total number of raka’ah of taraweeh, none of them has given a figure below 20. Taraweeh being 8 rak’ah is not supported by any of them. The ‘ijma of the companions (raa) holds to be the last word on this subject for the Prophet Muhammad (saw) said that after him we should hold fast to the practices of the rightly guided khalifahs.

What can I read in Witr if I do not know Qunoot?

By Ebrahim Saifuddin

Qunoot is to be recited in Witr but there are other du’a which a person can recite if he or she does not know Qunoot.

The following is Qunoot:

Transliteration: Allahumma innaa nastaeenuka wa nastagh-firuka wa nu’minu-bika wa natawakkalu alaika wa nusnee alaikal-khair, wa nashkuruka wa laa nakfuruka wa nakhlau wa natruku manj-yafjuruk, Allahumma iyyaaka na’budu wa laka nusallee wa nasjudu wa ilaika nas’aa wa nahfidu wa narjoo wa rahmataka wa nakhshaa azaabaka inna azaabaka bil-kuffaari mulhiq

Translation: O Allah! We ask You for Your help and ask You for Your forgiveness, and believe in You and put our trust in You, and we praise you in the best way and we thank you and we are not ungrateful to You, and we throw away and leave the person who disobeys You. O Allah! You alone do we worship and to You we pray and do the Sajdah (prostration) and to You we turn to quickly, and we surrender, and hope for Your Mercy and we fear Your punishment. Surely, Your punishment overtakes the unbelievers.

If one does not know Qunoot, the following the following alternates are permissible:

• It is stated in “Fataawa Alamgiri (Hindiyaa)”, you can recite the following if you do not know Qunoot:

Transliteration: Rabbanaa aatinaa fiddunyaa hasanatan wa fil-aakhirati hasanatan wa-qinaa azaaban-naar

Transliteration: O our Lord! We seek goodness from You in this world and the Hereafter and safety from the punishment of Hell.

• It is stated in “Durr al-Mukhtar”, the following can also be recited 3 times if one does not know Qunoot:اللھم اغفرلی
  

Transliteration: Allahummaghfirlee

Transliteration: O Allah! Forgive me.

• It is stated in “Heavenly Ornaments”, one can recite the following 3 times if he does not know Qunoot: یا ربِّ
  

Transliteration: Ya Rab-bi

Translation: O my Lord

And Allah (swt) knows best.

Are Videogames Permissible in Islam?

by Ebrahim Saifuddin

With new technologies came video game consoles like Microsoft Xbox, Sony Play Station and Nintendo Wii. When Sony PS3 was launched in Japan on November 11, 2006, 81,639 (Media Create) systems were sold within 24 hours. On August 3, 2009, a report quoting Sony’s earning figures stated Sony had sold 24 million units globally (AfterDawn) since the launch of the product.

Today, one can buy a PS3 80GB edition for about $400. Despite its price, many children as well as adults own either of the most famous video game consoles. Muslims now face a question whether the video games available to play on these consoles are halal or haram. As a Muslim, this question must be asked because we are to assess the permissibility of some thing before we can sell, purchase and utilize it.

Generally video games are without a doubt haram. There are many aspects to this issue which lead to it being forbidden.

Music in Videogames

The first element which cannot be missed by anyone is the presence of music in these games. Any videogame has plentiful usage of musical instruments which are haram in Islam. Some people wish to argue that it is not haram but this objection of theirs is baseless.

Is Music Halal or Haram?

In not less than four places in the Qur’an, music has been declared haram. One such verse is found in Surah Luqman:

وَمِنَ النَّاسِ مَن يَشْتَرِي لَهْوَ الْحَدِيثِ لِيُضِلَّ عَن سَبِيلِ اللَّهِ بِغَيْرِ

عِلْمٍ وَيَتَّخِذَهَا هُزُوًا أُولَئِكَ لَهُمْ عَذَابٌ مُّهِينٌ

Wamina alnnasi man yashtaree lahwa alhadeethi liyudilla AAan sabeeli Allahi bighayri AAilmin wayattakhithaha huzuwan olaika lahum AAathabun muheenun

There is a man among the people who buys discourses of distracting amusements, so that he may mislead (people) from the Way of Allah, and make a mockery of it. For such people there is a disgraceful punishment. [31:06]

The phrase ‘lahwa alhadeeth’ is of importance as this refers to music.

‘Abdullah ibn Mas’ud (ra), while replying to a question regarding “lahwa alhadeeth” said:

“I take an oath by Allah, this means music.”
(al-Sunan al-Kubra lil Baihaqi, v.1 p.223)

Imam Shawkani (rh) quotes this hadith and says:

“Ibn Shayba (rh) has quoted this hadith with sahih sanad. This has also been quoted by Hakim (rh) and Baihaqi (rh). Both of them classified it as sahih.”
(Nayl al Awtar, v.8 p.100)

Ibn ‘Abbas (ra) stated regarding “lahwa alhadeeth”:

“This means singing and things like it.”
(Adab al-Mufrad v.2 p.662)

Hasan Basri (rh) said regarding the same:

“This means music other things like story-telling the whole night, jokes, nonsensical talks etc. In fact, it includes all such things which would make one negligent of Allah’s (swt) worship and remembrance.”
(Tafsir Ruh al-Ma’ani, v.21 p.67)

Another narration from Hasan Basri (rh) is reported where he has said:

“This verse was revealed with regard to music.”
(Tafsir Ibn Kathir, v.3 p.442)

There are many such statements of the companions where they have explained the meaning of “lahwa alhadeeth” to mean music. The above are just a few mentioned to clarify the matter.

Apart from the Qur’an, there are many ahadith that leave no doubt that music is haram in Islam.

Umaamah Baahilee (ra) has narrated that the Messenger (saw) said:

“Verily, I have been sent by Allah (swt) as a guidance and mercy for the Muslims and He (swt) has commanded me to destroy the flute, drum, cross and objects of the days of ignorance (jahiliyah).”
(Abu Dawood)

Ibn ‘Abbas (ra) has narrated that the Messenger (saw) said:

“I have been commanded to destroy the drum and the flute.”
(Jamul Jawaami’)

Abu Hurairah (ra) has narrated that the Messenger (saw) said:

“Close to Qiyaamah, the forms of some people of my Ummah will be transformed and changed into that of monkeys and swines.”
The Sahabah (raa) asked: “O Rasulullah (saw)! Will these people be Muslims?”
The Messenger (saw) said: “Yes, they will testify that there is none worthy of worship but Allah (swt) and that I am Allah’s (swt) messenger and they will also fast.”The Sahabah (raa) asked: “O Rasulullah (saw)! Then why will this happen to them?
”The Messenger (saw) said: “These people will become accustomed to musical instruments and singing girls and they will drink wine. One night they will be involved in drinking wine and in futilities and amusements. In the morning, their features will be transformed.”
(Ibn Hibban)

‘Abdullah ibn Dinar said:

“I went out with ‘Abdullah ibn ‘Umar to the market. He passed by a small slave-girl who was singing and remarked, ‘Shaytan. If he had left anyone, he would have left this girl.’”
(Adab Al-Mufrad)

‘Abdullah Ibn ‘Abbas (ra) narrated that the Messenger (saw) said:

“Allah (swt) has forbidden wine, gambling, drum and saarangee (stringed instrument like violin).” He added, “Everything that intoxicates is haram.”
(Ma’ariful Qur’an, while quoting from Imam Ahmed, Abu Dawood and Ibn Hibban)

As this article does not pertain to the topic of music being halal or haram in Islam, hence, many authentic narrations, juristic rulings etc are omitted. The basic evidence has been given to establish that music which we have today is not permissible in Islam and as a result the music component of video games makes them haram beyond a doubt.

Animate Objects in Videogames

Another component of videogames is the animate objects i.e. humans, animals. Many a times the female characters in video games are highly inappropriately dressed. All such things render the games impermissible. There are many ahadith which render making the picture of an animate object, impermissible.

Narrated Said bin Abu Al-Hasan:

While I was with Ibn ‘Abbas a man came and said, “O father of ‘Abbas! My sustenance is from my manual profession and I make these pictures.” Ibn ‘Abbas said, “I will tell you only what I heard from Allah’s Apostle. I heard him saying, ‘Whoever makes a picture will be punished by Allah till he puts life in it, and he will never be able to put life in it.’” Hearing this, that man heaved a sigh and his face turned pale. Ibn ‘Abbas said to him, “What a pity! If you insist on making pictures I advise you to make pictures of trees and any other unanimated objects.”
(Sahih Bukhari, v.34 b.3 n.428)

Narrated Ali ibn AbuTalib:

The Prophet (saw) said: “The angels do not enter a house which contains a picture, a dog, or a man who is impure by sexual defilement.”
(Abu Dawood, b.32 n.4140)

Similar ahadith are found throughout the hadith collections. They stress on the grave punishments one will face if they make pictures. The making of pictures includes sculptures as well. There are hardly any videogames available that do not have any animate objects in them. This again renders them to be impermissible.

There is an objection raised by some after quoting the following hadith:

Narrated ‘Ayesha, Ummul Mu’minin:

“When the Apostle of Allah (saw) arrived after the expedition to Tabuk or Khaybar (the narrator is doubtful), the draught raised an end of a curtain which was hung in front of her store-room, revealing some dolls which belonged to her. He asked: What is this? She replied: My dolls. Among them he saw a horse with wings made of rags, and asked: What is this I see among them? She replied: A horse. He asked: What is this that it has on it? She replied: Two wings. He asked: A horse with two wings? She replied: Have you not heard that Solomon had horses with wings? She said: Thereupon the Apostle of Allah (saw) laughed so heartily that I could see his molar teeth.”
(Abu Dawood)

Similar ahadith related to dolls are also present in Sahih Bukhari and Sahih Muslim. They state that ‘Ayesha (ra) was allowed to keep dolls. Many scholars have explained the doll issue in this hadith. Firstly the doll was without features and made out of rags. This is nothing like the dolls today. Today dolls have prominent features like eyes, nose, ears etc. Moreover, some scholars have stated these events were before picture-making was declared impermissible.

Maulana Manzoor Ahmed in Fadhl al-Ma’bud fi Sharh Sunan Abu Dawood writes:

“Imam Munzari has said the word ‘banaat’ in the hadith refers to dolls with which girls play. If they had facial features then this event was before the prohibition of picture-making. Otherwise, many times things which do not have such features are also referred by the same name.”

Commenting on a hadith in Sahih Bukhari (Kitab al-Adab), related to dolls, Maulana Salimullah Khan in Kashf al-Bari ‘amma fi Sahih Bukhari, has stated:

“From this hadith, majority of the scholars have said that children can play with dolls but to make facial features like eyes, nose, and mouth, and to give it the proper human shape should be avoided.”

As a result, if any object made by man for example a doll, has distinct features etc, then it is impermissible. In many videogames, the characters have distinct features which render them impermissible, even for children.

Use of such objects is only deemed permissible when needed strictly for an academic reason. For example, in a medical college, students require the use of 3D plastic models to study anatomy. Due to this, scholars have permitted to use of such objects.

Analyzing famous games

Many of the famous videogames, at times have a lot of inappropriate content in them.

Grand Theft Auto

The main theme in all the games in this series is based on car theft. One has to steal cars and carry out missions which require one to break the law. Gang mentality is promoted and crime is marketed as something “cool”.

What was the outcome of such a game? Two boys aged 14 and 16 shot and killed a man after being inspired by this game.

“His (the deceased) parents have sued Sony for $246 million in compensatory and punitive damages. Sony makes the video game “Grand Theft Auto,” which the two boys accused in the death said inspired them to shoot into traffic.”
(http://www.wate.com/Global/story.asp?S=1490662)

In fact, many online websites now present a “dating guide” for a videogame in this series where the lead character can date various women in the game.

Such acts of violence and mingling with people of the opposite sex are highly unislamic and one should neither allow one’s children to play these games nor should one purchase these for oneself.

Metal Gear Solid

The British Board of Film Classification has rated this videogame 15 despite noting extreme violence, implied child rape and references to suicide:

“According to the BBFC, MGS4 includes ‘references to suicide and an implied child rape,’ broadly speaking, the violence on show isn’t overly graphic, however.
‘During battles enemy soldiers die with small puffs of blood. The weaponry includes petrol bombs, however there is no detailed portrayal of injuries. During cut scenes slightly more detailed violence is portrayed, such as enemy creatures spearing friendly soldiers and one protracted fist fight.’”
(http://play.tm/news/17623/metal-gear-solid-4-includes-strong-references/)

Similarly, there are many popular videogames with inappropriate content especially for children and they should not be allowed to play these. As Muslims, our duty is to raise our children with Islamic morals and not corrupt their mind with unnecessary violence or other things of provocative nature. Such content is simply impermissible by Islamic standards.

Psychological Impact of Videogames

In a report titled “The Influence of Media Violence on Youth” by a team of 8 members (Craig A. Anderson, Leonard Berkovitz, Edward Donnerstein, L. Rowell Huesmann, James D. Johnson, Daniel Linz, Neil M. Malamuth and Ellen Wartella), it is stated:

“Violent video games have recently surpassed violent music videos and even violent TV as a matter of concern to parents and policymakers. There are several reasons for this. First, children are spending an increasingly large amount of time playing video games. Second, a large portion of these games contain violence. Third, because the children playing these games are active participants rather than observers, they may be at increased risk of becoming aggressive themselves. The impact of exposure to violent video games has not been studied as extensively as the impact of exposure to TV or movie violence; however, on the whole, the results reported for video games to date are very similar to those obtained in the investigations of TV and movie violence (Anderson & Bushman, 2001; Anderson et al., in press).”
(http://www.psychologicalscience.org/pdf/pspi/pspi43.pdf)

Craig A. Anderson, a PhD in psychology, writes a detailed article on the psychological effects of videogames. Some of his arguments are reproduced hereunder:

“Myth 1: Violent video game research has yielded very mixed results.

Facts: Some studies have yielded nonsignificant video game effects, just as some smoking studies failed to find a significant link to lung cancer. But when one combines all relevant empirical studies using meta-analytic techniques, five separate effects emerge with considerable consistency. Violent video games are significantly associated with: increased aggressive behavior, thoughts, and affect; increased physiological arousal; and decreased prosocial (helping) behavior. Average effect sizes for experimental studies (which help establish causality) and correlational studies (which allow examination of serious violent behavior) appear comparable (Anderson & Bushman, 2001).

Myth 2: The studies that find significant effects are the weakest methodologically.

Facts: Methodologically stronger studies have yielded the largest effects (Anderson, in press). Thus, earlier effect size estimates – based on all video game studies – probably underestimate the actual effect sizes.

Myth 8: Unrealistic video game violence is completely safe for adolescents and older youths.

Facts: Cartoonish and fantasy violence is often perceived (incorrectly) by parents and public policy makers as safe even for children. However, experimental studies with college students have consistently found increased aggression after exposure to clearly unrealistic and fantasy violent video games. Indeed, at least one recent study found significant increases in aggression by college students after playing E-rated (suitable for everyone) violent video games.

Myth 11: If violent video games cause increases in aggression, violent crime rates in the U.S. would be increasing instead of decreasing.

Facts: Three assumptions must all be true for this myth to be valid: (a) exposure to violent media (including video games) is increasing; (b) youth violent crime rates are decreasing; (c) video game violence is the only (or the primary) factor contributing to societal violence. The first assumption is probably true. The second is not true, as reported by the 2001 Report of the Surgeon General on Youth Violence (Figure 2-7, p. 25). The third is clearly untrue. Media violence is only one of many factors that contribute to societal violence and is certainly not the most important one. Media violence researchers have repeatedly noted this.”

(http://www.apa.org/science/psa/sb-anderson.html)

The above are only some of the common objections raised by those who state videogames have no psychological effects. In the source link given above, other objections and their answers can also be read.

Another report titled “The Effects of Violent Video Game Habits on Adolescent Aggressive Attitudes and Behaviors” by Paul J. Lynch, Douglas A. Gentile, Abbie A. Olson and Tara M. van Brederode, points out the following:

“Students were also asked whether they had been involved in a physical fight within the past year. Students who spend more time playing video games, have played for more years, or buy or rent video games more frequently are more likely to have been involved in physical fights……We asked students whether they play video games when they are angry as a way to release their anger. Thirty-nine percent of students overall (45% of boys, 31% of girls) say they play video games with the intention to release their anger. This usage pattern is related systematically with each of the aggression variables. Students who play video games as a way to release anger see the world as a more hostile place, get into arguments with teachers more frequently, tend to be more hostile, and are more likely to have been involved in physical fights. They also perform more poorly in school. ”
(http://www.fragtopia.com/currrent-news-images-etc/Violent%20Video%20Games.pdf)

For a detailed study these reports can be read in full in the links given.

