Archive for the ‘Fatwas’ Category

NO SEX, PLEASE – WE’RE MUSLIM! (Ramadan edition)

May 6, 2020

Bismillah-ir-Rahman-ir-Rahim

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

NO SEX, PLEASE – WE’RE MUSLIM!

Q&A about Sex and Ramadan

[CAUTION: 18+ only – PLEASE DO NOT READ IF YOU ARE OFFENDED BY DISCUSSION OF SEXUAL MATTERS]

 

Just before Ramadan this year, the Muslim Mamas private Facebook group for Muslim mothers, that has over 20,000 members and is like a Muslim version of Mumsnet, asked if I would answer some questions about Ramadan and “intimacy” (read: ahem, sex). They were sending these questions to a number of different people with the aim of publishing all answers, so that readers could make up their own minds. I consented, and my answers were published on the group, I believe.  I am reproducing the questions here, followed by my answers.  These have been updated slightly from the ones I sent to Muslim Mamas.

  1. What affectionate acts between husband and wife are permissible during Ramadan, and which ones break the fast? (Kissing, fondling, open mouth kissing, dry humping, …)
  2. What does Islam say about the importance of female sexual pleasure?
  3. What is your opinion of self-pleasure. Is it permissible in Islam? (If you do not agree that it is permissible, how is it that one person can then teach another about their own pleasure?)
  4. What is your opinion about the permissibility of sex toys in Islam?
  5. What is your opinion about oral sex in Islam?
  6. If a woman is raped by her husband during Ramadan, does she have to make up the fast?
  7. What advice do you have for couples in order to nurture love, affection and intimacy?
  8. What examples did our Prophet pbuh leave us to follow with regards to spirituality and intimacy?
  9. What rewards are there in Ramadan for being intimate – is it more rewarding to abstain?
  10. Who can we turn to if our knowledgeable people are all men and mamas feel shy to ask about intimate questions?
  11. A couple had intimate relations during fasting hours, just after fajr. What is the kaffarah [expiation]?
  12. Can a couple resume intimate relations if neither is fasting? Or is it prohibited during the day?

 

 

 

 

All Praise is due to God.  May God bless all His Noble Prophets and Messengers, especially our Prophet Muhammad, Seal of the Prophets.  May God bless all of humanity with the blessings of Ramadan (Ramzan), especially during the current, global crisis caused by the Covid-19 disease.

Thank you for consulting me about these questions – it is an honour to participate in this conversation with your readers and the scholars to whom you are posing these questions.  May Allah guide us to what is good and true.  I must apologise in advance if any of my answers offend people, since that is not the intention: the intention is to try to discuss important questions sensitively.  Please forgive me if you are offended by anything I say.

Before I give my answers, I would like to mention a couple of principles that guide them.  One is related to Hadith, and one to Fiqh (Jurisprudence).  I have been studying these subjects, all deriving from study of the Qur’an, for over 40 years now.  This study is not just academic using books, but by learning from people: our teachers but also our brothers and sisters.  I’ve had the honour of serving as an imam for almost 40 years, trying to serve my brothers and sisters.  There are many different views and approaches to the Islamic sciences, including Hadith and Fiqh, but I’m presenting my current approach to them – scholars throughout the centuries have discussed these principles and taken their own independent positions, and I’m trying to follow a little in their footsteps, by the grace of God I hope.

  • Firstly, about Hadith. There are hundreds of thousands of these. The sciences of Hadith are an amazing Islamic contribution to human civilisation.  However, we must accept that there is no way we can ever know for sure 100% exactly what the Prophet said or did, with all the conflicting narrations and methods of transmission.  As students of this subject, we have to weigh up many things before deciding what to follow. So, I will say from the outset that *no* collection of Hadith is 100% authentic, because there are so many doubts and possibility of error, even in the most “authentic” books.  We also know that the number of fabricated hadiths, the fake news of its time, dwarfs the number of authentic hadiths.  So as Muslims we have to make a judgment, if we believe that Prophet Muhammad was the greatest human being ever and the ultimate personification of Mercy, as to whether he really said many of the things that are ascribed to him, even in “authentic” (sahih) collections.  We have to sift the immense wisdom in the Hadith from the fabricated nonsense, the fake news of the early centuries about the Prophet.  Of course, we will differ about these but there is no harm in that because the Islamic tradition in its totality is very diverse and open to many interpretations in theory and practice.  I can only give my own views and judgments, since I can only speak for myself.Furthermore, it is worth saying that many marfu’ hadiths are actually mawquf or maqtu’, i.e. many teachings attributed to the Prophet are probably actually from his Companions (including his family and descendants), or their Followers, or the next one or two generations of learned and pious people after that, who are collectively known as the Salaf.  So, we must be careful about saying that there is no disagreement about something because “the Prophet said so” when in fact it is often quite possible that this statement was from a Companion or Follower – a respected opinion, but often contradicted by other Companions.  This is also one of the reasons why there are often contradictory hadiths on the same topic, ascribing conflicting views to the Prophet himself.  Furthermore, the Sahaba (Companions) and the Salaf were not monolithic, and nor were they all at the same level of learning and piety.  And of course, half of them were women.So when I quote a hadith, it’s because I judge it to be more or less true, especially in meaning.  Others have the right to differ about that, and argue that this hadith might be fake news, i.e. a very weak or fabricated tradition.  (Many “weak” hadiths are actually teachings from the Salaf, and not directly from the Prophet.) And vice-versa: I may think a hadith is weak, whilst others think it’s sound.  The best we can do is to argue our case. Scholars of Hadith have been doing this since the earliest times.I often use a principle that a true hadith must have the “light of prophethood” (nur al-nubuwwah) about it, based on the first-century Hadith expert al-Rabi’ bin Khaitham’s statement:“Some hadiths have a light like that of day, which we recognise [and makes us accept them]; others have a darkness like that of night, which makes us reject them.
  • Secondly, about Fiqh. Just a reminder that fiqh judgments lie on a spectrum: the whole point of fiqh, which means “understanding,” is to try to understand (i) our situation and (ii) what God wishes from us in our situation.  In terms of practice, there is of course halal and haram, the lawful and the prohibited.  But as one of the foundational hadiths says: the lawful is clear and the prohibited are clear.  In between are many grey areas.  This is why five dominant categories of rulings emerged: obligatory, recommended, allowed, disliked, prohibited (wajib, mandub, mubah, makruh, haram).  These are not sharp categories, which is why some jurists distinguished between fard and wajib amongst obligatory matters, and others added makruh tanzihi and makruh tahrimi as “shades of severity” between the categories of disliked and prohibited.  Furthermore, the situation can dictate that the ruling on something can flip to its complete opposite, such as pork and wine being generally prohibited, but obligatory to consume if one is in danger of dying of hunger or thirst. Also, even obligations and prohibitions have degrees, so some obligations are more obligatory than others, and some prohibitions are stronger than others. For example, from the Sunnah, the obligation of honouring your parents takes precedence over hijrah and jihad, even when the latter are obligatory.  Similarly, murdering someone is obviously much, much more haram than say, getting drunk.So we have to think of situations, decisions and judgments in life on a multidimensional spectrum: there is often not a simple answer, and much depends on a person’s own preference and situation.  This is obvious with the categories of mubah (allowed) and mandub (recommended): both are okay, and we cannot tell people what to do: it is up to them.  There is No Compulsion in Religion.  Furthermore, we cannot say something is haram and therefore sinful unless we are pretty much 100% sure about it: there must be no doubt about the texts cited, their meanings, and their application to the question being asked.  However, we who are asked such questions should give the different interpretations that we know and then, perhaps, give our own view if we have one.  Ultimately, it is up to the individual person to decide what to do, and they have the right to make their own judgment, especially in disputed matters (Ask your heart for a fatwa or follow your heart – hadith), or to trust another’s judgment if they really don’t know (Ask the people of the message if you do not know – Qur’an).

Furthermore, we have to get away with an obsession with the “legal” aspects of these questions and think about the “ethical” aspects, because Sharia is both law and ethics, intertwined.  And because Sharia is fundamentally about promoting goodness and avoiding harm, we should think of the categories of fard/wajib, mandub/mustahabb, mubah, makruh & haram as corresponding to roughly the following: essential, good, neutral, risky & harmful/damaging to your spiritual health.

This is based on the ayah that says that the Prophet allows good things for people (tayyibat) and prohibits filthy or harmful things (khaba’ith) for them (Surah al-A’raf).  In other words, the Sharia will always promote what is good for us, in a holistic physical/spiritual sense.

Okay, so on to the questions – I should note that the Qur’an recognizes the existence of asexual men and women, both in Surah al-Nur (Light), but I’m assuming that these questions are all in a heterosexual context.  Furthermore, I agree with Seyyed Hossein Nasr that “Islam is like a society of married monks and nuns,” – i.e. that we are supposed to be focused on worship of God, but that lawful sexual activity is itself a type of worship, as a famous hadith indicates.

 

  1. What affectionate acts between husband and wife are permissible during Ramadan, and which ones break the fast? (Kissing, fondling, open mouth kissing, dry humping, …)

I take the view that sexual climax or orgasm breaks the fast, as does intercourse without climax.  Sexual arousal and activity is obviously a precursor to these, hence this becomes disputed: how far are people are allowed to go?  There is much wisdom in Ibn Abbas’ traditional reply to this question: that such things are allowed for older people, but not for younger people.  This makes sense because in general, libido decreases with age, although there are always exceptions. Other learned and pious people amongst the Salaf replied that a person should judge themselves, because they know best how much they are able to control themselves.

It should go without saying that in sexual situations, it is very easy to lose control. (Imam Shafi’i said that when a man is sexually aroused, nine-tenths of his mind departs – many men and women would agree with that from experience, and there is a well-known saying expressing the same truth in modern English.  I wonder whether there is an equivalent statement for women?) This is why when some people objected to being forbidden from kissing etc. during fasting with the objection that, as many hadiths say, the Prophet would kiss his wives whilst fasting, Hazrat Aisha replied that he had the most self-control of any man. In her words, Which of you has the self-control of the Messenger of God?

Summary: avoid these activities as much as possible, and if you do indulge in it, be very careful that you don’t lose control and break your fast, for one thing leads to another and it’s a very slippery slope.

[Anecdote, courtesy of Rashad Ali: An amusing edict mentioned by Abū Shāma on his excellent work on the actions of the Messenger (sallallahu alaihi wa sallam) is the view of Ibn Khuwayzamindad who applied the principle in his view of taking all actions of the Messenger as a duty (wājib) until a dalīl indicates otherwise to take the view that kissing your spouse was a duty in Ramadan as the prophet sallallahu alaihi wa sallam did!]

  1. What does Islam say about the importance of female sexual pleasure?

The Prophet encouraged foreplay and for couples to have fun and play with each other. Caliph Umar, when he fixed the tour of duty for his soldiers, didn’t take their sexual needs into account, but those of their wives.  He asked his sister Hafsa, now a widow of the Prophet, how long a woman could go without sexual intercourse.  She bowed her head out of shyness and replied: four months (the hadith is in Muwatta Imam Malik).  He therefore set the length of each soldier’s tour of duty to four months, so that women’s sexual needs were not neglected.

Note that it would appear that the male soldiers had much greater sexual drives – this is why some of the Companions asked the Prophet’s permission to castrate themselves during military expeditions, because they couldn’t bear the sexual frustration: he didn’t give them permission, because he wanted them to learn self-control!

By the way, the above two examples imply that neither men nor women during the time of the Prophet practised masturbation, otherwise it would have been an obvious option in both cases.  And crucially, the above examples show that it was the women’s sexual needs that needed to be fulfilled, and became the decisive factor in the length of soldiers’ tour of duty. Therefore, it could be argued women’s sexual needs are more important than those of men, from the above examples.

Sadly, a lot of human-trafficking today, a type of modern slavery, involves sexual exploitation of mainly women and children.  And this is almost entirely to satisfy the uncontrolled sexual desires of heterosexual men and paedophiles.

I agree with Asra Nomani’s Islamic Bill of Rights for Women in the Bedroom, that she wrote along with her Islamic Bill of Rights for Women in the Mosque, and in which she included female sexual satisfaction as a fundamental right.

