Archive for the ‘Sharia’ Category

FREEDOM – Islamic reflections on Liberty

December 25, 2016

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

FREEDOM

Reflections by Imam Usama Hasan, Head of Islamic Studies at Quilliam Foundation, in preparation for the Inspire Dialogue Foundation conference in Cambridge, Saturday 17th September 2016, hosted by Lord Rowan Williams, Emeritus Archbishop of Canterbury

There are many universal human rights: arguably, freedom is one of the basic ones, intertwined with life itself. As Tipu Sultan, the famous Indian resistance leader against the British, exclaimed: “better to live one day, free as a lion, than to live as a slave for a thousand years.” Caliph Omar once berated one of his commanders, who had followed the common pre-Islamic medieval wartime practice of enslaving the women and children of a defeated army, asking: “how could you enslave people whom God had created free?!” echoing Moses’ defiant response to Pharaoh in the Qur’an (26:22), which asks: “is this the favour, of which you are reminding me, that you have enslaved the Children of Israel?”

Theologically, true faith is based on free will and free choice: any practice that is not free, including faith and religious observance, cannot be genuine. Hence the famous Qur’anic declaration (2:256), “There is no compulsion in religion!”

The centrality of freedom to faith raises important issues: drugs, alcohol, mental illness, carnal lusts and social pressures all mean that our choices and decisions in life are not totally free. How, then, are these actions judged by fellow humans and by God? In particular, one of the goals of religious practice has always been to remove internal shackles that inhibit our expression of humanity, enabling greater self-awareness and realisation of our potential. Thus, a tradition of the Prophet Muhammad says that “the world is a prison for the believer,” i.e. the moral person, and great sages survived imprisonment because they were, internally, free spirits. Ideas of freedom and liberty have, of course, strongly shaped the modern world since the 18th century with the abolition of slavery, French and American republican ideals and anti-colonial independence movements.

It is my firm belief that the great philosophers, sages and prophets: Moses, Mary, Christ and Muhammad, Buddha and Confucius, and men and women of God through the ages, supported the liberation of men and women of all colours, races and religions, children and slaves, individuals and populations, from the yokes of tyranny and oppression. Our modern heroes in this regard range from Wilberforce to Jefferson to Gandhi, Jinnah, Martin Luther King and Mandela.

But today, we still have our modern forms of slavery: bonded and child labour; entire multiple-generation families working in sweatshop factories; highly-organised international rings dealing in human trafficking, including that of children, for financial and sexual exploitation. Therefore, we need to address the above problems by rekindling the same spirit that historically liberated children from labour into education, slaves from enslavement into liberty, peoples from colonisation into independence, and people of colour from segregation and apartheid into civic equality.

Tony Blair, whilst UK Prime Minister, once said in an historic speech on Capitol Hill that “to be American is to be free.” In reality, as spiritual-animal beings made in the image of the Divine, to be human is to be free. Now, let’s continue with working towards inner and outer freedom, and sharing it with our fellow travellers, with the goal of reaching our full and common humanity.

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

(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 sa’ 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

Some thoughts on the Tunisia massacre, including why it is absurd to link an attack against a Muslim-majority state to Islam

July 1, 2015

Bismillah.

I would like to express my thoughts and prayers for the victims of the Sousse massacre, about 30 of whom are British citizens.

This was a monstrous attack, accompanied by a disgusting statement of justification (see previous blog post). The Imperial Hotel was hardly a “den of prostitution, vice and unbelief” – it was a legitimate holiday destination authorised by the state of “Muslim Tunisia” (to use ISIL’s own phrase). Rezgui is not a gallant knight, but a coward who attacked unarmed men and women holidaying with their families and friends, often with little children, some of whom are now traumatised and emotionally scarred.  Many of the victims were old enough to be the killer’s parents or grandparents, but he still showed them no mercy during his attention-seeking, narcissistic rampage.  “Look at me!  I am a deluded, wannabe holy warrior!”