Impact on Physical Health

While people spend time on videogames, they miss out on healthy activities. A person may sit for 2 hours playing tennis or boxing but they hardly burn any calories. If one would play only one hour of tennis, they would burn a whole lot more calories than 2 hours of tennis on video console games. Exercise outside makes both the mind and body healthy. Sitting in a room playing videogames does neither.

There are some who claim Nintendo Wii solves this problem because playing games on Wii requires physical movements and hence it is just like playing the actual sport. The reality of the matter is that Wii sports burns about only 60 calories per hour more than regular console games:

“A new study shows that kids playing the active computer game Wii Sports burn 60 more calories per hour than while playing Xbox 360, a sedentary computer game.
But they would burn far more calories playing the real sports, report experts at the Research Institute for Sport and Exercise Sciences in Liverpool, England.”
(http://www.medicinenet.com/script/main/art.asp?articlekey=85994)

Another problem related to Nintendo Wii, as stated by some, is that its overuse injures soft tissues, muscle and tendons:

“Prolonged use can lead to injuries The Courier Journal in Louisville, Kentucky reports warnings of overuse from a local PT Siri Njos, who has gotten reports about pain and soreness among both adults and children who got Wii Sports for Christmas.
The action of using the Wii is like hitting the air, hundreds or even thousands of times which can inflame the rotator cuff tendon and bursa in the shoulder…….Imagine playing virtual tennis for much longer than you would in real life. “Unlike the real sport, physical strength and endurance are not limiting factors,” Dr. Julio Bonis wrote in his letter.”
(http://www.allhealthcare.com/news/articles/167-nintendo-wii-pts-weigh-in)

The gist of the matter is that it is far better to go out and play a particular sport in real life than spend hours playing it on video game consoles.

Such forms of activities are a waste of time and have no benefit in them. As Muslims, it is prohibited to get into idle activities that simply wastes time. Islam does not prohibit one to indulge in healthy activities and in fact encourages people to do so.

In Imam Suyuti’s al-Jami’ al-Sagir, v.1 p.62, it is reported:

Prophet Muhammad (saw) said:
“Carry on playing and enjoying for I dislike harshness in your religion.”

In Maraasil Abu Dawood, it is recorded:

Prophet Muhammad (saw) said:
“Refresh your hearts from time to time.”

These narrations make it clear that Islam does not expect one to be in ‘ibadah 24 hours a day. However, enjoyment and play should be those that are beneficial to our body and mind. That which has no benefit should not be practiced by us.

In Mustadrak Kitab al-Jihad, v.2 p.95 it is reported:

The prophet Muhammad (saw) said:
“Every game in the world which a person plays is fruitless except for 3 things. These are archery, training one’s horse and playing with one’s wife.”

In a similar narration recorded in al-Jami’ al-Sagir, swimming is also mentioned. Further, a hadith reported in Abu Dawood:

Narrated ‘Ayesha (ra):
“While I was on a journey along with the Apostle of Allah (saw), I had a race with him and I outstripped him on my feet. When I put on some weight, I again had a race with him and he outstripped me. He said: This is for that outstripping.”

The focus of indulging in these sports is to acquire skill and also train the mind and body for time when one has to defend his deen or himself and his family.

Sitting at home playing video game consoles prepares us for neither. This is purely a useless activity and one should abstain from it at all cost. In Sahih Bukhari it has been recorded:

Narrated Ibn ‘Abbas:

The Prophet Muhammad (saw) said:
“There are two blessings which many people lose, health and free time for doing good.”

Distraction from Obedience to Allah (swt)

Another issue related to videogames is that it distracts people from their religious duties. It often happens that people playing videogames would hear the adhan but do not get up to offer the salah because they are so much engrossed in the game.

Allah (swt) says in the Qur’an in Surah al-Munafiqun:

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تُلْهِكُمْ أَمْوَالُكُمْ وَلَا أَوْلَادُكُمْ

عَن ذِكْرِ اللَّهِ وَمَن يَفْعَلْ ذَلِكَ فَأُوْلَئِكَ هُمُ الْخَاسِرُونَ

Ya ayyuha allatheena amanoo la tulhikum amwalukum wala awladukum AAan thikri Allahi waman yafAAal thalika faolaika humu alkhasiroona

O you who believe, your riches and your children must not divert you from the remembrance of Allah. And those who do that are the losers. [63:09]

Although the apparent objects in the verse are riches and children, the verse refers to all forms of entertainment. Mufti Sahfi’ Uthmani, in Ma’ariful Qur’an explains:

“There are two major objects in this world that divert a person from the remembrance of Allah (swt): [1] wealth; and [2] children. Therefore, these two things have been named in particular. Otherwise, it refers to all the means of enjoyments in the world.”

Videogames are addictive and many people have suffered from it. According to the data cited in American Psychiatrist Association council’s report:

“Up to 90 percent of American youngsters play video games and as many as 15 percent of them – more than 5 million kids – may be addicted.”
(http://www.msnbc.msn.com/id/19354827/)

In the same news item, it is further noted:

“Joyce Protopapas of Frisco, Texas, said her 17-year-old son, Michael, was a video addict. Over nearly two years, video and Internet games transformed him from an outgoing, academically gifted teen into a reclusive manipulator who flunked two 10th grade classes and spent several hours day and night playing a popular online video game called World of Warcraft.”
(http://www.msnbc.msn.com/id/19354827/)

In a news report from Australia, the following is stated:

“The father of a 15-year-old Perth computer-game addict has described the family’s extraordinary nightmare – comparing it to heroin addiction.
Wanting only to be known as Lee, the distressed dad told The Sunday Times his son’s life had spiralled out of control in the past 14 months.
The Year 11 Ballajura Community College student has not attended classes for two months.
He spends his time alone in a dark room playing the RuneScape game for up to 16 hours a day.”
(http://www.news.com.au/perthnow/story/0,21598,22073926-2761,00.html)

One of the leading newspapers in United Kingdom published a report on the same issue. They mentioned psychologists to have said “one in 30 videogame players have symptoms similar to those of gambling and drug addicts.” The report further mentioned:

“Gaming formed such a large part in the lives of three per cent of gamers in a study that they missed meals and went without sleep to spend more time playing.
They suffered withdrawal symptoms and had difficulties cutting back on their hobby, and were found to be more introverted, emotionally unstable and have lower self esteem than average.
Psychologists, presenting the research at the British Psychological Society conference in Dublin yesterday, said gaming addicts had personality traits similar to people with Asperger’s syndrome.”
(http://www.telegraph.co.uk/earth/earthnews/3338422/Video-game-addiction-like-being-on-drugs.html)

Realizing such harmful effects of videogames, China imposed online gaming curbs. The player was expelled from any game which he was playing, after 3 hours. However, later in 2006, due to unknown reasons China relaxed this ban and the restriction was applicable only to those under 18:

“A watershed online gaming announcement from China’s General Administration of Press and Publications, or GAPP, last Friday means that its proposed “fatigue system,” which is designed to restrict online game playing in an effort to combat addiction among youth, will only apply to gamers under the age of 18.”
(http://www.marketwatch.com/story/online-gaming-restrictions-eased)

Could it be that the gaming industry was losing a lot of money due to the initial ban and hence pressured the government to relax it? This question will probably remain unanswered but we should consider all possibilities.

Keep in mind that professionals have compared video gaming to drugs and gambling. Both these are strictly forbidden in Islam. How then can we say something similar to both drugs and gambling can be freely used?

Wasting Money

As noted earlier, a PS3 80GB edition costs about $400, while games like Metal Gear Solid 4 and Grand Theft Auto 4 costs almost $39 and $30 respectively on a known online shop. To spend so much on something which, in principle is useless, is wasting money. It is far better to simply take a membership of a gym or jog around the park which would virtually cost nothing.

In a hadith in Sahih Bukhari, the prophet Muhammad (saw) has said that one of the things for which Allah (swt) has hated us is “wasting of wealth.”

Do we really wish to earn the hatred of Allah (swt) or should we yearn to earn His love?

Many Muslims in third-world nations earn a fraction of the cost of PS3 in a month. There are yet many who do not even earn that much in a year. Our brothers and sisters all over the world are simply dying of hunger. How can we then sit and spend all this money on something which is futile.

With the same money we can purchase books that would enable us to be better Muslims. There are so many of us who have been offering salah for a long time but all that has been invalid because they were not executing the fardh aspects of salah properly. The reason for this is that we do not wish to learn fiqh of even the basic pillars of Islam. However, when it comes to videogames, we are always informed about the new ones that are about to be released and have read reviews of multitude of others.

Conclusion

Keeping everything in mind, videogames should be avoided and the money spent on them should, instead, be channeled in a useful way which would be beneficial to us and others. A Muslim household should have members who have a healthy mind, body and soul.

Video game consoles, if used for educational purposes would then be permissible. Some videogames can simulate learning in children and thus can be used for these purposes strictly. However, there are other ways to simulate learning in children but if it is so necessary to use videogames then they can be used for such purposes.

Apart from this, videogames should be avoided and not deemed permissible for the many reasons stated above.

And Allah (swt) knows best.

Evidence for Difference in Salah between Men and Women

by Ebrahim Saifuddin

Some people live in a delusion that rulings of difference in some positions of Salah between men and women are based on no evidence. They think that hundreds of years of scholarship was based on something that does not exist. How more misguided can they be. They wish not to study books of fiqh but yet wish to make such derisory statements. However, we will just move on to the basics to satisfy their ludicrous needs.

Evidence

Below are some of the ahadith that prove the difference in the way women are to offer Salah. They are taken from two books, “The way the Noble Messenger Offered His Prayer” by Mufti Jamil Ahmed Naziri and “The Salah of Women” published by Madrasah Arabiyyah Islamiyyah (Azaadville).

First Evidence:

Yazid Ibn Habib (rh) has reported:

The Messenger of Allah (saw) passed by two women who were engaged in Salah. He said: “When you prostrate yourself, let part of your body rest on the ground because the rules in this case for women and men is not alike. (Maraasil Abu Dawood, p.118)

Second Evidence:

‘Abdullah ibn Umar (ra) has quoted the Holy Messenger (saw) as saying:

“When a woman prostrates herself she must attach her belly to the thighs in a way that she is most concealed.” (Kanz ul Ummal, v.4 p.117 with reference to Baihaqi and Ibn ‘Adi)

Third Evidence:

‘Ali (ra) said that when a woman prays she should sit on her buttock and keep her thighs together. (Al-Mughni, v.1 p.562)

Fourth Evidence:

‘Abdullah Ibn ‘Umar used to command women that they should sit on all their limbs with feet stretched to the right. (Al-Mughni, v.1 p.562)

Fifth Evidence:

Umm-e-Darda (ra) would raise her hands at Takbir Tahrimah as: palms raised opposite to the shoulders when she began Salah. (Musannaf Ibn Abu Shaybah, v.1 p.239)

Sixth Evidence:

According to Ibrahim Nakh’i (rh), when a woman prostrates herself, she may attach her belly to her thighs and not raise her buttocks and she may not keep her organs apart as men do. (Musannaf Ibn Abu Shaybah, v.1 p.239)

Seventh Evidence:

‘Ali (ra) stated: “When a woman performs Salah, she must practice ‘ihtifaz’ and keep her thighs close together. [Similar hadith has also been attributed to 'Abdullah Ibn 'Abbas]. (Musannaf Ibn Abu Shaybah, v.1 pp.270-271)

Eight Evidence:

Hafidh Nuruddin Haythami said:

Wa’il ibn Hujr stated that the Messenger (saw) said to him: “O Ibn Hujr, when you perform Salah, Raise your hands to your ears while a woman should raise her hands till her chest.” (Majma’ uz-Zawaa’id, v.2 p.103; I’laa us-Sunan, v.2 p.156)

Same is recorded by Imam Abdur Razzak in al-Musannaf li Abdir Razzak, v.3 p.138.

Ninth Evidence:

Andul Hayy Luckhnawi states:

“As for women, the jurists are unanimous that it is Sunnah for them to place their hands on their bosoms.” (As-Si’aayah fi al-Kashfi ‘amaa fi Sharh al-Wiqaayah, v.2 p.152)

Tenth Evidence:

In the Musnad of Imam Abu Hanifah (rh), it is stated:

“Abdullah ibn ‘Umar was asked how women performed Salah during the era of the Messenger (saw). He replied that initially they performed tarabbu’ but then they were ordered to pull themselves close together and lean onto one side by resting on their left buttocks and completely contracting themselves.” (Jaami’ ul-Masaaneed, v.1 p.400)

The above were just the basic few evidences to prove the difference in Salah between a man and a woman. There are far more evidences and statements of jurists proving these differences. However, a few were given to quench the thirst of some who think they are qualified enough to judge evidence.

How to Perform Salah (For Women)

Compiled by Ebrahim Saifuddin

The following is the complete method of performing a 2 Raka’at Salah. Read the “Note” at the end to know how to pray a 3 or 4 Raka’a Salah.

1. Stand upright facing the Qibla
2. Make the intention “I intend to perform the Fajr prayer (say the name of the Salah), with 2 Rakaat Fardh (say the number of Rakaats of any prayer – Sunnah or Fardh), for the sake of Allah, I am facing the Holy Kaaba.” Intention need not be said out loud. Saying it in the heart is sufficient.
3. Raise hands to the shoulders with palms facing the Qibla say “Allahu Akbar”. The hands should be within the cloth sheet. They should not be brought out.
   
   
4. Do the Qiyam by lowering the hands down and folding them on the chest. This is done by placing the right palm on the back of the left palm.
   
   
5. Read the sanaa:
   “Subhanak-Allah humma wabi hamdika watabaraka kasmuka wata aala jadduka wa jalla thanauka walaa ilaha ghairuk”
   (All Glory be to You O Allah! Praise is to You; Blessed is Your Name and Exalted is Your Majesty; there is none worthy of worship except You)
6. Read the Ta’awuz:
   “Aoozu billahi minash Shaitaanir-rajeem”
   (I seek protection with Allah from the cursed Shaitan)
7. Read the Tasmiyyah:
   “Bismillahir rahmanir-raheem”
   (In the Name of Allah, Most Kind, Most Merciful)
8. Recite Surah Fatiha:
   “Al-hamdu lillahi rabbil-aalameen, ar-rahma nir-raheem, maaliki yawmiddeen, iyyaaka na’budu wa iyyaaka nastaeen, ihdinas-siraatal mustaqeem, siraatallazeena anamta alaihim, ghairil maghdoobi alahim wa ladhaaleen. Ameen.”
   [All praise is due to Allah, the Lord of the Universe, the Most Kind, Most Merciful, Master of the Day of Judgement. You alone we worship and from You alone we ask for help. Guide us on the straight path, the path of those who You have favoured, not the path of those who earned Your anger, nor the path of those who went astray. Ameen (So let it be O Allah)].
9. Recite any Surah or verses from the Qur’an. For example:
   “Qul huwallahu ahad, Allahus-samad, lam yalid, wa lam yoolad, wa lam yakullahu kufuwan ahad”
   (Say, He is Allah, The One. Allah is above and all things depend on Allah. He does not beget, nor is He begotten. And there is none like Him).
10. Say “Allahu Akbar” and go into Ruku (bowing). In ruku fingers of both hands should be together and placed on the knees. The arms should be well joined to the sides and the ankles of both the feet should be together. A woman should only bow to the extend that their hands reach the knees.
    
11. In Ruku recite the following 3 times:
    Subhaana Rabbiyal ‘Azeem
    (Glory be to my Lord, The Greatest)
12. Afterwards, stand up in Qawmah position while reciting the Tasbeeh:
    Sami Allahu liman hamidah
    (Allah listens to him who has praised Him)
    
    
13. After Tasbeeh recite Tahmeed:
    Rabbana Lakal Hamd
    (O our Sustainer! All prayer is due to You alone)
14. Then say “Allahu Akbar” and go into Sajdah. First the knees should touch the ground, thereafter the hands should be placed in line with the ears and the fingers should be close together. Then place head in between both the hands. Both the forehead and the nose should touch the ground. The fingers and toes should face the qibla but the feet should not be upright (Women are not required to place both feet standing on toes). They should be taken out towards the right side. The woman should draw herself closely together and press herself firmly while in Sajdah. The stomach should be joined to both the thighs, the arms should be joined to the sides and both arms should be placed on the ground.
    
15. In Sajdah recite 3 times:
    Subhaana Rabbiyal a’ala
    (Glory to my Lord Most High)
16. Afterwards sit upright while saying “Allahu Akbar”.
    