Some later jurists made rulings about these issues that are unthinkable in the modern world.  Professor Kecia Ali’s book, Sexual Ethics in Islam, discusses the issues.  For example, some jurists said that in a marriage, a woman must sexually satisfy her husband whenever he wished it, whereas he only had to satisfy her once a year or even once in the marriage! (Some couples might relate to this from experience!)  This is very much against the spirit of Caliph Umar’s example above, and of Ibn Abbas, who said that he liked to beautify himself for his wife just as he wished her to beautify herself for him.

Summary: The Sunnah indicates that sexual satisfaction is a fundamental right of all human beings, especially women, for societies past and present have tended to be focused on men’s sexual satisfaction.

 

  1. What is your opinion of self-pleasure. Is it permissible in Islam? (If you do not agree that it is permissible, how is it that one person can then teach another about their own pleasure?)

Many of our jurists, but not all, have always said that masturbation is haram based on the identical ayahs of Surah al-Mu’minun (Believers) & al-Ma’arij (Ascending Stairways): “They guard their chastity or private parts, except with their spouses or what their right hands possess.”

Note that the latter phrase referred to slave-women, because the ancient rule was that men could have sex with their unmarried slave-women, since they owned the latter, including their bodies.  (The HBO series Rome depicts examples of this in Roman society.) Strangely enough, the jurists never applied the same rule with genders reversed, i.e. slave-owning women were not allowed to have sex with their unmarried male slaves.  Here, we should note that “sex with slave-women” was probably rape in most cases, and thank God that we as humanity have evolved now to the point of abolishing slavery and criminalising all forms of rape.

Some dry, legal (or perverted) minds even interpreted “what their right hands possess” to include animals and hence justified bestiality – we know about this because Imam Shafi’i refuted them. I seek refuge with Allah!

Ibn Abbas said that masturbation was better than fornication (or adultery, both covered by the term zina).

I agree with Ibn Hazm who said that masturbation is not prohibited, since it simply involves the letting out of bodily fluids, but that it was not a dignified thing to do.  It strikes me that this was the dominant attitude in contemporary Britain also, since the colloquial term for “male masturbator” is a term of abuse (often heard at football matches for a referee making unpopular decisions), signifying society’s disapproval of it.

This relates to my previous point about fiqh rulings being a spectrum: Ibn Abbas pointed out that masturbation, however objectionable it may be to many, wasn’t as bad as zina whilst Ibn Hazm didn’t say it was prohibited, but this didn’t mean that he recommended it either and in fact discouraged it.  From a legal/ethical perspective, we might say that it is makruh (disliked) and better to avoid.

Summary: Ultimately, masturbation has to be weighed in terms of harms and benefits: emotional, physical, medical and spiritual. Studies have shown that pornography-addicted masturbation can lead to a loss of libido. Sheikh Hamza Yusuf, in his famous Dajjal and the New World Order talk given at my local mosque in North London in 1994, pointed out the harms of being addicted to the virtual world, since we would lose contact with the “real” world and “real” sex: We want real sex, not virtual sex!, he said. Ironically, this is now the same message being promoted by the actress Pamela Anderson: avoid pornography, and have sex with real, consenting people.

But masturbation with pornography is nowhere near as bad as destroying several relationships by committing adultery. (As Ibn Abbas said: masturbation is better than fornication.)  On the other hand, there is much harm and exploitation of people, usually women and children, on pornographic websites, so we’re back to benefits and harms.  The ultimate answer lies in the Islamic principle of avoiding harm and maximising benefit.

 

  1. What is your opinion about the permissibility of sex toys in Islam?

Based on the above, because masturbation is neither prohibited nor necessarily desirable, and could well be regarded as undignified and makruh, the same is true of sex toys.  A creative, modern jurist or exegete might even point out that sex toys could fall under “what their rights hands possess”!

 

  1. What is your opinion about oral sex in Islam?

I take the view that it is allowed, since there is no clear text or principle to prohibit it, but that it might be regarded as undignified and makruh.

(I follow the principle that matters are allowed unless specifically prohibited.  This includes sexual matters.  I don’t accept the principle advocated by some that sexual matters are prohibited unless specifically allowed.)

I suppose I’m saying that masturbation, sex toys and oral sex are allowed in general, although probably makruh (disliked, and better to avoid).  However, if there is a lot of harm involved, they might become discouraged (makruh) or prohibited (haram), whereas if there is a lot of benefit, e.g. they are the only way to save a relationship, they might become encouraged (mandub) or even obligatory (wajib), e.g. if sexual satisfaction, a fundamental human right, cannot be achieved in any other way.  Although in the latter case, abstinence and fasting are recommended in the Islamic tradition, as in the famous hadith advising young men and women to fast in order to decrease their sexual drives.

 

  1. If a woman is raped by her husband during Ramadan, does she have to make up the fast?

Firstly, and most importantly, rape, even within marriage, is haram in my view.  It is of course a serious crime in modern, Western countries such as ours (Britain).  Therefore, this question involves a criminal offence and of course the husband could go to jail – there are many cases of this involving a Muslim husband. The criminalisation of rape within marriage is based on principles of human rights and the full, individual autonomy, independence and equality of men and women. These principles are also Islamic.

As for the famous hadiths saying that if a man wishes to have his way with his wife, she must submit to him even if she’s cooking or doesn’t feel like it etc., otherwise God, His angels and the houris of heaven will curse her: we must ask, is this really from the Prophet of Mercy, the Mercy to the Worlds, the final Messenger of God, or is it hadiths fabricated by men to help maintain their power over women?  I have come to the firm conclusion that it is the latter.

Therefore, Muslims, including their religious scholars and jurists must debate these issue and provide clear guidance because of the clear conflict between these hadiths (how authentic are they?), much of our traditional fiqh (how relevant is it?) and these modern laws that I would argue are Islamic in spirit, not un-Islamic or anti-Islamic.

On the secondary question about a raped woman making up fasts, the answer is: No, because no-one is liable for anything they’ve been forced or coerced into doing, just as someone being force-fed doesn’t break their fast. More importantly, she will need to recover from the trauma and might need emotional help and counselling.

 

  1. What advice do you have for couples in order to nurture love, affection and intimacy?

Keep love and romance alive with fun, laughter, exchanging gifts and activities together and, in general, spending quality time together doing healthy, positive stuff.  Or as one rabbi put it, have an affair with your husband or wife!

For couples with children, find ways of finding babysitting so that you can take time out as a couple and enjoy a romantic, dinner date that will remind you of that distant memory when you were a couple without kids. I know groups of friends or siblings who take turns to babysit each other’s kids, giving one couple every weekend to go on a date together, for example.  If this isn’t possible, pay a babysitter if you can afford it.  It costs money, but is a worthwhile investment in your relationship.  It also helps the babysitter of course, since they get an income.  This is how a healthy economy works: we benefit from each other in a win-win situation.

Do not get trapped in a loveless, dysfunctional and harmful marriage.  As we are told in Surahs al-Baqarah (The Cow) and Talaq (Divorce): live together in goodness, or separate with goodness.  In other words: make it work, and if it doesn’t work out, split up amicably. But please don’t remain in a relationship that is only bad for both of you and your children.  Damaged relationships can always be healed in theory, but often not in practice.

Having said that, it strikes me that some marriages continue as “mercy-marriages.”  I coined this term some years ago based on the famous verse of Surah al-Rum that mentions “love and mercy” between couples.  We often hear of love-marriages, so why not mercy-marriages? (The ideal is, of course, love-and-mercy-marriages.)  But a loveless marriage might continue as long as there is no abuse or harm, e.g. husband and wife stay together out of mercy for each other and for their children.

In all cases, seek help from Al-Wadud, Al-Rahman, Al-Rahim: the Loving and Beloved, All-Merciful, Most Merciful.

 

  1. What examples did our Prophet pbuh leave us to follow with regards to spirituality and intimacy?

As Sheikh Abdul Hakim Murad once told me: spirituality enhances sexuality.  The Prophet taught us that lawful sexual activity is a type of worship of God, and is rewarded.  This is because everything is imbued with the Divine – it’s just that we often forget it’s there because there are so many veils in creation, within us and outside us. In other words, sex is sacred.  This is why the Prophet taught us to say Bismillah and other short prayers before having sex, and why intimacy is better with increased spirituality of both partners.

Remember that sex can be sacred or profane. I agree with the tafsir view that the “forbidden tree” of Adam and Eve was the act of sexual intercourse. What other “fruit of a tree” makes you feel naked, such that you rush to cover your nakedness with fig leaves? Furthermore, Satan wasn’t lying when he told Adam and Eve that they would “become angels” (referring to the ecstasy of orgasm) or “live forever” (through their progeny from sex). The word ecstasy literally refers to “leaving your body,” i.e. departing the human realm.  This is why orgasm is potentially contact with a higher plane, i.e. the spiritual world of angels, if the sexuality is accompanied by spirituality.  (Presumably, profane or prohibited sex leads to contact with the diabolical world of devils and demons – the bad jinn or shaytans!)

The author Dan Brown writes that the moment of orgasm is the only time when your brain stops ticking and whirring -if true, this is presumably one of the reasons why it feels so good and removes many of the worries and anxieties that can plague our brains.  This whole discussion is also related to Sheikh Hamza Yusuf’s point after 9/11, replying to the endless questions about battlefield martyrdom and 70 virgins in heaven, when he said that this was a sexual metaphor to help people understand the immense spirituality of true martyrdom, because for many people, the only truly ecstatic experiences they have are in bed.  (He was defending the hadith, not the terrorists.)

And on this point of orgasm, it is well-known that Muslim men and women are required to shower or wash their entire bodies after sexual intercourse, especially if orgasm is achieved, because the post-orgasm state is unclean (junub). It is recommended to shower or at least perform the ablution (wudu’) before sleeping after sex if possible, although this is not compulsory for sleep, only for salat prayers.  Ibn Arabi commented that the reason for this is that the entire body enjoys orgasm, so washing is stipulated to remind ourselves not to become slaves to carnal desire but to remember to purify ourselves externally and internally to stand before God again.

According to many hadiths, the Prophet also sexually satisfied all his wives, sometimes all nine in the same night.  This evokes the Torah’s description of Moses in old age: “his natural powers had not abated.”  They were Prophets of God, and clearly their spirituality enhanced their sexuality. The Prophet taught, and manifested with his wives: love, laughter, play, affection, foreplay and sacred sex followed by purification and prayer.

 

  1. What rewards are there in Ramadan for being intimate – is it more rewarding to abstain?

Lawful sexual intercourse is a type of worship of God and is rewarded.  This includes the nights of Ramadan. However, it is recommended to abstain in the last ten nights as one searches for the Night of Destiny (Laylat al-Qadr).  Hence the hadith: the Prophet would tighten his waist-wrapper for the last ten nights, i.e. abstain from sex and focus on individual worship, which is also why the last ten nights are the best ones for i’tikaf (spiritual seclusion or retreat in the mosque for men and women, although the Hanafi school recommends this at home for women).

NB: this is a recommendation, not an obligation: in practice, what people do will reflect their spiritual state.  Lawful matters are good, and recommended ones are even better.

 

  1. Who can we turn to if our knowledgeable people are all men and mamas feel shy to ask about intimate questions?

Search harder for knowledgeable and pious women: there are many of them around, as there have always been – Allah will guide you to them if you seek them sincerely.

If you don’t feel shy, feel free to ask – many men would feel shy to be asked and answer, but they shouldn’t be, because it is said that the Prophet was asked about anal sex and other intimate matters.  Before he replied, he quoted the Qur’an, Sural al-Ahzab (The Allies): Truly, God is not ashamed of the Truth!

(By the way, the tafsir and hadiths on anal sex have contradictory views and classically, it was a disputed matter as to whether or not it is halal or haram.  It is probably accurate to say that most authorities declared it haram, but a significant minority regarded it as halal including Ibn Rushd and, in our own times, the British-Iraqi sheikh Abdullah al-Judai.)

There were certainly female Sahaba who did not feel shy asking such questions.  Sahih al-Bukhari records that a woman came to the Prophet and asked for divorce from her husband because he was not, ahem, “well-endowed.” The phrase she used was, “What he has is like the corner of a piece of cloth.”  (Again, there is a well-known phrase for this in modern English.) Abu Bakr, who was present, disapproved, saying to another witness, “Look at this woman and how she speaks to the Messenger of God!”  But the Prophet did not rebuke her for asking forthrightly about intimate matters, and gave her the guidance she needed.

