RIP Hajj Muhammad Yaqoob – father of Rashad and Salma Yaqoob

November 14, 2014

Bismillah. A touching piece by Rashad Yaqoob:

Please circulate to all concerned parties. It is very difficult to inform all my friends relatives and acquaintances of the passing of my dear father. Please spread the word . We ask all of you to make dua for him as many people have expressed concern that the news did not reach them. Public meeting at Paigham-e-Islam mosque Stratford Rd Sparkhill Birmingham where dad was Chairman, this sat at 630 pm

My dear father Hajj Muhammad Yaqoob born on 10th July 1935, left this world on Sunday 2nd November 2014 at zuhr time whilst making ablution for prayers in his local mosque.

It is at times of such loss that the importance of our contribution to humanity becomes the only issue of importance and business and work important yet a means to an end.

My father provided me with the earliest memories of an activist, a revolutionary, a thinker and someone who refused to accept the status quo.

I have vivid memories of buying him his daily Jang to keep him informed of his homeland in a language I was yet to perceive. He was unrelenting on his questioning of the printed and more recently televised world. Despite his linguistic talents in English Urdu Farsi and Arabic , often quoting Iqbal, Rumi and Shakespeare to my ignorant ears he displayed a passion for the mystical as well as the pragmatic revolutionary in his Bond of Mayfair threadbare red tartan nightgown.

I don’t recall him ever with hair on his head, always bald despite a picture in noire which shows a dashing young 60s man with thick jet black hair whom I never reconciled with my older looking dad.

I recall the thickness of the skin on his feet as we massaged them after his overtime shifts at the Royal Mail, and walking on his back and legs to ease his pain, a routine which as a 12 year old I never questioned as mom instructed us and as a teenager I reluctantly executed due to selfishness and teenage sloth.

He forced us on a diet of English Grammar and literature to practice the 11 plus at a time when holidays for were an opportunity for time and a half , and like all rebellious youth i resented his obsession with all things academic, a frustrated headmaster from Gujarkhan who had emigrated to England for medical treatment alone and traded scholarship with factory labour.

A trade off which he never complained about or requested acknowledgement. The respective strains of massaging him were I supposed the confirmation that we all 7 of us did acknowledge our debt, and his sacrifice.

He named me in true theatrical fashion after Rashad Minhas, a Pak airforce pilot who downed his aircraft to prevent a saboteur co pilot from stealing the jet across to enemy territory. They say names are important as they set the tone … He wanted Rashad’s martyrdom and valour perhaps to imbibe my soul.

As the eldest son of 3 sisters and four brothers I know as I am sure my other siblings will challenge that I was his favourite even though he was too busy working to attend my birth, delegating the azaan to my mamoo in Bradford where mom was visiting her sis while they were resided and settled in St Albans.

He walked with a noticeable limp something my siblings and I secretly emulated and I possibly was embarrassed about as a kid. It took several decades to appreciate that limp which followed rickets as a child and a 20 ft fall off a roof in Pak was a sign of this man’s stoic resilience. He came alone to the land of hope and glory to fix his leg saving his last few headmaster rupee earnings without any wife, father or friend.

Instead of returning due to extended medical treatment to break and fix the bow of his leg he had to take labour jobs in lister mills in Bradford in jobs which as an academic he was ill-equipped to handle . He was never one of the lads, always preferring the company of heavy books rather than ‘fazool baathe’ [idle talk]. However his language skills caught the gaffer’s eye and he moved quickly into translatory roles and documenting the applications and immigration requirements of his unlettered comrades.

Thus this gave him the lofty title of ‘Maaster Sahib’ from St Albans, Birmingham to Bradford from those he served .

He established a mosque in Sparkhill, he established a school by offering his house in Gujarkhan to the AlHijra school charity which he was visiting this week for orphans and talented youngsters in the neighbourhood who can’t afford private fees yet he still failed up pass his driving test 7 times until he deferred to mom’s superior navigation abilities and preferred to be a co-driver from the passenger seat with a supreme judge authority of how one should drive a motor car.

He was the last of the Godfather generation, he was 82, he said to me overdue to visit his maker since his bypass 15 yrs ago. I used to stress to my other half that I fear his time is up and we should not move to london back in the day yet he outstripped all his younger siblings bar one.

My last encounter was approximately a week and a half ago in his bedroom in the house he always referred to as Rash’s house because of my attempts to have moved him from our terraced Victorian maze of a house to a corner plot next to my sister Sally’s [Salma Yaqoob] following a good spell in earnings. Reality was this short yet stoic man never borrowed a penny from a bank, devoured a pound of interest and saved his meagre Royal Mail income to buy one, then two, properties in cash after years of slum dog property renting often sharing bathrooms and kitchens with other ‘undesirables’ such as the Irish and blacks in the 60s and 70s.

He being a model tenant impressed his only landlord who happened up be Muslim. Tekdaar sahib who having witnessed the loss of Pakistani immigrants to teddy boy culture decided this quiet and pensive man befitted his daughter.

Dad obliged and in true 60s style bought an Austin Cambridge new and got his then hoodlum bus driver brother Ayub (chaacha) to drive him to Pak by road where said Austin made it without drama until it ditched in the village mud road.

There he married mom that led to the genetic expansion that straddles two decades of 7 siblings.

I took him on umrah in April and to Palestine where he shed tears in front of the martyrs’ wall and translated his vista of book knowledge into architectural history before my eyes. The accurate picture was that he did not allow me to even find his trip instead insisting he pay as for me as he was my father and he was still a man of means Mashallah with his Royal Mail pension. Now I treasure those small narrations, walking him to the mosque, managing his toilet breaks with a weakening bladder, tolerating his frustrations at not being able to reach the black stone with his fraying limbs.

As he rocked on the edge of the bed and asked me for the last time a week and a half ago to do his back almost in a child like manner, the penny finally dropped. His job was done in this world, his battered frame had taken him to ends of the world that the young, wide eyed and flat nosed mohammed could not have imagined, he had been my father, my protector, my provider, my educator, my facilitator and now he was my friend, under my protection wanting only to know I was ok and that my life was happy and moral.

I never saw him miss a prayer, a fast, [omit to] pay his welfare tax or lie, cheat or misrepresent or resort to hyperbole. Understated and humble his motto was ‘kar ke dakaoo’ lead by action…. And ‘aage dekaw peeche Nehru’. Look ahead not backwards.

I am in a good place with him despite my heart trembling as I get off this plane and embrace my mother who is now without companion. This is because my massaging tired hands told him I loved him, I acknowledged my debt to him, that I respected him for all he had done and the prayers he continues to make.

He forced me to leave, full of concern always for my welfare and I leaned in and kissed his shiny forehead and hugged him close without a word and tucked him in and wished him safe travel to Pakistan saying enjoy your trip to your motherland .

The mother land decided her child should return and took him at 2 pm whilst making wudu at a mosque I am yet to visit.

A most befitting last act for a man who is in my veins, my heart and my soul. I carry his mantle of trust with his name and hope to be a befitting emissary to pass on his legacy to my children.

I look forward to seeing you dad in a few hours where I know you will be in the the best of sleeps, without any arthritis pain and in a rush to meet your Sustainer.

From Him you came and into Him we humbly deliver you.

Salaam my father.

May your example inspire us all to express our feelings to parents we still have x

May I live up to the words of one of your favourite intellects and poets Allama Iqbal who inspires me to attempt to live a life which is limitless and to rock the world just a little towards a path of justice and equilibrium:

‘Khudi ko kar buland itna ke har Taqdeer se Pehle
Khuda bande se khud pooche bata Teri Raza kya hai’

‘Elevate yourself so high that even God, before issuing every decree of destiny, should ask of his created being, tell me what is it that you desire ?’

‘Tundi e Band E Mukhalif de na ghabra, Uqaab
Yeh to chalti hai tujhe uncha udane me liye ‘

‘Don’t you get frightened of these furious, violent gusts of wind O Eagle! These blow only to make you fly higher’

Phir milenge inshallah [we will meet again, God-willing] under the ‘shady tree’

Your son

I am back in london receiving people at home by appointment.

Make dua [prayers] for him and his surviving family:

Mrs Gulzarda Yaqoob
Dr Najma Siddiqui
Salma Yaqoob
Rashad Yaqoob
Farrukh Haroon
Dr Fozia Yaqoob
Khurram Yaqoob
Dr Hassan Yaqoob

Regards

Rashad Yaqoob

Abortion – Rulings in Islamic Jurisprudence and Muslim-majority countries

October 23, 2014

Bismillah.  Here is a translation I put together for my presentation at the International Summer School on Science and Religion, Paris, August 2014.

The discussion is interesting because these Sharia scholars refer to the modern science of embryology in their discussion, although there are one or two minor errors in the scientific references.  The traditional juristic positions are based on Qur’an/Hadith, so abortion is prohibited after 0, 40 or 120 days, with some exceptions.  Thus the hadiths are not conclusive.  But the science is not conclusive either as to “beginning of life”: people make a case for 0 days (conception), 40 days (foetal brain activity) or 120 days (development of major organs).  Note that the latter two views are relevant to “end of life” discussions also, i.e. brain-death vs. organ-death.  In the end, this is a complex ethical problem with medical and religious input: the material provided below is intended to educate, clarify and provoke thought and debate around this difficult topic.

Rulings on Abortion – Islamic Jurisprudence (PDF)

Abortion laws in OIC countries – summary (PDF with UK, US & France for comparison; the 7 most common justifications for abortion in legal systems around the world are interesting, according to the UN; research by Sofia Patel)

[Update 26/10/2014:]

Here are some suggested study/discussion questions:

1. What does Islamic tradition say about the beginning of life? (0 days = conception; 40-49 days = 6-7 weeks; 120 days = 4 months = 17 weeks 1 day)

2. Are the hadiths about ensoulment after 40 or 120 days related to Aristotle’s view (40 days for boys; 80 days for girls) ?  Do these have a common origin (e.g. divine revelation), or did Greek ideas influence the transmission of some hadiths?

3. Is Ibn al-Qayyim’s comparison of pre-ensoulment foetal life to plant life valid? Is this related to the Ikhwan al-Safa’s theory about mineral/plant/animal/human soul, all derived from the Cosmic Spirit?

4. Is abortion ever justifiable in Islam?  If so, under what conditions?

5. How far are the 7 international legal justifications for abortion, listed by the UN, compatible with the holistic, universal objectives of Islamic law (maqasid al-sharia) ?

6. Islamic jurists often speak about the danger to a mother’s life or health in discussions about abortion.  Are considerations of a mother’s mental health also relevant or included in such discussions?

7. Are there are any other considerations regarding the welfare (maslaha) of mother and foetus/child, consistent with the letter and spirit of Islamic law, that should be taken into account in such discussions?