    
17. Do the Sajdah again while saying “Allahu Akbar” and in Sajdah recite “Subhaana Rabbiyal a’ala” 3 times.
18. Stand up erect while reciting “Allahu Akbar”. This position will be Qiyam (same as step #4).
19. Repeat steps #7 to #17. Note: In step #9 recite some other Surah or verses. Then after #17 go to step #20.
20. After the second Sajdah, go into Jalsah while saying “Allahu Akbar”. The woman should sit on her left buttock and take out both her feet towards the right side. Both her hands should be on the thighs and fingers joined together.
21. While seated recite Tashahhud:
    Attahiyyaatu lillahi wass-salawaatu wath-thayyibaatu, assalamu alaika ayyuhannabiyyu wa rahamtullahi wa barakaatuhu, as-salaamu alainaa wa alaa ibaadilla hiss-saaliheen, ash-hadu al la ilaha illallahu wa ash-hadu anna Muhammadan abduhu wa rasooluh.
    (All respect, worship and all glory is due to Allah alone. Peace be upon you, O Prophet, and the Mercy and Blessings of Allah be upon you. Peace be on us and on those who are the righteous servants of Allah. I testify that there is no one worthy of worship except Allah, and I testify that Muhammad is His Servant and Messenger).
    In this when reciting the word “la ilaha”, join the little finger and the ring finger and form a ring with the thumb and middle finger and raise the index finger towards the sky. Lower the index finger when you reach “illallahu”.
22. Then recite Blessings on the Prophet Muhammad (saw):
    Allahumma salli alaa Muhammadin wa alaa aali Muhammadin kamaa sallaita alaa Ibraheema wa alaa aali Ibraheema innaka hameedun majeed
    “Allahumma baarik alaa Muhammadin wa alaa aali Muhammadin, kamaa baarakta alaa Ibraheema wa alaa aali Ibraheema innaka hameedun majeed”
    (O Allah! Shower Your Blessings on Muhammad and the family of Muhammad just as You showered Your Blessings on Ibraheem and the family of Ibraheem. Certainly, You alone are worthy of praise and are Glorious.
    O Allah! Bless Muhammad and the family of Muhammad just as You Blessed Ibraheem and the family of Ibraheem. Certainly, You alone are worthy of praise and are Glorious).
23. After this recite the following du’a:
    Rabbij-alnee muqeemas-salaati wa min zurriyyatee, rabbanaa wata qabbal duaa, rabbanagh-fir-lee wali waali dayya wa lil mu’mineena yawma yaqoomul hisaab
    (O my Lord! Make my children and myself regular in Salah. O our Lord! Accept my prayer. O our Lord! Forgive me. Forgive my parents and all other Muslims on the Day of Judgement).
24. As the last step do Tasleem. Turn your head to the right and say “As salamu ‘alaykum wa rahmatullah” (May the Peace and Mercy of Allah be upon you). Then turn your head to the left and say “As salamu ‘alaykum wa rahmatullah” (May the Peace and Mercy of Allah be upon you). Salam is to be said with the intention of making salam to the angels.

NOTE:-

For 3 raka’at Salah

• After step #21 recite “Allahu Akbar” while standing up back into Qiyam position (step #4). Then do steps #7 to #24.

• Omit step #9 and #18 & #19

For 4 raka’at Salah

• After step #21 recite “Allahu Akbar” while standing up back into Qiyam position (step #4). Then do steps #7 to #18. Omit step #9.

• After step #18 follow instructions from step #19. Omit step #9.

How to Perform Salah (For Men)

Compiled by Ebrahim Saifuddin

The following is the complete method of performing a 2 Raka’at Salah. Read the “Note” at the end to know how to pray a 3 or 4 Raka’a Salah.

1. Stand upright facing the Qibla
2. Make the intention “I intend to perform the Fajr prayer (say the name of the Salah), with 2 Rakaat Fardh (say the number of Rakaats of any prayer – Sunnah or Fardh), for the sake of Allah, I am facing the Holy Kaaba.” Intention need not be said out loud. Saying it in the heart is sufficient.
3. Raise hands to the ears with palms facing the Qibla say “Allahu Akbar”
   
   
4. Do the Qiyam by lowering the hands down and folding them below the navel. [The right hand is placed on the left hand’s wrist clasped, with three fingers on the top (index finger and middle finger, and third finger), and the right hand’s thumb and small finger below the left hand’s wrist]
   
5. Read the sanaa:
   “Subhanak-Allah humma wabi hamdika watabaraka kasmuka wata aala jadduka wa jalla thanauka walaa ilaha ghairuk”
   (All Glory be to You O Allah! Praise is to You; Blessed is Your Name and Exalted is Your Majesty; there is none worthy of worship except You)
6. Read the Ta’awuz:
   “Aoozu billahi minash Shaitaanir-rajeem”
   (I seek protection with Allah from the cursed Shaitan)
7. Read the Tasmiyyah:
   “Bismillahir rahmanir-raheem”
   (In the Name of Allah, Most Kind, Most Merciful)
8. Recite Surah Fatiha:
   “Al-hamdu lillahi rabbil-aalameen, ar-rahma nir-raheem, maaliki yawmiddeen, iyyaaka na’budu wa iyyaaka nastaeen, ihdinas-siraatal mustaqeem, siraatallazeena anamta alaihim, ghairil maghdoobi alahim wa ladhaaleen. Ameen.”
   [All praise is due to Allah, the Lord of the Universe, the Most Kind, Most Merciful, Master of the Day of Judgement. You alone we worship and from You alone we ask for help. Guide us on the straight path, the path of those who You have favoured, not the path of those who earned Your anger, nor the path of those who went astray. Ameen (So let it be O Allah)].
9. Recite any Surah or verses from the Qur’an. For example:
   “Qul huwallahu ahad, Allahus-samad, lam yalid, wa lam yoolad, wa lam yakullahu kufuwan ahad”
   (Say, He is Allah, The One. Allah is above and all things depend on Allah. He does not beget, nor is He begotten. And there is none like Him).
10. Say “Allahu Akbar” and go into Ruku (bowing)
    
11. In Ruku recite the following 3 times:
    Subhaana Rabbiyal ‘Azeem
    (Glory be to my Lord, The Greatest)
12. Afterwards, stand up in Qawmah position while reciting the Tasbeeh:
    Sami Allahu liman hamidah
    (Allah listens to him who has praised Him)
    
13. After Tasbeeh recite Tahmeed:
    Rabbana Lakal Hamd
    (O our Sustainer! All prayer is due to You alone)
14. Then say “Allahu Akbar” and go into Sajdah. [Keep body open with stomach apart from the thighs and arms apart from the sides and elbows should not be on the ground.]
    
15. In Sajdah recite 3 times:
    Subhaana Rabbiyal a’ala
    (Glory to my Lord Most High)
16. Afterwards go into sitting position (Jalsa) while saying “Allahu Akbar”. [Sit by keeping the right foot upright (with all the toes touching the floor) and sit by keeping the buttocks on the left foot.]
    
    
17. Do the Sajdah again while saying “Allahu Akbar” and in Sajdah recite “Subhaana Rabbiyal a’ala” 3 times.
18. Stand up erect while reciting “Allahu Akbar”. This position will be Qiyam (same as step #4).
19. Repeat steps #7 to #17. Note: In step #9 recite some other Surah or verses. Then after #17 go to step #20.
20. After the second Sajdah, go into Jalsah (same as step #16) while saying “Allahu Akbar”.
21. While seated recite Tashahhud:
    Attahiyyaatu lillahi wass-salawaatu wath-thayyibaatu, assalamu alaika ayyuhannabiyyu wa rahamtullahi wa barakaatuhu, as-salaamu alainaa wa alaa ibaadilla hiss-saaliheen, ash-hadu al la ilaha illallahu wa ash-hadu anna Muhammadan abduhu wa rasooluh.
    (All respect, worship and all glory is due to Allah alone. Peace be upon you, O Prophet, and the Mercy and Blessings of Allah be upon you. Peace be on us and on those who are the righteous servants of Allah. I testify that there is no one worthy of worship except Allah, and I testify that Muhammad is His Servant and Messenger).
    In this when reciting the word “la ilaha”, join the little finger and the ring finger and form a ring with the thumb and middle finger and raise the index finger towards the sky. Lower the index finger when you reach “illallahu”.
22. Then recite Blessings on the Prophet Muhammad (saw):
    Allahumma salli alaa Muhammadin wa alaa aali Muhammadin kamaa sallaita alaa Ibraheema wa alaa aali Ibraheema innaka hameedun majeed
    “Allahumma baarik alaa Muhammadin wa alaa aali Muhammadin, kamaa baarakta alaa Ibraheema wa alaa aali Ibraheema innaka hameedun majeed”
    (O Allah! Shower Your Blessings on Muhammad and the family of Muhammad just as You showered Your Blessings on Ibraheem and the family of Ibraheem. Certainly, You alone are worthy of praise and are Glorious.
    O Allah! Bless Muhammad and the family of Muhammad just as You Blessed Ibraheem and the family of Ibraheem. Certainly, You alone are worthy of praise and are Glorious).
23. After this recite the following du’a:
    Rabbij-alnee muqeemas-salaati wa min zurriyyatee, rabbanaa wata qabbal duaa, rabbanagh-fir-lee wali waali dayya wa lil mu’mineena yawma yaqoomul hisaab
    (O my Lord! Make my children and myself regular in Salah. O our Lord! Accept my prayer. O our Lord! Forgive me. Forgive my parents and all other Muslims on the Day of Judgement).
24. As the last step do Tasleem. Turn your head to the right and say “As salamu ‘alaykum wa rahmatullah” (May the Peace and Mercy of Allah be upon you). Then turn your head to the left and say “As salamu ‘alaykum wa rahmatullah” (May the Peace and Mercy of Allah be upon you).
    

NOTE:-

For 3 raka’at Salah

• After step #21 recite “Allahu Akbar” while standing up back into Qiyam position (step #4). Then do steps #7 to #24.

• Omit step #9 and #18 & #19

For 4 raka’at Salah

• After step #21 recite “Allahu Akbar” while standing up back into Qiyam position (step #4). Then do steps #7 to #18. Omit step #9.

• After step #18 follow instructions from step #19. Omit step #9.

Download PDF Format

The Truth of Taqleed

By Ebrahim Saifuddin

CONTENTS:

1.     Introduction

2.     Types of Taqleed

3.     A Common Misconception

4.     In what matters is Taqleed made?

5.     Clarifying a false assumption: “Taqleed is not in the Qur’an”

6.     Taqleed in the Hadith

7.     Absolute Taqleed & Taqleed Shakhsi during times of Sahabah (ra) & Tabi’een (rh)

8.     Why do Taqleed Shakhsi?

9.     What Scholars have stated regarding Taqleed Shakhsi

10.    Why Taqleed of one of Four Schools only?

11.    The Imams did not have access to all Ahadith

12.    “We follow the 100% correct rulings” / “How can all 4 be correct when truth is one?”

13.    Those who say ‘No Taqleed’, in reality make Taqleed

14.    Why cant Layman Judge Evidence?

15.    What Madhhab Should I adhere to?

16.    Conclusion

1. Introduction

There is much confusion today about taqleed. This is because of the poor understanding of the meaning and concept of taqleed. First and foremost let us become aware of the basic terms and their meanings.

• Taqleed: According to the Shari’ah Taqleed means adhering to the rulings of a trustworthy, reliable and authentic scholar in matters of the religion.

• Muqallid (pl. Muqallideen): Today it refers to any person who adheres to either of the following four schools of thought or jurisprudence:

i) Hanafi (of Imam Abu Hanifa 80AH to 150AH)

ii) Maliki (of Imam Malik 93AH to 179AH)

iii) Shafi’i (of Imam Shafi’i 150AH to 240AH)

iv) Hanbali (of Imam Ahmed 164AH to 241AH)

· Ghair Muqallid: This is the opposite of Muqallid – a person who does not adhere to either of the above four Madhhaib (schools of jurisprudence).

2. Types of Taqleed

There are only two kinds of Taqleed.

a) When no particular imam is specified and different imams are followed in different issues, it is known as Taqleed Ghair Shakhsi, also known as Absolute Taqleed or General Taqleed.

b) When taqleed is made to a mujtahid and all issues are referred to him. This is Taqleed Shakhsi.

3. A Common Misconception

Often people claim that if you adhere to a particular school, you are not on the path of the Qur’an and Sunnah.

This is a very inaccurate statement because all schools derive their rulings from the Qur’an and Sunnah. The differences among the schools arise due to many factors. Two of these are that sometimes the companions (ra) disagreed on a particular issue and other times the basic underlying principles adopted by the respective Imams gave rise to a difference due to preference. For example, Imam Malik gave preference to the practice of the people of Madina as he said it was the living Sunnah.

This was his adopted principle and a person cannot say that it was incorrect because to say it is incorrect is again, an opinion due to preference.

Let us take some examples from the Holy Qur’an.

In Surah Hujurat (49) verse 12, it is stated:

وَلَا يَغْتَب بَّعْضُكُم بَعْضًا

wala yaghtab baAAdukum baAAdan

And do not backbite one another. (49:12)

Take a look at this injunction in the Qur’an. It is crystal clear and has no room for alternate interpretations. In Islam, it is forbidden to backbite. Anyone who can read this can understand the meaning of this because of its unambiguous nature and because there is no evidence contrary to this in Shari’ah.

Now let us take another verse of the Qur’an. In Surah Baqarah (2) verse 228, it is said:

وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاَثَةَ قُرُوَءٍ

Waalmutallaqatu yatarabbasna bianfusihinna thalathata qurooin

And the divorced women shall keep themselves waiting for three periods. (2:228)

Here the word used to define the waiting period of the divorced women is “quroo’”. This word is used in Arabic to denote both the purity period between two menstruations and also menstruation itself.

If the first meaning is taken then the woman needs to wait for three period of purity and if the second is taken then the woman has to wait for three menstrual periods. Question arises, what time period does a divorced woman need to wait?

Similar issues are present in the ahadith as well and this brings about difficulties in deducing a law from the Qur’an and Hadith. In such a situation one has two choices:

a) To rely on our judgment and then interpret the verses or ahadith

Or

b) To rely on what the pious predecessors did and thus conduct according to the conclusions of the scholars of Qur’an and Hadith of the first generation.

Any person will suggest that the second option is the right way to go about Islamic jurisprudence. It does not take a rocket scientist to acknowledge that the pious predecessors were closer to the time of the revelation of the Qur’an. This gave them a special insight which made it easier for them to understand the Qur’an and Sunnah.

For example, if I live in Pakistan, I can understand the issues here far better than a person living in the USA. Just as geographically you shift further from a region, your understanding about it decreases, the same principle holds to be true when talking about a time line. The culture and norms of society in the times of ones forefathers cannot be understood in the same manner by a person 500 years down the road. And right now we are talking about a time 1430+ years ago.

How then can today a person have a better understanding of the background, environment, style of conversation and social living than compared to those who were living around that same time?

There are many such factors which gave rise to difference of opinions among the four schools but to delve into them at this point is irrelevant. In short, if one adheres to any of the four Madhhaib, he will be from among the Ahl-e-Sunnah wal Jamaa’h. He will be following the Qur’an and Sunnah.

4. In what matters is Taqleed made?

As stated in the previous section, there are two kinds of injunctions in the Qur’an and Sunnah. One is that which is clear cut without any ambiguity and the other is where it is not clear and there is room for interpretation.

That which is clear and understood by any layman, no taqleed is made. Taqleed is only made when there is room for interpretation or there are contrary evidences or when a text is quite brief such that it becomes hard to derive a ruling.

In “Kulasatat Tahqeeq fi Hukm ut-Taqleed wat-Talfeeq”, Abdul Ghani Nablusi (rh) states:

“Thus, the affairs on which there is an agreement and are known as essentials of religion, do not call for taqleed of any one of the four imams, like the obligation of salah, fasting, zakah, hajj and others of similar nature, and the prohibition of illegal sex, wine, slaying, theft and usurpation etc. However, affairs that are debatable call for taqleed.”

In “Al-Taqih Wal-Mutafaqah”, Khateeb Baghdadi writes:

“There are two kinds of legal commands:

i) Those that are known to be essential part of religion, like five times salah, zakah, fasting during Ramadhan, Hajj, unlawful nature of adultery, consumption of wine and other such things. Since everyone has knowledge of these things, so taqleed is not proper in this kind.

ii) Those that cannot be known without concentration and deduction, like the branch issues of worship, mutual dealings and marriage. In this kind, taqleed is proper because Allah (swt) has said:

“So ask the people (having knowledge) of the Message, if you don’t know” (16:43)

Besides, if we disallow taqleed in these branch issues of religion then it would require everyone to pursue the sciences of religion. If that is made necessary for the people then all the necessities of life will be ruined. Fields and cattle will be ignored. So, such a command cannot be given.”