 

  1. A couple had intimate relations during fasting hours, just after fajr [dawn]. What is the kaffarah [expiation]?

Assuming they were fasting, I agree with the view that the kaffarah or expiation for this is to make up the fast, as one of the views mentioned by Imam Qurtubi in his tafsir, repent to God for breaking their promise to the Divine, and optionally to do as much charitable activity as possible.

By the way, there is a famous view based on a hadith, usually regarded as sahih, that says that the kaffarah is to free a slave, or to fast for two months consecutively, or to feed sixty needy people (twice a day). My firm conclusion is that this hadith was a mistake in narration, from a narrator who confused it with another Qur’anic ruling.  The latter ruling is in Surah al-Mujadilah (She Who Argued), and has exactly the same three options for someone who swore an oath not to have sex with his wife. The hadith itself says that the Prophet gave these options in turn to a man who had had sex with his wife whilst fasting in Ramadan (I think the narrator got confused: a study of the commentary on this hadith in Fath al-Bari will show the confusion in the various narrations).

For the first option, the couple couldn’t afford to free a slave. For the second option, the Companion is said to have replied: How can we fast two months consecutively, when we couldn’t manage one day?! For the third option, the Prophet asked them to feed sixty needy people.  They replied: There is no-one more needy than us! The Prophet is said to have laughed lovingly at their answers.  So in the end, the couple were so poor that they needed charity themselves, and their kaffarah (expiation) ended up being to feed themselves for two months with food aid donated by someone else!

Notwithstanding the touching aspects of this hadith, it is clearly a mistake, even though it is in Sahih al-Bukhari, because the expiation for breaking one fast cannot possibly be to fast two months consecutively in the Law of God The Wise (al-Hakeem), as the Companion himself says in the alleged hadith.

Therefore, I agree with the Egyptian fatwa above, and not the Saudi or “Seekers Guidance” one. As for “additional charitable activity” I would recommend for example that, if the couple can afford it, they could feed up to sixty needy people, twice a day, in a nod to the mistaken hadith.  The easiest way to do this is in the developing world.  For example, I know of a three-generation family of 12 refugees today in Africa, who can all be fed twice a day for a fiver (five British pounds sterling or £5). The expiation would thus cost £25 each, or £50 per couple – this would be of huge help to needy people abroad, and might serve as a deterrent to the couple from breaking the rules that they voluntarily entered into in a promise to God.

 

  1. Can a couple resume intimate relations if neither is fasting? Or is it prohibited during the day?

Fasting involves abstaining from food, drink and sex during the day.  If a couple are not fasting, then they may have sex during the day, just as they may eat and drink during the day.

An anecdote: Imam Abu Hanifa, known for his sharp legal mind that characterised the Hanafi school, was once consulted by a man who had sworn an oath to have sex with his wife during the day in Ramadan.  So now he was torn between two obligations: to fast and to fulfil his oath.  Imam Abu Hanifa replied: Go travelling with her! As travellers, they could now lawfully break the fast and fulfil the oath. (I learned this anecdote from Abuz-Zubair!)

This completes my answers, based on my knowledge and understanding at the moment.  Anything correct in them comes from Allah.  Any mistakes, for which I seek forgiveness from Allah, are from me and Shaytan.  May Allah bless and accept our efforts during Ramadan, and make it one of healing and self-reflection for the ummah of humanity.

 

© Usama Hasan

1st Ramadan 1441 / 25th April 2020

Temporarily resident at The Children’s Trust, Tadworth, Surrey, UK

NB a note to younger generations: The title of this blog piece is adapted from a famous British comedy of the 1970s called, No Sex, Please – We’re British! In the 1980s, there was a comedy sketch on British TV spoofing this called, No Sex, Please – We’re Iranian! This came after detailed coverage of the enforcement of the chador in Iran after the 1979 revolution, and may have been related to the anecdote of the Iranian bank that enforced headscarves on their female staff, even the non-Muslim ones, in their London branch.

Minor updates: 14 Ramadan 1441 / 8 May 2020.

Modern Islamic Warfare Ethics

November 10, 2019

Modern Islamic Warfare Ethics

[Bismillah.  Part of the conclusion to Usama Hasan & Salah al-Ansari’s Tackling Terror: A Rebuttal of ISIS’ Fiqh al-Dima’  or Jurisprudence of Blood (Quilliam, 2018), consisting of 13 aspects of modern, Islamic warfare ethics as discussed by 20th-21st century Muslim jurists.]

During the course of this study, we have been able to demonstrate that ISIS’ warfare ethics are often medieval. We have also countered their positions by pointing out the balanced positions of mainstream scholars that effectively constitute modern Islamic warfare ethics. We summarise those here, as a positive alternative to ISIS’ medieval barbarism.

1.  Warfare can only be waged legitimately by modern nation-states.

2.  Peace is the default, basic norm governing international relations.

3.  War is only permitted for self-defence or to remove persecution in accordance with international law, not to coerce others into Islam.

4.  Suicide is prohibited, according to Islamic ethics. Suicide attacks are unethical, inhuman and un-Islamic.

5.  Islamic warfare ethics have always distinguished between combatants and non-combatants. Modern interpretations agree with the Geneva Conventions on legitimate targets in warfare.

6.  Weapons of mass destruction, including nuclear, biological and chemical weapons, and “scorched earth” operations including the killing of animals, are prohibited by Islamic warfare ethics.

7.  The kidnapping of civilians is not permitted in Islam and contravenes basic human rights and the Geneva Conventions, to which Muslim-majority states have generally signed up.

8.  Mutilation and decapitations (beheading) are prohibited; this prohibition of mutilation also includes the harvesting of organs for sale or trafficking.

9.  In a nation-state where the citizens are equal before the law, the army is composed of personnel whose loyalty to one another lies not in their religious affiliation but in their shared sense of obligation and citizenship.

10.  There is no harm in any state recruiting anyone who is eligible to work in the army; and, moreover, that no impediments should be made because of a citizen’s religious beliefs. Equally, there is no harm in a state going into an alliance with foreign forces if it is believed that this will achieve the best interests of their nation.

11.  There is great similarity between modern Islamic morality and humanitarian international law. The two moral frameworks agree that espionage is a punishable crime but that the punishment varies from one country to another. International law gives a special status to combatant spies. According to The Hague Regulations (1899), Article 31 provides that: a spy who, after re-joining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war. Moreover, they are to incur no further punishment for their previous acts of espionage. This is consistent with the modern adapted principles of the sharia.

12.  The Geneva Conventions on prisoners of war (POWs) are in harmony with the Islamic tradition of warfare ethics.

13.  Military retreat, surrender and other strategies are acceptable, depending on pragmatism; there is no religious requirement to “fight to the death.”

TEN TRUTHS ABOUT JIHAD

November 10, 2019

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

 

TEN TRUTHS ABOUT JIHAD

 

Bismillah. During the Islamic lunar month of Rabi’ al-Awwal [originally, the “first month of spring”], when the Prophet Muhammad, peace be upon him, was born and died, thus fulfilling an ancient Jewish or Israelite prophecy about the Prophets being born and dying on the same date, thus completing a cosmic cycle, I am moved to republish this article that I wrote in 2017, since the Prophet and his name continues to be praised and vilified around the world.  I suggest that it may be useful as a basis for Friday sermons (Jumu’ah / Jumma khutbahs) about Jihad, for those who agree with this content.

Within those last two years, some more things have happened:

(1) I was reminded that there are narrations in the Sirah tradition saying that the Prophet’s birth name was not Muhammad, but Qutham, and that Muhammad (“The Oft-Praised One”) was a title given to him later.  If these are true, then “Muhammad” would be much like “Christ” or “Buddha,” i.e. a title originally, not a name, although of course many titles become names later, and vice-versa, as with Caesar.

(2) Sheikh Hamza Yusuf Hanson recommended to me the book by Juan Cole, Muhammad: Prophet of Peace Amid the Clash of Empires (Hachette USA, 2018).  I’ve read a few chapters, and it is a very interesting read.  And it tends to confirm my own conclusions that I wrote on 1st August 2017 for the Muslim Reform Movement, and that are republished here as: Ten Truths About Jihad.  In particular, see the quote from Ibn Sa’d via Ibn al-Qayyim on the context of Qur’an, Repentance, 9:29, that appears to be the most militant verse in the Qur’an, but the context again suggests a meaning of self-defence!

(3) A modified version of this article was included by me and my friend, Sheikh Dr Salah al-Ansari al-Azhari in our Tackling Terror (Quilliam, 2018), a rebuttal of ISIS’ Fiqh al-Dima’ or Jurisprudence of Blood.

(4) I also discussed some of this with Prof. Rabbi Dan Cohn-Sherbok and Dr. George Chryssides in our chapter on “War and Peace” in our People of the Book – How Jews, Christians and Muslims Understand Their Sacred Scriptures (Jessica Kingsley Publishers, 2018)

But here we are, back to my original article [with a few additions in square brackets]:

 

TEN TRUTHS ABOUT JIHAD

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

[Note: the Meccan period of the Prophet’s mission represented peaceful preaching under persecution; the Medinan period represented city-state-power and included war. Hence the reference to Meccan & Medinan verses, to understand context.]

 

  1. THE ESSENTIAL QUR’ANIC TEACHING ABOUT JIHAD IS THAT IT IS A LIFELONG, NONVIOLENT STRUGGLE FOR GOODNESS, JUSTICE AND TRUTH AGAINST EVIL, INJUSTICE AND FALSEHOOD

The essential Qur’anic teaching about Jihad is that it is a non-violent struggle for goodness of all kinds, and against evil of all types.  This is clear from the following Meccan verses of the Qur’an:

“Struggle in God, as the struggle (jihad) deserves …” (Pilgrimage 22:78); and

“Obey not the concealers (of truth), and struggle against them with it (the Qur’an): a great struggle (jihad).” (The Criterion 25:52)

 

  1. DURING HIS 13 YEARS’ MISSION IN MECCA, THE PROPHET AND HIS FOLLOWERS WERE SUBJECTED TO PERSECUTION, BUT WERE ORDERED TO REMAIN PATIENT & NONVIOLENT

This is clear from verses such as the following:

“Withhold your hands (from violence in self-defence): establish prayer and give in charity” (Women 4:77)

Note that during this time, the Prophet’s followers were persecuted, tortured and killed. He himself was the subject of assassination attempts and plots (Spoils of War 8:30), but the Muslim response remained peaceful and nonviolent.

 

  1. DURING THE PROPHET’S 10-YEAR MISSION IN MEDINA, MILITARY JIHAD IN SELF-DEFENCE WAS EVENTUALLY PERMITTED

This is clear from Medinan verses such as the following:

“Permission has been given to those who were fought (to fight back), because they have been oppressed … those who were unjustly expelled from their homes, only for saying: ‘Our Lord is God’.” (Pilgrimage 22:39-40)

“Fight, in the way of God, those who fight you, and transgress not: truly, God does not love transgressors.” (The Heifer 2:190)

 

  1. MILITARY JIHAD MAY ONLY BE DECLARED BY A LEGITIMATE AUTHORITY

An example of such an authority was the Prophet Muhammad, undisputed leader of the city-state of Medina – see the Medina Charter, an agreement between the Prophet and the non-Muslim, largely Jewish, tribes of Medina, for clauses relating to mutual defence of Medina against external aggression.

Several Qur’anic verses that speak of fighting and concluding peace are addressed in the singular to the Prophet, e.g. Women 4:84 and Spoils of War 8:61. This is because only he, as the legitimate ruler of the city-state of Medina, had the authority to declare a state of war or peace.

Throughout the centuries of Islamic jurisprudence on warfare ethics, the jurists have agreed that only a legitimate authority can declare a state of war or military jihad. In modern times, this means that only legitimate states have the authority to declare a state of war or military jihad: vigilante or non-state actors such as terrorist groups have no Islamic authority whatsoever to issue a call to arms in the name of jihad. This is why we stated in the Muslim Reform Movement Declaration that “we reject violent jihad.” [i.e. by non-state actors]

 

  1. EVEN THE MOST APPARENTLY-BELLIGERENT VERSES ABOUT JIHAD ARE IN SELF-DEFENCE

For example, the eighth and ninth surahs or chapters of the Qur’an, al-Anfal (Spoils of War) and al-Tawbah (Repentance):

In Surah al-Anfal, the command to “Prepare against them your strength to the utmost …” is followed by the exhortation to accept overtures of peace from the enemy: “If they incline towards peace, then also incline towards it, and trust in God.” (Spoils of War 8:60-61)

Thus, the preparation of utmost strength is largely a deterrent, to encourage any enemies to sue for peace.