With the Name of God, All-Merciful, Most Merciful

 

ABORTION, STAGES OF THE EMBRYO AND THE BEGINNING OF LIFE

 

Summarised from: Dr. Ali Muhyi l-Din al-Qarahdaghi & Dr. Ali Yusuf al-Muhammadi, Fiqh al-Qadaya al-Tibbiyyah al-Mu’asirah (Jurisprudence of Contemporary Medical Issues), Dar al-Basha’ir al-Islamiyyah, Beirut, 1426/2005, pp. 428-451

 

Summary and translation by Dr. Usama Hasan

August 2014

 

 

Contents

 

1        A General Ruling on Abortion. 2

 

2        Specific Rulings on Abortion, related to the Stages of the Embryo. 2

 

2.1        The “mixed fluid” stage (al-nutfah al-amshaj): days 0-8. 3

2.2        The “clinging” stage (al-‘alaqah): days 9-22/23. 3

2.3        The “chewed lump” stage (al-mudghah): days 23/24-42, i.e. up to 6 weeks. 3

2.4        The stage of the creation of bones, and the clothing of them with flesh. 4

2.5        When is the spirit breathed in? [ensoulment] 4

2.6        [The view of modern science] 5

2.7        Our view.. 5

 

3        Rulings on Abortion. 7

 

3.1        [Fatwa of the Islamic Fiqh Academy] 8

3.2        [Resolution of the Islamic Organisation for Medical Sciences] 8

3.3        Views of past jurists about abortion. 8

3.4        [Discussion] 9

3.4.1        [Abortion is prohibited in general, as per Ghazzali’s view] 9

3.4.2        [Ibn Taymiyyah’s view] 10

3.5        Summarised Juristic Rulings Related to Foetuses. 10

3.6        The Ruling on Abortion due to Deformities. 11

 

 


1. A General Ruling on Abortion

Abortion is, in general, haram (morally and legally prohibited and sinful) unless out of necessity due to the mother’s life: abortion is allowed if the mother’s life is in danger, or if she is in danger of great and severe harm.

 

This is indicated by all the Qur’anic verses that prohibit transgression on any person’s life in any stage of life, e.g. Whoever kills one person … it is as though he has killed all people;[1] Do not kill your children due to poverty: we sustain you and them;[2] Do not kill your children due to fear of poverty: we sustain them and you.[3]

 

As for abortion being allowed to save the mother’s life, this is from the evidence indicating that the foetus owes its existence to the mother so it cannot cause her death; also, her life is real and stable, and is therefore preferred over the foetus’ life that is not certain. This falls under repelling a greater harm by tolerating a lesser harm.[4]

 

2. Specific Rulings on Abortion, related to the Stages of the Embryo 

The specific ruling on abortion is connected to the stages of the embryo, from the fertilisation of ovum by sperm to the breathing of the spirit into it and the completion of these stages.

 

The Qur’an mentions that the human was created from dust that turned to dry clay. Clay includes various minerals such as iron, phosphorus, calcium, copper, etc. It also has subtle plant-like and animal-like structures. God created Adam from this clay, and from Adam He created Eve. Then natural reproduction continued with the mixing of the man’s semen and the woman’s ovum, each one of them contributing 23 chromosomes to the genetic code. God calls this the “mixed fluid.”[5] This is the basis of the creation of humans, except for the miraculous creation of Jesus, peace be upon him.[6]

 

The stages of the embryo, [that give rise to] the ruling on abortion at each stage, are as follows:

 

2.1    The “mixed fluid” stage (al-nutfah al-amshaj)[7]: days 0-8

 

This is the fertilisation of the ovum by sperm, and may be done artificially outside the womb. The fertilised cell divides, becoming 16 cells after about 4 days. These settle in what the Qur’an calls a “safe place,” i.e. the womb: Then We made him a drop of fluid in a safe place.[8]

 

2.2    The “clinging” stage (al-‘alaqah): days 9-22/23

 

God described this stage with “creation”[9] whereas the previous stage was described as “making,” indicating that this stage has characteristics and changes that make it deserving of such a label.[10]

 

The ‘alaqah linguistically relates to “clinging,” i.e. to the womb wall. The group of cells that developed by division from a single one are composed essentially of a nucleus and cytoplasm, having no limbs or other distinguishing structures of a human body, but they suck their necessary sustenance and oxygen inside the womb from the structures and fluids around them.[11] This stage lasts 2 weeks.

 

2.3    The “chewed lump” stage (al-mudghah): days 23/24-42, i.e. up to 6 weeks

 

This stage is so named[12] because the embryo looks like it has been chewed by a human mouth. During this stage, the heart cavity forms, as do the reproductive organs. The small umbilical cord, which grows as the foetus develops, transports the necessary sustenance and oxygen to the foetus from the mother and its waste products in the other direction.

 

All the stages, up to and including this one, end around 40-42 days, as stated by specialist doctors and embryologists. Around 42 days, a new stage of development begins, when the embryo begins to take the form of a human being with all its apparatus, following which the stage of a new creation beings after the breathing of the spirit: We clothed the bones with flesh, then We began a new creation – so Blessed is God, the Best of Creators![13]

 

Scientific instruments and investigation, as well as imaging of the foetus inside the womb, have all shown us that the foetus takes the form of a human after the sixth week, i.e. after about 42 days of pregnancy,[14] and this is also indicated by the hadith of Sahih Muslim (see below).

 

2.4    The stage of the creation of bones, and the clothing of them with flesh

 

The skeleton begins to become apparent after 40 days. Its initial centres of development are the jaw and collar-bone, followed by the thigh and shin.

 

2.5    When is the spirit breathed in? [ensoulment]

 

[Canonical hadiths speak of three stages of creation of the foetus, each lasting 40 days, after which there is ensoulment. However, the hadiths are slightly ambiguous as to whether these three stages are consecutive or parallel. Respectively, these two interpretational possibilities imply ensoulment after 120 days or 40 days, and traditional authorities are indeed divided into two camps about this. Interestingly, Aristotle taught that ensoulment for boys and girls occurred after 40 days and 80 days, respectively. – Translator’s note]

 

All the stages, up to and including this one, end around 40-42 days, as stated by specialist doctors and embryologists. Around 40-42 days, a new stage of development begins, when the embryo begins to take the form of a human being with all its apparatus, following which the stage of a new creation beings after the breathing of the spirit. The foetus takes the form of a tiny human after the sixth week, i.e. after about 42 days of pregnancy. This is also indicated by the various narrations of Sahih Muslim that mention the basic creation of a person in their mother’s womb taking 40, 42 or 45 days and nights. One narration mentions “40 plus a few nights.”[15]

 

Hafiz Ibn Hajar says, “Once the fluid remains in the womb for 40 days or nights, God gives permission for its [full] creation … this is when the angel descends upon it … The narrations of the hadith of Ibn Mas’ud agree on 40 days; the hadith of Anas does not mention any timing; the narrations of Hudhayfah’s hadith differ: some of them mention 40, others 42, 43, 45 or ‘40 plus a few’.”[16]

 

The scholars reconcile these narrations by saying that they may differ according to individual embryos; according to Qadi ‘Iyad, the narrations mean that the following stages occur at the beginning of the second period of 40 days, i.e. days 41-80.[17]

 

2.6    [The view of modern science]

 

In modern embryology, this period of days 40-49 is when the embryo becomes a foetus, and when ultrasound is able to detect the beating heart. The bone skeleton also begins to appear.[18] Hence, these narrations do not contradict.

 

Modern science also indicates that the initial creation (Stages 1-3) is completed in the first 40-odd days. However, one hadith in Bukhari and Muslim appears that to say that each of Stages 1-3 takes 40 days, after which the spirit is breathed in, i.e. after four months or 120 days.[19]

 

However, if we analyse this hadith carefully, we find it does not unequivocally indicate the meaning that the previous people of knowledge understood. In fact, its beginning agrees with the others hadiths of Sahih Muslim which say that all three stages are completed within the first 40-odd days. The word thumma can mean “then” for consecutive stages or “moreover” for simultaneous stages. “With such interpretations,” says the leading authority Dr. Muhammad Salam Madhkur, “the hadith agrees with modern medicine.”[20]

 

2.7    Our view

 

There are three major stages, based on our understanding of the hadith of Ibn Mas’ud in Bukhari:

 

  1. From the fertilised egg to the beginning of the small human form (0-40 days, roughly)
  2. Formation of a small human (40-120 days, roughly)
  3. Breathing of the spirit (ensoulment), i.e. 120 days onwards

 

Any intentional harm to the embryo is haram (prohibited) after 40 days.

 

In terms of life:

 

  1. 0-40 days – there is the lowest level of life, beginning with the developing cell life. Cell division leads to similar living cells that form a structure, but this does not reach the level of human life.
  2. Week 6: the foetus begins to take the form of a small human. Ultrasound detects its heart beating. Blood circulation begins to work. Major skeletal nodes appear.
  3. Week 7: Thigh and shin bones appear.
  4. Week 8: Upper and lower arm bones appear, as do weak, stretching movements.       However, this does not represent complex human life.
  5. End of Week 11- Week 12: the foetus enters a new, distinctive stage. Its brain is developed, its functions start: the beginning of a human entity emerges clearly, as follows. Movements develop from reflex reactions to complex, compound actions such as bending the back, raising the head, kicking the feet and moving the mouth and lips. Brain stem activity begins, sending electrical signals to the heart.       Periods of rest and stillness follow activity and movement: sleep and waking, sensation and shock, jump and play. Electrical signals appear that can be recorded and traced to the foetal brain, indicating surface brain activity.

 

However, the doctors say that the brain is not fully-formed in terms of its basic structure until the 4-month mark. Dr. Muhammad Ali Albar says, “At the end of the fourth month, the foetus can hear and make movements by its own will. Individual, personalised facial features appear. Do not all these indicate the breathing of the spirit?”

 

All this is the medical aspect of the issue, revealed by modern medicine and rare, modern instruments that monitor the development and movements of the embryo and foetus; none of these means were available in the past. If we analyse this modern knowledge and the hadiths on the subject, we find that there is no contradiction. In particular, only one hadith seems to mention three periods of 40 days; most of the narrations mention a total of 40, 42, 45 or 40-odd days.

 

Modern medicine does not speak about the spirit, which is mentioned in the hadith. Only God knows the nature and reality of this spirit.[21] The Messenger of God, peace be upon him, informed us that this spirit is breathed in after 120 days, so this must be affirmed.

 

Although bear in mind that only one narrator from Ibn Mas’ud, Zayd b. Wahb, mentioned the breathing of the spirit after 120 days; the rest of the narrators mentioned the writing of sustenance, lifetime and eventual misery or happiness, but did not mention the breathing of the spirit; neither did the other Companions who narrated the hadith: Ibn ‘Abbas mentioned it, but did not attribute it to the Prophet, peace be upon him.[22] It is possible to reconcile these two hadiths: the angel visits twice – once after 40 days to arrange the formation of the foetus and again after 120 days to breathe the spirit.[23] God knows best.

 

According to the doctors, life begins with a single cell but gradually develops into a full human life. The jurists draw the line (for full human life) at 120 days, which is when the spirit is breathed in. Similarly, all plants and animals enjoy life but do not benefit from the spirit of God that is breathed into humans, and on the basis of which the angels were commanded to prostrate to the human.[24]

 

The moment of breathing the spirit at 120 days is a matter of the unseen – humans and our medicine cannot know it, so we must accept it without interpretation or explanation, especially since it does not contradict modern science. After 120 days, the foetus is a complete human, deserving all that a human being enjoys after birth: respect, rights and the prohibition of harm against it.

 

Plant life has less power than animal life, which has less than human life. Animals may have more or less chromosomes: apes have more than other animals, whilst humans have the most at 46 chromosomes.[25]

 

Imam Ibn al-Qayyim mentions two types of embryonic life:

 

  • plant-like life before ensoulment, and
  • complete, human life after ensoulment.[26]

 

Foetal life after 40 days is complete in a material sense, just like complete animal life but more respected than the latter since it is in the fundamental human form. However, it lacks the divine breathing that bestows, and God knows best, the special human attributes such as knowledge, logical thinking, deduction and analysis as explained in the verses about the creation of Adam. God created Adam to settle in the world and civilise it and to be its steward, so He breathed His Spirit into him, taught him the Names. He gave him, along with knowledge and logical deduction, the capability to act. Along with intellect, He gave him choice and will. These higher attributes do not appear in the early stages of the foetus, but only after 120 days, e.g. voluntary movement etc.

 

3. Rulings on Abortion

It is undoubtedly haram (prohibited) to harm the embryo that is younger than 40 days. The prohibition becomes more severe after 40 days. The greatest prohibition occurs after 120 days, in which case killing the foetus would be like murdering an independent human being. These levels of prohibition are appropriate in Islam to describe the size of the crime and its effects.