5. Clarifying a false assumption: “Taqleed is not in the Qur’an”

A common misconception is prevalent among some of our Muslim brothers that the concept of taqleed is not present in the Qur’an. We will analyze some of the verses which prove that the concept of taqleed is mentioned in the Qur’an.

Some of the verses which Mufti Abdur Rahim Lajpur, in Fatawa Rahimiyah, has listed to prove the concept of taqleed in the Qur’an are as follows:

1. “Ask the people of knowledge (those who know) when you do not know.” (Surah Nahl)
2. “These are those whom Allah had guided so you also follow their path.” (Surah Anaam)
3. “Had they referred to the Rasul and those in command amongst them, then surely those with insight would have been able to verify the matter.” (Surah Nisa)
4. “O you with Imaan! Obey Allah, Obey the Rasool and obey those in command amongst you.” (Surah Nisa)
5. “Follow the path of the one who turns towards me.” (Surah Luqman)
6. “O you who have Iman! Fear Allah and be with those who are true.” (Surah Taubah)

Below we will analyze only a selected few verses such that the issue at hand becomes clear.

Surah Nisa (4) verse 59

يَا أَيُّهَا الَّذِينَ آمَنُواْ أَطِيعُواْ اللّهَ وَأَطِيعُواْ الرَّسُولَ وَأُوْلِي الأَمْرِ

Ya ayyuha allatheena amanoo ateeAAoo Allaha waateeAAoo alrrasoola waolee alamri

O you who believe, obey Allah and obey the Messenger and those in authority among you. (4:59)

Who are the “ulul amr” in the verse? Some have explained this to mean “Muslim rulers”. In “Tanwir al-Miqbas min Tafsir Ibn Abbas”, a tafsir attributed to Ibn Abbas (ra), it is stated:

(and those of you who are in authority) the leaders of military expeditions; it also said that this means: the men of sacred knowledge.

Mufti Shafi Uthmani (rh) in Jawahir ul Fiqh writes:

“Jabir bin Abdullah, Ibn ‘Abbas, ‘Ata (bin abu Rabah and bin as-Sa’ib), Mujahid, Dhahak, Abu A’aliya, Hasan Basri and other Sahabah and Tabi’een and Tab’a Tabi’een have all explained it to be khulafah, ‘ulema and fuqaha. A renowned ahl-e-hadith scholar, Maulana Siddique Hassan Khan has also accepted the same meaning in his tafsir of the Qur’an.”

Imam Raazi (rh) in Tafsir al-Kabir, after giving extensive arguments for his preference has stated:

“It is preferable to apply the meaning ‘ulema to ‘ulul amr’ in this verse.”

Shawkani (rh) in Fath al Qadeer states:

“Allah (swt) commanded the people to obey His commands, and the command of the prophet (saw) and the ‘ulul amr’ who are the a’immah (plural of Imam) and the judges and the rulers and everyone who is responsible/wali legitimately (not oppressors), and the meaning is to obey them in what they command the people to do, unless it is against the commands of Allah (swt).”

In Durre Manthur it is stated:

“Imam ‘Abd bin Hamid, Ibn Jarir and Ibn Abi Hatim has recorded the tafsir of this verse from ‘Ata (rh) to be……and ‘ulul amr’ refers to people of fiqh and ‘ilm.”

Imam Baidhawi (rh) in Tafsir Anwar ul Tanzil wa Israr al-Ta’weel says:

“….and it is also said it is the ‘ulema (of sharia/deen) for His saying in surah nisa 4:82-83”

Zamakshari (rh) in Tafsir al-Kashaaf writes:

“It is also said they are the ‘ulema who teach the (common) people the religion (deen) and command them to do good (ma’ruf) and warn them from committing evil (munkar). And if there is a disagreement among you and the ‘ulul amr’, leave the matter to Allah (swt) and his prophet (saw), meaning go back to the Qur’an and Sunnah.”

It is written in Tafsir Mazhari:

“Ulul amr includes fuqaha, ‘ulema and mashaaikh because this group of people are the heirs of the prophets (pbut) and are the trustees of the commandments of Allah (swt) and His Rasul (saw). Ibn Jarir, Hakim and others have recorded a narration of Ibn Abbas (ra) that ‘ulul amr’ are the fuqaha and people of deen. In another tradition it is that ‘ulul amr’ are people of ‘ilm (knowledge).”

Imam Abu Bakr Jassas (rh) in “Ahkam ul Qur’an” explained that both these interpretation are equally valid and applicable. He said that the rulers need to be obeyed in political matters and the ‘ulema need to be obeyed in matters related to the Shari’ah.

Ibn Qayyim, in “I’lam ul-Muqi’een”, states that obedience to the rulers leads finally to the obedience of the ‘ulema because in matters of Shari’ah, the rulers obey the ‘ulema.

According the explanations and evidence given above, this verse commands Muslims to obey Allah (swt) and Prophet Muhammad (saw) and the ‘ulema and fuqaha – the people of knowledge.

Surah Nisa (4) verse 83

وَإِذَا جَاءهُمْ أَمْرٌ مِّنَ الأَمْنِ أَوِ الْخَوْفِ أَذَاعُواْ بِهِ وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَى أُوْلِي

الأَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ مِنْهُمْ وَلَوْلاَ فَضْلُ اللّهِ عَلَيْكُمْ وَرَحْمَتُهُ لاَتَّبَعْتُمُ الشَّيْطَانَ إِلاَّ قَلِيلاً

Waitha jaahum amrun mina alamni awi alkhawfi athaAAoo bihi walaw raddoohu ila alrrasooli waila olee alamri minhum laAAalimahu allatheena yastanbitoonahu minhum walawla fadlu Allahi AAalaykum warahmatuhu laittabaAAtumu alshshaytana illa qaleelan

When news concerning peace or fear comes to them, they go about spreading it. Had they referred it to the Messenger and to those having authority among them, the truth of the matter would have come to the knowledge of those of them who are able to investigate. But for Allah‘s grace upon you, and mercy, you would have followed the Satan, save a few. (4:83)

Some hypocrites that were present in Madina were spreading rumors about war and peace. Consequently, some simple-minded Muslims heard those rumors and would relate them just as they heard it. This gave rise to the spreading of false information and created uncertainty in the land. This verse instructs Muslims to inform the Rasul (saw) or the ‘ulul amr’ i.e. those in authority among them. It then clarifies and explains that had they referred to people of knowledge, the people who are able to investigate, the truth of the matter would have been made clear.

Imam Raazi (rh) in Tafsir Kabir writes:

“So to draw conclusions is evidence, and analogical deduction (qiyas) is the same thing or part of it, and is proof, too. Given that, this verse is evidence of some matters.

a) Some of the new issues that grow are not understood by the text, but one has to draw conclusion to find out their meaning.

b) Istinbat (to draw conclusion, to arrive at the truth) is proof.

c) It is obligatory for the masses to make taqleed of the scholars concerning issues and commands that they face.”

However, a question arises that this verse was revealed concerning war and hence it would be specific about such situations so how can it be applied to times of peace?

Imam Raazi in Tafsir Kabir answers:

“Allah’s saying ‘And when comes to them any tiding, whether of peace or of fear….’ is very general. It encompasses war situations and all legal questions too. War and peace are such that no chapter of Shari’ah excludes them. There is no word in the verse that might make it specific to war.”

Imam Abu Bakr Jassas Razi in Ahkam Qur’an, while agreeing with the same view gives a detailed answer and rejects incidental doubts. Due to such overwhelming evidence, Siddiq Hasan Khan, a known scholar of Ahl-e-hadith writes in Tafsir Fath ul Bayan:

“If we do not get from the verse guidance for the times of peace then how do we cite it for validity of qiyas?”

Surah Taubah (9) verse 123

فَلَوْلاَ نَفَرَ مِن كُلِّ فِرْقَةٍ مِّنْهُمْطَآئِفَةٌ لِّيَتَفَقَّهُواْ فِي الدِّينِ وَلِيُنذِرُواْ قَوْمَهُمْ إِذَا رَجَعُواْ إِلَيْهِمْ

طَآئِفَةٌ لِّيَتَفَقَّهُواْ فِي الدِّينِ وَلِيُنذِرُواْ قَوْمَهُمْ إِذَا رَجَعُواْ إِلَيْهِم لَعَلَّهُمْ يَحْذَرُونَْ

falawla nafara min kulli firqatin minhum taifatun liyatafaqqahoo fee alddeeni waliyunthiroo qawmahum itha rajaAAoo ilayhim laAAallahum yahtharoona

So, why should it not be that a group from every section of them goes forth, so that they may acquire perfect understanding of the Faith, and so that they may warn their people when they return to them, so that they may take due care (of the rules of Shari’ah ). (9:122)

This verse teaches that every one does not need to occupy in matters of Jihad. Instead one party should occupy in acquiring knowledge of the deen and then teaching it to others. Hence those who do not have the knowledge of Shariah are to listen and learn from the ‘ulema who have gained this knowledge. They have to rely on their opinion. This is nothing but taqleed.

Surah Nahl (16) verse 43

وَمَا أَرْسَلْنَا مِن قَبْلِكَ إِلاَّ رِجَالاً نُّوحِي إِلَيْهِمْ فَاسْأَلُواْ أَهْلَ الذِّكْرِ إِن كُنتُمْ لاَ تَعْلَمُونَ

Wama arsalna min qablika illa rijalan noohee ilayhim faisaloo ahla alththikri in kuntum la taAAlamoona

We did not send (messengers) before you other than men whom We inspired with revelation. So, ask the people (having the knowledge) of the Reminder (the earlier Scriptures), if you do not know. (16:43)

Allamah Aalusi (rh) in Ruh al Ma’ani states:

“This verse is cited to prove that it is wajib to refer to the ulama for such things in which one lacks knowledge. Allamah Jalalauddin Suyuti (rh) wrote in Ikeel that it is deduced from this verse that taqleed is allowed to the common men for branch issues.”

Some suggest that these verses are specific to the background in which they were revealed. The mushrikeens of Mecca used to object why an angel was not sent as a rasul. In answer this complete verse was revealed.

Some mufassir have said that Ahl ud-Dhikr in the verse refers to the scholars of people of the Book. Others say it refers to those of them who accepted Islam and became Muslims. And some have stated that it refers to the Muslims.

The point here is that the principle of taqleed exists regardless of who one interprets the Ahl ud-dhikr to be. It is simply asking and relying on the opinion of the person who knows when you lack knowledge.

Khateeb Baghdadi, in Al-Faqeeh wal Mutataqqih, has written:

“As for the question who may make taqleed, it is the masses who do not know the methods of Shari’ah commands. It is allowed to them to make taqleed of a scholar and conduct themselves on these directions because Allah (swt) says…..’ask the people of the message’.

He then further reports on his chain of transmission that Amr Ibn Qays (rh) said that Ahl ud-Dhikr in the foregoing verse means people of knowledge i.e. the ‘ulema.

6. Taqleed in the Hadith

• In Mirqaat V.5 pg 349 a hadith is recorded as follows:

Hudhaifa (ra) narrates that the Messenger of Allah (saw) said, “I do not know for how long I will be amongst you. So you follow two people after me – Abu Bakr and Umar.”

The word used in the hadith is ‘iqtida’ which means to follow. It is not used to follow a person in administrative affairs but is used to follow them in religious affairs. The same word is used in the Qur’an in Surah 6 verse 90 to mean “follow the prophets (pbut)”.

• A tradition reported in Bukhari and Muslim is as follows:

Abdullah ibn Amr reported that the Messenger of Allah (saw) said: “Definitely Allah will not remove knowledge from the world by raising it from the hearts of men but knowledge will be rised by calling the ‘ulema (to Him) till when there are none of them left, then people will make the ignorant their chiefs. They will be asked and they will issue fatawa without knowledge. Being misguided themselves, they will misguide others too.”

This hadith makes it clear that to derive a ruling and give a fatwa is the job of the ‘ulema and not a common man.

Another important point in the hadith is that it talks of a time when there will not be any ‘ulema left and ignorant people will be giving fatawa. In such a time, how will one follow Islam if it will not be through taqleed of the writings of the scholars who have passed away?

• In Saheeh Bukhari is the following hadith:

Abu Sa’eed al Khudri (ra) has reported that some Sahabah began to come late for salah. So, the Prophet (saw) encouraged them to come early and join the front rows in prayer. He also said, “Observe me and follow me and those after you will observe you and follow you.”

One meaning of the hadith is the apparent one that the people behind the front rows will follow them. However Ibn Hajar in Fath al Bari writes:

“Some people have said that this hadith means you learn the commands of Shari’ah from me and the tabi’een following you will learn from you and this would go on one after another till the world ends.”

Similar to these there are many ahadith that clearly contain the concept of taqleed in them. It is an ignorant statement to make that one cannot find taqleed in the hadith.

7. Absolute Taqleed & Taqleed Shakhsi during times of Sahabah (ra) & Tabi’een (rh)

Shah Waliullah (rh) states in “Fayoosul Haramain” that taqleed was prevalent in the blessed era of the Sahabah (ra) and Tabi’een (ra) without objection.

People who were not occupied in gaining knowledge or could not deduce a particular issue using their own ijtihad, consulted other jurist Sahabah (ra).

First we will see some examples of absolute taqleed also known as taqleed mutlaq.

• In Majma’ uz Zawaid the following is recorded:

Ibn ‘Abbas said that Umar (ra) delivered a sermon at Jabiyah saying, “O People! If anyone wishes to ask anything about the Qur’an, he must go to Ubayy ibn Ka’b (ra). He, who wishes to know about injunctions on inheritance, must go to Zayd bin Thabit (ra). And one who intends to learn about fiqh must go to Mu’az ibn Jabal (ra). And if anyone wishes to know about wealth and property he must come to me because Allah (swt) has made me its guardian and distributor.”

In the above hadith, Umar (ra) informed the people about those who excelled in certain fields and told them to approach them and rely on their opinions in concerned matters. This is nothing but taqleed.

• In Muwatta Imam Malik it is stated:

“Saalim (rh) said that someone asked Abdullah ibn Umar (ra) that a man borrowed some amount of money from another for a specified period. The creditor was willing to waive a portion of the debt if the debtor repaid before the due date. Ibn Umar (ra) did not like it and he disallowed it.”

This question is not answered by any clear hadith which can go back to the Prophet Muhammad (saw) and thus Ibn Umar did ijtihad. Neither the person enquiring asked for any reason for the ruling, nor was any reason given by Ibn Umar (ra). The ruling of Ibn Umar (ra) was acted upon. If this is not taqleed then what is?

Like these there are numerous incidents which clearly show taqleed in the times of the Sahabah. For detailed arguments and further evidence refer to the book by Mufti Taqi Uthmani titled “The Legal Status of Following a Madhhab.”

Shah Waliullah, as quoted by Mufti A.H. Elias in “Taqleed made easy”, has said:

“The Sahabah (ra) were spread in different countries and in every place one Sahabi was followed, for example:

Mecca: Ibn Abbas (ra)

Medina: Zayd Ibn Thabit (ra)

Kufa: Abdullah Ibn Mas’ud (ra)

Yemen: Mu’az (ra)

Basra: Anas (ra)”

Just like there are numerous examples of Absolute Taqleed in the times of the Sahabah (ra), there are abundant evidences of Taqleed Shakhsi during the times of the Sahabah (ra) and Tabi’een (rh).

• In Sahih Bukhari a tradition is recorded as follows:

Ikramah (rh) reported: Some people of Madina ask Ibn Abbas about the woman who menstruated after the fard tawaf. (Should she wait to perform tawaf wada or may return without performing it?) He said, “She may go home (without performing it).” The people of Madina said, “We cannot act on your ruling and forsake Zayd ibn Thabit’s ruling.”

This incident is also reported by Qatadah in Musnad Abu Dawood Tiyalsi. The people of Madina are quoted to have said:

“O Ibn Abbas! We will not follow you in the matter you disagree with Zayd ibn Thabit.” He replied, “Ask Umm Sulaym (ra) (when you go to Madina whether my ruling is correct).

The people of Madina adhered to the ruling of Zayd ibn Thabit (ra) despite the fact that Ibn Abbas (ra) gave them ahadith of Umm Sulaym (ra). Is this not taqleed shakhsi?

Also note that Ibn Abbas (ra) did not say that they are committing a sin by doing taqleed shakhsi or they are committing polytheism or anything of that sort.

Ibn Abbas (ra) simply told them to refer to Umm Sulaym and then refer the matter back to Zayd (ra). As explain in Muslim, Bayhaqi etc, when this matter was re-referred to Zayd (ra), he changed his verdict.

A question arises. When people of Madina made taqleed to Zayd (ra), why would they investigate the hadith of Umm Sulaym (ra)?