In Surah al-Tawbah, the command to “Fight them: God will punish them at your hands …” was preceded by the cause: “They violated their oaths and … attacked you first.” (Repentance, 9:12-15)

Thus, as in The Heifer 2:190 and Pilgrimage 22:39, fighting was ordered in self-defence. Note that in the Medinan era, the pagan, polytheistic Meccan armies attacked the Muslims in Medina several times, aiming to wipe the latter out, e.g. at the Battles of Uhud and the Trench. Thus, the Prophet and the Muslims in Medina were utterly justified in waging military jihad to protect themselves. The numerous Qur’anic verses dealing with military jihad against the Meccan polytheists must be understood in this context.

Finally, the verse of jizya (Repentance 9:29) was revealed when the Byzantines and their allies under Emperor Heraclius threatened the northern regions of Islamic Arabia from Syria, resulting in the Tabuk expedition that ended without any fighting.[1]

The jizya protection- and poll-tax, the name itself deriving from Persian [according to a narration by Imam al-Qurtubi under 9:29], was always a political tax, not religious. This is evident in the fact that some Islamic jurists later advised Muslims under the Reconquista in Andalusia to pay jizya to their Christian conquerors. Furthermore, the Ottoman Caliph abolished the jizya and the associated category of dhimma in the mid-19th century CE, with the agreement of his most senior Islamic scholars, recognising that it was no longer relevant to the modern world of the time.[2]

Thus, although early Muslim armies did take part in expansionist campaigns, at least partly motivated by the war strategem that ‘Offence is the best form of defence’, Muslim authorities, both political and religious, have recognised for at least two centuries that this kind of military jihad has no place in the modern world that is governed by treaties, peace agreements and international collaboration.

 

  1. MILITARY JIHAD WAS ALSO LEGISLATED TO PROTECT & PROMOTE RELIGIOUS FREEDOM

This is clear from the following Qur’anic verse:

“Permission has been given to those who were fought (to fight back), because they have been oppressed … those who were unjustly expelled from their homes, only for saying: ‘Our Lord is God’.

And were God not to check some people by means of others, then monasteries, churches, synagogues and mosques, where God’s name is mentioned often, would surely be demolished.” (Pilgrimage 22:39-40)

Thus, military Jihad was also legislated to protect the religious freedom of Muslims, Jews and Christians, according to the explicit text of the Qur’an. Muhammad bin Qasim, the 8th-century CE Muslim commander who first brought Islam to India, extended this religious protection to Zoroastrian and Hindu temples.[3]

Note that this religious protection also originally extended to the idolatrous polytheists of Mecca and Medina – the latter were included in the Medina Charter, and both were covered by the Qur’anic dictum, “To you, your religion: to me, my religion.” (The Concealers of Truth, 109:6) It was only when the Meccan polytheists refused to be peaceful and violently persecuted the Muslims, attempting genocide, that they were fought. Even then, the Hudaybiya peace treaty was concluded with them later.

 

  1. MILITARY JIHAD WAS ALWAYS CONDITIONED BY STRONG ETHICAL RESTRICTIONS

Numerous hadiths speak of the obligation of avoiding the killing of women, children, old people, peasants, monks and others in war – in the 7th-century CE, these were advanced, civilised teachings. Further hadiths forbid the chopping down of trees, burning of orchards or poisoning wells or other water supplies as part of war tactics. These teachings may be seen as Islamic forerunners of modern warfare ethics, such as the Geneva Conventions, that are also Islamic in spirit and must be seen as binding upon Muslims worldwide.

The 12th-13th century CE Andalusian philosopher and jurist, Ibn Rushd (Averroes), in his short ‘Book of Jihad’, part of his Bidayat al-Mujtahid (available in English as ‘The Distinguished Jurist’s Primer‘), discusses ten issues related to the philosophy and ethics of war or military jihad. Thus, Islam has a long tradition of warfare ethics.

 

  1. TO REITERATE, JIHAD IS A STRUGGLE FOR GOOD AGAINST EVIL

This may take many forms: jihad bil-mal is charitable spending; jihad bil-lisan is speaking truth or goodness against evil and injustice. Thus, all forms of social, intellectual and political struggle with noble aims are a type of jihad, in traditional Islamic terminology.  An example of this is the hadith or Prophet’s teaching, “The best jihad is to speak a word of truth before a tyrant ruler.”

However, this teaching does not privilege so-called ‘Islamic political parties’ or islamist groups that wrongly claim to monopolise interpretations of Islam in the social and political realms.

Jihad is a universal struggle for good against evil. The verse, “Struggle in God, as the struggle (jihad) deserves …” (Pilgrimage 22:78) also includes the teachings, “… This is the path of your father Abraham … Establish prayer, give charity and hold to God: He is your Protector  …”

 

  1. THE OUTER JIHAD IS ALWAYS UNDERPINNED BY INNER JIHAD

Inner jihad or jihad al-nafs (struggle against the self’s base desires) has always been understood as a prerequisite for taking part in the outer jihad, or struggle for goodness and truth in the world.

This is reflected in the Qur’anic promise of heaven to whoever fears standing before God and “forbids their self from base desires” (The Snatchers 79:40-41). Furthermore, a hadith states, “The true mujahid (holy warrior) is the one who struggles against their own self for the sake of God.”

Ibrahim bin Abi Ablah, an early ascetic of Islam, once remarked after a military expedition, “We have returned from the lesser jihad to the greater jihad,” i.e. from the lesser, military jihad to the greater jihad of lifelong struggle against evil. This teaching was also attributed to the Prophet himself and widely favoured by the Sufis, who were keen to preserve the spiritual dimensions of Islam during the early centuries of astonishing Islamic military conquests and worldly success. [Although many Hadith scholars did not accept this as a saying of the Prophet, they accepted its meaning, since it came from someone regarded as a holy main or saint (wali). Such scholars include Ibn Hajar al-‘Asqalani.]

 

  1. JIHAD TODAY

As shown above, Islamic teachings about jihad are essentially spiritual and non-violent. All charitable efforts or struggles by Muslims today for goodness, truth and justice against evil and injustice may be termed jihad. For example, the Prophet termed “struggling to help widows and orphans” and “struggling to serve elderly parents” as types of jihad. [Sound hadiths of Bukhari & Muslim, etc.]

Armed or military jihad is the strict preserve of legitimate authority such as modern nation-states engaging in ethical warfare: this is why the Muslim Reform Movement firmly rejects ‘violent jihad’ carried out by non-state actors or vigilante groups such as terrorist organisations.

What we really need is a jihad for universal human rights, dignity, equality, peace and justice, tempered by the mercy and compassion that are the essential spirit of Islam and the Qur’an.

 

Imam Dr Usama Hasan (briefly an armed mujahid alongside the anti-communist mujahideen in Afghanistan, 1990-1)

London, UK, 1st August 2017

Modified & republished: 10th November 2019 / 12th Rabi’ al-Awwal 1441

 

NOTES:

 

[1] Ibn Sa’d said, “It reached the Messenger of God, may God bless him and grant him peace, that the Romans [Byzantines] had gathered large multitudes in Syria, and that Heraclius had prepared provision for his men for a year. He had brought with him the tribes of Lakhm, Judham, ‘Amilah and Ghassan. They had sent an advance party to al-Balqa’.” – cf. Ibn al-Qayyim, Zad al-Ma’ad, Al-Matba’ah al-Misriyyah wa Maktabatuha, n.d., vol. 3, p. 2

[2] cf. Usama Hasan, From Dhimmitude to Democracy, Quilliam, 2015

[3] Al-Baladhuri, as quoted by Ihsanoglu. cf. Usama Hasan, From Dhimmitude to Democracy, Quilliam, 2015, p. 26

 

UK Ramadan fasting times for 2017

May 22, 2017

Bismillah. As I’ve written about before, there are different views on excessive fasting hours in the summer at high latitudes such as the UK. I am not going to repeat those, but try to provide the scientific, astronomical data, information and knowledge to help support others to come to their own conclusions.

In this post, I give the dawn, sunset & possible fasting times for 2017, when mid-summer occurs towards the end of Ramadan: the average fasting times are slightly shorter than last year (2016), when they were maximum in the 33-year lunar/solar cycle, but not by much.

*I urge mosque timekeepers (muwaqqits) or others who develop fasting timetables to be transparent about the method they are using, and not vague references like “fiqh according to Madhhab X” because there are many views in every Madhhab. E.g. using an 18-degree or even 15-degree rule gives no timings for most of the UK. Fasting timetables in the UK summer should clearly state what method is used to arrive at the beginning time of fasting. Many timetables have excessive gaps between ‘dawn’ and sunrise of 2-3 hours with no sensible justification, since this is merely one possibility amongst many others and is indeed the most difficult for people. Indeed, with the summer midnight being at 1am BST, some of these timetables are forcing people to fast from soon after midnight. With the sunset-sunrise night length being 6-8 hours across the UK, the most reasonable view within this paradigm in my view is that of the last 1/6th, 1/7th or 1/8th of the night, giving a fasting time beginning an hour before dawn. However, other approaches are even more preferable. Over to others for discussion and to arrive at their own conclusions.*

Examples of dawn/sunset timings for the UK, 2017 (four UK capital cities)

This data is taken from HMNAO’s Websurf 2.0 website, and was reproduced with permission by the ASCL in their Ramadan 2017 guidelines. I have used the four UK capital cities, with three dates for each, roughly corresponding to the beginning, middle & end of Ramadan.

Date City Dawn (AST) Dawn (15D) Dawn (NAUT) Sunrise Sunset Fasting length (AST) Fasting length (15D) Fasting length (NAUT)
27 May London *** 0220 0305 0454 2103 *** 18:43 17:58
10 June   *** 0139 0245 0444 2117 *** 19:38 18:32
25 June   *** 0122 0243 0444 2122 *** 20:00 18:39
27 May Ed’burgh *** *** 0201 0441 2140 *** *** 19:39
10 June   *** *** *** 0428 2157 *** *** ***
25 June   *** *** *** 0428 2203 *** *** ***
27 May Cardiff *** 0232 0318 0506 2115 *** 18:43 17:57
10 June   *** 0152 0257 0456 2129 *** 19:36 18:32
25 June   *** 0136 0255 0457 2134 *** 19:58 18:39
27 May Belfast *** *** 0245 0500 2143 *** *** 18:58
10 June   *** *** 0159 0448 2158 *** *** 19:59
25 June   *** *** 0134 0448 2204 *** *** 20:30


AST
refers to astronomical twilight, when begins or ends when the sun is 18 degrees below the horizonKey:

15D refers to when the sun is 15 degrees below the horizon

NAUT refers to nautical twilight, when begins or ends when the sun is 12 degrees below the horizon

The astronomical definition of “dawn” is disputed, with various Muslim religious authorities adopting one of the three possible definitions given above.

*** in the above table means that the timing is not available, because the sun does not reach that far below the horizon. This happens every year during the summer at high latitudes, such as the UK.

 

NOTES:

  1. As confirmed by HMNAO, there is always a possible error of 1-2 minutes in sunrise and sunset timings: although we can calculate exactly the position of the sun relative to our horizons, refraction of the sun’s rays can introduce an error: the sun may be below the horizon but we see it just above, due to refraction.  (This does not always happen, of course: hence the error will be zero, one or two minutes.) This means that technically, mosque prayer timetables may wish to add 2 minutes to sunset timings and subtract 2 minutes from sunrise timings, just to be safe about the timings of the sunset and dawn prayers, and for breaking the fast.  However, this might also be hair-splitting: I recommend making these adjustments, but would not worry if they are not made.
  2. If we use astronomical twilight (Sun’s depression = 18 degrees) as the start of dawn, this does not occur at all during Ramadan 2017 in any of the four capital cities. Therefore, the fasting start time and fasting length would be undefined.
  3. If we use (Sun’s depression = 15 degrees) as the start of dawn, this does not occur at all during Ramadan 2017 in Edinburgh or Belfast. Therefore, the fasting start time and fasting length would be undefined in those cities. However, it does occur in London and Cardiff, giving fasting lengths of 19.5-20 hours during the month.
  4. If we use nautical twilight (Sun’s depression = 12 degrees) as the start of dawn, this results in fasting hours during Ramadan 2017 in London and Cardiff of 18-19 hours, and in Belfast of 19-20.5 hours. We only get defined fasting hours at the beginning of Ramadan for Edinburgh, of 19.5-20 hours.
  5. Hence, it should be obvious that some ijtihad is required, eg a fraction of the night or a lower angle of the Sun below the horizon to designate the “beginning” of dawn. Another option is sunrise-sunset fasting rather than dawn-sunset, as done by some of the Sahaba (Tafsir Ibn Kathir & Ibn Hazm’s Al-Muhalla), or other, non-literalist options that I have described elsewhere.