 

3.1    [Fatwa of the Islamic Fiqh Academy]

 

The Islamic Fiqh Academy issued a ruling (no. 56-6/7) prohibiting abortion absolutely, and mandating medical techniques to save and protect the lives of embryos and foetuses. Furthermore, Ruling No. 113 (12/7) says in Clause 2 that, “The embryo has a right to life as soon as it is formed. It must not be harmed by abortion, or by any type of damage …”

 

3.2    [Resolution of the Islamic Organisation for Medical Sciences]

The Council on Conception, part of the Islamic Organisation for Medical Sciences, issued the following resolution: “The Council has considered contemporary medical, scientific realities explained by modern research and medical technology. It concluded that:

 

  • the foetus is alive from the beginning of pregnancy
  • its life is to be respected during all stages, and especially after ensoulment
  • transgression against the foetus by abortion is not permissible, except for an extreme medical necessity
  • some members disagreed, allowing abortion before 40 days, especially in case of a valid reason”[27]

 

3.3    Views of past jurists about abortion

 

  • The schools of jurisprudence in the past agreed that abortion was haram (prohibited) after 120 days.[28] Some of them even said that this was so when the mother’s life was in danger, e.g. Ibn ‘Abidin said, “If the foetus is alive, abortion is prohibited, since the mother’s death is hypothetical and it is not permissible to kill a human being on the basis of a whimsical matter.”[29] But if her death is certain or very likely, not simply hypothetical, then her life is to be given precedence over the foetus’, which may be aborted.
  • As for before ensoulment, most jurists regard abortion as prohibited (haram) also, unless it is to safeguard the mother. This is the view of the Malikis and Ibadis, the dominant view of the Hanafis and Shafi’is, one view of the Hanbalis and the apparent view of the Zahiris.[30] Some of the Hanafis, Shafi’is, Malikis and Hanbalis allowed abortion before ensoulment[31], as did the Zaydis on condition that both parents agreed. Some jurists, including Lakhmi (Maliki) and Abu Ishaq Marwazi (Shafi’i) allowed abortion before 40 days, but prohibited it thereafter.[32] Some Hanafis allowed abortion before ensoulment for a valid reason, even if it did not reach the level of necessity, whilst others specified the condition of necessity.[33] Some Shafi’is allowed abortion before ensoulment if the conception was via illegal extra-marital sex (zina: fornication or adultery).[34]

3.4    [Discussion]

 

The majority of jurists held that abortion was prohibited at any stage based on:

 

  • the verses prohibiting the taking of life, e.g. 6:151 and 17:33. A foetus is a life without doubt.
  • God forbade pilgrims from hunting (5:95), and the Prophet forbade the destruction of ostrich eggs by pilgrims, stipulating their value in compensation in cases of violation.[35] Malik said, “I have always heard that the compensation due upon a pilgrim for killing an ostrich is a camel. In case of an ostrich egg, my view is that the amount is a tenth of a camel’s value, just as the compensation for the foetus of a freewoman is to free a slave, male or female; these are worth 50 dinars, which is a tenth of his mother’s blood-money.”[36] Ibn al-Qasim said, “Malik compared the egg to a foetus,” i.e. in essence, like a foetus that is prohibited to harm.

 

3.4.1   [Abortion is prohibited in general, as per Ghazzali’s view]

 

Thus, the stronger view is that of the majority, i.e. that harming embryos is prohibited, even before ensoulment. One researcher who emphatically supported this position was Imam Ghazzali. In explaining the difference between coitus interruptus and abortion before ensoulment, he said: “The child is formed when the sperm enters the womb … Coitus interruptus is not like abortion or burying the infant alive because the latter two are crimes against an existing thing that is of different stages. The first stage is that the sperm enters the womb, mixes with the woman’s water and prepares to accept life: spoiling this would be a crime. Once it becomes a chewed lump and a suspended lump, the crime becomes more obscene, and even more so once ensoulment has taken place and the process of creation has levelled out. The extremity of such obscenity is once the foetus has become an independent life [i.e. been born as a baby].” He then mentioned that the beginning of the embryo’s existence is from the entry of semen into the womb.[37]

 

3.4.2   [Ibn Taymiyyah’s view]

 

Shaykh-ul-Islam Ibn Taymiyyah was asked about a man who said to his wife, “Abort your foetus: the sin is upon me.” If she does this, what expiation is due upon them both?

 

He answered: “They must free a believing slave: if they are unable to, they must both fast two months consecutively. In addition, they must give compensation to the heirs of the foetus who did not kill it: not to the father, for he ordered its killing, and so deserves nothing.” In answer to another question, he said, “Abortion is prohibited by the consensus of the Muslims: it is like burying children alive or killing them, which God has forbidden (81:8-9 & 17:31).”

 

He also said about a woman who aborted her foetus by striking her belly or by drinking medicine, “She must give compensation to the heirs of the foetus, other than the mother, by the Sunnah of the Messenger of God and the agreement of the Imams.”[38]

 

3.5    Summarised Juristic Rulings Related to Foetuses

 

  1. Blood-money and expiation if prohibited abortion is carried out: the perpetrator, whether father, mother or someone else, must pay the blood-money, which is a tenth of that of the mother according to the Malikis and Shafi’is; others distinguish between a male and female foetus.[39] According to the Shafi’is and Hanbalis, expiation is also due, being the freeing of a slave if possible, otherwise fasting for two consecutive months.[40]
  2. The waiting-period (‘iddah) of a widow or divorced woman ends by [termination of the pregnancy:] delivery of the child or abortion of the foetus.
  3. The father of the child must pay maintenance for the pregnant mother in case of divorce.[41]
  4. A pregnant woman may break her fast during Ramadan if she fears harm.[42]
  5. Delay of the punishment for extra-marital sex [i.e. flogging and/or stoning to death] whilst the woman is pregnant. [43]
  6. The foetus has incomplete personhood, so it has rights of inheritance etc.[44]

 

3.6    The Ruling on Abortion due to Deformities

 

The following declaration was issued by the Islamic Fiqh Academy of the Muslim World League:

 

The Academy analysed this matter during its twelfth meeting held in Mecca 15-22 Rajab 1410 H / 10-17 February 1990 CE. The council of religious scholars, after consultation with specialist medical experts who attended for this purpose, declares the following:

 

  • Once pregnancy reaches 120 days, abortion is not permissible, even if medical analysis shows that the foetus is deformed. The only exception is if it is established, by a medical panel consisting of reliable, specialist experts, that the continuation of pregnancy comprises a confirmed danger to the life of the mother, in which case abortion is allowed, whether or not the foetus is deformed, in order to repel the greater of two evils.
  • Before 120 days of pregnancy, if it is established and confirmed, by a medical panel consisting of reliable, specialist experts, using instrument-based monitoring, that the foetus is dangerously and incurably deformed, and that if it remains and is born to term, it will have a bad life, with both it and its family suffering much pain, then in that case: abortion is permissible if the parents request it. The academy, whilst making this declaration, advises the doctors and parents in such cases to save themselves from God, and to take every caution in this matter.

 

[1] Q. 5:32

[2] Q. 6:151

[3] Q. 17:31

[4] Ibn ‘Abidin 5/377, al-Sharh al-Kabir with commentary by Disuqi 4/268, Sharh al-Kharshi 5/274, al-Iqna’ 4/129, Kuwaiti Encyclopaedia of Jurisprudence 2/59.

[5] Q. 76:1

[6] Q. 3:59

[7] al-nutfah: the ejaculated fluid of the man or woman; amshaj: a mixture of the essential parts of a thing. See the lexicons al-Misbah al-Munir, Lisan al-‘Arab and al-Qamus al-Muhit.

[8] Q. 23:13

[9] Q. 23:14

[10] Muhammad Salam Madhkur, al-Jinin [Foetuses], 1389, p. 56

[11] Dr. Mukhtar al-Mahdi, The Beginning of Human Life, Book 2 of the Islamic Organisation for Medical Sciences, Kuwait, pp. 65 onwards.

[12] Q. 23:14 & 22:5

[13] Q. 23:14

[14] Papers by Dr. Hassan Hathout, Dr. Mukhtar al-Mahdi, Dr. Ahmad Shawqi, Dr. Muhammad Na’im Yasin & Dr. Abdullah Salamah.

[15] The Arabic for “a few” here is bid’, which refers to a single-digit number, i.e. 1-9 maximum. (Translator’s note)

[16] Fath al-Bari 11/480-1

[17] Fath al-Bari 11/481

[18] Dr. Mukhtar al-Mahdi’s paper, p. 65

[19] Fath al-Bari 11/481

[20] Al-Jinin (Foetuses), p. 54

[21] Q. 17:85

[22] Fath al-Bari 11/468

[23] Ibn al-Qayyim, Kitab al-Ruh [The Spirit], p. 205

[24] Q. 38:71-72

[25] This is not true: some apes have 48 chromosomes, with a very clear and close relationship to the 46 human chromosomes. (Translator’s note)

[26] Kitab al-Ruh, p. 38 & Shifa’ al-‘Alil, pp. 38-41

[27] Book 1, Islamic Organisation for Medical Sciences, p. 351

[28] Fath al-Qadir 2/495 [Hanafi], Hashiyah al-Disuqi 2/267 [Maliki], Nihayat al-Muhtaj 8/416, Al-Majmu’ 5/301 [Shafi’i], Al-Mughni 7/815 [Hanbali], Al-Muhalla 11/29-31 [Zahiri].

[29] Ibn ‘Abidin, Hashiyah, 1/602

[30] See sources previously cited.

[31] See sources previously cited; also al-Furu’ 6/191, al-Insaf 1/386

[32] See sources previously cited; also Rahuni’s commentary on Zurqani 3/264; Sharawani 6/248; Nihayat al-Muhtaj 8/416

[33] Ibn ‘Abidin 2/380

[34] Nihayat al-Muhtaj 8/416

[35] Ibn Majah, Sunan – Manasik 3077; Ahmad 744-5

[36] Al-Mudawwanah 2/437

[37] Ghazzali, Ihya’ ‘Ulum al-Din [Revival of the Religious Sciences], 2/53

[38] Ibn Taymiyyah, Majmu’ Fatawa [Collected Fatwas], 34/159-161

[39] Meaning that the blood-money for a male is double that of a female. (Translator’s note)

[40] See sources previously cited; also Bidayat al-Mujtahid 2/656

[41] This implies that this payment comes to an end upon abortion. (Translator’s note)

[42] This implies that this concession comes to an end upon abortion. (Translator’s note)

[43] This implies that this punishment is due upon abortion.  The authors are referring to ancient/mediaeval punishments, although the Ottomans abolished these in the mid-19th century, since they were no longer suitable for the age. (Translator’s note)

[44] See the brilliant book by our teacher, Muhammad Salam Madhkur: Al-Jinin [Foetuses], where he has explained this in detail.

Open letter to ISIS from UK Muslims

September 11, 2014

Bismillah.  – Please add a comment if you would like to add your name to the list of signatories.  Thanks!

With the Name of God, The Compassionate, The Merciful

Friday 5th September 2014

To Mr. Abu Bakr al-Baghdadi,

Leader of the self-styled and so-called “Islamic State,” being neither Islamic nor a state.

 

Peace be upon those who follow true guidance.

We, a group of British Muslims, would like to remind you on this holy day of ours (Friday) that the actions of your group are utterly wrong and evil according to the religion of Islam.

Your brutal massacres of innocent people (Sunni and Shia Muslims, Christians and Yazidis) and your enslavement of women and children run totally contrary to the Qur’an, which teaches that murder is like genocide (5:32) and that “there is no compulsion in religion,” (2:256) as you must know.