The previous week, another deluded young man massacred nine African-Americans in a church in Charleston.  Some of the victims’ families have already forgiven the killer.  I hope that at least some of the British victims’ families will find it in their hearts to forgive the Tunisia killer, although that is of course easier to say than do, and it will be a painful internal journey for all the survivors and relatives – life is a constant journey, outwardly and inwardly, of course.

We are just days away from the 10th anniversary of the Al-Qaeda-inspired terrorist attacks in London on 7 July 1995. The ringleader of that attack claimed it was on behalf of “his people,” i.e. the people of Iraq, even though he had never set foot in that country. British Muslims should all stand in solidarity with the victims of 7/7 and of the Sousse massacre, and make it clear in no uncertain terms to the members, supporters, sympathisers and apologists of Al-Qaeda and ISIL everywhere, that include hundreds of deluded Brits, that the British people are “our people,” as are the vast majority of decent, civilised people everywhere. And all British people should come together against the horror and barbarism being perpetrated by ISIL and similar groups worldwide.

The terrorist mass-murderer, Seifeddine Rezgui, was clearly a loser who became a monster. The attacker’s title al-Qayrawani is carefully chosen: it claims that he is from Qayrawan or a graduate of it, an ancient Islamic city in Tunisia, and site of one of the oldest mosques and universities in the world. Hence the symbolism: a holy warrior, steeped in prayer and learning, slaughtering the Crusaders to protect them from “Muslim Tunisia.” This illustrates the utterly delusional, fantasy world of ISIL, although unfortunately, given the right conditions, there are millions of people seduced by this stupid and monstrous, ahistorical narrative. In reality, “Muslim Tunisia, a 99% Muslim-majority country, has an overwhelmingly secular constitution, approved by a coalition of post-Islamists and Muslim secularists, and this “Muslim Tunisia” is an enemy of ISIL, committed to protecting itself and its economy from being ravaged by ISIL madmen. Rezgui was clearly, utterly ignorant of the centuries-old ethical tradition of Islam, including in regard to warfare, never mind somehow being al-Qayrawani, or a graduate of Qayrawan, one of the oldest universities and centres of learning in the entire world.

Muslim Tunisian hotel workers saved the lives of their holiday-maker guests at the Imperial hotel. Muslim Tunisian doctors and nurses, including veiled and unveiled women, saved lives and treated the injured in the hospitals of Sousse. Crowds of Muslim Tunisians chased the ISIL fanatic, putting themselves in great danger, and some of them threw rubble at him from rooftops. It was Muslim Tunisian security forces and snipers who finally shot him dead, cutting short his rampage and saving many more lives. Since the massacre, crowds of Muslim Tunisians have rallied in protest against the massacre, carrying Tunisian and British flags, making heart signs in solidarity with the victims, and holding candlelit vigils in their memory.

This reality destroys the fiction entertained by both Muslim extremists and anti-Muslim bigots, that somehow Rezgui represents Islam or Muslims in any meaningful sense. It also illustrates the absurdity of linking this terrorism, overwhelmingly rejected by a 99% Muslim nation on the basis of their faith, to that faith itself.  Similar logic applied when terrorists murdered Muslim schoolteachers and schoolchildren last year in Peshawar, Pakistan, a 95% Muslim-majority country.  Just as no serious Brit associated IRA terrorism with Christianity, knowing the sublime ideals of that religion, no serious Muslim has any doubt about the disgusting, filthy nature of takfiri terrorism.  It is only to people outside the faith, often swayed by ignorance, fear and/or prejudice, that such questions are unclear. Westerners associating ISIL with Islam is equivalent to Easterners associating Breivik, with his symbols of the cross and crusade, with Christianity.  Neither position makes any meaningful sense.

Tunisia has produced the most ISIL foreign fighters ‎because of the relative success of the democratic process there: takfiris go abroad to live out their fantasies. In neighbouring Libya, the civil war provides ample opportunities for takfiri violence.