NB: Our local latitude determines the lowest angle the Sun will dip below the horizon at mid-summer (~22 June). This angle can easily be calculated by subtracting 66.5 degrees (the latitude of the Arctic & Antarctic Circles) from the local latitude.

E.g.:

Within the Arctic Circle (66.5 deg or higher latitude), lowest Sun angle = zero or higher: the sun doesn’t set at all in the “land of the midnight sun.”

Edinburgh (56.0 deg lat): lowest Sun angle at midsummer = 56.0 – 66.5 = 10.5 deg below the horizon

Belfast (54.6 deg lat): lowest Sun angle at midsummer = 54.6 – 66.5 = 11.9 deg below the horizon

London & Cardiff (both 51.5 deg lat): lowest Sun angle at midsummer = 51.5 – 66.5 = 15 deg below the horizon

*NB: even using these angles of 10.5 deg, ~12 deg, 15 deg & 15 deg for Edinburgh, Belfast, London & Cardiff respectively will give very long fasting hours, as the table of timings above demonstrates.

Btw for Paris (48.9 deg lat): lowest Sun angle at midsummer = 48.9 – 66.5 = 17.6 deg below the horizon, so using the 18-degree rule gives no timings for Paris or anywhere north of it either at midsummer.

Have a blessed Ramadan 1438 / 2017!

Usama Hasan, Fellow of the Royal Astronomical Society, UK

UK Ramadan fasting times for last year (2016)

May 22, 2017

Bismillah. As I’ve written about before, there are different views on excessive fasting hours in the summer at high latitudes such as the UK. I am not going to repeat those, but try to provide the scientific, astronomical data, information and knowledge to help support others to come to their own conclusions.

In the first of these posts, I am including the dawn, sunset & possible fasting times from last year (2016) because then, mid-Ramadan coincided with mid-summer, hence giving the longest average fasting lengths in the 33-year cycle as the lunar years move through solar years.

Examples of dawn/sunset timings for the UK, 2016
(four UK capital cities)

This data is taken from HMNAO’s Websurf 2.0 website, and was reproduced with permission by the ASCL in their Ramadan 2016 guidelines. I have used the four UK capital cities, with three dates for each, roughly corresponding to: beginning, middle & end of Ramadan.

Date City Dawn (AST) Dawn (15D) Dawn (NAUT) Sunrise Sunset Fasting length (AST) Fasting length (15D) Fasting length (NAUT)
07 June London *** 0147 0248 0445 2114 *** 19:27 18:26
22 June (midsummer)   *** 0117 0241 0443 2122 *** 20:05 18:41
06 July   *** 0156 0256 0452 2118 *** 19:22 18:22
07 June Ed’burgh *** *** *** 0429 2154 *** *** ***
22 June (midsummer)   *** *** *** 0427 2203 *** *** ***
06 July   *** *** *** 0437 2158 *** *** ***
07 June Cardiff *** 0159 0300 0457 2126 *** 19:27 18:26
22 June (midsummer)   *** 0131 0254 0456 2134 *** 20:03 18:40
06 July   *** 0209 0308 0504 2130 *** 19:21 18:22
07 June Belfast *** *** 0209 0450 2156 *** *** 19:47
22 June (midsummer)   *** *** *** 0447 2204 *** *** ***
06 July   *** *** 0219 0457 2200 *** *** 19:41

Key:

AST refers to astronomical twilight, when begins or ends when the sun is 18 degrees below the horizon

15D refers to when the sun is 15 degrees below the horizon

NAUT refers to nautical twilight, when begins or ends when the sun is 12 degrees below the horizon

The astronomical definition of “dawn” is disputed, with various Muslim religious authorities adopting one of the three possible definitions given above.

*** in the above table means that the timing is not available, because the sun does not reach that far below the horizon. This happens every year during the summer at high latitudes, such as the UK.

 

NOTES:

  1. As confirmed by HMNAO, there is always a possible error of 1-2 minutes in sunrise and sunset timings: although we can calculate exactly the position of the sun relative to our horizons, refraction of the sun’s rays can introduce an error: the sun may be below the horizon but we see it just above, due to refraction.  (This does not always happen, of course: hence the error will be zero, one or two minutes.) This means that technically, mosque prayer timetables may wish to add 2 minutes to sunset timings and subtract 2 minutes from sunrise timings, just to be safe about the timings of the sunset and dawn prayers, and for breaking the fast.  However, this might also be hair-splitting: I recommend making these adjustments, but would not worry if they are not made.
  2. If we use astronomical twilight (Sun’s depression = 18 degrees) as the start of dawn, this did not occur at all during Ramadan 2016 in any of the four capital cities. Therefore, the fasting start time and fasting length were undefined.
  3. If we use (Sun’s depression = 15 degrees) as the start of dawn, this did not occur at all during Ramadan 2017 in Edinburgh or Belfast. Therefore, the fasting start time and fasting length were undefined in those cities. However, it did occur in London and Cardiff, giving fasting lengths of 19.5-20 hours during the month.
  4. If we use nautical twilight (Sun’s depression = 12 degrees) as the start of dawn, this resulted in fasting hours during Ramadan 2016 in London and Cardiff of ~18.5 hours, and in Belfast of just under 20 hours at the beginning and end of Ramadan, but not in mid-Ramadan (mid-summer). We had no defined fasting hours throughout Ramadan 2016 for Edinburgh.
  5. Hence, it should be obvious that some ijtihad is required, eg a fraction of the night or a lower angle of the Sun below the horizon to designate the “beginning” of dawn.

NB: Our local latitude determines the lowest angle the Sun will dip below the horizon at mid-summer (~22 June). This angle can easily be calculated by subtracting 66.5 degrees (the latitude of the Arctic & Antarctic Circles) from the local latitude.

E.g.:

Within the Arctic Circle (66.5 deg or higher latitude), lowest Sun angle = zero or higher: the sun doesn’t set at all in the “land of the midnight sun.”

Edinburgh (56.0 deg lat): lowest Sun angle at midsummer = 56.0 – 66.5 = 10.5 deg below the horizon

Belfast (54.6 deg lat): lowest Sun angle at midsummer = 54.6 – 66.5 = 11.9 deg below the horizon

London & Cardiff (both 51.5 deg lat): lowest Sun angle at midsummer = 51.5 – 66.5 = 15 deg below the horizon

*NB: even using these angles of 10.5 deg, ~12 deg, 15 deg & 15 deg for Edinburgh, Belfast, London & Cardiff respectively will give very long fasting hours, as the table of timings above demonstrates.

Btw for Paris (48.9 deg lat): lowest Sun angle at midsummer = 48.9 – 66.5 = 17.6 deg below the horizon, so using the 18-degree rule gave no timings for Paris or anywhere north of it either, at midsummer.

Usama Hasan, Fellow of the Royal Astronomical Society, UK

Ibn ‘Ashur’s Discussion of the Hadith Cursing Women Who Wear Wigs, Tattoos, Etc.

July 25, 2016

Bismillah.  Many people think that tattoos are absolutely prohibited (haram) in Islam due to a particular hadith. The following discussion from Ibn ‘Ashur shows that this is not the case.

Ibn ‘Ashur’s Discussion of the Hadith Cursing Women Who Wear Wigs, Tattoos, Etc.

 

Translation: Usama Hasan, 25/07/2016

 

(1) al-Tahrir wa al-Tanwir

 

وليس من تغيير خلق الله التصرّف في المخلوقات بما أذن الله فيه ولا ما يدخل في معنى الحسن؛ فإنّ الختان من تغيير خلق الله ولكنّه لفوائد صحيّة، وكذلك حَلق الشعر لفائدة دفع بعض الأضرار، وتقليمُ الأظفار لفائدة تيسير العمل بالأيدي، وكذلك ثقب الآذان للنساء لوضع الأقراط والتزيّن، وأمّا ما ورد في السنّة من لعن الواصلات والمتنمّصات والمتفلّجات للحسن فممّا أشكل تأويله. وأحسب تأويله أنّ الغرض منه النهي عن سمات كانت تعدّ من سمات العواهر في ذلك العهد، أو من سمات المشركات، وإلاّ فلو فرضنا هذه مَنهيّاً عنها لَما بلغ النهي إلى حدّ لَعن فاعلات ذلك. وملاك الأمر أن تغيير خلق الله إنّما يكون إنما إذا كان فيه حظّ من طاعة الشيطان، بأن يجعل علامة لِنحلة شيطانية، كما هو سياق الآية واتّصال الحديث بها. وقد أوضحنا ذلك في كتابي المسمّى: النظر الفسيح على مشكل الجامع الصحيح .

 

(Tafsir or Qur’an-commentary of: {ولأضلنهم ولأمنينهم ولآمرنهم فليبتكن آذان الأنعام ولآمرنهم فليغيرنَّ خلق الله}

 

[Satan says: I will misguide them, and give them false hopes; I will instruct them and they will surely cut the ears of cattle; I will instruct them and they will surely change the creation of God, al-Nisa’, 4:121])

 

 

 

Ibn ‘Ashur says:

 

Modifying creation, in ways that God has allowed, or in beautification, is not included in “changing the creation of God.” For example: circumcision changes the creation of God but is done for health benefits; shaving the hair gives the benefit of preventing some harms; clipping the nails is for the benefit of facilitating manual work; ear-piercing for women is for adornment with ear-rings, etc.

 

As for what is narrated in the Sunnah of cursing women who use false hair and wigs, pluck their eyebrows [to thin them] or widen the gaps in their teeth, all for the sake of beauty, this is one of the difficult matters for interpretation (ta’wil). [Translator’s note: some versions of this hadith also mention women who have tattoos on their bodies.] I think its interpretation (ta’wil) is that its purpose is to forbid characteristics that were regarded as those of prostitutes or idolatrous, polytheistic women in that era. Otherwise, even if we regard these as (still) being forbidden, the forbiddance would not reach the extent of cursing the women who do so.

 

In short, “changing the creation of God” only applies where there is an element of obeying Satan by placing a symbol of a Satanic quality, as is the context of the verse and its link with the hadith. We have explained this clearly in my book, al-Nazar al-Fasih ‘ala mushkil al-Jami’ al-Sahih (A Broad Analysis of the Difficulties of [al-Bukhari’s] Authentic Collection).

 


 

(2) Maqasid al-Sharia

 

 

 

Maqasid al-Shari’a (3/268-9; Wizarah al-Awqaf al-Qatariyya)

Chapter/Section fi maqasid al-tashri’ al-‘aammah: ‘umum shari’ah al-islamOn the General Principles of Legislation: the Generality of the Law of Islam:

 

We are certain that customs of people have no right – as customs – to be forced upon other people in legislation, nor in fact to be forced upon the original people themselves. It is true that the Sharia does force such customs upon people if they do not depart from them, because their adhering to these [customs] and the customs being central to them renders the customs as equivalent to mutual conditions that are considered in their mutual transactions, since the people are silent about anything contrary to these. An example of this is the view of Malik, may God have mercy upon him, that a noble woman is not to be forced to suckle her child, since that is the custom generally accepted by the people, and thus is like a [legal] condition. Hence, he applied the saying of God Exalted, “Mothers are to suckle their children for two complete years” (2:233) specifically to women not of the nobility, or regarded its context as being for the purpose of specifying the time period and not for the principle of mandating suckling.

 

From this principle of imposing a tribe’s customs upon it within the Sharia, where such customs are related to obligatory or prohibited matters, it becomes clear to us how to clear the confusion and huge problems presented to the jurists in understanding many of the Sharia’s prohibitions of matters where one finds no harm at all.