Mufti Taqi Uthmani answers in “The Legal Status of Following a Madhhab“, explaining that this question is based on a misconception that if you do taqleed of a mujtahid then you cannot investigate a Hadith. The majority of the questions by the ghair muqallideen are based on this one misconception.

He further writes:

“As I have stated already, the reality of taqleed is merely that if anyone is unable to understand the Qur’an and Hadith on his own, to clear the superficial doubts, know the abrogated and abrogating then without seeking a detailed study from a mujtahid, he relies on his (mujtahid’s) knowledge and conducts himself on his edicts. Such a person is in no way disallowed thereafter to study the Qur’an and Ahadith. In fact, this door remains open even after taqleed. There are many scholars who have written exegesis of the Qur’an and Ahadith in spite of having adopted the Madhhab of an imam. If they come across a hadith that contradicts the ruling of a mujtahid, and there is no evidence against it then they conduct themselves on the hadith, not the imam’s rulings.”

• In Sahih Bukhari it is mentioned:

Huzayl Ibn Shurahbeel (rh) reported that someone asked Abu Musa Ash’ari (ra) a ruling. He gave an answer but also advised them to ask Abdullah ibn Mas’ud (ra). They went to him and told him that they had asked Abu Musa Ash’ari already. His ruling was contrary to Abu Musa Ash’ari (ra). When Abu Musa Ash’ari (ra) was told about this, he said, “Do not ask me (for rulings) as long as this great scholar is among you.”

Musnad Imam Ahmed also records this narration but the words in it are:

“As long as this major scholar is among you, do not ask me anything.”

This was a clear example of Abu Musa Ash’ari (ra) recommending the taqleed shakhsi of Abdullah Ibn Mas’ud (ra).

Some ghair muqallideen argue that Abu Musa Ash’ari (ra) meant ‘do not come to juniors when seniors are present’. Meaning, he did not say ‘only ask Abdullah Ibn Mas’ud (ra)’.

Mufti Taqi Uthmani explains:

“The truth is that this incident took place in Kufah where Abdullah Ibn Mas’ud (ra) was the most learned man available. It took place in the times of Uthman (ra). During this time Ali (ra) was also not in Kufah. Thus there was no one else of the caliber of Abdullah Ibn Mas’ud (ra). So, if the saying of Abu Musa (ra) were to mean ‘when the senior is there, the junior should not be consulted,’ it would mean the same thing that as long as Abdullah Ibn Mas’ud is there, only he should be asked for rulings. There was no scholar in Kufah more learned than him.”

• In Abu Dawood is the following famous tradition:

Mu’az ibn Jabal (ra) reported that when Allah’s Messenger (saw) sent him to Yaman, he asked him how he would decide cases when they were brought to him. He said, “According to Allah’s Book.” The Prophet (saw) asked, “If you do not find them there?”

“Then according to your Sunnah.”

“But if they are not there?”

Mu’az said, “I will make ijtihad and extract judgment with my opinion (and try to arrive at a true conclusion), not being negligent in that.”

The Prophet (saw) was pleased and patted him lightly on the chest saying, “All praise belongs to Allah Who caused the envoy of Allah’s Messenger (saw) to conform to what pleases Allah’s Messenger (saw).”

Prophet Muhammad (saw) sent Mu’az (ra) as a governor, judge, teacher and mujtahid to the people of Yaman and bound them to obey him. He was also given permission to issue a verdict on his personal judgment. The people of Yaman were permitted to make taqleed of an individual. The prophet (saw) made it binding to him.

The author of “at-tahqiq fi jawab at-taqleed” criticized Mufti Taqi Uthmani for using this hadith as evidence. While quoting him Mufti Taqi Uthmani writes:

“One who calls me and everyone who observes taqleed infidels and polytheists has commented on my conclusions thus, ‘He should have seen first if the hadith is authentic.’ He then reproduces the objections of Allamah Jauzqani (rh) from the marginal notes of Abu Dawood against this hadith. First of all, while he rejects taqleed, he himself practices it when he finds Allamah Jauzqani’s words enough. Secondly, it sufficied him to see the marginal notes of Abu Dawood to verify the Hadith; if he had only seen Allamah Ibn Qayyim’s (rh) investigation, his doubts would have been set at rest. The Allamah has given answers to the objections of Imam Jauzqani (rh) and asserted that none of the narrators of this hadith is a liar or in any way defective. Besides, he has also named another chain of narrators for this Hadith:

Ubadah ibn Nusayi from Abdur Rahman from Ghanam from Mu’az (ra).

He has written that (the sanad and the narrators are known for reliability).

Also on reference to Khatib Baghdadi that the Hadith is worth citing for encouragement of the ummah. (I’lam al-Muqi’een)”

• Another clear example of taqleed shakhsi is given by Ibn Jarir (rh). According to him, six of the seven readings of the Qur’an were abolished by Uthman (ra). From the time of the prophet Muhammad (saw) down to the time of this event, reading from all of the seven readings was allowed.

Ibn Hajar (rh) is quoted in Tafsir ibn Jarir:

“In the same way, the ummah were instructed to protect the Qur’an, and to recite it. They were allowed to choose one of the seven ways of reciting. Then the same ummah made it binding on them that they would retain only one recital and recite according to that, and forego the remaining six recitals.”

Ibn Jariri answers possible objections:

“That which those people did was wajib on them. Whatever they did was for the good of Islam and the followers of Islam. Hence, it was better for them to do this than to keep Islam and its people open to harm (by retaining all the seven recitals).” (Tafseer Ibn Jarir, Muqaddamah)

As for the objection of those who will say that scholars say Uthman (rh) did not abolish the six readings, Mufti Taqi Uthmani writes:

“It is that Uthman (ra) did not eliminate the six recitals. Rather all seven readings prevail to this day. However, he did determine a style of writing for the Qur’an.

If we adopt this point of view, which most scholars have, even then this is an example of taqleed of an individual because before that the Qur’an could be written down in any script. In fact, the sequence of the surah differed in different copies.”

Many tabi’een have reported that they chose to follow one or another Sahabi (ra).

In I’lam al-Muqi’een by Ibn Qayyim (rh) the following narrations are reported:

1. Imam Sha’bi (rh) said, “To whom it pleases to gain authority in judgment let him adopt the sayings of Umar (ra).”

2. Mujahid (rh) said, “When people disagree about an affair, see how Umar (ra) acted. Thus, follow him.

3. Imam A’mash (rh) said about Ibrahim Nakh’ee (rh), “When Umar (ra) and Ibn Mas’ud (rh) agreed about a question, Ibrahim Nakh’ee (rh) did not regard any verdict equal to theirs. But when they differed, he went by Abdullah’s (Ibn Mas’ud) verdict.”

Shah Waliullah (rh) in al-Baligha has written:

“They (ibn Abbas and other Sahabah) differed in many rulings and many from the people of Mecca gave preference to his (ibn Abbas’s) rulings over others.”

To give preference to the rulings of one person over others is Taqleed Shakhsi.

All these were just a couple of examples given from the large database of evidences proving taqleed shakhsi i.e. taqleed of an individual during the times of the Sahabah (ra) and Tabi’een (rh).

8. Why do Taqleed Shakhsi?

In light of the evidence above, it has been established that absolute taqleed and taqleed of an individual i.e. taqleed shakhsi, both are proven from the Qur’an, Hadith, Sahabah (ra) and Tabi’een (rh).

We are prone to fall prey to our nafs – our desires. Islam is the submission to Allah (swt) by following and adhering to his laws. Without taqleed we can easily end up submitting to our nafs and not to Allah (swt).

Now let’s take a practical example to see the dangers one faces if he or she does not make taqleed:

A person in wudhu starts to bleed. His wudhu becomes invalid according to the Hanafi Madhhab but according the Shafi’i it does not. In this case the person thinks “oh well according to the Shafi’i it does not become invalid so I can offer Salah.” Later on in the same day he touches a woman and now according to the Shafi’i his wudhu has become void but according to Hanafi it has not. Now he thinks “oh Hanafis say it’s not broken so my wudhu is intact.”

Here it can be seen how this person followed his nafs and not Allah (swt). For such reasons scholars have agreed that this methodology is haram.

Another example is as follows:

A person visits another town and thus becomes a traveler. He visits it for 5 days. Now according to the Shafi’i view he is not a traveler if he wishes to stay for 4 days or more. According to the Hanafi view he is a traveler till 14 days. So he uses the Hanafi view and declares himself a traveler and then uses the Shafi’i opinion and combines prayers.

Again in this example it is clear that this person has fallen prey to his nafs and is not submitting to Allah (swt).

Mufti Taqi Uthmani quotes various such opinions:

“So if absolute taqleed is allowed, people would choose the easiest and Shariah commands would become meaningless. For example,

• Imam Shafi’i (rh) allows playing chess.
• Abdullah ibn Ja’far (rh) allowed singing and flute. (Ithaf ab-Sadatul Mutqeen)
• Qasim Ibn Muhammad (rh) allowed pictures without shadows. (Nawawi in Sharh Muslim)
• A’mash (rh) held that fasting commenced from sunrise, not dawn. (Ruh al-Ma’ani under 2:187)
• Ata ibn Abu Ribah (rh) held that if Eid fell on Friday then both the salah of Friday and Dhuhr are waived and there is no salah till Asr. (Tahzeeb al-Asma wal-Lughat)
• Dawood Zahiri and Ibn Hazam (rh) have ruled that one who intends to marry a woman may see her in the nude. (Tuhfah al-Ahwazi; Fath al-Muhlim)
• Ibn Sahnun (rh) and others are said to have allowed anal intercourse. (Talkhees ul-Jeer by Ibn Hajar)

So if Absolute Taqleed is allowed and everyone is permitted to do as he likes and choose a ruling that suits him then he would collect such sayings and prepare a religion with the help of his base self and the devil.”

Knowing the dangers of such, scholars have written against such behavior declaring it as unlawful. One such opinion is quoted by a person who is accepted by the ghair muqallideen.

Ibn Taymiyyah (rh), in Fatawa al-Kubra has written:

“The people follow the imam who holds marriage (in a particular case) as void and later they follow an imam who holds it to be valid. This is because of following of one’s own desires. Doing this is unanimously unlawful in the eyes of the Ummah.”

Further on he writes:

“And if someone says he was not aware of the ruling of another Madhhab and now that he has become aware of it he adheres to it, even then his word is not acceptable because this is making the deen a toy.”

Thus it is important to do taqleed and adhere to that school of thought rather than jumping from one ruling to another. We cannot go fatwa shopping based on our desires.

During one of the best of times i.e. in the time of the Sahabah and Tabi’een, people still made Taqleed Shakhsi i.e. of an individual. But because people back then were very God-fearing and righteous, there was no fear in doing Absolute Taqleed.

Mufti Taqi Uthmani writes:

“When later jurists found that people were becoming unreliable, they gave the verdict that only taqleed of an individual was allowed. This was not a command of Shari’ah but an edict for administrative reasons.”

The jurists, for the benefit of the people and to secure and safeguard them from following their nafs, issued this ruling.

It was for the benefit of the ummah that taqleed shakhsi was made wajib and this happened in the 2^nd century AH.

Shah Waliullah in al-Insaaf writes:

“It was during the second century of Islam that following a particular Madhhab became common and there was scarcely any who did not do so. This was wajib.”

For the same benefits today we need to do taqleed shakhsi.

Imam Nawawi (rh) writes in al-Majmoo’ Sharah al-Muhazzib:

“The reason taqleed of an individual has been made binding is that if man was allowed to follow whichever school of thought he liked then he would seek ease in every school of thought and act according to his base desires. People will get authority over the lawful and unlawful, the permitted and forbidden. The restrictions of Shari’ah will be removed finally. In earlier days, the schools of thought were not arranged completely and well-known. (Now that they are compiled and known) it is essential for everyone to select one of them and follow it specifically.”

In Fatawa Rahimiyyah, Shaami (rh) is quoted as reporting the following incident:

“A faqih wished to marry the daughter of a certain Muhaddith. The Muhaddith however stipulated that he would allow the marriage only if the faqih conformed to the practices of ‘Raf’ul Yadain’ and ‘Aameen bil Jahar’. The faqih accepted and the couple was married. When the incident was mentioned to a saint of the time, he lowered his head and after a while said, “I fear for his Imaan because he compromised what he was doing as a Sunnah for worldly gain.”

An Issue of Fiqh

To prevent the ummah from falling into misguidance the ‘ulema time and again recommend that which is good and tell people to abstain from that which could bring about potential damage. A related example is quoted below.

Mufti Shafi Uthmani (rh) in Jawahir ul Fiqh writes:

“An example similar to this matter is that of the seven qira’at which are from the Prophet Muhammad (saw) by mutawattir traditions. It has always been normal to recite the Qur’an in them. However, Allamah Halbi (rh) stated that these are the times of ignorance and thus it is better to recite only in that qira’at which is practiced in one’s country. Any other qira’at should not be used so that the people do not fall into the confusion that there is ikhtilaf (difference) in the words of the Qur’an.”

Keeping all this in mind, absolute taqleed was “abolished” by the ‘ulema and taqleed shakhsi was made an obligation. In light of the above example and that of Uthman (ra) given earlier, this action cannot be termed as ‘bid’ah’.

9. What Scholars have stated regarding Taqleed Shakhsi

Hereunder are statements of some of the scholars as taken from “Taqleed made Easy” by Mufti A.H. Elias and “Jawahir ul Fiqh” by Mufti Shafi Uthmani (rh).

· Imam Abdul Ghani an-Nablusi in Khulasat-ut-Tahqiq: “A Muslim is either a Mujtahid or has not reached the level of Ijtihad. The one who is not a mujtahid should follow which ever he likes of the four Madhhaib.”

· Imam Abdul Wahhab ash-Sah’rani in al-Mizan al-Kubra: “However according to the ‘ulema it is wajib for the ordinary Muslim to follow a mujtahid. They said that if a non-mujtahid Muslim did not follow a mujtahid, he would deviate from the right path. All mujtahids inferred rules from the documentary evidences they found in Islam….A person who speaks ill of any of the A’immat al-Madhhaib shows his ignorance.”

· Allamah ibn Nujaim in al ‘shabalu Nasir: “For any person to go against the rule/decision of the four Imams is going against ijma.”

· Ibn Humam in al-Tarirr fi Usul Fiqh: “It is because of this, that certain….have stated that taqleed of the 4 imams is specified…and taqleed to be limited to these 4 imams is correct.” Further Ibn Humam in Fath al Qadeer: “The ijma was that any school apart from the four will not be taken”

· Jiwan Siddique in Tafsir Ahmadi: “Ijma has occurred on that it is only permissible to make taqleed of the 4 imams. Thus, if any mujtahid is born and his opinions are against that of the 4 imams then it will not be permissible to follow it.”

· Qadhi Thanaullah Panipati in Tafsir Mazhari: “After the third and fourth century there is not a fifth Madhhab to follow besides the 4 madhhaib of the ahl-e-sunnah wal jamaah….and in this matter ijma has occurred that any opinions contrary to the 4 madhhaib is false (Baatil).”

· Imam Sarsksi Maaliki in al-Fatuhatul Wahabia: “In this age after the era of the Sahabah just as Ibn Salah has said that its not permissible to make taqleed of anyone besides the 4 imams, viz., Imam Malik, Imam Abu Hanifa, Imam Shafi’i, Imam Ahmed ibn Hanbal (rha).”

· Ibn Hajar Makki in Farabul Mubeem fi Sahr Arba’een: “In our time it is the opinion of the Elder Imams that it is permissible to make Taqleed of the Imam-e-Arbaa, viz., Imam Shafi’i, Imam Malik, Imam Abu Hanifa and Imam Ahmed (rha) and it is not permissible to make Taqleed of another Imam.”

· Tahawi in Tahtawi alaa Durre Mukhtar: “The one who does not follow those four schools is from ahl al-Bid’aa and people of hell.”

· Abdullah, the son of Abdul Wahhab Najdi (in al-Hadayatul Sunnah – op sit- ‘Propaganda of Mansoor Nomani against Muhammad ibn Wahab’: “In secondary matters we are of the Madhhab of Imam Ahmed bin Hanbal (ra) and whosoever adheres to any of the 4 Imams we do not object.”

10. Why Taqleed of one of Four Schools only?

There were many mujtahids and hence people often ask why an imam from among only the four schools be chosen. Some of the mujtahids were Sufyan Thawri (rh), Layth ibn S’ad (rh), Awza’i (rh), Abdullah ibn Mubarak (rh), Ishaq ibn Rahuyah (rh) and many others. Yet people talk of following one of the four schools only.

The reason is quite simple. In theory there is no reason why the number has to be four. However, only these four have sufficient detailed literature available. All other madhhaib apart from these four died out over time. Their rulings are not available neither are any scholars representing them. One can say this is purely a matter of coincidence.