Thus, Muslim Tunisia has embraced democracy and secularism as antidotes to both dictatorship and islamism. This ISIL attack is a pathetic, cowardly attempt by childish, attention-seeking islamists to stop the consensus of the good people of Tunisia in favour of liberty, democracy and religiously-neutral secularism: the separation of mosque and state, a principle praised by one of the leading Sunni Muslim theologians of our time, Sheikh Abdullah bin Bayyah, in his Sina’at al-Fatwa as far back as 1428 / 2007.  A full translation of his arguments may be found in my essay, From Dhimmitude to Democracy, available elsewhere.

I end with my translation of a few selected phrases from the new Tunisian constitution (2014) that illustrates this “Islamic civil secular democracy”: for study, discussion and analysis. Note that this constitution has been endorsed by (the party of) Sheikh Rachid al-Ghannouchi [Rashid al-Ghannoushi], who has a Muslim Brotherhood background, but is effectively post-islamist:

Tunisia is a free, independent, sovereign state …

Islam is its religion. Arabic is its language. Democracy is its system …

It is a civil state, based on citizenship, the will of the people & the primacy of the law …

The people are sovereign, and are the source of authority, which they practise via elected representatives …

State slogans are: freedom, dignity, integrity, order. [hurriya, karama, ‘adala, nizam – all of which are maqasid or universal objectives of the ethical and legal tradition of Islam known as Sharia]

And because ISIL and their apologists do not believe in freedom, dignity, integrity and order, and have effectively lost the intellectual argument about the future of Islam, they will continue threatening their childish attacks and terrible violence whilst throwing a massive, global tantrum. And they will lose, because this madness is unsustainable in the face of the millions of decent, civilised people who will continue to stand strong for truth, justice, mercy and beauty, all of which are reflections of the Names of God, and will therefore always attract Divine help, intrinsically and extrinsically.

Abortion – Rulings in Islamic Jurisprudence and Muslim-majority countries

October 23, 2014

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

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

Rulings on Abortion – Islamic Jurisprudence (PDF)

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

[Update 26/10/2014:]

Here are some suggested study/discussion questions:

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

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

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

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

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

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

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

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

 

ABORTION, STAGES OF THE EMBRYO AND THE BEGINNING OF LIFE

 

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

 

Summary and translation by Dr. Usama Hasan

August 2014

 

 

Contents

 

1        A General Ruling on Abortion. 2

 

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

 

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

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

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

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

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

2.6        [The view of modern science] 5

2.7        Our view.. 5

 

3        Rulings on Abortion. 7

 

3.1        [Fatwa of the Islamic Fiqh Academy] 8

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

3.3        Views of past jurists about abortion. 8

3.4        [Discussion] 9

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

3.4.2        [Ibn Taymiyyah’s view] 10

3.5        Summarised Juristic Rulings Related to Foetuses. 10

3.6        The Ruling on Abortion due to Deformities. 11

 

 


1. A General Ruling on Abortion

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

2.5    When is the spirit breathed in? [ensoulment]

 

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

 

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

 

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

 

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

 

2.6    [The view of modern science]

 

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

 

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

 

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

 

2.7    Our view

 

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

 

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

 

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

 

In terms of life:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

3. Rulings on Abortion

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

 

3.1    [Fatwa of the Islamic Fiqh Academy]

 

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

 

3.2    [Resolution of the Islamic Organisation for Medical Sciences]

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

 

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

 

3.3    Views of past jurists about abortion

 

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

3.4    [Discussion]

 

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

 

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

 

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

 

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

 

3.4.2   [Ibn Taymiyyah’s view]

 

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

 

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

 

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

 

3.5    Summarised Juristic Rulings Related to Foetuses

 

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

 

3.6    The Ruling on Abortion due to Deformities

 

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

 

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

 

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

 

[1] Q. 5:32

[2] Q. 6:151

[3] Q. 17:31

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

[5] Q. 76:1

[6] Q. 3:59

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

[8] Q. 23:13

[9] Q. 23:14

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

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

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

[13] Q. 23:14

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

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

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

[17] Fath al-Bari 11/481

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

[19] Fath al-Bari 11/481

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

[21] Q. 17:85

[22] Fath al-Bari 11/468

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

[24] Q. 38:71-72

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

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

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

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

[29] Ibn ‘Abidin, Hashiyah, 1/602

[30] See sources previously cited.