 

For example: the prohibition of wigs, widening gaps between teeth and tattoos for women, in the hadith of Ibn Mas’ud that “the Messenger of God, may God bless him and grant him peace, cursed women who use or ask for wigs or tattoos, or who pluck their eyebrows or widen the gaps between their teeth for the sake of beauty, who change the creation of God.” The mind is almost lost at this, because it sees categories of adornment for women, of which other types are permitted, such as rouge, perfume and the tooth-stick, so it is confounded by such a strict forbiddance of them.

 

The correct interpretation of this in my view, and which I have not seen anyone else articulate, is that those states [qualities and actions] were symbols of a woman’s weak morality amongst the Arabs. Thus, the forbiddance of these was a forbiddance of the underlying cause, or of becoming exposed to a violation of dignity or honour because of these states [qualities and actions].

Click here for a PDF with both extracts from Ibn ‘Ashur, in Arabic and English: tattooing-etc-with-english-translation

A BRIEF DISCUSSION OF A FATWA PROHIBITING POKEMON

July 25, 2016

A BRIEF DISCUSSION OF A FATWA PROHIBITING POKEMON

The following discussion of old and new fatwas about Pokemon illustrates how even an innocent or innocuous children’s cartoon is made into a symbol of a binary division worldwide by islamist extremism.

09/04/2001 Al Qaradawi prohibits Pokemon http://www.aljazeera.net/news/cultureandart/2001/4/9/%D8%A7%D9%84%D9%82%D8%B1%D8%B6%D8%A7%D9%88%D9%8A-%D9%8A%D8%B5%D8%AF%D8%B1-%D9%81%D8%AA%D9%88%D9%89-%D8%A8%D8%AA%D8%AD%D8%B1%D9%8A%D9%85-%D8%A7%D9%84%D8%A8%D9%88%D9%83%D9%8A%D9%85%D9%88%D9%86

11/07/2016 Pokemon craze sweeps across the Middle East http://english.alarabiya.net/en/variety/2016/07/11/Pok-mon-craze-sweeps-across-Mideast-.html

14/07/2016 Al-Azhar condemns Pokemon ‘mania’ http://gulfnews.com/news/mena/egypt/al-azhar-condemns-pokemon-mania-1.1862458

20/07/2016 Pokemon Go ‘haram’ – The Council of Senior Scholars of Saudi Arabia has explicitly renewed its own 2001 fatwa prohibiting Pokemon, to include Pokemon Go http://www.arabnews.com/node/956681/saudi-arabia

Summary of 2001 Aljazeera.net article (translation by Usama Hasan):

Sheikh Yusuf al-Qaradawi issued a fatwa prohibiting the Japanese Pokemon cartoon series and related films and games, “in order to protect the minds, beliefs and character of our children as well as their money: these people have perfected the art of looting it from them by consent, and gradually drawing their fathers and mothers into agreement also.”

Sheikh Qaradawi explained that his fatwa prohibiting Pokemon was issued after discussion broke out about Pokemon, its Sharia ruling and whether it is halal or haram. The Sheikh added, “I was asked about this by many fathers and mothers concerned about bringing their children up in an authentic Islamic way, in which their beliefs would be sound, their worship correct, their souls purified and their manners and character upright.”

Qaradawi emphasised that his fatwa was based upon the views of devout believers who were also experienced thinkers and who knew the issues of art, drama and TV series etc. He warned that Muslim jurists must not rush to pronounce judgment on such issues before knowing its reality, “for the judgment upon something is derived from its conception, and the jurists usually are not aware of such matters because they do not watch such series or games, especially since these are for children.”

Sheikh Qaradawi specified five reasons that led him to prohibit Pokemon:

  1. It is a danger to our creed (‘aqidah), since it is based on Darwinian thought, known as the theory of evolution, the development of species and types from lower to higher and more powerful creations.
  2. It is a danger to a child’s mentality and his good, intellectual upbringing, since it implants in his mind imaginary matters that have no foundation, supernatural things that are not consistent with God’s natural ways. This is because these insects or new creatures (Pokemons) have weird and wonderful qualities that have no basis in either reason or tradition.
  3. Pokemon is a danger to a child’s character and their good relationship with those around them, since the film has unearthed the theory of conflict and survival of the strongest, which is also a Darwinian theory. The film and TV series promote perpetual conflict, continuous fighting and a cycle of violence amongst its characters.
  4. The Pokemon game involves a type of gambling [in this case, spending money without equal counter-value], which is prohibited by the Sharia, since the upgrades are sold for tens, hundreds or even thousands of riyals, dirhams, pounds or dinars, especially the most powerful upgrades.
  5. Pokemon has characteristic symbols that have their own indications, e.g. the “six-pointed star” that is related to Zionism and Freemasonry, and which has become a symbol of the usurpatory state named “Israel.”

[6] Qaradawi called upon Muslims and Arabs to have “our own special products that express our beliefs, values, laws, customs, heritage and civilisation. Our innovative writers, academics, artists, technologists, the rich and the powerful should work together to do this. Thus, we should present films and cartoon series that carry our message and express our personality and religious, cultural and civilisational identity in simple, eloquent and attractive language.”

Brief comments on the above points by Usama Hasan:

  1. Darwinism: interestingly, a leading 19th-century Western scientist regarded this as a Muslim theory: “ … the Mohammedan theory of the evolution of man from lower forms, or his gradual development to his present condition in the long lapse of time.” (History of the Conflict between Religion and Science by John William Draper, 1811-1882, Electronic Text Center, University of Virginia Library, p. 188) Furthermore, Sheikh Qaradawi himself later moved away from this blanket condemnation of evolutionary theory: “Even research into the beginning of creation [is allowed in Islam], as long as one keeps in mind that we are looking into creation, meaning that there is a Creator … Even if we assume that species evolved from species, this is only by the will of the Creator, according to the laws of the Creator … If Darwin’s theory is proven, we can find Qur’anic verses that will fit with it …” Al-Jazeera TV (Al-Shari`ah wal Hayat, Arabic), 3 March 2009
  2. This discussion could be applied to many weak hadiths and also to fiction, including science fiction that is known to help inspire scientists, e.g. Arthur C Clarke’s famous predictions of the emergence of the internet and other developments. For science fiction in an Arab/Islamic context, see the Sindbad Sci-Fi project (http://sindbadscifi.com/)
  3. For sure, violence in films, TV shows and computer games is a major matter of concern for humanity worldwide. However, Sheikh Qaradawi’s concern in this regard is undermined by his other fatwas permitting the murder of Israeli civilians, since he regards Israel as a “militarised society” and therefore does not recognise any Israeli adults as civilians.

    Note also that the “survival of the fittest” is an aspect of our biological nature that was recognised by Muslim thinkers over a thousand years ago, including Al-Jahiz (776-869 CE) and his “Struggle for Existence” theory that anticipated a type of crude Lamarckism, one of the precursory theories to Darwinian evolution. (See Rebecca Stott, Darwin’s Ghosts, Bloomsbury, 2012, Chapter 3: Al-Jahiz; cf. also Jim al-Khalili, Pathfinders, p. 76)

  4. Certainly, wasting large sums of money on useless computer games is wrong. But relaxation is part of, and preparation for, worship of God in the Islamic tradition and people are entitled to have a small budget for such leisure. Furthermore, computer games can aid and develop some neural and reflex skills.
  5. Note that the Moroccan flag, pre-Israel, also carried a six-pointed star, also known as the Star of David (Arabic: najm Dawud) or the Seal of Solomon (khatam Sulayman). Six-pointed stars are also found engraved on the walls built by the Ottoman Muslim ruler Sultan Suleyman the Magnificent around Al-Aqsa Mosque in Jerusalem, and on the tomb of the Prophet Muhammad’s maternal aunt Umm Haram in Cyprus (http://keehuachee.blogspot.co.uk/2013/07/part-2-hala-sultan-tekke-mosque-in.html). Since David and Solomon are revered “Prophet-Kings” in the Qur’an and the Islamic tradition, it is wrong to condemn their symbols. Indeed, Sufis such as Idries Shah and Martin Lings comment on the vertical-horizontal mystical symbolism of the six-pointed star.

    Furthermore, researchers into anti-semitism correctly note that “criticising Israel is not anti-semitism, but singling Israel out amongst the world’s states for criticism is anti-semitism.” (Similarly, I would argue that criticising Islam is not Islamophobia, but singling out Islam amongst the world’s religions, philosophies and traditions for criticism is Islamophobia.)

  6. The desire to preserve one’s own values is understandable, but nationalism taken to an extreme becomes fascism. The above fatwa was issued before 9/11 and smacks of divisive, us-vs.-them discourse, not to mention that it places Japanese Muslims in a very difficult situation, cf. A History of Islam in Japanhttps://unity1.files.wordpress.com/2009/06/islam-in-japan.pdf). It is also unhelpful for Western Muslims, Chinese Muslims, Indian Muslims and others. There is a certain irony about an Arab Sheikh using Western and Japanese technology to promote a xenophobic message, as though violence and other problematic issues do not exist within Arab and Muslim culture.

    The 99 (Islamic Superheroes) by Dr Naif al-Mutawa, produced 2006-2013, are arguably the kind of thing that Qaradawi was calling for. But here is a sobering reminder of some of the reaction to it (https://en.wikipedia.org/wiki/The_99): Saudi clerics ruled the series blasphemous because the superheroes of its title are based on the 99 attributes ascribed to Allah in the Holy Quran. The Grand Mufti Abdulaziz al-Sheikh said, “The 99 is a work of the devil that should be condemned and forbidden in respect to Allah’s names and attributes.” The original comic strip version, first released in 2006, had already run into opposition from Muslims not only in Saudi Arabia but also in neighboring Kuwait, where it was created and produced by media executive Nayef al-Mutawa. Andrea Peyser, columnist at the New York Post, wrote in October 2010: “Hide your face and grab the kids. Coming soon to a TV in your child’s bedroom is a posse of righteous, Sharia-compliant Muslim superheroes, including one who fights crime hidden head-to-toe by a burqa.” In 2014, The Kuwait Times reported that ISIL members had issued death threats and offered unspecified rewards for the assassination of Dr. Al-Mutawa, via Twitter. Al-Mutawa defended the work saying that he had received clearance from sharia scholars and never would have gone ahead with the project had he not.

    See also Burka Avenger (http://www.burkaavenger.com/), an award-winning homegrown Pakistani cartoon series (2013-present, https://en.wikipedia.org/wiki/Burka_Avenger) that is currently aired by Nickelodeon in Pakistan.

What we do need now is an inclusive discourse of universal, shared values, of replacing a “clash of civilisations” with a dialogue and co-operation of civilisations.

Usama Hasan, 15/07/16 (edited 25/07/16)

Difficulties with fasting: Al Azhar Fatwas and other resources

June 6, 2016

Bismillah.  Here are some relevant resources:

 

  1. The Association of School and College Leaders (ASCL) has worked with Islamic scholars, imams, chaplains and leaders to produce an information paper for schools and colleges over the observance of Ramadan during this summer’s exams.
  2. The Practice of Fasting in the Modern World – seminar abstracts from Al Mahdi Institute
  3. Al Azhar fatwa from 2010 on “Fasting in Countries where the Nights are Short [and the Days are Long]” – detailed jurisprudence, worth a read. Mentions the 18-hour example as definitely constituting harm: “People living in countries with extreme variations in daylight hours and nights face an 18-hour fast or more (more than three-quarters of the entire day), which is certainly a difficult feat. Expert opinions determined the inability of the human body to tolerate such extended periods of fasting which definitely poses harm. Therefore, we cannot maintain that harm is the objective of Islamic law.” Their conclusion is to follow the timings of Mecca and Medina, or what is known as the Hijazi timetable.  For practical advice on following this in the UK, see Hafiz Naveed’s work at http://www.al-rukn.com
  4. Al Azhar Fatwa (2015): “Fasting For Those Working in Strenuous Jobs”
  5. Fatwa on breaking the fast during Ramadan for students revising for exams (see below for Arabic text)

    Source: http://www.elwatannews.com/news/details/36353, 09/08/2012

    Question: Is it permitted for the student to break his/her fast in Ramadan to be able to revise in preparation to take exams?