Mufti Shafi Uthmani (rh) in Jawahir ul Fiqh writes:

“Even if 2, 4, 10, 20, 50 or 100 rulings of these others were available today, it cannot be given a shape of a Madhhab so that people can follow them. This is because even if one will follow them in these available rulings, what will they do for the thousands of other matters? Now when it is seen that only 4 madhhaib survived, taqleed got confined to either of the four madhhaib.”

Imam Nawawi (rh) writes in al-Majmoo’:

“Although the Sahabah and the elders of the first generation were superior to later day jurists and mujtahids, yet they did not get an opportunity to compile and arrange their knowledge and its principles and branches. So. It is not proper to make taqleed of them because none of their teachings can be pinpointed for sure. Compilation began later on by the imams who had benefited from the Madhhab of the Sahabah and tabi’een. They compiled their commands and explained their own basic principles and branches, like Imam Malik (rh) and Imam Abu Hanifa (rh).”

Ibn Taymiyyah (rh) states in al-Fatawa al-Kubra:

“From the point of view of the Book and Sunnah, there is no difference among the mujtahid imams. So, Imam Malik, Layth ibn Sa’d, Imam Awza’i, Sufyan Thawri (rha) were all imams of their times and the same command applies in each case for taqleed.

No Muslim argues that taqleed of any of them is disallowed. But, if anyone has forbidden taqleed of anyone then he has done that for one of the two reasons:

1. There are no more men surviving who might be fully aware of the Madhhab of any of them. There is bound to be differences in taqleed of a dead imam. While those who allow taqleed of a dead imam permit it only if any of the living ‘ulema possess knowledge of the dead imam’s Madhhab. (Since none of them survives, it is not proper to make taqleed of those imams.)

2. There is a consensus against the teachings (of those whose Madhhab is extinct)…..But, if any of their sayings is available which is according to the surviving mujtahid’s sayings, then their sayings would be seconded and thus strengthened.”

Mufti Shafi Uthmani (rh) further explains this in Jawahir ul Fiqh:

“To argue why there are only 4 schools is like the example of a person who has children born in excess but they kept on dying and by the time the father died, only 4 survived. Now at the time of distribution of wealth, it is distributed among the 4 that survived. No one will object and say that the wealth should also be given to the children that died.”

11. The Imams did not have access to all Ahadith

Some people have this misconception that the 4 Imams in those days did not have access to all ahadith and thus their rulings are incorrect in places due to lack of knowledge of ahadith.

Firstly this statement in itself is incorrect. But for arguments sake we will not delve into this and accept their objection.

Even if we believe that the 4 imams did not have access to all ahadith, their students and their students and their students and so on so forth have revised all rulings in detail. Even today rulings are made in light of evidence by the ‘ulema. So its ignorance to state that only the ghair muqallideen have all the ahadith and the other ‘ulema do not have all ahadith. Moreover, its stating that for over a thousand years every Muslim was misguided and not following true Islam and only today we can follow Islam correctly.

Also note that the rulings on matters of fiqh made by ghair muqallideen where they present their evidence of “all ahadith” have all been refuted in light of their “new evidence”. To see these refutations in detail kindly refer to books of fiqh from the 4 madhhaib.

12. “We follow the 100% correct rulings” / “How can all 4 be correct when truth is one?”

This is another statement used by the ghair muqallideen. They state that a person who is a mujtahid today and has mastered all four schools sifted through the evidences of all schools and their opinions and then chose the rulings with the most correct evidence. Why should I not follow these correct rulings?

In theory this sounds very appealing to every Muslim but in reality it is just an illusion and nothing more. It makes it seem that mujtahids of the 4 madhhaib do not study other schools and their rulings and their evidences. Clearly a person who states such a statement has not read even the basic books of fiqh.

Secondly, fiqh is derived in light of principles. Like stated earlier, Imam Malik gave preference to people of Madina as he termed it to be living Sunnah. This was one of the principles on which he based his opinions or rulings. Imam Hanbal did not give preference to the practice of people of Madina. Now who will decide which principle is correct? This is a matter of preference and to reject one and accept the other is also a matter of preference.

When there is a matter of preference then one cannot state that this principle is stronger than the other. What one can state is “this preference is stronger for me” and the people following this person would state “this preference given by our Imam is stronger evidence for us.”

However, no one can state that only we are correct and everyone else is wrong.

Let me give another example as stated in “The Differences of the Imams” by Maulana Muhammad Zakariyah (rh):

“According to the Hanafi school of thought, tahiyatul masjid salah is prohibited whilst the Jummah Khutbah is in progress. However, one hadith makes mention of a very poor Sahabi named Sulaik Ghatfaani (ra) who entered the masjid whilst the khutbah was in progress. Prophet Muhammad (saw) ordered the Sahabi to perform tahiyyatul masjid so that people may witness his poverty and constrained circumstances. Together with this, they will also witness this special concession awarded to this particular Sahabi in that the Prophet Muhammad (saw) ordered him to perform Nafl Salah while the khutbah was in progress. According to certain narrations, Prophet Muhammad (saw) brought the khutbah to a halt and remained standing to enable the Sahabi to complete his salah.”

Based on this tradition, many have given the ruling that tahiyatul masjid salah is permissible during the khutbah. This is a matter of interpretation. Hanafis state that this was a specific case and hence the khutbah was also brought to a halt. Others state that this was a general case.

Who will decide which interpretation is the 100% correct one? No one can because it’s a matter of interpretation. Hanafis therefore state “for us the ruling of it being a specific case is stronger” and Shafi’i’s for example state, “for us the ruling for it being general is stronger”. However, not a single person can say that one is 100% correct and the other is 100% wrong.

So, our ghair muqallideen brothers who claim to follow the most correct opinions, can you please explain how one interpretation of the hadith is correct and the other is incorrect?

At other times the differences arose because some thought a particular action of the Prophet Muhammad (saw) was coincidental, natural and habitual. Others stated it was intentional and thereby made it part of Sunnah.

Similarly there are tons and tons of such examples throughout Islamic literature. For more information please refer to “The Differences of Imams” by “Maulana Muhammad Zakariyah (rh)”.

In Fatawa Rahimiyyah, Mufti Abdur Rahim Lajpuri (rh) answers the question “how can all 4 be correct when truth is one?” He writes:

“We say that the sources of all the Madhhaib are the Qur’an and the Ahadith and to declare them all to be wrong is, (Allah forbid!), tantamount to claiming that Qur’an and Ahadith are misleading. The Kabah has four sides (north, south, west and east) and the people on each side face the side they are on. Now although the direction of every person is different, the salah of each of them is correct because their purpose is all the same.

In the same way, one Imam may use certain criterion and factors to interpret a certain verse of the Qur’an in a particular manner, another Imam may use other factors to arrive at a different interpretation, both of which are accommodated by the verse. In alike manner, a particular Imam may interpret a hadith according to his research and using certain rules and principles. At the same time, another Imam will use his principles and standards to interpret it differently. On other occasions one Imam may use the apparent meaning of a hadith or verse to arrive at a conclusion while another may use the implied meaning.”

Mufti Taqi Uthmani explains further:

“The differences of opinion that we see among the mujtahids is primarily because of the manner of deduction of each of them varies. Some rely on the isnad when they have to choose from ahadith of different apparent conclusion. Others reconcile the ahadith while some others choose the hadith on which the Sahabah conducted themselves. So, every mujtahid has a different approach and none of them can be accused of neglecting the authentic ahadith.”

Further, on the issue of classification of hadith, Mufti Taqi Uthmani writes:

“There is ijtihad on deciding whether a hadith is sound or weak. And different imams have different results. Thus, Imam Abu Hanifa may regard a hadith worth following while another mujtahid may classify is as weak.”

To state “we follow the 100% correct opinion” is a 100% incorrect statement. In this section only the very minimal basics were given and one can see how complex matters of fiqh are. Any person who has studied even the basics of the principles of fiqh will never give such a statement.

13. Those who say ‘No Taqleed’, in reality make Taqleed

Firstly let me begin by mentioning that a person makes taqleed in many areas of life. Where a person has no area of knowledge, he makes taqleed. For example, if your child is ill, do you approach medical textbooks in order to diagnose the disease and then recommend medicines for cure? Obviously not, you take him to see a doctor. When the doctor diagnoses the disease and prescribes medicines, do you then ask the doctor to explain what virus caused this and the pathology behind the disease and explain to you the indications, contra-indications, adverse effects etc of the medicine? You don’t even ask for the generic name of a medicine let alone ask for such details. The doctor will end up throwing you out of the clinic and tell you to go attend a medical school.

There are some brothers and sisters who claim they do not make taqleed and follow the Qur’an and Hadith. The reality of this matter is that they make taqleed themselves. There is no way around it – It’s unavoidable.

I will begin by a basic example. These people state that Bukhari is the most authentic book after Qur’an.

Which statement of the Prophet (saw) or which Qur’anic verse says Sahih Bukhari is the book after Qur’an?

Have they studied all the ahadith in this book and their isnad and scrutinized every single hadith for verification? No they have not. They rely on the opinions of the scholars blindly.

The same people accept the criticisms and objections on the narrators of hadith as stated in the books of ‘Asmaa al-Rijaal’ which are many times without any solid proof. Is this taqleed or not?

These people take rulings from their own ‘ulema. To follow the rulings of one set of fiqh-ha rules is termed Taqleed Shakhsi. For example, if a Maliki takes rulings from different Maliki scholars, he still is doing taqleed shakhsi. If a salafi takes rulings from different salafi scholars then he still is doing taqleed shakhsi.

Moreover, when the ghair muqallideen rely only on the classification of ahadith of their ‘ulema, this again is a clear example of taqleed shakhsi.

There are many such examples which prove that people who claim they do not make taqleed, in reality make taqleed.

Abdul Wahhab Najdi whom the ghair muqallideen profess to follow, is quoted in the book “Muhammad bin Abdul Wahhab” by Allama Ahmad Abdul Ghafoor, to have said:

“By the grace of Allah (swt), we follow our pious predecessors and are not perpetrators of Bid’ah. We follow the Madhhab of Imam Ahmed Ibn Hanbal.”

14. Why cant Layman Judge Evidence?

Some of our ghair muqallid brothers say that we can see the evidence provided by everyone and then judge which one is true. If after reading this piece from the start, a person still says such a thing then he has either not read anything or was not paying attention.

For one to be able to judge evidence, one has to know about the evidence. Let me give an example. If you are not a doctor and I come to you with a disease, will you be able to diagnose the disease and prescribe any medicine to me?

What really happens is that they take a book of one of their Imams and then read his side of the argument and accept the view because it “seems to be correct”. They do not bother to read the counter-arguments made by other scholars. Picking up one book and reading the “evidences” in it for a ruling does NOT in any way or form mean “judging” a matter. To judge, one has to be fluent in many sciences. Hence judges of courts in countries are chosen from people fluent in the field of law. A carpenter cannot be made a judge because he does not know the law.

In reality the ghair muqallideen just see the matter superficially and make taqleed to their imam’s opinion without questioning any of the usul (principles) which he adopted.

Mufti A.H. Elias in “Taqleed Made Easy” writes:

“A common man cannot understand the finer details of the principles of Deen. Anything presented to him will be swallowed. This is because he cannot judge these things in the light of ‘ilm due to lack of it. This is how falsehood spreads among the Muslims.”

15. What Madhhab Should I adhere to?

A person new to Islam or someone who wishes to become a muqallid might ask this question. The answer is really simple. A person living in a particular geographical region should follow the Madhhab which is prevalent in that region.

The reason for this is, for example if I live in the USA and the region is predominantly Hanafi. Then if I choose to be a Maliki, how will I adhere to that school when I will not have access to the Maliki scholars? Hence it is best to stick to the Madhhab whose scholars one can easily access.

16. Conclusion

Now we have two paths in front of us. One is a new path and the other is an attested path laid down by people of knowledge. It is up to you to decide which path you want to be on. Do not get excited by statements like “we analyze all evidence” etc. After reading this one will realize why such claims are the most inaccurate claims.

To be on the safe side and to be sure that we don’t end up following our nafs and desires, it is best for us to make taqleed and adhere to either of the Madhhaib.

When I decided to write on this topic, I had no idea it will get this extensive. The purpose was to incorporate as many aspects and objections but the length of it forced me to leave out many evidences and arguments of the scholars proving why taqleed is a necessity. The primary text used to write this article was “The Legal Status of Following a Madhhab” by Mufti Taqi Uthmani which answers other objections which are not in this article. Throughout the article wherever I have quoted Mufti Taqi Uthmani, it is from the same book.

I highly recommend everyone interested in this topic to get this book and read it, especially our ghair muqallideen brothers and sisters. A pdf format of this book is available in the E-Books under the title “Fiqh” for all to benefit Insha’Allah.

For better readability DOWNLOAD PDF FORMAT

President Sarkozy & The Niqab Ban

By Ebrahim Saifuddin

President Sarkozy wishes to eliminate freedom of expression in France. The same freedom of expression with which his voodoo dolls were allowed to stay on the market for sale. A French appeals court, in November 20081, had given this permission in the name of freedom of expression. Today, the same president is trying to infringe on the right of freedom of expression of about 5-6 million2 French Muslims. One then wonders if freedom of expression in France is only for the French non-Muslims. Why this discrimination? Why this injustice?

The important question is that should people in France not be allowed to follow their religion and beliefs openly? Should they be oppressed?

Some people try to suggest that Niqab is not part of Islam and that it is only “cultural”. Hence, this article will first establish whether Niqab is part of Islam or not. Later, we will analyze some of the objections raised by people who wish to ban Niqab.

Woman’s Covering in Qur’an

The First Verse

The obligation of the niqab is established in the Qur’an and Hadith. The first verses on hijab (which means to veil, hide, conceal) appear in Surah Ahzab which, according to different commentators, was revealed in 3 AH or 5 AH. The second verse, which is in Surah Nur, was revealed later in 6 AH. The verse is as follows:

Surah Nur (24) Verse 31: And tell the believing women that they must lower their gazes and guard their private parts, and must not expose their adornment, except that which appears thereof, and must wrap their bosoms with their shawls, and must not expose their adornment, except to their husbands or their fathers or the fathers of their husbands, or to their sons or the sons of their husbands, or to their brothers or the sons of their brothers or the sons of their sisters, or to their women, or to those owned by their right hands, or male attendants having no (sexual) urge, or to the children who are not yet conscious of the shames of women. And let them not stamp their feet in a way that the adornment they conceal is known. And repent to Allah O believers, all of you, so that you may achieve success.

While this verse was revealed after the one mentioned in Surah Ahzab, the practice of hijab i.e. covering, concealing etc, was in practice when the latter was revealed i.e. in 3 AH or 5 AH as per the different opinions of the commentators regarding the date of revelation.

First I will explain injunctions in this verse and then we will go on the verse in Surah Ahzab.

The word ‘yaghudhdhu’ in the verse is derived from ‘ghadhdh’ which means to bring down or to lower. This establishes the first injunction of the verse to lower the eyes – which means we should look away or turn their eyes away from “that which Allah has forbidden them to look at.”3

The next injunction in the verse is regarding covering the private parts. ‘wayahfathna furoojahunna’ – This means to protect oneself from all forms of unlawful sexual desires.

But because the topic at hand is particularly “Niqab”, I will not talk about the above two injunctions in detail.

Zeenah in the verse literally means that which a woman adorns herself to appear attractive. This could be nice clothes or ornaments. The scholars unanimously agree that when such ornaments are not worn on the body and are on display like in a shop, then it is permissible for the men to see it. The verse explains the obligation on women not to make visible the parts of the body where ornaments are worn.4

Abdul Rahman bin Nasir as-Sa’di says that the entire body is included in “Zeenah”.5

Sufyan from Alqamah narrates that Ibrahim said the visible Zeenah is the clothes. This same opinion is held by ‘Abdullah.6 This means that the Zeenah which can be visible is the clothing used to hide the awrah of the woman.

Further there is an exception in the injunction. ‘ma thaharaminha’ - which means ‘except that which appears thereof.’ So that which is impossible to cover, there is no obligation to cover it. However, it is important to understand what falls under this category.

Imam Ibn Munzir reports from Anas (ra) that this phrase means antimony which is put in the eyes and a ring. This means, a woman can only leave her eyes and hands uncovered while everything else has to be covered.7

Abdullah ibn Mas’ud said that the outer covering which is used to conceal the inner garments (zeenah), does not need to be covered because it is impossible to do so and hence this falls under this category. According to this companion of the prophet Muhammad (saw), a woman’s face should be veiled in public. Al Baghwi said ibn Mas’ud’s evidence was Surah A’raaf Verse 31.8

Shawkani records al-’Atiyya saying that a woman should cover everything except some parts which she would be obliged to show like the jilbab, khimar, the hands and feet.9 So according to him showing the face is impermissible.