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

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

[33] Ibn ‘Abidin 2/380

[34] Nihayat al-Muhtaj 8/416

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

[36] Al-Mudawwanah 2/437

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

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

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

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

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

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

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

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

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

April 15, 2014

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

I’d add the following notes:

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

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

U.H.

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

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

Conclusion

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

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

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

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

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

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

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

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

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

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

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

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

Islam and the Veil – Opening Up the Discussion About Hijab

February 3, 2014

Bismillah.  With the global discussion about the veil due to “World Hijab Day” on 1st February, 2014, this is a good time to re-publish here a detailed, academic paper from 2011.  It is from the following book: http://www.amazon.co.uk/Islam-Veil-Theoretical-Regional-Contexts/dp/1441187359/ – one of the editors was kind enough to say that mine was the best paper in the collection, which was quite a compliment since other authors include Javaid Ghamidi and other experts.

Please click here to download the full paper: Islam and the Veil – Usama Hasan

I also suggest the following questions as a guide to study/discussion sessions about this topic:

STUDY/DISCUSSION QUESTIONS ABOUT VEILING (FOR A HETEROSEXUAL CONTEXT)

1. Distinguish between the terms hijab (veil), khimar (headscarf) and jilbab (covering).  Are these religious or cultural aspects of dress/clothing, or a mixture of the two, i.e. religio-cultural?

2. God is veiled from humanity.  What is the nature of the veil(s), and what is meant by the veil being lifted for the believers’ Vision of God?  How did veiling (of women, caliphs – who had a hajib, etc.) symbolise the above truths?

3. What is the significance, if any, of the fact that in Surah al-Nur, men are instructed before women to “lower their gaze and guard their chastity” ?

4. Surah al-Nur: women were instructed to draw their headscarves (khimar) over their bosoms.  Is this a command to cover the head and hair, or to cover the breasts, or all of the above?

5.  Surah al-Nur: What is meant by the “ordinarily-apparent adornment” (zinah zahirah) that may be displayed by women? Is it parts of the body, the top layer of clothing, jewellery, make-up or a combination of these?  What would then be the implied “hidden beauty/charms” (zinah batinah) that men and women would only reveal to close family, spouses, etc. ?

6. Some Companions insisted that women must be covered top to toe in public, including the face; others excepted the face and hands, as did the majority of early authorities; others excepted the forearms, half-way to the elbows (Tabari) or all the way to the elbows (Qadi Abu Yusuf, for women who worked in bakeries and thus had to roll up their sleeves – mentioned by Imam Sarakhsi in Al-Mabsut); others excepted the feet also (Abu Hanifah); some even excepted the head and hair (minority view mentioned by Ibn ‘Ashur).  Some female Companions gathered their skirts when nursing warriors in battle such that their ankles or shins were visible (‘Aisha & Hafsa – Sahih al-Bukhari).  How are these views to be understood from the text?  Do the above views indicate that the context and ‘urf (social custom) is influential in what constitutes modest and appropriate dress?

7. Is the hadith of Asma about “covering up except face and hands” genuine or weak?  If the latter, does that support the niqab-obligation view or the khimar-not-necessary view?

8.  Is a woman to be regarded as “naked” and “sinful” if her face, hands, head, hair, feet, ankles, shins and/or forearms are visible in public, as per the above views? Or should the onus be on men to restrain lustful glances, as they are ordered to do so beforehand in Surah al-Nur?