     Answer: Dr. Ali Goma, the Mufti of Egypt, replied:

    It is appropriate to distinguish between a student who can handle revising with some degree of hardship and one who cannot do so at all because of fasting. It is also appropriate to distinguish between students who finds someone to sponsor him and one who works to support himself and his dependants and whose working life, essential for him to support them, will be affected as a consequence of his failure in the exam.

    If student who is mature and responsible under Sharia is in a desperate and real need to revise during the days of Ramadan such that it will affect his and his dependants’ livelihood, and he knows that most probably – by any sign or experience – that his fasting will lead to his failure due to physical weakness or will impair his academic education which is necessary to generate his income and his essential expenditure or the livelihood of his dependants, in this case it permitted for him to break his fast. This is based on what Ibn ‘Abdin and other jurists stated where they allowed bakers and people with similar occupations of manual labour to break their fast.

    It is mandatory on these students in this case to make up the missed days, because of this necessity (darurah) or the need (hajah) that is effectively a case of necessity, as soon as this emergency situation comes to an end.  It should be noted that this fatwa is based on necessity (darurah), which is always evaluated in terms of its extent and degree. The necessity here is conditional upon (i) the student being forced to revise during Ramadan and it not being possible to postpone the exams.  It is again conditional upon (ii) the near-certainty on the part of the student that he will fail if he cannot study and (iii) upon the conviction that this failure will impair or deprive him from completing his education where he will not be able to find work except through it or he will not be able to provide for his and his family’s basic needs except by obtaining it (the education). If one of these conditions is not met, fasting becomes obligatory on him and it is not allowed for him to break the fast.

    Translation by Salah al-Ansari & Usama Hasan

    اسأل والمفتى يجيب.. هل يجوز للطالب أن يُفطر فى رمضان ليتقوَّى على المذاكرة فى أيام الامتحان؟

    هل يجوز للطالب أن يُفطر فى رمضان ليتقوَّى على المذاكرة فى أيام الامتحان؟ يقول الدكتور على جمعة مفتى الجمهورية: ينبغى أن يُفرّق هنا بين من يستطيع المذاكرة مع نوع من المشقة وبين من لا يمكنه المذاكرة أصلاً بسبب الصوم، وأن نفرق أيضاً بين مَن يجد عائلاً يعوله وينفق عليه وبين من ينفق هو على نفسه أو عياله بحيث إن رسوبه سيؤثر على حياته العملية التى لا بد له منها لكسب قوته وقوت عياله؛ فإذا احتاج الطالب المكلَّف شرعاً احتياجاً أكيداً يؤثر على معيشته أو معيشة من يعوله إلى المذاكرة فى نهار رمضان، وغلب على ظنه بأمارة أو تجربة أن صومه يُفضِى إلى رسوبه المستلزم لضعفه أو عجزه عن إكمال مسيرته التعليمية التى لا بد له منها لاكتساب معيشته ونفقته الأساسية أو نفقة عياله: فإنه فى هذه الحالة يباح له الفطر؛ أخذاً بما استظهره ابن عابدين وغيره من إباحة الفطر للخبّاز ونحوه من أرباب الحِرَف الشاقة، والواجب على هؤلاء الطلاب قضاء ما أفطروه بسبب هذه الضرورة أو الحاجة التى تُنَزَّل منزلتها فور زوال هذا الظرف الطارئ عنهم. ويجب التنبه إلى أنّ هذه الفتوى إنما هى فتوى ضرورة، والضرورة تقدر بقدرها، وأنها مشروطة بكون مذاكرة الطالب مضطرّا إليها فى شهر رمضان ولا يمكن تأجيلها، ثم هى مشروطة أيضاً بأنه يغلب على ظنه الرسوب إن لم يذاكر، وهى مشروطة ثالثاً بأن هذا الرسوب سيضعفه أو يحرمه من استكمال دراسته التى لا عمل له إلا بها، أو من توفير الاحتياجات التى لا قوام له أو لعياله إلا بها. فإن عُدِم شرط من هذه الشروط فالصوم واجب عليه ولا يجوز له الإفطار.

Fatwa concernant le jeûne du mois de Ramadan au cours de l’été en Angleterre et les latitudes élevées

June 3, 2016

Bismillah al-Rahman al-Rahim 

 

Fatwa concernant le jeûne du mois de Ramadan au cours de l’été en Angleterre

 

Un certain nombre de personnes m’ont questionné sur la durée excessive du jeune pendant les mois estivaux en Angleterre.

 

Parmi celles-ci figurent ceux qui se sont mis récemment au jeûne, ainsi les personnes dans la force de l’âge ou âgées qui désirent jeûner mais ne parviennent pas à supporter les trop longs jours.

 

La durée d’une journée en Angleterre est d’à peu près 17 heures, du lever au coucher de soleil.

 

Puisqu’il n’y a pas de consensus quant au lever du soleil, la durée varie entre 19 heures et 20H05.

 

Cette durée augmente au fur et à mesure que l’on progresse vers le nord, spécialement en Écosse et Irlande du nord.

a/ Par exemple, j’ai visité Dublin en Juin 2000 : les prières du soir au Centre Islamique de Dublin (Mosquée de Clonskeagh) avaient lieu à 22H30, suivies par les prières nocturnes à minuit et celles de l’aube à 02 heures. En partant du principe que l’aube est à 01h du matin, cela donne une période de jeune de 21H30, de l’aube au coucher de soleil.

b/ En revanche, j’ai visité Stockholm en décembre 99 : le lever de soleil était à 10H30 et le coucher à 15H30. En hiver, la période de jeune est de seulement 06 ou 07 heures (alors qu’elle est de 09 ou 10 heures dans le sud de l’Angleterre).

 

Afin de réduire la période de jeune, notez que certains des Sahaba (Compagnons du Prophète), dont Hudayfa bin al-Yaman et ses héritiers mangeaient jusqu’au lever du soleil ou juste avant. Tabari et Ibn Kathir mentionnent plusieurs récits rapportant ce fait sous Coran 2:187, bien que les 2 rejettent cette pratique basée sur une lecture trop littérale (ils vivaient dans des pays aux climats modérés). Ibn Hazm approuve cette pratique dans son Al-Muhalla.

 

Les juristes ont discuté de ce point de droit concernant les latitudes élevées (tout ce qui est supérieur à 45 degrés selon Mustapha ZARQA, soit à mi distance entre l’Équateur et les Pôles). Ainsi que le Sheikh Muhammad Abduh, Grand Mufti d’Égypte le mentionne dans le Tafsir al-Manar, ils mentionnent de façon classique deux possibilités afin d’avoir des périodes plus modérées:

 

a/ Suivre les périodes des pays de la Révélation (La Mecque et Médine), tout au long de l’année, la période de jeûne y étant de 12 à 15 heures de l’aube au coucher du soleil

b/ Suivre les périodes du “pays modéré” le plus proche.

 

Abduh ajoute : “Ces deux options sont toutes deux valides puisque c’est une question de jugement (itjihad) et qu’il n’y a aucun texte équivoque à ce sujet.”

 

Vous noterez que se référer aux périodes du “pays modéré le plus proche” est équivalent au fait de suivre les “périodes modérées” de votre propre pays, c’est à dire le printemps ou l’automne, pendant lesquelles jour et nuit sont de durées similaires.

 

Abduh n’est pas le seul à prendre pareille fatwa. Il se réfère à des juristes plus anciens  de plusieurs siècles. Après lui, sa fatwa a trouvé un écho chez Mustapha Zarqa, Ali Tantawi et Jad al-Haqq, parmi d’autres. Les textes et les discussions afférents à ces fatwas peuvent être trouvés sur Internet.

 

La fatwa ci-dessus implique de séparer le jeûne de la période aube/ coucher de soleil.

 

L’esprit du jeûne est clairement “du matin au soir” et se focalise sur les aspects intérieurs sans couper les cheveux en quatre quant aux aspects externes.

 

Le fameux passage du Coran sur le jeûne 2:183-7 commence et finit avec taqwa (la conscience de Dieu) et inclut ce passage d’une sagesse mémorable: “Dieu désire que cela soit facile pour vous et non pénible … que vous arriviez au terme, magnifiez Dieu de vous avoir guidé et remerciez-le”.

 

Ce verset est en fait la base de nombreux hadiths dont le propos est de faciliter la pratique religieuse suivant le principe classique Hanafi (atteindre le bien même en opposition avec le raisonnement analogique) en accord avec 39:17-18 (cf. la première page du Kitab al-Istihsan dans le Al-Mabsut de al-Saraksi ainsi que les précisions des juristes contemporains sur Taysir (sujet facilitant), composant de l’esprit Prophétique et principe de la sharia.

 

Dans des circonstances exceptionnelles, le Prophète (la Paix soit sur lui) comprenait que “matin” et “soir” étaient relatifs aux habitudes et cultures des gens.

 

Hadith: Safwan bin Mu’attal, qui, vierge, fut impliqué avec Aïsha, mère des croyants, dans les scandaleuses rumeurs qui firent trembler Médine postérieurement à l’expédition de Mustaliq, fini par se marier. Sa femme rendit visite au Prophète et reprocha trois choses à son mari (Le Prophète défendit celui-ci et pardonna concernant les trois reproches). Une de celles-ci était que celui-ci “ne se levait pas pour la prière de l’aube et ne priait qu’après le lever du soleil quand il se levait”. Quand le prophète le questionna à ce sujet, il lui répondit que sa tribu ne se levait traditionnellement qu’après le lever du soleil et non à l’aurore. La sage réponse du Prophète fut la suivante: “Dans ce cas, prie quand tu te réveilles” (Fa idha-stayqazta fa salli, une hadith censée dans le Sunan, considérée comme authentique par Albani dans son évaluation des hadiths de Mishkat al-Masabih).

 

Ainsi, par exemple, ceux qui travaillent de nuit, œuvrant de nuit et dormant la journée, devraient jeûner pendant la nuit, la nuit étant devenu le jour pour eux et inversement. Le Coran qui encourage le jeune pendant la journée déclare de la même façon que la nuit est réservée au sommeil et le jour au travail (exemple: 78:9-11).

 

Un sheikh Azhari me suggéra récemment que 12 heures de jeûne étaient suffisantes, cela étant fondé sur la durée moyenne d’une journée: Ceci est vrai pour une journée durant du lever au coucher du soleil, quel que soit l’endroit sur Terre. Si on utilise la durée aube-coucher du soleil, on a des périodes de jeune de 13-14 heures. Notez que cette approche implique de conserver un jeune de même durée, sans rapport avec la saison pendant laquelle tombe le ramadan. En hiver, le jeûne serait bien plus long que si on se conformait à la période aube-coucher du soleil et certain d’entre nous suivent cette approche. Ceci fait référence au “jeune continuel” (sawm al-wisal où le jeûne continue la nuit): le Prophète le pratiquait pendant plusieurs jours d’affilée mais ne l’autorisait pas à ses disciples, à moins que ceux-ci soient certains d’en être capables.

 

Je suis informé que les musulmans de Norvège utilisent une période de 14 heures pendant l’été.

 

Un cas à part devra être fait du jeûne de 16 heures, fondé sur le point de vue de l’Imam Ghazzali suivant lequel le maximum qu’une personne soit dormir pendant une nuit est un tiers de la journée et de la nuit, à savoir 08 heures.

 

Insister sur le fait que ceux qui sont incapables de compléter de longs jeûnes devraient les faire à un autre moment est équivalent à déplacer le Ramadan de l’été vers l’automne, l’hiver ou le printemps.

 

CONCLUSION / FATWA

 

Que toutes nos louanges soient adressées à Dieu, La Paix et les bénédictions soient sur les Messagers de Dieu.

 

1/ Ceux qui veulent se conformer à la période aube-coucher du soleil, soit des jeûnes de 18 à 21 heures et peuvent le faire sans risque sont libres de le faire.

2/ Ceux pour qui cela est insupportable ou qui sont d’avantage convaincus par une approche non littérale de “matin jusqu’au soir” que par une approche littérale “aube jusqu’au coucher de soleil” peuvent jeûner pendant 12 ou de façon préférable 14 à 16 heures, commençant à l’aube, lever du soleil ou même leur déjeuner matinal habituel (petit déjeuner!). Ces horaires modérés sont fondés sur des fatwas de juristes vieilles de plusieurs siècles pour des latitudes élevées.