Badawi states that this exception is during Salah and so if the face and hands up to the wrists are left open during salah then the salah is valid and there is no permission to uncover these portions before a stranger.10

Another companion of the prophet Muhammad (saw), ‘Abdullah ibn ‘Abbas said that the face and the hands fall under this category and they need not be covered.

Some of the people try to use this hadith of ibn ‘Abbas as definitive evidence while ignoring the saying of ‘Abdullah ibn Mas’ud. They quickly forget what the prophet Muhammad (saw) had said regarding ibn Mas’ud. He (saw) stated “Hold fast to the religious laws that are told to you by the son of Umm Abd (Ibn Mas’ud)”.11

Further, they also overlook that this same ‘Abdullah ibn ‘Abbas, in the tafsir of Verse 59 of Surah Ahzab (33) states that all believing women should cover their heads and faces with large cloaks except for one eye when they leave their houses. This proves that while explaining 24:31, he was referring to what a woman can expose when at home.

While mentioning both opinions, it is mentioned in Tafsir al-Jalalayn, “And tell believing women to lower their gaze, away from what is not lawful for them to look at, and to guard their private parts, from what is not lawful for them to do with them, and not to display their adornment except for what is apparent, namely, the face and the hands, which may be seen by a stranger, when there is no danger of [either or both falling into] temptation – this being one of two opinions. The second [of these] is that [even] this is forbidden because there is a presumption that these [parts] will cause temptation – and this is the preferred opinion, if one must settle this topic [with a definitive opinion].”12

However, there is a difference of opinion among the ‘ulema as was among the companions of the prophet Muhammad (saw). Yunus said hands and face can be visible.13 Zamakhshari says the feet, hands and face are permitted to be visible because otherwise it would cause inconvenience to the woman when she has to work (she will have to use her hands), when she has to testify in court and for marriage (she will have to show her face) and when she walks (her feet will become visible) especially those who are poor.14 Imam Raazi writes it is permissible to show the face and the hands but the correct opinion is that the feet are part of the ‘awrah and should be covered.15

The Second Verse

Now let me talk a little about the verse in Surah Ahzab. The verse is as follows:

Surah Ahzab (33) Verse 59: O prophet, tell your wives and your daughters and the women of the believers that they should draw down their shawls over them. That will make it more likely that they are recognized, hence not teased. And Allah is Most-Forgiving, Very-Merciful.

The command for hijab in this verse comes with the words ‘yudneena AAalayhinna min jalabeebihinna’ where yudneena has been derived from idna’ which literally means to draw, pull or make come closer. There second word ‘alaihinn means ‘on’ or ‘over themselves’ like hanging as a screen for the face. The third word used here jalaabeebihinn is actually the plural for jilbaab which is a form of sheet as the one worn over the scarf.

‘Abdullah ibn Masu’d describes this as:

“Allah (swt) commanded women of the believers that when they go out of their homes to take care of some need, they hide their faces with the long sheet hanging down from over their heads leaving only one eye open to see the way.”¹⁶

The same interpretation is given by ‘Ubaidah Salmani when he explained the meaning of the verse and the nature of the hijab to Imam Muhammad ibn Sireen.¹⁷ And as mentioned before, ‘Abdullah ibn ‘Abbas also gave the same interpretation of this verse.

Furthermore regardless of the difference of opinions among the scholars, all agree that in times of fitna, it is necessary to cover the face. Ashraf Ali Thanvi writes that in times of fitna it is wajib for a woman to cover the face.¹⁸

There is a unanimous agreement among the scholars on this.

Woman’s covering of face in Hadith

There is a famous incident mention in Abu Dawood. When the son of Umm Khallad passed away in a battle, she came to the prophet Muhammad (saw) while wearing a veil over her face. A companion of the prophet Muhammad (saw) then asked “You have come to find out about your son, yet you did not fail to remember to cover your face? She replied, “I have been afflicted with the calamity of losing my son but will not be afflicted with the calamity of losing my modesty.”

This hadith proves that women covered their faces at the time of the prophet Muhammad (saw)¹⁹ and when the woman said she will not lose her modesty, neither did the prophet Muhammad (saw) nor the companions tell her “its okay you do not need to cover your face because that is not part of modesty.”

Moreover, it also implies that whether we face calamity or not, we are supposed to adhere to the laws in the Qur’an and Sunnah.

Further evidence that comes from the hadith is that while explaining the laws of Hajj, the prophet Muhammad (saw) said that a woman performing Hajj should not cover her face. This further proves that women used to cover their faces during the time of the prophet Muhammad (saw).

Some try to use this as evidence that when niqab is not to be done during hajj then niqab cannot be a command. This again is their lack of understanding of the laws in the Qur’an and Sunnah. There are many injunctions that one cannot carry out while in the state of ihram. For example you cannot use fragrances when in the state of ihraam. Does this mean using fragrances in general is also haram? Of course not! You cannot cut your nails or your hair in the state of ihram either. Does this mean that its forbidden to do so? No! Similarly there are many commands specific only for hajj and equating them with regular laws prescribed is a grave error.

Secondly even while niqab is not to be done during hajj, the wives of the prophet Muhammad (saw) would cover their faces when men would pass by.²⁰

Another hadith which proves the covering of the face is mentioned in Sahih Bukhari:

Narrated Safiya bint Shaiba: ‘Aisha used to say: “When (the Verse): “They should draw their veils over their necks and bosoms,” was revealed, (the ladies) cut their waist sheets at the edges and covered.”²¹

أي غطين وجوههن ; وصفة ذلك أن تضع الخمار على رأسها وترميه من الجانب الأيمن على العاتق الأيسر وهو

التقنع

قالالفراء :

كانوا في الجاهلية تسدل المرأة خمارها من ورائها وتكشف ما قدامها ، فأمرن بالاستتار ، والخمار للمرأة كالعمامة للرجل

When Surah Nur Verse 31 was revealed, ibn Hajar explains, that the women covered their faces.²²

There remains no doubt that Niqab was observed by women during the time of the prophet Muhammad (saw).

Furthermore, there is a hadith that is commonly quoted by some people. Asma bint Abu Bakr narrates that the prophet (saw) told her, “O Asma! When a girl comes of age, nothing should be seen of her except the face and the hands.”

This hadith has a broken chain of narrators. Some of the narrators are unknown. Thus, this hadith is unreliable and should not be used by any as evidence to derive Islamic laws.²³

Differences in Niqab in different schools

As stated before, there is a difference among the ‘ulema regarding the covering of the face. For example, the Shafi’i school of thought says it is obligatory to cover the face and the hands.²⁴

The Maliki classical opinion states that the woman should cover herself in front of an ‘ajnabi except for her hands and face.²⁵

Similarly other schools also hold such differences. As mentioned earlier, there was an ikhtilaf on this issue among the companions.

However, regardless of these differences, everyone is unanimous about the fact that in times of fitna, the niqab needs to be worn by the women. And a woman wearing the niqab is simply following an injunction of her religion. Even in normal times, everyone holds the opinion that wearing the niqab is highly recommended.

Such a woman should be allowed her freedom of expression and thus there should be no bans on niqab.

Why Niqab in Islam?

Firstly, as a Muslim, I do not ask questions to the commandments of God. I believe that the Creator has Absolute Wisdom and I do not have it – no creation has it. So by trying to assess the wisdom I am undermining God’s wisdom. I can never know what the whole absolute wisdom behind a commandment is.

Secondly, as being part of the creation, I submit myself to God. So if there is a command by Him then my goal is to obey it to the best of my capability and capacity.

However, when one sits and contemplates, people can think of many reasons. One such reason could be based on the will power one has. A woman by nature likes to adorn herself and beautify herself. As part of her obedience to God, she is to control this desire and conceal her beauty from strangers. By doing so she gains a spiritual high. It is like the month of Ramadan. We abstain from the lawful while we are fasting. Some of which is lawful becomes unlawful in the state of fast. A person, by controlling and abstaining from things he is naturally inclined to e.g. food and water, increases in the level of spirituality.

Likewise, different people can think of different reasons why Niqab is commanded by God. For some the simple reason of modesty is sufficient. You know how they say “If you’ve got it, flaunt it,” in Islam it’s more like “Whatever you’ve got, keep it to yourself.” That is the basic rule of modesty.

Is Niqab Oppression?

Niqab is called oppression by those who fail to realize the relationship a woman has with her Creator. If, as a Muslim, the woman wishes to wear the niqab, it is because she wants to. It is her choice and no one can tell her how to dress. The actual fact is that when you try to tell us how to dress and impose it on us then that is oppression.

If a woman wants to wear the niqab because she believes it is a command or is recommended by Islam, then what is the problem? Why is this such a huge issue?

They say Islam forces women to wear the niqab – Right now I only see President Sarkozy forcing the women not to wear something they choose to wear.

So who is the oppressor?

Some suggest that some women are forced into wearing the niqab and thus, they say, niqab should be banned. But this does not make any sense. People are, at times, forced to do a lot of things – that does not mean you ban it altogether. For example, women are forced into marriage. The Church of Jesus Christ of Latter-Day Saints had forced many girls into forced marriage.²⁶ Then should we ban marriage altogether? Women are forced to work so should work for women be banned altogether? A woman is at times forced to study that which she does not like. Should education be banned for women? There are a lot of things which a woman is forced to do in many different societies. But it is preposterous to say that all such things should be banned.

Any sensible person will suggest that laws should be formulated as such that if any woman feels  injustice is being done to her then she can seek relief from the judiciary. You do not just ban something altogether – you empower the women.

Niqab is Security Threat

When one says that niqab is a security threat because people wearing burkas robbed a jewellery store or a bank, it seems like such robberies never took place in the history of mankind without the burka. Criminals have used many different items to conceal their identity. People have used wigs, face masks, lenses and make up more often than a selected few cases of using a burka. Should all these products also be banned?

There have been cases where robbers have used woman’s undergarments on their faces to rob. Should these be banned as well?

In 1991, FBI recorded 2,355 bank robberies in Los Angeles. That’s more than 6 robberies a day. How many of these were done by robbers wearing a burka? In the first half of 1992, 1,598 robberies were committed. How many were perpetrated by people wearing a burka? The FBI issued a statement that bank robbers in LA do not bother to cover their faces at all.²⁷

In 2008, 189 bank robberies took place in the LA metro area alone. 32 Bank robberies took place in San Franciso in the first 5 months of 2008. 115 took place in Houston metro area.²⁸

A young 16 year old French girl was arrested in 2008 for 7 thefts in bank buildings in France. The police said that all the robberies followed the same pattern. A girl, whose face would be uncovered, enters the building like a normal customer and then takes out weapons and opens the doors for her accomplices who’d be wearing masks.²⁹ None of these people wore burkas.

Let me give you a recent example. Last month, French police arrested 25 suspects in connection with a multi-million dollar robbery at Harry Wiston Jewelers. Some of these robbers were dressed as women wearing wigs.³⁰

The list is endless. It is better for a government to eradicate the reasons due to which people resort to such crimes. Eliminating the tools they use would mean you remove almost everything from the market; wigs, makeup, computers that are used to forge IDs at times, all kinds of masks whether they are used primarily by children or not, contact lenses etc.

Burkas have been used in a number of cases that you can count on your fingers. Such a small number does not warrant a ban. If one says it does, then ban every item ever used by a robber – don’t single out the burka.

A Brief look into History of France

Niqab, as an obligation, is a valid opinion in Islam. Any Muslim following that opinion is following a valid opinion and no one has the right to force her to wear that which she does not want to wear. France, in history, has tried to enforce its rules on others. In Algeria, during the French occupation, the French took control of Education sectors, business and the government, thereby making attempts to curb the Algerian cultural identity which was greatly influenced by Islam. They tried to shape and mold the Algerians into being like the French.

Algeria, prior to the French invasion had a very high literacy rate. This was because every man, to be able to follow their religion, had to be able to read and understand the Qur’an. The French invasion left this completely destroyed and shattered. About half of the schools that were operational, before the French conquest, were shut down by them.

It was during the French rule that the French tried to eradicate Islamic values and culture from the hearts of the women. They stated that they wanted to ‘liberate’ the Algerian women. The French also aimed to eliminate the practice of veiling which the women of Islam practice. Today they are trying to do the same.

The conditions under which Algerians lived has been described by Frantz Fanon as “Servants under the threat of being fired, poor women dragged from their homes, prostitutes, were brought to the public square and symbolically unveiled to cries of ‘Vive l’ Algèrie française’.”³¹

Conclusion

Stating that Niqab is enforced on a woman does not mean you ban it. You simply create laws to bring relief to people who are being forced into it. You empower the women. You deliver justice. By banning it, you are doing the gravest injustice. One does not have a right to tell a woman what to wear and what not to wear. It is a person’s discretion.

If a woman considers that Niqab is a command of God, then she should be allowed to wear it if she chooses to do so. If a woman chooses not to wear it, then she should be given justice if she is forced to wear the Niqab.

President Sarkozy should not ban the Niqab saying it is oppression. It is not oppression but a choice. The only oppressor right now is the president himself.

France should accept diversity within its boundaries and welcome people with open arms. It should let go of its history of oppressing Muslim women and be more acceptable and tolerant towards others.

References

1- http://www.thaindian.com/newsportal/india-news/french-court-calls-sale-of-nicolas-sarkozy-voodoo-doll-freedom-of-expression_100125049.html

2- http://news.bbc.co.uk/2/hi/europe/4385768.stm

3- Tafsir Ibn Kathir under Surah Nur Verse 31

4- Ruh ul Ma’ani under Surah Nur Verse 31

5- Tafsir Sa’di under Surah Nur Verse 31

6- Tafsir Tabari under Surah Nur Verse 31

7- Durr Manthur under Surah Nur Verse 31

8- Mu’alim al-Tanzeel under Surah Nur Verse 31

9- Fath al-Qadeer under Surah Nur Verse 31

10- Tafsir Mazhari

11- Mishkaat Masaabih

12- Tafsir al-Jalalayn under Surah 24 Verse 31

13- Tafsir Tabari under Surah 24 Verse 31

14- Al-Kashaaf under Surah 24 Verse 31

15- Al-Tafsir Al-Kabeer under Surah 24 Verse 31

16- Tafsir Ibn Kathir under Surah 33 Verse 59

17- Ma’ariful Qur’an by Mufti Shafi Uthmani under Surah 33 Verse 59; ibn Jarir etc

18- Bayan ul Qur’an under Surah 24 Verse 31

19- Fadhl al-Ma’bud fi Sharh Sunan Abi Dawood

20- Mishkaat Masaabih

21- Sahih Bukhari Kitab at-Tafsir

22- Fath al-Bari fi Sharh Sahih al-Bukhari

23- Anwar ul Bayan by Mufti Aashiq Ilahi under Surah 24 Verse 31

24- Umdat ul Salik by Ahmed ibn Naqib al-Misri

25- Refer to works by Ibn Rushd, Ibn Juzayy, Ibn ‘Abdi’l-Barr

26- http://www.guardian.co.uk/world/2008/apr/10/usa

27- http://www.independent.co.uk/news/world/bank-robbers-run-riot-in-la-1540736.html

28- http://www.usatoday.com/news/nation/2008-06-15-bankrobberies_N.htm

29- http://timesofindia.indiatimes.com/World/Europe/16-yr-old_suspected_of_seven_bank_robberies_in_France/articleshow/3282248.cms

30- http://www.google.com/hostednews/ap/article/ALeqM5gJQJZLt_NempH68cV7g3UlODyIUQD98VSH800

31- Frantz Fanon ‘Algeria unveiled’ in, Studies in A Dying Colonialism, London: Earthscan, 1989.

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Ibn Taymiyyah, Ibn Qayyim, Ibn Hazm, Maududi have stated Masah on All types of Socks is Permissible. What does Islamic Shariah say regarding this?

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The following is an extract from “Fiqhi Maqalat” Volume 2 page 9-24 by Mufti Taqi Uthmani regarding masah (wiping) of socks for wudhu (ablution).

Note: The fatwa below is very loosely translated from the Urdu language and Arabic in certain places. May Allah (swt) forgive me if I made any errors in the translation.

Question

On what types of socks is Masah permissible? What do ‘Ulema of Islam say regarding this?

a) As far as masah on leather socks is concerned, in this matter the opinion of permissibility is almost unanimous.

However, there is some difference regarding masah on socks made out of wool, cotton, nylon etc. Some put conditions to the permissibility of masah on such socks.