9.  Surah al-Nur: In terms of the males “having no sexual desire” before whom a woman doesn’t need to worry about veiling, the commentators have extended this to several categories.  How should this be understood in modern societies?  What is your view about the classical view that obliged women to cover in front of their fathers and brothers to prevent the latter having incestuous thoughts?

10. Surah al-Nur: About “their women” before whom women can unveil, does this apply only to Muslim women or to all women (both views are classical) ?  Does it matter about the morality of such female company, i.e. is the matter related to appropriate dress and behaviour?

11. Surah al-Ahzab (hijab meaning curtain or screen): Does this verse imply gender-segregation?  If so, is that a general principle or was it only for the Prophet’s wives and family?

12. Surah al-Ahzab: what is meant by the jilbab?  Is it simply a shawl (Ibn al-Arabi & Ibn Kathir), any dress that reasonably covers the body, an outer garment or cloak on top of usual clothes, or a cloak with a hood that must go on top of a khimar (Albani’s view) ?

13. Surah al-Ahzab: The jilbab is explicitly “that they may be recognised (as noble women) so they are not harassed.” How is that to be understood and practiced in the modern world? Is it true that traditional clothing, i.e. khimar/jilbab/niqab protects Muslim women from sexual harassment in various societies?

14.  How does fiqh al-ma’al (jurisprudence of consequences, cf. Sheikh Abdullah bin Bayyah) apply to issues of gender-segregation and veiling/unveiling in the modern world?  In particular, what implications do veiling/unveiling have for working or professional women in Muslim/non-Muslim societies?

15.  Is the khimar or headscarf (mistakenly called hijab) a normal part of clothing in some cultures, analogous to a hat or cap, or a symbol of faith, modesty, purity, identity, or some combination of these?

16.  What are the psycho-spiritual effects of wearing a headscarf and/or jilbab and/or niqab for women?  Do these lead to confidence, subjugation, control, spirituality, modesty, pride, purity, ostentation, humility, holier-than-thou attitude or a combination of these?

17.  What are the psycho-spiritual effects upon men of women wearing a headscarf and/or jilbab and/or niqab?  In men, do these lead to feelings of purity, increased/decreased/repressed desire, a positive/negative attitude towards veiled/unveiled women, or a combination of these?  How does all this affect the attitudes of Muslim/non-Muslim men towards Muslim/non-Muslim women, whether veiled or unveiled, and their perceptions of beauty, attractiveness, sexuality and desire?

18.  What is all the fuss really about, and are men and women equal in this whole discussion?  Do the notions of gender-equality and women’s liberation have any bearing on the whole issue?

19. Who should ultimately decide what is appropriate dress and behaviour for men and women in a given society?  Is it men, or women, or male religious scholars, or female religious scholars, or panels of religious scholars, or society as a whole including parents, families, religious/spiritual authorities, etc.?

20. And finally, how does God, with the 99 Names of Beauty (jamali) and Majesty (jalali), to Whom we are all returning, relate to all of this in our lives?

Usama Hasan

London, 3rd February 2014 / 3rd Rabi’ al-Thani 1435

WHAT HAPPENS TO A MARRIAGE IF ONE OF THE COUPLE CONVERTS TO ISLAM?

January 13, 2012

Bismillah al-Rahman al-Rahim

WHAT HAPPENS TO A MARRIAGE IF ONE OF THE COUPLE CONVERTS TO ISLAM?

 Traditional Islamic jurisprudence says that Muslims should only marry each other.  The only exception to this is that Muslim men are allowed to marry women who are Ahl al-Kitab (People of Scripture), usually limited to Jews and Christians.  Traditionally, Muslim women were not allowed to marry non-Muslim men.  But what happens to a non-Muslim couple who are married, and later one or both of them convert to Islam?  Here are some fatwas on the issue, that slightly differ from each other:

A. Fatwa of The European Council for Fatwa & Research, including Sheikh Yusuf al-Qaradawi, Sheikh ‘Abdullah bin Bayyah, Sheikh ‘Abdullah al-Judai, Sheikh Suhaib Hasan and others (from Sheikh ‘Abdullah bin Bayyah, Sina’at al-Fatwa, pp. 356-7)