Your horrific violations of justice are totally anti-Islamic in spirit, betraying the peaceful message of Islam and of the overwhelming majority of Muslims worldwide, who do not subscribe to your hateful ideology.

Your group is an affront to the noble and holy name of the Prophet Muhammad, peace be upon him, who was “a mercy to the worlds” (21:107) and who taught that “All of creation is God’s family, and those most beloved to God are those who are kindest to His creation.”

We demand that you stop your vile crimes against humanity, disband your group and stop threatening the civilised world that Muslims and non-Muslims, in partnership, have spent centuries building.

Stop all these monstrosities, and stop carrying them out in the name of God, and in the name of following Islam and the holy Prophet Muhammad, peace be upon him and all of God’s messengers.

We, as British Muslims, are clear that being loyal citizens and contributing fruitfully to society is at the core of our faith.

We also demand that you stop the psychological grooming of our naïve and vulnerable young men and women into joining your bloodthirsty gangs, destroying their lives and those of their hard-working British families.

Know that your so-called “Islamic State” is doomed to failure because of its tyrannical nature, and that we, along with the rest of the civilised world, will continue to oppose and resist your madness in every possible way. “Truth has arrived, and falsehood has perished: for falsehood is, by its nature, always bound to perish.” (Qur’an 17:81)

 

Signed

  1. Sheikh Dr Usama Hasan – Imam, London
  2. Khalid Mahmood MP – Labour Member of Parliament for Perry Barr
  3. Ms. Sughra Ahmed, President, Islamic Society of Britain
  4. Sheikh Dr Hafiz Ather Hussain al-Azhari – Imam, Leicester
  5. Cllr Yakub Hanif al-Naqshbandi – Imam, Luton
  6. Ms. Sara Khan, Co-Director, Inspire
  7. Sheikh Irfan Chishti al-Azhari MBE – Imam, Greater Manchester
  8. Fiyaz Mughal OBE – Director of Tell MAMA (Monitoring Anti-Muslim Attacks)
  9. Mohammed Amin – mohammedamin.com, Manchester
  10. Ms. Kalsoom Bashir, Co-Director, Inspire
  11. Dilwar Hussain, Chair, New Horizons in British Islam
  12. Mohammed Abbasi – Director of the Association of British Muslims
  13. Ms. Khola Hasan, religious scholar, Essex
  14. Haras Rafiq – Co-Founder and former Executive Director Sufi Muslim Council
  15. Sheikh Dr Irfan al-Alawi – Executive Director, Islamic Heritage Research Foundation, Birmingham
  16. Ms. S. Patel MA – Scholar in Near and Middle East Studies, London
  17. Sheikh Osman Saeed Dar al-Azhari, Imam, Greater Manchester
  18. Maajid Nawaz – Chairman of Quilliam and LibDem Parliamentary Candidate for Hampstead and Kilburn, London
  19. Mufti Abu Layth, founder of The Islamic Council UK, Birmingham
  20. Syed Mohsin Abbas, Muslim Community Development Network, London
  21. Nadeem Afzal, social worker, Birmingham

 

Fatwa against ISIS

September 11, 2014

Bismillah.  – Please add a comment if you’re a religious scholar and would like to add your name to the list of signatories.  Female scholars are especially welcome.

WITH THE NAME OF GOD, MOST GRACIOUS, MOST MERCIFUL

FATWA ON THE SO-CALLED “ISLAMIC STATE” (FORMERLY “ISLAMIC STATE IN IRAQ & SYRIA”)

30th August 2014

Praise be to Allah, Lord of the Worlds. Peace and blessings be upon His final messenger Muhammad.

Due to recent events in the Middle East and their impact on some people in Britain, we as imams and scholars based in the UK, would like to issue the following clarifications in the form of a fatwa:

  1. There is no doubt that President Assad’s regime in Syria is oppressive, unjust and brutal, and has committed numerous atrocities against its own people.
  2. The same is true of the so-called “Islamic State” (IS) or self-styled “Caliphate,” formerly known as “The Islamic State in Iraq and Syria”: it is an oppressive and tyrannical group.
  3. By murdering prisoners of war, journalists and civilians, including mosque imams who refused to endorse their campaign, and by enslaving the women and children of their opponents, ISIS has violated international agreements such as the Geneva Conventions and conventions on slavery that everyone, including Muslims, have signed up to. God says in the Qur’an, “Believers, fulfil your covenants!” (5:1)
  4. The IS persecution and massacres of Shia Muslims, Christians and Yazidis is abhorrent and opposed to Islamic teachings and the Islamic tolerance displayed by great empires such as the Mughals and Ottomans.
  5. Based on all of the above: IS is a heretical, extremist organisation and it is religiously prohibited (haram) to support or join it; furthermore, it is an obligation on British Muslims to actively oppose its poisonous ideology, especially when this is promoted within Britain.
  6. British and other EU citizens are bound by their duties to their home countries according to Islamic theology and jurisprudence: it is therefore prohibited (haram) to travel to fight with any side in Syria, including non-state actors, since this is forbidden by laws in EU countries.
  7. It is a moral obligation upon British Muslims to help the Syrian and Iraqi people without betraying their own societies: “If they ask for your help in religion, you must help, except against a people with whom you have a treaty.” (Qur’an 8:72)

 

SIGNATORIES (as of 11th September 2014)

  1. Sheikh Mohammad Shahid Raza OBE, Executive secretary of the Muslim Law (Shariah) Council of UK; Head Imam at Leicester Central Mosque
  2. Sheikh Qamaruzzaman Azmi -Secretary General of the World Islamic Mission; Head Imam at Manchester Central Mosque
  3. Sheikh Muhammad Manwar Ali, founder and CEO of JIMAS, Ipswich
  4. Sheikh Dr Qari Mohammad Asim MBE, Head Imam at Makkah Masjid, Leeds
  5. Mufti Abu Layth, founder of The Islamic Council UK, Birmingham
  6. Sheikh Paul Salahuddin Armstrong, Co-Director of The Association of British Muslims, Birmingham
  7. Sheikh Dr Usama Hasan, Author of the fatwa, Head Theologian at Quilliam and Former Imam at Al-Tawhid Mosque, London
  8. Dr Musharraf Hussain Al-Azhari OBE DL, Chief Imam, Karimia Institute, Nottingham
  9. Sheikh Dr Hafiz Ather Hussain al-Azhari – Imam, Leicester
  10. Cllr Yakub Hanif al-Naqshbandi – Imam, Luton
  11. Sheikh Irfan Chishti al-Azhari MBE – Imam, Greater Manchester
  12. Sheikh Dr Irfan al-Alawi – Executive Director, Islamic Heritage Research Foundation, Birmingham
  13. Sheikh Osman Saeed Dar al-Azhari, Imam, Greater Manchester

The Black Flags of Khurasan

September 1, 2014

Bismillah al-Rahman al-Rahim

With the Name of God, All-Merciful, Most Merciful

PROPHECIES ABOUT THE ARMIES OF THE BLACK FLAGS OR BANNERS FROM KHURASAN AND THE EAST

Ottoman soldiers carry a black military flag or banner during the First World War

Ottoman soldiers carry a black military flag or banner during the First World War

Usama Hasan

1st September, 2014

(minor updates: 26/10/2014)

 The Black Flags of Khurasan (PDF)

Contents

1       SUMMARY. 2

2       Fabricated hadiths: pro- and anti- ‘Abbasid propaganda. 3

2.1         Pro-Abbasid fabrications. 3

2.2         Anti-Abbasid fabrications. 4

3       Weak hadiths about the black flags or banners from Khurasan. 5

3.1         Shawkani’s brief analysis. 7

3.2         Albani’s analysis of this hadith. 7

3.2.1          [Ibn Taymiyya on the allegedly blasphemous nature of the term, “caliph of God”]. 8

3.3         Conclusion. 9

4       Contemporary propaganda about black flags. 10

4.1         The Ottomans. 10

4.2         Bin Ladin. 10

4.3         The Taliban. 10

4.4         Harmajdun (Armageddon). 10

4.5         Hizb-ut-Tahrir (HT). 10

4.6         The Boston Bombers. 11

4.7         The Ahmadiyya. 11

4.8         Contemporary Jihadist groups. 11

 

1. SUMMARY

  1. Several hadiths or traditions in Sunni Muslim sources speak of the appearance of an army carrying black flags or banners from the East, specifically Khurasan (Khorasan), in support of an apocalyptic messianic figure, the Mahdi, at the end of time.
  2. Historic Khorasan is largely in modern-day Afghanistan, but parts of it are in modern-day Iran and Turkmenistan.[1] According to another author, Khurasan is a term for a historical region spanning northeastern and eastern Iran and parts of Turkmenistan, Uzbekistan, Tajikistan, Afghanistan, and northwestern Pakistan.[2]
  3. These traditions are attributed as prophecies to the Prophet Muhammad himself, peace be upon him, thus giving them a powerful resonance in the minds of many devout Muslims who hear them; in particular, modern extremist and terrorist groups regularly quote them.
  4. The traditions were first written down around the 3rd/9th century.
  5. From the earliest times until today, most Hadith scholars regarded these traditions as fabricated Abbasid propaganda that was never uttered by the Prophet. Some Hadith scholars, ignoring their historical context, accepted them as authentic teachings of the Prophet.
  6. During the century-long period of Umayyad rule, the idea of a messianic Mahdi became popular amongst rival Alid and Abbasids (descendants of Ali and Abbas, respectively) and their supporters. Abbasid propaganda in favour of their eventual overthrow of Umayyad rule included many references to the Mahdi, including fabricated hadiths claiming him as an Abbasid in response to the widespread view of him being Alid.
  7. The main Abbasid military commander who led the overthrow of the Umayyads in the 2nd/8th century, was from Khorasan, as his name signifies: Abu Muslim al-Khurasani (c. 700-755).[3] History records that his armies carried black flags or banners, cf. the histories by Tabari, Ibn Kathir, Dhahabi, Ibn Khaldun, Suyuti, etc.
  8. Based on traditional scrutiny of the hadiths’ chains of transmission (isnadsriwayah) as well as rational considerations of history (dirayah), it is the author’s firm conclusion that these hadiths were Abbasid propaganda fabricated 100-150 years after the Prophet Muhammad, peace be upon him, and are in no way true Muhammadan prophecies.
  9. The author was preceded in this view by his father, Sheikh Dr. Suhaib Hasan, who took this view in his PhD thesis: The Concept of the Mahdi amongst Ahl al-Sunna (Sunni Muslims), including a translation of the chapter on the Mahdi from Nu’aym bin Hammad’s Kitab al-Fitan (Book of Tribulations).  Nu’aym bin Hammad is generally agreed to be a weak authority by Hadith scholars, so it is unfortunate that some contemporary writers, speakers and preachers are uncomprehendingly-quoting clearly-fabricated “prophecies” from the Kitab al-Fitan and applying them to current events in Iraq and the Levant! (These fabrications repeatedly mention the “Sufyani” i.e. Umayyad, the Mahdi and real historical figures such as Saffah.)  Rather than dealing with the very real religious, ideological, political and social causes of the current crisis, it is much easier to say, “These are the end times.  This was all prophesied.”
  10. Contemporary Muslim preachers and activists should acknowledge and explain that these hadiths are at the least doubtful and disputed, if not clear fabrications, especially when they are often misused by contemporary extremist and terrorist groups.

 

2. FABRICATED HADITHS: PRO- AND ANTI- ABBASID PROPAGANDA

There are numerous fabricated (mawdu’) hadiths both in favour and against the Abbasid armies from Khurasan that appeared with black flags in the second century of Islam. This illustrates how hadiths were fabricated for use as propaganda by both sides.