One famous personality of present times says that masah on socks of all types is permissible without any restrictions.

b) Below is what this famous personality says regarding the conditions which fuqaha (jurists) have placed on the permissibility of masah on such socks:

“I have tried to find the basis for such conditions but I could not find anything in the Sunnah. From Sunnah it is established that the prophet Muhammad (saw) did masah on socks and shoes. Apart from Nasai, Book of Sunan and Musnad Ahmed relate from Mugheera Ibn Sha’bah that prophet Muhammad (saw) performed wudhu (ablution) and did masah on his socks and shoes (masah ‘ala al-jurbain wa al-na’layn). Abu Dawood says that Ali (ra), Abdullah ibn Mas’ud (ra), Bara’ ibn ‘azab (ra), Anas ibn Malik (ra), Abu Amamah (ra), Suhail bin Sa’d (ra) and ‘Umar bin Harith (ra) all did masah on socks and this act is also related from ‘Umar (ra) and ‘Abbas (ra). Furthermore Baihaqi relates from Ibn ‘Abbas (ra) and Anas bin Malik (ra) and Tahawi relates from Ovais ibn Aus that prophet Muhammad (saw) performed masah only on his shoes. There is no mention of socks in these narrations and the same act is narrated by ‘Ali (ra). These narrations prove that not only is masah on socks permissible but masah on shoes worn on socks is also permissible. None of these narrations mention the prophet Muhammad (saw) had put conditions on performing masah like fuqaha have put conditions. Moreover none of these narrations mention the material out of which the socks were made on which the prophet Muhammad (saw) and Sahabah (Companions) did masah.

Because of this I am compelled to say that there is no basis for the conditions which the fuqaha have put on masah of socks and thus if anyone does not follow their conditions then he will not be sinful. The summary of this research is that masah can be done on all forms of socks whether they are made of wool, cotton, nylon or of some other material, leather or oilcloth. In fact if cloth is wrapped around the feet then masah on it is also permissible.”

Apart from him, Allama Ibn Taymiyyah has also given the same fatwa in volume 2 of his fatawa book. Hafiz ibn Qayyim and Allama Ibn Hazm have the same ruling that masah can be performed on any type of socks without any restriction.

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Answer

No Imams, Mujtahideen have regarded it permissible to do masah on the type of wollen, cotton and nylon socks that are available today. You have understood it incorrectly that there is a difference of opinion regarding this matter. In fact the opinion of impermissibility is unanimous regarding such thin socks. This is what Malik al ‘Ulema Kasani (ra) writes:

“So if socks are so thin that water can be strained through them then as per ijma masah on them is impermissible.” (Bada’i al-sana’i vol.1 page 10)

‘Allama Ibn Najeem (ra) writes:

ولا یجوز المسح علی الجورب الرقیق من غز ل اوشعر بلا خلاف ولو کان ثخینا یمشی معة فرسخا فضا عدا فعلی الخلاف

“It is not permissible to do masah on a sock made out of  hair Ghazl (i.e. cotton, wool etc) and that is without any disagreement among the ‘ulema. If the sock is thick and it is possible to walk with it about 3 miles, then there is a disagreement.” (al-Jar al-Raiq Vol.1 pg 192)

This shows that the socks which do not have to condition of “thakheen” ( ثخین ) i.e. water can be strained through them or they need to be tied because they cant stay upright because of their thickness or one cant walk a mile in them without shoes then masah on them is not permissible in the madhhab of any mujtahid. Yes, the socks which fulfill all these three conditions, there is a difference of opinion regarding masah on them.

As far as Syed Abu al-’ala Maududi is concerned, he has taken a different path from the majority and this matter is one such place where he adopted an opinion different from the majority fuqaha. This is a serious mistake on his part. The arguments of Maududi which you have presented show that he did not try to understand the reality of this matter in its entirety. For your satisfaction the gist of the matter is explained hereunder.

The Qur’an in Surah Maidah has defined a method to do wudhu which includes the command to wash your feet and not to do masah on them. Hence, according to the Qur’an, feet are to be washed whenever wudhu is performed and masah would be impermissible in any situation even if a person is wearing leather socks. But the permissibility to do masah on leather socks is given so that masah is done on such socks and this permission has been given by the prophet Muhammad (saw) in tawatir manner and is undeniable.

If masah on leather socks was mentioned in only 2 or 3 ahadith then the permissibility of masah would not have been given because no alteration can be made in the order of the Qur’an based on khabar ahad. But because the ahadith of masah on leather socks are mutawatir, that is why in light of these mutawatir ahadith it has become the ijma of entire ummah that the verse of the Qur’an is special to the case when a person is not wearing leather socks.

Hence Imam Abu Hanifa (rh) states:

“I was not convinced about masah on leather socks till the time I did not have evidence for it which was as clear as the sunlight in the day.” (al-Jara al-Ra’iq Vol.1 pg 731)

80 Companions (ra) have related the order of masah on leather socks. Ibn Hajar (rh), in Fath al-Bari Vol.1 pg 176 writes:

“A large group of huffaz have attested that the order of masah is mutawatir and some collected the sahabah (ra) who narrated these traditions and the number of sahabah was more than 80 including ‘ashara mubashara.

And Hasan Basri says:

“If the issue of masah on leather socks was not proven through tawatir or excess narrations then there would have been no place for any alteration or extension of the Qur’anic order to wash feet.” (Talkhees al-Jabeer Vol.1 pg 158; Bada’i Vol.1 pg 7)

Hence Imam Abu Yusuf (rh) states:

“Qur’anic order can only be abrogated by Sunnah of the Prophet (saw) only when it is proven by tawatir like in the case of masah on leather socks” (Ahkam al-Qur’an lil Jassas Vol.2 pg 425)

The summary is that the order of the Qur’an is not something which can be limited to certain conditions based on 2 or 3 ahadith. For this to be done it should be proven by tawatir like the issue of masah on leather socks is proven in ahadith. Now as far as the issue of leather socks are concerned, it is established by tawatir the the prophet Muhammad (saw) did masah on leather socks and even told the companions (ra) to do it. But for socks made of other materials, no such tawatir is present. “Khufain” in Arabic language refers only to leather socks and socks made out of cloth cannot be called “Khuff”. Thus this permissibility is only for leather socks. For other types of socks, the command by the Qur’an to wash the feet will be followed. However, if the material of the socks are so thick (Thakheen) that their characteristics are at par with leather socks, which means water cannot be strained through them and to keep them erect one does not need to tie them and one can walk a mile or two in them, then there is a difference of opinion among the fuqaha regarding this matter. Some have stated that because such socks come under the meaning of leather socks, hence masah on them should also be permissible. And some have stated that because only masah on leather socks is established by tawatir, hence masah on anything else is impermissible.

Now socks are therefore of three types as far as the issue of masah is concerned:

a) Leather socks which are called “Khufain”; masah is permissible on them unanimously.

b) Thin socks which are not of leather and neither are characteristics of leather are found in them, like the socks of cotton, wool and nylon that are available today, the ijma on them is that on these masah is not permissible. This is because masah on them is not proven by such evidence, in light of which, the command of washing feet in the Qur’an can be left.

c)Those socks that are not of leather but their thickness give them characteristics of leather socks. There is difference of opinion regarding masah on them.

The gist of the entire matter is that those socks which are not made of leather, on them there is no difference in the mujtahideen regarding lack of reason for doing masah. And this is due to the fact that the command to wash feet in the Qur’an cannot be left unless proven by tawatir evidence like the reason to do masah on leather socks is proven. Hence the conditions which fuqaha have applied, on socks made out of material other than leather, are not due to their whims and desires but to determine whether such socks have the characteristics of leather socks and there has been a difference of opinion in this matter as well whether doing masah on socks that have passed the conditions is permissible or not.

After understanding the reality of the matter, now see those narrations in which masah on socks (jurbain) is mentions. In the entire ocean of ahadith there are only a total of 3 ahadith. One is from Bilal (ra), one from Abu Musa Ash’ari (ra) and one from Mugheera bin Shu’ba (ra).

Hadith by Bilal (ra) is in Mun’ajam Sagheer Tabrani and the one by Abu Musa Ash’ari (ra) is in Ibn Majah and Baihaqi etc. Hafiz Zail’ee (rh), in Nasb al-Rayah Vol.1 pg 183-4, has proven both these ahadith to have da’eef (weak) sanad (chain of narrators).

Abud Dawood says regarding the hadith of Abu Musa Ash’ari (ra) لیس بالمتصل ولا بالقوی “It is not strong.” (Bazal al-Majhood Vol.1 pg 96).

Hence both these ahadith are out of the discussion.

Now what remains is the hadith by Mugheera bin Shu’ba (ra). The issue of this hadith is that although Imam Tirmidhi (rh) has stated that it is hasan sahih, other prominent muhaditheen have strongly criticized this classification by Imam Tirmidhi (rh).

Imam Abu Dawood (rh) quotes the hadith and writes:

“Abdul Rahman bin Mahdi would not narrate this hadith because the famous ahadith from Mugheera are regarding masah on leather socks.” (Bazal al-Majhood Vol.1 pg 96)

Imam Nasai in Sunan Kubra writes:

“Apart from Abu Qays, no one else has narrated this tradition and no other narrator supports this according to my knowledge. However the sahih narration from Mugheera is about masah on leather socks.” (Nasb al-Rayah Vol.1 pg 183)

Other than this, Imam Muslim (rh), Imam Baihaqi (rh), Sufyan Thawri (rh), Imam Ahmed (rh), Yahya bin Mu’een (rh), Ali bin al-Madni (rh) and other muhaditheen have declared this hadith da’eef (weak) on basis of the weakness of Abu Qays and Huzayl bin Sharjeel.

Imam Nawawi (rh) in his sharh of Sahih Muslim writes:

“Those people who declared this hadith weak, if each one of them would have been alone, even then they would hold more weight over Imam Tirmidhi (rh). Moreover, the principle is that jarh is given preference to ta’deel and huffaz of Hadith are unanimous over the weakness of this hadith. Therefore, Tirmidhi’s opinion that this hadith is hasan sahih, is not acceptable.” (Nasb al-Rayah Vol.1 pg 183)

This is the value of the isnad of this hadith which Maududi has presented as evidence for his opinion. You saw that this hadith is da’eef and not acceptable to majority of huffaz of hadith.

Secondly, if for argument’s sake, we accept the classification of Imam Tirmidhi (rh) and say that this hadith is hasan sahih, so in the entire ocean of ahadith this would be the one and only narration in which prophet Muhammad (saw) performed masah on socks.

Now how can we leave the clear command in the Qur’an to wash the feet because of this one solitary hadith which has been severely criticized by muhaditheen?

It has been seen that the matter of masah on leather socks was only established when the ahadith regarding it reached the level of tawatir and Imam Abu Yusuf states that if the issue of masah on leather socks was not proven by so many ahadith then there was no room to leave out the washing of feet as commanded by the Qur’an. The command of masah on socks is only mentioned in 3 ahadith. 2 of them have been unanimously declared da’eef and the third one is declared da’eef by the majority of muhaditheen. Only Imam Tirmidhi (rh) classified it as sahih. On the basis of such a narration, no restriction can be placed on a command by the Qur’an.

Thus Imam Abu Bakr Jassas (rh) says:

“The reality of the matter is the verse refers to washing the feet like stated earlier. Hence, if it was not proven through mutawatir ahadith of prophet Muhammad (saw) regarding masah of leather socks, then we would never have said that masah on leather socks is permissible…..and because masah on socks (made out of cloth) are not related in the same manner like the one regarding leather socks, thus here we have upheld the order in the Qur’anic verse to wash the feet.” (Ahkam al-Qur’an lil Jassas Vol.2 pg 428)

Now the question remains that those Sahabah (ra) who performed masah on socks or permitted it, for what reason did they do this.

The answer is that the sahabah (ra) did not state anywhere that these socks were made of thin cloth material. And unless this is not stated anywhere then how can one prove the permissibility of doing masah on these socks?

The famous ‘alim of ahl-e-hadith Allama Shams-ul-Haq Azeem Abadi writes:

“Socks are made of leather, wool, cotton and all of them are called ’socks’. And masah on any type of socks cannot be proven until it is not proven that prophet Muhammad (saw) did masah on wollen socks.” (‘Awn al-Ma’bood Vol.1 pg 62)

On the contrary it is proven that these people who did masah on socks, they were either made of leather or were like leather socks because of their thickness and they had the characteristics of leather socks. This is why Ibn Abi Sheeba narrates:

“Sa’eed bin Museet (rh) and Hasan Basri (rh) said that masah on socks is permissible on the condition that they are very thick.” (Musanif ibn Abi Sheeba Vol.1 pg 188)

It is to be noted that the words in the narration is Thawb Safeeq (ثوب صفیق) which means that cloth which is highly strong, durable and firm. For reference please check Qamoos and Mukhtaar al-Sahaah etc.

Hasan Basri (rh) and Sa’eed bin al-Museeb (rh) both were famous and prominent tab’een and they gave this fatwa after witnessing the act practiced by the sahabah (ra).

Hence, by the practice of these people and their fatwa, it is established that those socks which due to their thickness have similar characteristics of leather socks, masah on them is permissible. And to clarify this thickness of the socks, I have mentioned the 3 conditions: that water cannot be strained through them, they would stay erect due to their thickness and thus need not be tied, and third that one can walk a mile or two wearing them. Such socks fall under the same category of leather socks and based on this, as well as the actions of the sahabah (ra), the majority of the fuqaha have included them in the ruling of masah on leather socks. Hence Allama Ibn al-Hamaam writes:

“There is not doubt the permissibility of masah on leather socks was established without qiyas and hence qiyas of anything else cannot be done on them except if they enter the meaning of leather socks and by Khufeen, such socks are meant which have covered the feet completely and it would be possible to continuously walk in them during travelling.” (Fath al-Qadeer Vol.1 pg 109)

So it is incorrect to state permissibility to do masah on any type of socks is established in hadith and thus the fuqaha who put conditions on them are wrong and did it just by themselves without any evidence. The reality of the matter is that the command to wash feet cannot be left unless it is proven through mutawatir ahadith. Because such ahadith were present in the case of leather socks, hence masah was allowed in its case. But regarding socks of any other material, no such hadith is present that can be unanimously declared sahih hence masah on them cannot be allowed except for those socks which fall under the same category of leather socks because of their characteristics. And because from the sahabah (ra) and tab’een, masah on such socks was established, hence majority of fuqaha permitted it and defined the 3 conditions which would prove something to fall under the same category as leather socks. Thus ijma of all mujtahideen is held.

As far as Ibn Hazm (rh) or Ibn Taymiyyah (rh) or Ibn Qayyim (rh) are concerned, their high status is in its place but they have taken positions contrary to the majority in many matters which the Ummah have rejected. Especially in this matter where they have provided no evidence for their ruling. Hence on the basis of an opinion from only these 3 people against the unanimous opinion from all others, the command of the Qur’an to wash the feet cannot be left out. And there is absolutely no basis whatsoever on the “ijtihad” of wrapping cloth around feet and doing masah on them. Allegations are raised against fuqaha by some that they have no evidence for their stand even though you have witnessed the undeniable evidence in this reply. On the other hand these same people do their own “ijtihad” in which you can wrap your feet with a cloth for no reason and do masah on them. Is there any source for this to omit the command of the Qur’an to wash feet?

The extract which you presented of Maududi has the issue of masah on shoes also in it. So now the reality of that matter will be discussed in short here in the end.

If socks are thick then there are fuqaha who agree to the legality of performing masah on them. However, masah on shoes is not permissible in any madhhab of the imams.

In Ma’ruf ul San Vol.1 pg 347 it is written:

“None of the imams agreed on the permissibility of doing masah on shoes.”

The reason for this is that masah on shoes is proven by the prophet Muhammad (saw) at such a time when he (saw) was already in a state of wudhu but would do a new wudhu for a new salah. In such a condition, because he (saw) was already in a state of wudhu, he (saw) would do masah on shoes instead of washing his feet.

Thus there is a narration in Sahih Ibn Huzaima Vol.1 pg 100:

“Ali (ra) asked for a glass of water and did a concise wudhu and did masah on his shoes. He then said: ‘Prophet Muhammad (saw) used to do wudhu just like this when the previous wudhu was intact and not invalidated.’”

After this clarification it is clear that there is no room for a person who is without wudhu to do masah on his shoes when doing wudhu.

Conclusion:

All fuqaha unanimously agree that masah on thin socks through which water can be strained, need to be tied to stay erect and cannot be used to walk a mile or two is not permissible and neither is masah on shoes permissible. And because the socks we have today are thin and they do not pass the 3 conditions stated, hence masah on them is not permissible under any condition. The person who does masah on them, then according to Imam Abu Hanifa, Imam Shafi’i, Imam Malik and Imam Ahmed, in fact according to any mujtahid, the wudhu of such a person will be invalid.

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Mufti Taqi Uthmani