  1. If both of the couple become Muslim, and they are not close relatives by blood or suckling that would make the marriage invalid, their marriage continues in its validity. (NB they do not need an Islamic nikah ceremony.)
  2. If only the husband converts to Islam, they are not close relatives and the wife is a person of scripture, their marriage continues in its validity.
  3. If only the wife converts to Islam, the view of the Council is that: a) if she converts before the marriage is consummated, she must leave him immediately; b) if she converts after consummation and her husband converts within 3 months or within 3 of her monthly cycles, their marriage continues in its validity; c) as before, but if a long time period has passed, she may remain with him in the expectation that he will convert also.  If he eventually converts, their marriage continues in its validity, without needing a new marriage ceremony.  d) If she wishes to leave her husband after the 3-month time period, she should seek dissolution of her marriage from the relevant authorities.

4. If the wife is Muslim and the husband is not, the four Madhhabs do not allow her to remain with him after the expiry of the 3-month period, or to have sexual relations with him.  However, some scholars allow her to remain with him, fully-married, as long as he does not harm her regarding her religious practice and as long as she has hope that he will also convert to Islam eventually.

It is authentically narrated from ‘Umar bin al-Khattab that a woman became a Muslim while her husband remained non-Muslim: he ruled, “If she wishes, she may leave him or if she wishes, she may remain with him.”  Also, there is an authentic narration from ‘Ali bin Abi Talib: “If the wife of a Jewish or Christian man becomes Muslim, he is entitled to remain her husband, since he has a covenant with the Muslims.”  Similar views are authentically-narrated from Ibrahim al-Nakh’i, Imam Sha’bi and Hammad bin Abi Sulayman.

 

B. FATWA OF SHEIKH ‘ABDULLAH AL-JUDAI (from his book Islam Ahad al-Zawjayn, pp. 249-251)

  1. There is no decisive, unequivocal text (nass qati’) about this matter.
  2. There is no consensus (ijma’) about this matter.
  3. Pre-Islamic marriages are sound and valid.  They can only be annulled for definite reasons.  Difference of religion is not a definite cause of invalidity due to the absence of an unequivocal text and due to the existence of a difference of opinion about the matter.
  4. Evidence from the Qur’an and Sunnah shows that a couple remaining together with a difference of religion does not damage the basis of their faiths.  Their relationship remains sound, not corrupt.
  5. The simple fact that one of them converts to Islam does not invalidate the marriage.
  6. Despite the multitude of people converting to Islam in his time, it is not recorded at all that the Prophet (pbuh) separated a husband and wife or ordered their separation due to one of them converting, or due to one of them converting before the other.  What is authentic from him is the opposite, as in the case of his daughter Zaynab who remained married to Abul-‘As for six years after she converted to Islam and before he did so, just before the Conquest of Mecca and after the revelation of Surah al-Mumtahinah.  The most that happened was that she emigrated and left him in Mecca after the Battle of Badr, but her emigration (hijrah) did not nullify their marriage.
  7. To say that the ayah of al-Mumtahinah ends marital relations due to a difference of religion is not correct.  It only applies when one spouse is at war with Islam (harbi), not simply a non-Muslim (kafir).
  8. The ayah of al-Mumtahinah allows a believer to marry a believing woman whose husband is at war with Islam.  It does not obligate this.  The story of Zaynab shows that a woman’s marriage to a non-Muslim (harbi) man changes from being binding to being allowed.  The reason for this is the difficulty of her returning to her harbi husband, and the difficulty she faces without a husband.
  9. The ayah forbids a Muslim man from retaining a non-Muslim wife who has not joined him in emigrating from a land of kufr to a land of Islam, or has fled from him, renouncing her faith and joining non-Muslims who are at war with Islam.  The reason for this is to prevent an inclination towards ones enemies, as happened with Hatib bin Abi Balta’ah, who wrote to the polytheists about some of the movements of the Muslims due to the presence of some of his relatives in Mecca.
  10. When one of the couple converts to Islam whilst the other is not at war with Islam, they are allowed to remain together.  They are not separated simply due to difference of religion.  The evidence for this is the practice of the Prophet (pbuh) and the Companions regarding those who embraced Islam in Mecca before the Hijrah and at the Conquest of Mecca.  This was also the fatwa given by ‘Umar during his caliphate without any opposition, and also by ‘Ali.
  11. A difference in religion due to the conversion of one of the couple to Islam allows the annulment of the marriage but does not obligate it, as shown by the judgment of ‘Umar with the endorsement of the Companions.
  12. The conclusions of the Madhhabs in this matter are not to be given precedence due to their opposition to what is established, weakness of evidence (dalil), weakness of juristic indication (istidlal), or all of the above.
  13. The allowance for the couple to remain together means that their marital life together is permitted, including sexual intercourse.