2.1        Pro-Abbasid fabrications

 

  1. Fabrication, falsely attributed to the Prophet: “The Mahdi will be a descendant of my uncle ‘Abbas.” – related by Daraqutni[4]
  2. Fabrication, falsely attributed to the Prophet: “O ‘Abbas! God opened this matter by me and will seal it by a young man from your descendants who will fill the world with justice as it had been filled with tyranny. He is the one who will lead Jesus in prayer.” – related by Khatib Baghdadi in Tarikh Baghdad [“The History of Baghdad”][5]
  3. Fabrication, falsely attributed to the Prophet: “Should I not give you good tidings [O ‘Abbas]? God opened this matter by me and will seal it by your descendant.” – related by Abu Nu’aym in Hilyah al-Awliya’ [“Adornment of the Saints”][6]
  4. Khatib Baghdadi transmitted a fabrication, falsely attributed to Ibn Abbas: “When the black flags emerge, bid the Persians well, for our rule [dawlah, also meaning ‘state’] will be with them.”[7]
  5. Fabrication, falsely attributed to the Prophet: “O Abbas! When year thirty-five comes, it [the rule] will be for you and your descendants. Amongst them will be the Slayer (al-Saffah), and amongst them will be the One Helped to Victory (al-Mansur), and amongst them will be the Guided One (al-Mahdi).”[8]

2.2        Anti-Abbasid fabrications

 

  1. Fabrication, falsely attributed to the Prophet: “The flags of the descendants of Abbas have come from Khurasan, signifying the death of Islam. Whoever marches under their banner will not benefit from my intercession on the Day of Resurrection.”[9]
  2. Fabrication, falsely attributed to the Prophet: “When the black flags appear from the east: their beginning is strife, their middle period is killing, their end period is misguidance.”[10]
  3. Fabrication, falsely attributed to the Prophet: “Woe to my nation from the descendants of Abbas! … Their destruction will be at the hands of one of her household [the Umayyads],” pointing to Umm Habiba [daughter of Abu Sufyan and sister of Mu’awiya, the first Umayyad caliph][11]

 

3. WEAK HADITHS ABOUT THE BLACK FLAGS OR BANNERS FROM KHURASAN

[Below, I use the following notation for hadith isnads, first introduced by my father in his PhD thesis on Hadith: == denotes a strong mode of transmission, such as haddathana (he narrated to us) or akhbarana (he informed us), whilst – denotes a weak mode such as ‘an (“on the authority of”)]

  1. Sunan Ibn Majah, Kitab al-Fitan (Book of Tribulations), Chapter: Emergence of the Mahdi (Guided One), Hadith no. 4082[12] Ibn Majah == ‘Uthman b. Abi Shaybah == Mu’awiyah b. Hisham == ‘Ali b. Salih – Yazid b. Abi Ziyad – Ibrahim [al-Nakh’i] – ‘Alqamah – ‘Abdullah [b. Mas’ud], who said: Whilst we were with the Messenger of God, may God bless him and grant him peace, some young men of Banu Hashim arrived. When the Prophet, may God bless him and grant him peace, saw them his eyes flooded with tears and his colour changed. I asked, “Why do we continue to see something undesirable in your face?” He replied, “Truly, we the People of the House:[13] God has chosen the Hereafter for us over this world. The people of my house will face calamity, dispersal and exile after me until a group of people come from the east with black banners. They will ask for goodness [i.e. authority] but will not be granted it, so they will fight and achieve victory. They will then be given what they asked for [i.e. authority] but will not accept it until they assign it to a man of my house who will fill the earth with justice as others had filled it with tyranny. Whoever amongst you is alive at the time should go to them, even if he has to crawl over snow.” Albani declares this hadith to be weak.[14] Sindi, the commentator on this hadith, states: Ibn Kathir said that this indicates the kingdom of the Banu ‘Abbas [Abbasids]. However, this is precluded by his saying, “He will fill it with justice,” clearly referring to the promised Mahdi, which is why the author included this hadith in this chapter, and God knows best what is correct. [Haythami states] in al-Zawa’id, “Its chain of narration is weak because of the weakness of Yazid b. Abi Ziyad of Kufa, although he was not alone in narrating it from Ibrahim, for Hakim has related it in al-Mustadrak via ‘Umar b. Qays – Hakam – Ibrahim.”[End of quote from Sindi]
  2. Sunan Ibn Majah, Kitab al-Fitan (Book of Tribulations), Chapter: Emergence of the Mahdi (Guided One), Hadith no. 4084[15] Ibn Majah === Muhammad b. Yahya and Ahmad b. Yusuf === ‘Abd al-Razzaq [al-San’ani] — Sufyan al-Thawri — Khalid al-Hadhdha’ — Abu Qilabah — Abu Asma’ al-Rahbi — Thawban, who said:The Messenger of God, may God bless him and grant him peace, said, “Three people, each of them the son of a caliph, will fight over your treasure. It will go to none of them. Then, the black flags will appear from the east: they will kill you with a slaughter not meted out (or faced) by any people.” He then mentioned something that I do not remember. Then he said, “When you see him [their leader], pledge allegiance to him, even if you have to crawl over snow, for he is the vicegerent (caliph of God), the Guided One [al-Mahdi].”Sindi, the commentator on this hadith, says:“Over your treasure,” i.e. “over your kingdom.” Ibn Kathir said, “The apparent meaning of the treasure mentioned is that it is the treasure of the Ka’bah.”“Then, the black flags will appear”: Ibn Kathir said, “These [armies with] black flags are not the ones that Abu Muslim of Khurasan brought, by which he toppled the Umayyad state. Rather, they are other black flags that will accompany the Mahdi, whose appearance is one of the Conditions of the Hour [i.e. Signs of the end of the world and the Day of Judgment].”[Haythami states] in al-Zawa’id, “Its chain of narration is sound; its narrators are reliable. Al-Hakim narrated it in al-Mustadrak and said: It is authentic (sahih) according to the conditions of the two shaykhs [i.e. Bukhari and Muslim].”[End of quote from Sindi]
  3. Sunan al-Tirmidhi, Kitab al-Fitan (Book of Tribulations), Hadith no. 2269[16] Tirmidhi == Qutaybah === Rishdin b. Sa’d — Yunus — Ibn Shihab al-Zuhri — Qabisah b. Dhu’ayb — Abu Hurayrah, who said:The Messenger of God, may God bless him and grant him peace, said, “From Khurasan will emerge black flags: nothing will repulse them until they are planted in Jerusalem.” This is a strange (gharib) hadith. Thus, Imam Tirmidhi declared it to be a weak hadith by describing it only as gharib (“strange”, having links as narrow as one narrator in its chain). Albani also declared its chain of narration (isnad) to be weak (da’if). Mubarakpuri, in his commentary on Tirmidhi, confirms that the black flags refer to military banners at the heads of armies. He also elaborates on Tirmidhi’s statement, “This is a strange (gharib) hadith” as follows: “In its chain is Rishdin b. Sa’d, who is weak. In the chain of the hadith of Thawban in Musnad Ahmad [i.e. the hadith of Ibn Mas’ud, below] there is Shurayk b. Abdullah the Qadi, whose memory declined after he took the position of judge in Kufah. It also contains Ali b. Zayd, who would appear to be Ibn Jud’an, and there is some talk about him.”

3.1        Shawkani’s brief analysis[17]

 

Al-Azadi related from Ibn Mas’ud from the Prophet, “When the black flags come from Khurasan, go to them, for truly amongst them is the caliph of God, the Mahdi.”

 

Ibn al-Jawzi said, “It has no basis,” and mentioned it amongst the fabricated traditions.

 

Ibn Hajar said in al-Qawl al-Musaddad [fi l-Dhabb ‘an Musnad al-Imam Ahmad, The Accurate Word in Defence of the Musnad of the Imam Ahmad], “Ibn al-Jawzi was not correct, for Ahmad has transmitted it via ‘Ali bin Zayd bin Jud’an who is weak but was not an intentional liar such that the hadith should be classified as fabricated when he alone narrates it. How more so, then, when his narration has been supported via a different route? This has been transmitted by Ahmad and by Bayhaqi in Dala’il [al-Nubuwwa, Indications of Prophethood] from the hadith of Abu Hurayra from the Prophet, ‘Black flags will come from Khurasan, that will not be stopped until they are planted in Jerusalem.’ In its chain of narration is Rishdin bin Sa’d, who is weak.”

 

3.2        Albani’s analysis of this hadith[18]

 

In another narration of this hadith: “When you see that the black flags have come out of Khurasan, go to them even if you have to crawl …” to the end of the hadith.[19] These narrations were transmitted by Ahmad, Ibn Majah and Hakim.

 

Ibn al-Jawzi included the hadith in his collection of fabricated (mawdu’) hadiths; Dhahabi said that it was rejected (munkar). Imam Ahmad’s isnad includes ‘Ali b. Zayd b. Jud’an: Ahmad, Ibn Hajar, Munawi and others agreed that he is a weak narrator. Ibn Hajar said about Ibn al-Jawzi’s judgment, “He is not correct, because none of the narrators is accused of lying.” Albani agrees with Dhahabi that the hadith is rejected (munkar).

 

Ibn al-Jawzi’s isnad for this hadith is via ‘Amr b. Qays — Hasan — Abu ‘Ubaydah — ‘Abdullah [b. Mas’ud] — the Prophet (pbuh). Ibn al-Jawzi stated, “This has no basis: ‘Amr is nothing, and did not hear hadiths from Hasan; Hasan did not hear hadiths from Abu ‘Ubaydah.” Albani adds, “And Abu ‘Ubaydah did not hear hadiths from his father, Ibn Mas’ud … Haythami said in al-Zawa’id (249/2), ‘Its chain is authentic; the narrators are reliable.’ Hakim said, ‘It is authentic according to the conditions of the two shaykhs [Bukhari and Muslim].’ Dhahabi agreed with Hakim, although he said in the Mizan [al-I’tidal] that the hadith is rejected (munkar); the latter is correct. Those who authenticated this hadith overlooked its subtle defect, which is the ‘an’anah (ambiguous mode of reporting) of Abu Qilabah – he was known to conceal some of his authorities (tadlis), as is quoted from Dhahabi and others.”

 

Albani goes on to say, “However, the hadith is correct in meaning apart from the statement, ‘… for amongst them is the vicegerent of God [khalifat Allah], the Mahdi,’ for it has been transmitted by Ibn Majah (2/517) via ‘Alqamah from Ibn Mas’ud from the Prophet (pbuh), similarly to Thawban’s second narration. Its chain of narration is good (hasan), and does not include the phrase ‘vicegerent of God [khalifat Allah]’.”