3/ Quelle que soit la période pendant laquelle une personne jeûne, elle ne doit pas se sentir supérieure aux autres. L’esprit du ramadan et du jeûne incluent la conscience de l’existence de Dieu, la patience, la persévérance, la gratitude, la prière, la vénération, la charité, la générosité, l’humilité, la purification de soi, le développement personnel, le fait d’aider les autres, la pitié, la compassion, le pardon, le fait de baisser les yeux (de ne pas adresser de regards lubriques à d’autres et n’avoir dans le cœur que Dieu), et le souvenir et l’amour de Dieu.

 

Puisse Allah le seul et l’unique possesseur d’une infinité de beaux noms, bénir l’humanité pendant ce mois et nous couvrir de sa grâce.

 

Sheikh Dr. Usama Hasan (Londres, Grande Bretagne)

 

1er Ramadan 1435/ 29 juin 2014 (updaté 6ème Ramadan, 4 juillet)

 

Traduit par Maître Charles Emmanuel Herbière

 

aussi: http://oumma.com/220871/fatwa-ne-parviennent-a-jeuner-cours-de-l-ete-angleter

 

A FATWA ON ZAKAT AL-FITR AND FOOD BANKS IN THE UK

July 16, 2015

WITH THE NAME OF GOD, MOST GRACIOUS, MOST MERCIFUL

A FATWA ON ZAKAT AL-FITR (“FAST-BREAKING ALMS-GIVING” AT THE END OF RAMADAN) & FOOD BANKS IN THE UK

Measuring foodstuffs for zakat al-fitr

(Please click here for a PDF of this fatwa: Zakat al-Fitr and food banks)

All Praise be to God, Lord of the Worlds.  Peace and Blessings of God be upon His Noble Messengers.

  1. The “fast-breaking alms-giving” (zakat al-fitr or sadaqat al-fitr) is a confirmed Islamic tradition at the end of Ramadan, of donating food (in the form of staple foodstuffs) to poor people before Eid prayer in the morning of the day of Eid. The majority of jurists hold that zakat al-fitr is compulsory (fard), whilst a minority hold that it is a highly-recommended tradition (sunna); a small minority even argued that it was abrogated by the full obligation of zakat.
  2. Any charitable donation may be sent abroad. However, it is a basic Islamic principle, in common with other religions, that “Charity begins at home,” or as the Prophet Muhammad, peace be upon him, expressed it repeatedly, “Begin with your dependants.” (ibda’ bi man ta’ul, a sound hadith with several narrations)  Thus, it is recommended for Muslims in Britain to distribute their zakat al-fitr offerings locally.  Furthermore, God and His Prophets repeatedly recommend the rights of neighbours: regarding food, the Prophet Muhammad, peace be upon him, emphatically taught, “By God, they are not trustworthy believers: those who spend the night with stomachs full whilst their neighbours go hungry!”
  3. Zakat al-fitr is usually given as food items; the Hanafi jurists allowed the giving of cash, but this was with the intention that the poor recipients may use the cash to buy food or other essential items. Therefore, it remains an option to donate zakat al-fitr as either food items or cash.
  4. The amount of zakat al-fitr payable is, per wealthy Muslim head (adult or child), traditionally equal to one saa’ (approximately 3 litres in volume[1]) of the staple food item, or possibly half of one saa’ (approximately 1.5 litres) for more expensive foodstuffs.[2] One saa’ equates to the following approximate weight of common UK staple foods: rice 2.5kg, flour 2kg, pasta 1kg, porridge (porage) oats 1kg; by comparison, one saa’ of dates (not a UK staple food) weighs approximately 2kg.[3]
  5. The retail prices of the above items imply that UK zakat al-fitr is approximately £3-£5 per person. Some jurists recommend, to be safe, giving 3kg of staple food, which would be more than one saa’ in the vast majority of cases of staple food.
  6. Alternatively, the zakat al-fitr amount was traditionally understood to be the equivalent of food for one or two meals, each meal consisting of one or two mudds (one saa’ = four mudds). Since an average, filling meal costs roughly £2.50-5.00 in the UK currently, this approach gives us a similar answer, i.e. zakat al-fitr at £2.50-5.00 or £5-10.
  7. Traditionally, zakat al-fitr was mostly given to poor Muslims: most jurists held that poor people who were not Muslim were not eligible to receive zakat al-fitr, since both poverty and Islam were conditions for recipients. But Imam Abu Hanifa and others held that poor dhimmis (non-Muslim People of Scripture, protected by Muslim authorities) were eligible to receive it, since poverty was the only condition for recipients.
  8. Since the category of dhimmis was abolished by the Ottoman caliph in 1856 in favour of equal citizenship (muwatana) irrespective of faith or religion, and since Muslims comprise only 4-5% of the population of Britain where all citizens are equal, zakat al-fitr in the UK may simply go to poor people, irrespective of their religion, faith or belief (or lack thereof).
  9. With up to a million annual estimated uses of food banks by people in the UK to complement their situation of poverty, an obvious way for Muslims to distribute their zakat al-fitr locally is via their local food banks. Since the recipients do not have to be Muslim, based on the view of Imam Abu Hanifa, this should pose no problem religiously.  Food banks based in areas of the UK with Muslim-majority populations, or those run by mosques, are likely to have recipients who are mainly Muslim.
  10. Suggestions for the staple foodstuffs of people in the UK include, but are not limited to: bread, potatoes, rice, pasta, cereals, flour, couscous, etc. (Traditionally, zakat al-fitr has been given in solid staple foodstuffs, whereas for fidya and kaffara, bread was prominently given, accompanied by oil, fat, vinegar, meat, etc. – cf. Tafsir Ibn Kathir on Qur’an 5:89 & 5:95. Long-life milk and juice is in demand at UK foodbanks, and it is arguable that these liquids are also UK staple foods.)
  11. It is thus recommended for wealthy Muslims in the UK who wish to distribute their zakat al-fitr to do so either directly to needy families, else via their local food bank, else via cash to a local, national or international charity.
  12. May God accept and bless our worship during Ramadan, Eid and all year round, and guide us towards helping to eliminate poverty and unnecessary hunger.

(Sheikh Dr) Usama Hasan: London (UK), 29th Ramadan 1436 / 16th July 2015

APPENDIX: SOME BACKGROUND RESEARCH

 

  1. EXTRACTS FROM THE BOOK OF ZAKAT AL-FITR (“FAST-BREAKING ALMSGIVING”) by IBN RUSHD / AVERROES[4]

Its ruling: The majority of jurists hold that zakat al-fitr is compulsory (fard).

The ‘Iraqi jurists and some of the later Maliki ones hold that it is a recommended tradition (sunna).

Some said that it was abrogated by the obligation of zakat, based on the hadith of Qays bin Sa’d bin ‘Ubadah, who said, “The Messenger of God, may God bless him and grant him peace, used to order us to give it [zakat al-fitr] before the obligation of zakat was revealed.  When the verse of zakat was revealed, we were neither commanded to, nor forbidden from, giving it [zakat al-fitr], but we continue doing so.”[5]

 

When does zakat al-fitr become obligatory?

Abu Hanifa and Malik via Ibn al-Qasim: At dawn on the day of Eid al-Fitr.

Shafi’i and Malik via Ashhab: At sunset on the last day of Ramadan.

Thus, for a newborn baby between these two times, there is disagreement as to whether or not zakat al-fitr is due on his/her behalf.

 

Recipients

Poor Muslims may receive it, by consensus (ijma’).

As for poor dhimmis [protected non-Muslims], most of the jurists say that they may not receive it. Imam Abu Hanifa said that they may receive it. Some said that only monks amongst dhimmis may receive it.

 

 

  1. EXTRACT FROM FATH AL-BARI, IBN HAJAR AL-‘ASQALANI’S COMMENTARY ON SAHIH AL-BUKHARI, CHAPTERS ON SADAQAH AL-FITR, HADITHS NOS. 1503-1512 (translations of these hadiths widely available)

http://hadith.al-islam.com/Page.aspx?pageid=192&TOCID=965&BookID=33&PID=2783

Ja’far al-Firyabi narrated in his Kitab Sadaqat al-Fitr (Book of Fast-Breaking Almsgiving) that when Ibn ‘Abbas was the governor of Basra, he ordered the giving of zakat al-fitr: a saa’ of dates etc. or half a saa’ of wheat. When ‘Ali came and saw the cheap prices, he commanded that a saa’ measure be used for all foodstuffs, indicating that he considered the value of the food, whilst Abu Sa’id considered the volume of the food.

ويدل على أنهم لحظوا ذلك ما روى جعفر الفريابي في ” كتاب صدقة الفطر ” أنابن عباس لما كان أمير البصرة أمرهم بإخراج زكاة الفطر وبين لهم أنها صاع من تمر ، إلى أن قال : أو نصف صاع من بر . قال : فلما جاء علي ورأى رخص أسعارهم قال : اجعلوها صاعا من كل ، فدل على أنه كان ينظر إلى القيمة في ذلك ، ونظرأبو سعيد إلى الكيل كما سيأتي .

 

  1. ABOUT UK FOOD BANKS

In the UK, the Trussell Trust (http://www.trusselltrust.org/) runs a network of foodbanks, although there are many other independent foodbanks and collection points run by churches, mosques, synagogues, temples, community centres, etc.  Trussell can help community and faith organisations to begin a foodbank, and also have a partnership with Tesco, such that every Tesco store is potentially a foodbank collection point.  Many foodbanks distribute food parcels to the needy on one day each week.

Trussell’s recommended items for foodbanks, based on http://www.trusselltrust.org/resources/documents/foodbank/website-shopping-list.pdf and variations in printed leaflets from Trussell:

  • Milk (long-life/UHT or powdered)
  • Sugar
  • Fruit Juice (long-life or carton)
  • Soup / Hot Chocolate
  • Pasta Sauces
  • Sponge Pudding (tinned)
  • Cereals
  • Rice pudding / Custard
  • Tea Bags / Instant Coffee
  • Instant Mashed Potato
  • Rice / Pasta
  • Tinned Meat / Fish
  • Tinned Fruit, incl. tomatoes
  • Jam
  • Biscuits or Snack Bars
  1. APPROXIMATE WEIGHT (MASS) OF ONE SAA’ (THREE LITRES) OF VARIOUS FOODSTUFFS, THE RECOMMENDED AMOUNT OF ZAKAT AL-FITR TO BE GIVEN PER PERSON

This is based on simple measuring out and weighing using a measuring container and scales found in an average kitchen, by the author on the date of the fatwa. (This is a fun, instructive and educational activity for adults and children towards a religious, humanitarian objective.)

  • Rice 2.4kg
  • Flour (medium chapatti) 1.8kg
  • Dates (sticky Saudi ones) 2.1kg
  • Pasta (white fusilli) 1.0kg
  • Porridge / porage oats (Scott’s) 1.1kg
  • Corn Flakes (Kellogg’s) 480g
  • Crunchy Nut Corn Flakes (Kellogg’s) 600g
  • Cheerios (Nestle) 360g

 

  1. EXAMPLE OF DIY ZAKAT AL-FITR IN ACTION IN THE UK

On this date, the author and his wife are blessed with four children, so the following foodstuffs, all in 500g packets, were bought from a local supermarket and delivered to a local foodbank collection point, by the grace of God:

Rice 5kg

Pasta 3kg

Porridge oats 2.5kg

Total cost: £20, working out at just under £3.50 per head for a family of six

May Allah (God) accept and bless our Ramadan and Eid!

FOOTNOTES / REFERENCES

[1] Cf. http://www.bakkah.net/en/zakat-fitr-measurements-saa-three-litres-mudd.htm

[2] Cf. Sahih al-Bukhari, Book of Zakat, Chapters on Sadaqat al-Fitr, Hadiths nos. 1503-1512

[3] Note that 3 litres of water weigh exactly 3kg, so this implies that all these foods are less dense (“lighter”) than water. In fact, they are denser than water but the air trapped between the food particles means that 3 litres of food generally weighs less than 3 litres of water (3kg).

[4] Extracted from: Ibn Rushd al-Qurtubi al-Andalusi [Averroes], Bidayat al-Mujtahid [The Distinguished Jurist’s Primer], Dar al-Kutub al-‘Ilmiyyah, Beirut, 1418/1997, vol. 1, pp. 413-420; a full English translation of this work is available, by Prof. Imran Ahsan Khan Nyazee

[5] Nasa’i, Ibn Majah, Hakim & Bayhaqi