 

C. TAKING INTO ACCOUNT THE LIKELY EFFECTS ON CHILDREN

The majority of jurists regard a man who doesn’t pray regularly out of laziness as still a Muslim and not a kafir, so his wife is not obliged to divorce him.

In certain situations, the wife is allowed to have patience and persevere with her marriage, despite the objectionable behaviour of her husband, especially if she has children from him and she fears that they will become psychologically ruined and wasted.

(Sheikh ‘Abdullah bin Bayyah, Sina’at al-Fatwa, p. 353)

Compiled and translated by Usama Hasan, London, 13th January 2012

Minor updates: 21/12/2015

A PDF version of this article can be found here: One of a couple converting to Islam

Update: 26/01/2017

D. A SIMILAR ANSWER GIVEN BY SHAYKH GIBRIL FOUAD HADDAD

Q&A reposted from http://eshaykh.com/halal_haram/convert-required-to-divorce-non-muslim-spouse/

Convert required to divorce non-Muslim spouse?

Question:

As-salamu ‘alaikum,

An urgent question that has certainly come up again and again, requiring an absolutely authoritative answer, is what is to be done if a married woman accepts Islam but her husband does not.

Let’s say as an extreme example that they’ve been married for fifty years, have ten children together and love each other dearly. The wife has no job skills with which to provide for herself, much less for her children; the husband is ill or handicapped and his wife takes care of his needs. He’s fine with her new faith and lets her practice as she likes and teach it to their children but does not want to accept or commit to it for himself.

What to do? Telling a Muslim woman who is already married to a non-Muslim man that she must divorce him because staying with him is haram, deserves the death penalty and will earn her Hell isn’t the same thing as telling an unmarried Muslimah that their intended marriage to a non-Muslim man is prohibited and will nullify her profession of Islam. Moreover, there are no children involved who love their father and might end up traumatized and hating Islam if it the breakup of the household. Additionally, forcing *already-married couples *to break up would certainly deter many non-Muslim women from converting to Islam, no matter how much they may wish to if it means breaking an existing or possible future marriage.

Please understand that I’m not arguing with Allah Subhanuhu wa T’a’ala. Hasha,  God forbid! Rather, I’m just trying to understand how the Islamic Shar’iah deals with this specific situation, which is certainly not rare in our time. The website,

https://unity1.wordpress.com/2012/01/13/what-happens-to-a-marriage-if-one-of-the-couple-converts-to-islam/

deals with the issue but I need to know how acceptable this opinion is for Ahl-us-Sunnah wal-Jam’ah. May Allah greatly reward you for any help you can give.

Answer:

Alaykum salam,

If there is acceptance on his part and tolerance for his wife’s religion then there is hope for himself eventually accepting Islam. This hope is the basis for validating the continuity of their marriage as in the case of Fatima bint Asad and her non-Muslim husband Abu Talib.

And Allah knows best.

Hajj Gibril Haddad