 

3.2.1        [Ibn Taymiyya on the allegedly blasphemous nature of the term, “caliph of God”]

 

Albani continues:

 

This addition, ‘vicegerent of God [khalifat Allah],’ does not have an established route of narration, nor a supporting one. Thus it is rejected (munkar – a weak narration that contradicts authentic ones) as follows from Dhahabi’s statement quoted earlier. Part of its abhorrence is that it is not permissible in religion to refer to someone as ‘vicegerent of God’ [khalifat Allah] because that implies a shortcoming and incapacity that does not befit God the Exalted. The Shaykh of Islam Ibn Taymiyyah, may God Exalted have mercy upon him, explained this in his Fatwas (2/461):

 

‘Some mistaken commentators, such as Ibn Arabi, thought that the vicegerent [the function of khalifah attributed to Adam in Qur’an 2:30] is a vicegerent on behalf of God, like God’s deputy. But God Exalted cannot have a vicegerent, and that is why when they said to Abu Bakr, “O caliph (vicegerent) of God!” he replied, “I am not the caliph (vicegerent) of God, but the caliph (vicegerent) of the Messenger of God – that is sufficient for me.”[20] Rather, it is He, may He be glorified, Who is the vicegerent of others: the Prophet, may God bless him and grant him peace, prayed, “Dear God! You are the Companion during a journey, and the vicegerent amongst family. Dear God, please accompany us during our journey and deputise for us amongst our families!” This is because God is the Living, Ever-Present Witness, Guardian, Self-Subsisting, Observer, Safeguarder, Independent of the Worlds, needing no partner or supporter, and none can intercede before Him except by His permission. A vicegerent or deputy only occurs when the one whose place is taken is non-existent due to death or absence, such that a deputy called a vicegerent is required … all of these meanings are impossible regarding God the Exalted, and He is absolved of them, for He is the Living, Self-Subsisting, Ever-Present Witness who does not die or become absent … It is not possible for anyone to deputise for Him or to take His place, for He has no equal or anyone worthy of His name: whoever attributes a deputy or vicegerent to Him is associating a partner with Him.’[21]

3.3        Conclusion

Note that none of the hadith scholars quoted above took the historical record into account, basing their discussions purely on the chains of narrators and thus reaching opposite conclusions, with some authenticating these traditions and others doubting them severely. From the history of the Abbasid armies from the east, specifically Khurasan, led by black banners, it would appear to be obvious that all these supposedly prophetic traditions are in fact fabrications.

 

 

4. CONTEMPORARY PROPAGANDA ABOUT BLACK FLAGS

The use of black flags is an ancient Eastern, Arab and Islamic tradition. Its significance has changed over the centuries. Below is a summary of recent developments.

4.1        The Ottomans

Some people believe that one of the Prophet’s original banners, known as the Uqab, was black, that it eventually passed to the Ottomans and that remnants of it are housed at the Topkapi Palace in Istanbul.[22]

4.2        Bin Ladin

Usama bin Ladin often signed his name with the location, “Khurasan, Afghanistan” at the end of his messages whilst a guest of the Taliban. His organisation, Al-Qa’ida, also specifically adopted black flags from the 1990s. Reading between the lines, it is obvious that Bin Ladin saw Al-Qa’ida as fulfilling a sacred prophecy, bringing armies led by black flags towards Damascus and Jerusalem, in preparation for the coming of the messianic figure, the Mahdi.

4.3        The Taliban

According to one contemporary writer, “Very interestingly, the Taliban hail from the Pashtun ethnicity and have traditionally used two flags, a white flag with a black Shahada (Kalma) embossed for their government and diplomatic purposes and a reversal of this i.e. a black flag with a white Shahada embossed for their military. These types of black flags are also vividly seen across the tribal Pashtun areas that are now reportedly under the control of Pakistani Taliban.”[23]

4.4        Harmajdun (Armageddon)

This influential, populist book authored by an Egyptian Azhari sheikh in 2001 quoted some of these fabricated hadiths.[24] One in particular that begins, “There will be strife at the death of a caliph …” was interpreted to refer to the impending death of King Fahd of Saudi Arabia. Furthermore, the black flags were taken to refer to the black turbans of the Taliban. The book also claimed to be based on recently-discovered manuscripts of hadith, some of which were said to predict the 1990-1 war between Iraq and the US over Kuwait: the hadiths were said to mention a place called “little Kut” which is the literal meaning of “Kuwait.” Although popular amongst the masses, this book was dismissed by serious scholars of hadith and history.

4.5        Hizb-ut-Tahrir (HT)

HT adopted a black flag with the Islamic declaration of faith, possibly from its inception. Recently, this has led to confusion between HT flags and ISIS flags.[25] On one of HT’s public, international discussion forums, there is a lengthy discussion between October 2009 and October 2010 about the authenticity of the hadiths of the black flags, the coming of the Mahdi and the re-establishment of the caliphate, with a suggestion that the black flags refer to the Taliban.[26]

4.6        The Boston Bombers

Four months before carrying out the Boston bombings of 2013 along with another suspect, Tamerlan Tsarnaev appears to have “liked” and shared a video on YouTube entitled, The Emergence of Prophecy: The Black Flags From Khorasan (https://www.youtube.com/watch?v=uJknGtKV34I).[27] This video claims about the hadiths mentioned in it that “majority of scholars say is authentic and others say is weak [sic].”

4.7        The Ahmadiyya

Some of the Ahmadiyya refer these hadiths to their founder, Mirza Ghulam Ahmad of Qadian, due to his Persian ancestry. One of their writers says, “Black Flag of Khorasan … Thawban (ra) narrated that the Prophet (sa) said: ‘If you see the black banners emerging from Khurasan (Persia), seek to join their supporters even if creeping, because among them will be caliph Al-Mahdi.’ (Sunan Ibn Majah, Vol. 3, 4084) This flag is the flag of the Ahmadiyya Muslim Community today (contrary to popular belief it is not the flag of any Jihadist groups since this flag would be for the followers of the Mahdi).”[28]

4.8        Contemporary Jihadist groups

In the modern era, black flags with the Islamic declaration of faith have become very popular amongst Jihadist and other Islamist groups. For example: Al-Qaeda, al-Shabab in Somalia, Boko Haram in Nigeria, Jabhat al-Nusra in Syria, al-Tawhid wal-Jihad in Iraq, Jihadist fighters in Chechnya and of course the self-styled “Islamic State,” formerly “The Islamic State in Iraq and Syria” (ISIS) have all adopted black flags, with white Arabic writing consisting of the basic Islamic declarations of faith (the shahadatayn), as their emblems. The extremist but non-Jihadist international group, Hizb al-Tahrir, also employs a black flag with white shahadatayn, as its emblem. All these groups occasionally reverse these colours: a black flag for war; a white flag for peace. A white flag with black shahadatayn was especially adopted by the Taliban in Afghanistan for peacetime.

ISIS have recently adopted a black flag with white writing: an ancient-looking script for the first shahada, with the second shahada in the form of a seal, based upon the hadiths mentioning the Prophet’s own seal and ring. No-one knows for sure what the script on this seal looked like, but the form adopted by ISIS (and al-Shabab and Boko Haram) has ironically been popularised over the past two decades by populists such as the unscientific Turkish writer, Harun Yahya (Adnan Oktar).

Minor article edits: 11th September, 2014

FOOTNOTES

[1] http://en.wikipedia.org/wiki/Khurasan (accessed 9 Sep 2013)

[2] See Charles Cameron, Ali Soufan: AQ, Khorasan and the Black Banners, http://zenpundit.com/?p=4322

[3] http://en.wikipedia.org/wiki/Abu_Muslim_Khorasani (accessed 9 Sep 2013)

[4] Albani, Silsilah al-Ahadith al-Da’ifah, 4th ed., al-Maktab al-Islami, Beirut/Damascus, 1398, vol. 1 p. 108, no. 80

[5] Albani, Silsilah al-Ahadith al-Da’ifah, 4th ed., al-Maktab al-Islami, Beirut/Damascus, 1398, vol. 1 p. 109, no. 81

[6] Albani, Silsilah al-Ahadith al-Da’ifah, 4th ed., al-Maktab al-Islami, Beirut/Damascus, 1398, vol. 1 pp. 109-110, no. 82

[7] Shawkani, al-Fawa’id al-Majmu’ah fi l-Ahadith al-Mawdu’ah [Collected Insights about Fabricated Traditions], Book of Praiseworthy Qualities, Chapter: Virtues of the Four Caliphs, the Prophet’s Household and the Rest of the Companions, Generally and Specifically, may God be pleased with them, and Virtues of Other People –hadith no. 1010, http://library.islamweb.net/hadith/display_hbook.php?indexstartno=0&hflag=1&pid=530423&bk_no=1015&startno=167

[8] Shawkani, al-Fawa’id al-Majmu’ah fi l-Ahadith al-Mawdu’ah [Collected Insights about Fabricated Traditions], Book of Praiseworthy Qualities, Chapter: Virtues of the Four Caliphs, the Prophet’s Household and the Rest of the Companions, Generally and Specifically, may God be pleased with them, and Virtues of Other People –hadith no. 1015, http://library.islamweb.net/hadith/display_hbook.php?indexstartno=0&hflag=1&pid=530423&bk_no=1015&startno=172 This is a very clear fabrication, since the three titles mentioned were adopted by the first three Abbasid caliphs.

[9] Shawkani, al-Fawa’id al-Majmu’ah fi l-Ahadith al-Mawdu’ah [Collected Insights about Fabricated Traditions], Book of Praiseworthy Qualities, Chapter: Virtues of the Four Caliphs, the Prophet’s Household and the Rest of the Companions, Generally and Specifically, may God be pleased with them, and Virtues of Other People –hadith no. 1009, http://library.islamweb.net/hadith/display_hbook.php?indexstartno=0&hflag=1&pid=530423&bk_no=1015&startno=166

[10] Shawkani, al-Fawa’id al-Majmu’ah fi l-Ahadith al-Mawdu’ah [Collected Insights about Fabricated Traditions], Book of Praiseworthy Qualities, Chapter: Virtues of the Four Caliphs, the Prophet’s Household and the Rest of the Companions, Generally and Specifically, may God be pleased with them, and Virtues of Other People –hadith no. 1011, http://library.islamweb.net/hadith/display_hbook.php?indexstartno=0&hflag=1&pid=530423&bk_no=1015&startno=168

[11] Shawkani, al-Fawa’id al-Majmu’ah fi l-Ahadith al-Mawdu’ah [Collected Insights about Fabricated Traditions], Book of Praiseworthy Qualities, Chapter: Virtues of the Four Caliphs, the Prophet’s Household and the Rest of the Companions, Generally and Specifically, may God be pleased with them, and Virtues of Other People –hadith no. 1014, http://library.islamweb.net/hadith/display_hbook.php?indexstartno=0&hflag=1&pid=530423&bk_no=1015&startno=171

[12] http://hadith.al-islam.com/Page.aspx?pageid=192&BookID=35&TOCID=1534

[13] Ahl al-Bayt: a phrase referring to the Prophet’s immediate family and descendants

[14] Ibn Majah, Sunan, ed. Albani & Mashhur Hasan Salman, Maktabah al-Ma’arif, Riyadh, 1417 H, hadith no. 4082. According to Shawkani (hadith no. 1013), a very similar hadith is transmitted by Hakim and Abu l-Shaykh, and includes the addition describing the flags or banners as “flags of guidance.” http://library.islamweb.net/hadith/display_hbook.php?indexstartno=0&hflag=1&pid=530423&bk_no=1015&startno=170

[15] http://hadith.al-islam.com/Page.aspx?pageid=192&TOCID=1534&BookID=35&PID=7508

[16] Tirmidhi, Sunan, ed. Albani & Mashhur Hasan Salman, Maktabah al-Ma’arif, Riyadh, 1417 H, hadith no. 2269; http://hadith.al-islam.com/Page.aspx?pageid=192&TOCID=1532&BookID=37&PID=4328

[17] Shawkani, al-Fawa’id al-Majmu’ah fi l-Ahadith al-Mawdu’ah [Collected Insights about Fabricated Traditions], Book of Praiseworthy Qualities, Chapter: Virtues of the Four Caliphs, the Prophet’s Household and the Rest of the Companions, Generally and Specifically, may God be pleased with them, and Virtues of Other People – Mention of Mu’awiya, hadith no. 1012 http://library.islamweb.net/hadith/display_hbook.php?indexstartno=0&hflag=1&pid=530423&bk_no=1015&startno=169

[18] Muhammad Nasir al-Din al-Albani, Silsilah al-Ahadith al-Da’ifah wa l-Mawdu’ah wa atharuha l-sayyi’ fi l-ummah, al-Maktab al-Islami, Beirut/Damascus, 4th ed., 1398 H, vol. 1, hadith no. 85, pp. 119-121

[19] This narration is also mentioned by al-‘Ajluni, Kashf al-Khafa’, no. 241 – where he simply says, “Related by Ahmad and Hakim on the authority of Thawban.”

[20] Related by Ahmad similarly in the Musnad (1/10-11)

[21] Although Ibn Taymiyya was responding to what he saw as the neo-incarnationist Sufi notions of Ibn Arabi, the same critique has been applied since the 20th century to the over-politicisation of the Qur’anic term “caliph/vicegerent” by the ideologues of political Islam such as Mawdudi and Qutb, cf. Jaafar Sheikh Idris, IS MAN THE VICEGERENT OF GOD? Journal of Islamic Studies (1990) 1 (1): 99-110, Oxford

[22] See e.g. The Wake-Up Project, Ukab- banner of our Prophet Muhammad (saas), http://wup-forum.com/ukab-banner-of-our-prophet-muhammad-saas-t12620.html. See also a YouTube video featuring a supposed still of this banner accompanied by Islamic songs, and tellingly uploaded by “Abu Muslim Khurasani” at https://www.youtube.com/watch?v=rg8XkGzaMcI

[23] Black Banners From Khurasan: The Bilad-e-Khurasan in Making, Research Paper by Bilal Khan, March 30th, 2008 http://www.grandestrategy.com/2009/06/research-paper-by-bilal-khan-paper-is.html

[24] For an Urdu translation of this book, see https://archive.org/details/Harmajdoon

[25] See Seth Frantzman, A SHORT HISTORY OF THE ISLAMIC ‘BLACK FLAG’ IN JERUSALEM, 10th August 2014, http://sethfrantzman.com/2014/08/10/a-short-history-of-the-islamic-black-flag-in-the-holy-land/

[26] See discussion thread, Black flags In Khorasan, http://forum.hizbuttahrir.org/showthread.php?2599-Black-flags-In-Khorasan

[27] For more information, see Adam Serwer, Did Boston Bombing Suspect Post Al Qaeda Prophecy on YouTube?, Mother Jones, 19th April 2013, http://www.motherjones.com/mojo/2013/04/boston-bombing-suspect-posted-video-al-qaeda-prophecy-youtube

[28] SIGNS OF MIRZA GHULAM AHMAD (AS) AS THE MAHDI AND MESSIAH, 28th June 2014, http://mysticscientist.wordpress.com/2014/06/28/signs-of-mirza-ghulam-ahmad-as-as-the-mahdi-and-messiah/

Fatwa on fasting in Ramadan during the UK summer

June 30, 2014

Bismillah.

1. A number of people have asked me since last year about the excessive length of fasting during UK summer months.

2. This has included those new to the practice of fasting, elderly and middle-aged people, who wish to fast but simply cannot manage the very long days. Since last year, I’ve heard reports of such people in hospital, as well as of children falling seriously ill, due to fasting more than 18 hours per day.

3. The day length in London this year during Ramadan is almost 17 hours *sunrise-sunset*. Since there is no agreed beginning of dawn, the dawn-sunset timings vary from 19 to 20.5 hours.

4. The timings increase as we go further north, especially in Scotland and Northern Ireland.

a) E.g. I visited Dublin in June 2000: sunset prayers at the Dublin Islamic Centre (Clonskeagh Mosque) were held at 10.30pm, followed by night prayers at 12am and dawn prayers at 2am. Assuming dawn at 1am, this gives a 21.5-hour dawn-sunset fast.

b) On the other hand, I visited Stockholm in December 1999: sunrise was at 10.30am and sunset at 3.30pm. In winter there, the dawn-sunset fast is barely 6-7 hours, whereas it is 9-10 hours in the southern UK.

5. To reduce the fasting length, note that some of the Sahaba (Prophet’s Companions), including Hudhayfa bin al-Yaman, and Successors ate until sunrise or just before. Tabari and Ibn Kathir mention numerous narrations proving this under Qur’an 2:187, although both of them reject the practice based on a literalist reading of the verse (they lived in moderate climes). Ibn Hazm also approves the practice in his Al-Muhalla.

6. The jurists have discussed this matter for high latitudes. As Sheikh Muhammad Abduh, Grand Mufti of Egypt, mentions in Tafsir al-Manar, classically they mentioned two possibilities to follow more moderate timings:

a) follow timings of the lands of revelation, viz. Mecca and Medina (Hijaz) – throughout the year, the dawn-sunset fast here is 12-15 hours

b) follow timings of the nearest “moderate land”

Abduh adds, “Both of these are valid, since it is a matter of judgment (ijtihad), and there is no unequivocal text (nass) about it.”

7. Note that following timings of the nearest “moderate land” is similar to following timings of the nearest “moderate time” in your own land, e.g. spring or autumn timings, when the days and nights are approximately of equal length.

8. Abduh is not alone in the above fatwa: he is quoting from centuries of earlier jurists. After him, his fatwa has been echoed by Muhammad Hamidullah, Mustafa Zarqa, Sayyid Tantawi, Jad al-Haqq, and Ali Gomaa amongst others. Texts and discussions of these fatwas may be found on the internet, e.g. see http://alrukn.com/long-fasts-fiqh/

9. The above fatwa implies partially decoupling fasting from dawn/sunset.

10. The spirit of fasting is clearly “from morning until evening” and to focus on its inner aspects, without hair-splitting about external matters.

11. The famous Qur’anic passage about fasting 2:183-7 begins and ends with taqwa (God-consciousness), and includes the memorable wisdom, “God wishes ease for you, not hardship … that you complete the course, magnify God for guiding you, and that you give thanks.”

This verse is in fact the basis of the numerous hadiths about making matters in religion relatively easy and not difficult, of the classical Hanafi principle of istihsan (attaining goodness, even if opposed to analogical reasoning) along with 39:17-18, cf. the first page of Kitab al-Istihsan in Al-Mabsut of al-Sarakhsi, and of contemporary jurists’ emphasis on taysir (easing matters), part of the Prophetic spirit and one of the principles of jurisprudence.

12. In exceptional circumstances, the Prophet (peace be upon him) understood that “morning” and “evening” were relative to people’s habits and culture.

Hadith: Safwan bin Mu’attal, who as a virgin was caught up with Aisha, Mother of the Believers, in the scandalous rumours that rocked Medina after the Mustaliq expedition, eventually got married. His wife once came to the Prophet and complained about her husband on three counts. (The Prophet defended and made excuses for him regarding all three matters.) One of these was that “he does not get up for the dawn prayer, and only offers it after sunrise when he rises.” When the Prophet asked him about this, he replied that his people or tribe customarily rose after sunrise, and not at the crack of dawn. The Prophet’s wise answer was, “In that case, pray when you wake up.” (Fa idha-stayqazta fa salli, a sound hadith in the Sunan, rated as authentic by Albani in his evaluation of the hadiths of Mishkat al-Masabih.)

Thus, for example, those who work night-shifts, working throughout the night and sleeping during the day, should fast during the night. This is because night has become day for them and vice-versa. The Qur’an that encourages fasting during the day also states that night is for sleep whilst the day is for work (e.g. 78:9-11).

13. An Azhari sheikh recently suggested to me that 12 hours’ fasting was sufficient, based on the average length of a day over a whole year: this is true of the sunrise-sunset day, for every place on earth. If we use dawn-sunset instead, we get 13-14 hours’ fasting. Note that this approach implies keeping a similar-length fast irrespective of the season in which Ramadan falls: in the winter, fasting would be much longer than the dawn-sunset timing, and some of us do follow that approach. This has an element of “continuous fasting” (sawm al-wisal, where fasting continues by night) about it: the Prophet practiced this regularly for several days at a time, but disallowed it for his followers, unless they were sure they could manage it.

14. I am reliably informed that Muslims in Norway use a 14-hour fasting timetable in the summer.

15. A case may be made for 16-hour fasts, based on Imam Ghazzali’s view that the maximum a person should sleep at night is a third of the day and night, i.e. 8 hours.

16. Insisting that those unable to complete long fasts should make them up at another time is practically equivalent to moving Ramadan out of the summer and into the seasons of autumn, winter or spring.

CONCLUSION / FATWA

All Praise belongs to God. Peace and Blessings be upon the Messengers of God.

1. Those who wish to follow dawn-sunset timings of 18-21 hour fasts and can do so safely, are free to do so.

2. Those who find this genuinely unbearable, or are convinced of the non-literalist approach of “morning to evening” rather than the literalist “dawn to sunset”, may wish to fast for 12 or preferably 14-16 hours, beginning from dawn, sunrise or even their usual morning meal (breakfast!). Such moderate timings are based on the fatwas of jurists over many centuries for high latitudes.

3. Whatever length a person fasts, they should not feel superior to others. The spirit of Ramadan and fasting includes God-consciousness, patience, perseverance, gratitude, prayer, worship, charity, generosity, humility, self-purification, self-development, helping others, mercy, compassion, forgiveness, lowering the gaze (of the eyes from lustful glances and of the heart from other than God)  and the remembrance and love of God.

May Allah, the One and Unique having Infinite Beautiful Names, bless all of humanity during this month, and shower upon us its internal and external grace.

Sheikh Dr. Usama Hasan (London, UK)

1st Ramadan 1435 / 29th June 2014 (updated: 4th Ramadan / 2nd July)

 

When does Ramadan start? 1435 / 2014

June 21, 2014

Bismillah. Please refer to the UK Moon Watch project: http://astro.ukho.gov.uk/moonwatch/nextnewmoon.html

Astronomical new moon (conjunction) occurs on Friday 27 June 2014 at around 8am UT (GMT), God-willing.

The first naked-eye visibility of the new crescent moon, apart from a few Pacific islands, is over Australasia on Saturday 28 June, followed by Asia (partial), Africa and the Americas on the same date. The rest of the world follows on the next day.

Hence, the first day of Ramadan 1435 in the UK occurs on the following date, depending on which method you use:

1) Conjunction-based methods: 27 or 28 June

2) Global crescent-visibility method: 29 June

3) Local (UK) crescent-visibility method: 30 June

The corresponding possible dates of Eid al-Fitr are:

1) 26 or 27 or 28 July

2) 28 or 29 July

3) 29 or 30 July

Of these methods, I prefer no. 2.

Praying for all of humanity to gain blessings of Ramadan,

Sheikh Dr. Usama Hasan (imam & astronomer), 21 June 2014

Usama Hasan, http://unity1.wordpress.com

A Good Friday? Protests, Prayers and Peace at the Park – 18 April 2014

April 20, 2014

Bismillah. We often go as a family to Regent’s Park Mosque (RPM aka London Central Mosque) for prayers around Easter, since it’s a rare Friday with schools and offices shut, no congestion charge for driving around the city centre and the car parking in the park being at holiday rates: just over half the normal rate at £1.40 per hour rather than £2.40, significant when you wish to stay the whole day.

Approaching the mosque from inside the park, we noticed several police vans parked around the corner. Unusual, since there are normally only a couple of police officers outside the main entrance of the mosque in Park Rd.

Being a public holiday, the mosque congregation was much larger than usual, perhaps by 50%. We could only find parking near London Zoo and walked back, past the usual armed officers guarding Winfield House, the US Ambassador’s residence, literally a stone’s throw from the mosque’s rear entrance. On the way, I told my 7-year-old son about the Islamic tradition that spiritual reward earned for travelling to mosque is proportional to the effort required, even measured by the footsteps taken: several hadiths speak of this in a literal commentary on Qur’an (Surat Y.S. 36:12), “We write down their traces: everything have We recorded in a Clear Source.” When a particular tribe in Medina wished to move closer to the Prophet’s Mosque since they walked daily to it five times a day for prayers, he (pbuh) had replied, “Stay in your homes: your footsteps are written in tomes.” (Diyarukum, tuktabu atharukum) Ibn ‘Uthaymin once commented that the equivalent of a footstep for a car or bike was a wheel revolution.

The mosque was full, so we listened to the sermon after squeezing into the main courtyard, also full, all the way back to the car park: I counted about 40 rows, with about 40 people per row, hence over 1500 males here. The main hall holds at least 2000 males, plus the women’s sections and basement halls were all full, so I estimate at least 5000 worshippers. It’s always nicer to pray in the open air when the weather is nice, as it was on Friday: God’s wonderful dome beats any man-made one, even if it’s golden. As the Prophet (pbuh) said, “The entire earth has been made a place of worship.”

Islamic tradition demands that worshippers listen to the imam’s Friday sermon in absolute silence, which is why we easily heard the sounds of protesters, who must have been close to the main entrance. The Azhar-trained imam, Sheikh Khalifa Ezzat, had chosen his topics carefully, and probably in response to some of the protests, about which the mosque must have been informed by police: in both Arabic and English, he preached about justice (quoting Ibn al-Qayyim: “God upholds just societies and destroys or allows the self-destruction of unjust ones”) and condemned the evil crimes of sexual grooming gangs, although the latter wasn’t a great topic for a very family-oriented congregation. Listening to an Egyptian imam preaching about just society in a courtyard with one or two thousand people, I thought of Tahrir (Liberation) Square.

Straining to hear the imam’s soft-spoken voice, even through the loudspeakers, was made more difficult by the loud chants of “E, E, EDL” and rendition of “Jerusalem” (accompanied by music) by William Blake coming from the other side of the main gates. I spotted one leader of a Muslim fascist group in the courtyard, and feared trouble. The irony was that many of us British Muslims would be quite happy to sing “Jerusalem,” although not in mosque, where the ascetic atmosphere is quite rightly one of worship and devotion that transcends even spiritual music and song. Furthermore, Blake is possibly England’s greatest mystical poet (as well as Shakespeare, judging by Martin Lings’ phenomenal book about the latter), and arguably would have felt at home with the Remembrance of God in a beautiful mosque inside one of London’s prettiest Royal Parks. As the Prophet (pbuh) said, “God is beautiful and loves beauty.”

Prayers after the sermon were also disturbed by chants and another musical score that my teenage son told me later was something called “Hearts of Courage” that he liked from school.

I have uploaded short video extracts of the sermon accompanied by the sound of protest, here: and here:

Others have uploaded videos of their protests. Had I been alone, I would have gone over to see the rival protests, but there was potential for serious trouble and we took no chances with our 7-year-old twins. Furthermore, we had come to mosque for inner and outer peace, not for childish, angry protests. Police sirens also disturbed prayers, but their helicopter crew had the courtesy to only bring their noisy flying machine over once prayers were over. The chopper slowly flew above Park Rd later towards Baker St – we learnt afterwards that this to police those marching for a mediaeval Caliphate and Sharia, dutifully protected by Western freedom of expression and the “kufr (infidel) law” that they so despise providing dozens of police to keep the peace at our collective taxpayers’ expense. (The truth is, of course, that Western and Islamic law have the same basis: justice and mercy, so such protests are misplaced.)

Of the 5000 Muslims at mosque, no more than about 1% joined this march. We are the 99%. Alhamdulillah.

As ever with Friday prayers at RPM, hundreds of families streamed into the park afterwards. My wife told me about journalists trying to interview worshippers. There were a couple of Orthodox Jewish families also in the park, no doubt fresh from celebrating Passover and enjoying the sunshine before the Sabbath later. I hope they didn’t feel intimidated by the hundreds of Arabs and Muslims – I don’t think they were.

There were long queues for cake, ice-cream and boating lake tickets. Tulips were in full bloom in a gorgeous array of colours. We saw a heron amongst the ducks and swans, and came across a RSPB stall with birdspotting telescopes (spotting scopes), and got to see two different triplets of baby heron chicks nesting in the trees of the boating lake. We also saw a number of delightful ducklings snuggling up to their Mother Duck. We imagined the excitement of these herons and ducks at their new arrivals, remembering our own when our babies were born. “Every crawling creature in the earth, and every bird flying with its two wings, comprise communities and nations like your human ones. We have not omitted anything from the Record: then, to their Lord, shall they be gathered.” (Qur’an, 6:38)

We joined the RSPB as a family: they have no fixed fee, only a suggested donation of £5-10 per month: you get a membership pack with gifts and benefits including free entry to their nature reserves around the country. I encourage others to do so also, here: http://www.rspb.org.uk

After a 3-hour walk around the park, we came across a young, well-intentioned masked Muslim man on a bicycle, wearing a Che Guevara t-shirt. He was from “London Anti-Fascists” and had been riding around in an anti-EDL op, and asked whether we had had any trouble. Nice of him. I should have asked him why LAF don’t take on Muslim fascists who avowedly want a global totalitarian theocracy and to execute any dissident or non-conformist.

So come on please, EDL-ers and Caliphaters: please stop being at each other’s throats and let’s have civilised interaction rather than offending each others’ sacred symbols, such as by disturbing prayers or abusing the bases of Britishness. And let’s all help with forming trust, mediation and reconciliation, that we may yet build Jerusalem and Medina in England’s green and pleasant land.

Usama Hasan, http://unity1.wordpress.com

Saliba lecture: “Late Arabic Scientific Commentaries” (includes online link)

April 17, 2014

Public lecture event organised by Al-Furqan Islamic Heritage Foundation on Friday 4th April 2014.
After the reception and the opening words, Mr. Sharaf Yamani, member of the Al-Furqan Board of Directors, gave a short brief on Al-Furqan’s work and efforts in uncovering and studying the Islamic written heritage.
The keynote speaker at this public event was Professor George Saliba, Professor of Arabic and Islamic Science at Columbia University in the city of New York. His lecture on “The Role and Originality of Late Arabic Scientific Commentaries” was very well received.
In his lecture, Professor Saliba gave an insightful view on the scientific importance of the commentaries – with a special focus onthe field of astronomy – produced between the thirteenth and the sixteenth century, the period considered to be “the Late Classical Period” of Islamic civilisation. He demonstrated that particular commentaries that were produced during this period, did not only produce new scientific thinking, but also produced a level of astronomical mathematical sophistication that could outmatch any of the earlier works that were produced within the Islamic civilisation, and could, in some instances, even outmatch the contemporary scientific works that were produced in Europe at the time.
According to Professor Saliba, the main reasons why late commentaries have not received the scholarly attention they deserve and are still wrongly considered to be mere copies of previous works, are:

1. Late commentaries are very difficult to read: the text on the page is often very dense and small.

2. They often lack illustrations: it is very difficult to find a scribe (nasikh) that was also an illustrator (naqqash). Today there are very few examples of manuscripts where the illustrator and the copyist are the same person.

3. There is still an imposed traditional misconception that considers that, after the classical or golden age of Islam, there is nothing worth studying in terms of cultural products.

The lecture was followed by several questions from the specialised and distinguished audience regarding various aspects covered by Professor Saliba.

To watch the recorded lecture, please click on the following link:
Thank you once again for coming to the event. We will inform you of future Al-Furqan events and hope that you will be able to join us.
Best wishes,
Sali Shahsivari, Managing Director
Al-Furqan Islamic Heritage Foundation

Usama Hasan, http://unity1.wordpress.com

Ramadan in the summer at high latitudes – by Sheikh Ahmad Kutty

April 15, 2014

Bismillah. An interesting fatwa published last Ramadan (July 2013). Parts of Ramadan will be in midsummer for the next few years, so this discussion will continue.

I’d add the following notes:

1) According to Ibn Kathir, in his Tafsir under 2:187, Tabari narrated from several Successors (Tabi’in) that fasting only becomes obligatory at sunrise. (In my view, this is based on, and a logical extension of, the difficulty of defining “dawn” precisely – when the sun appears, there is no argument!) Ibn Kathir adds that in his view, “No person of knowledge can remain stable on this view, since it contradicts the unequivocal text of the Qur’an.”

2) Does anyone have the text of Mustafa al-Zarqa’s fatwa cited below? As quoted, it says that fasting at high latitudes in the summer can follow clock timings from more temperate latitudes, ie to end fasting before local sunset.

U.H.

http://www.onislam.net/english/shariah/contemporary-issues/islamic-themes/453299-sunnah-and-determining-the-times-of-fajr-and-imsak.html

Determining the Times of Fajr and Imsak
By Sheikh Ahmad Kutty, Senior Lecturer, The Islamic Institute of Toronto

Conclusion

(Since the day hours are excessively long, such rigidity when determining imsak can be viewed as only dampening one’s spirit about fasting.)

In light of the above incontrovertible evidence, it should be rather easy for us to conclude that relying on astronomical dawn to determine the time of imsak is unwarranted, and that we cannot go wrong if we consider the nautical dawn, if not the civil dawn, as the starting time of imsak and beginning of fajr. Furthermore, there is no basis for compelling people to start the imsak way before fajr, for, as it has been clearly demonstrated, the companions were in the habit of standing up for fajr soon after finishing their suhur.

Furthermore, it has been clearly demonstrated from the Sunnah and the practices of the pious generations that the time of imsak and fajr is not determined by minutes, seconds, or degrees, but by sufficient latitude, ease, and flexibility. Hence, there is no compelling reason for us to insist on the astronomical definition of dawn.

Still another point to note: When we consider the above statements and reports carefully, it is clear that their approach to the issue unravels another fundamental principle of jurisprudence. This has been often phrased as “That which is certain cannot be removed by doubts.” When we apply this principle to the issue at hand, since the night precedes dawn, that is a certainty, as such, it cannot be ruled out until we can clearly determine that the dawn has arrived.

Closely allied with the above is the importance of taking into account our own times and circumstances. No one can doubt we are living at a time where Muslims are showing increasing complacency and are slipping away from the practice of Islam. Moreover, since the day hours are excessively long, such rigidity when determiningimsak can be viewed as only dampening one’s spirit about fasting.

We saw all of the above leniency and latitude as pointed out above were demonstrated in standard time zones like those of Makkah and Madinah. So one might legitimately ask: By applying a far more stricter rule in calculating the time of imsak, are we trying to prove to be more pious than the Prophet’s companions and successors, and end up causing greater and greater hardship for people, who reside in less than standard time zones?

In this regard, therefore, let us recognize that the juristic traditions in all of the acceptable schools of jurisprudence have taken into account the circumstances of people and countries, for they knew too well that Shari`ah is based on tangible maqasid (higher purposes) and masalih (benefits). They also understood that the function of an `alim (scholar) is to render ease where there is difficulty. Long ago, Imam Sufyan Ath-Thawri said, “A true scholar is one who finds (based on sound principles) an easier way for people, because as far as making things difficult is concerned, one need not have any knowledge to do that!”

It is perhaps pertinent to mention here that, according to one of the great jurists of the Hanafi school of the twentieth century, the late Shaikh Mustafa Az-Zarqa, Muslims living in time zones where daylight hours are unusually long may base their times for imsak and iftar on the regular timetables followed in Makkah and Madinah.

If this is the inference of an eminent Hanafi jurist, coming as he is from a long lineage of authentic representatives of the Hanafi school, how can we be faulted for going by a time-table which calculates the Fajr in a slightly flexible manner?

As a final word, it would be wise to remind ourselves of the dire warning of the Prophet (peace and blessings be upon him), “There are among you those who simply drive people away from Islam.” (Bukhari and Muslim).

I pray to Allah to guide us to the straight path, make us instruments of guidance and gather us all under the banner of the seal of prophets and messengers.

Usama Hasan, http://unity1.wordpress.com


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