Posts Tagged ‘fatwa’

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)

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

 

Fatwa against ISIS

September 11, 2014

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

WITH THE NAME OF GOD, MOST GRACIOUS, MOST MERCIFUL

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

30th August 2014

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

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

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

 

SIGNATORIES (as of 11th September 2014)

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

Fatwa on fasting in Ramadan during the UK summer

June 30, 2014

UPDATE 1st Ramadan 1436 / 18 June 2015: Bismillah al-Rahman al-Rahim

1. There seems to be unnecessary fuss and controversy about this scholarly and practical discussion: disagreement is not disunity; a healthy discussion is not “fitnah.” A reminder: this is not a new fatwa – it was issued by Sheikh Muhammad Abduh 100 years ago, and re-iterated by Sheikh Mustafa al-Zarqa’, a leading 20th-century jurist.  The fatwa also applies to most of Europe – see below.

2. A senior Hanafi UK mufti informed me recently that medieval Hanafi jurists gave a similar fatwa, after Muslims travelled to Northern Europe including Rus (Russia).  Ibn Fadlan (Hollywood’s “Thirteenth Warrior”) famously travelled to Scandinavia, so Muslims were aware of these issues going back centuries.

3. A junior UK mufti has recently claimed that previous fatwas only applied to places where sunrise and sunset do not occur, i.e. “lands of the midnight sun.” This is simply not true: Sheikh Zarqa’ explicitly stated that the fatwa applies to lands with a latitude higher than 45 degrees (which includes most of Europe and all of Canada, Alaska and some Northern US states – as a quick glance at a map will show; it only excludes Spain, Portugal, Southern France (roughly, Bordeaux or further south), Italy etc.), whilst the “lands of the midnight sun” begin at 66.5 degrees (in the Arctic and Antarctic Circles, during their respective summers).  This is because of the earth’s tilt of 23.5 degrees, first measured by the Abbasid astronomers at the Bayt al-Hikma (House of Wisdom) in Baghdad, 11-12 centuries ago: 23.5 degrees away from the Equator gives us the Tropics of Cancer and Capricorn; whilst 23.5 degrees away from the poles (90 – 23.5 = 66.5) gives us the Arctic and Antarctic Circles.

Have a happy and blessed Ramadan, with positive and pure thoughts, words and deeds!

ORIGINAL ARTICLE:

Bismillah.

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

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

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

4. The day length increases as we go further north, especially in Scotland and Northern Ireland.

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

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

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

6. The jurists have discussed this matter for high latitudes (anything over 45 degrees, being halfway between the equator and poles, according to Mustafa Zarqa’.). As Sheikh Muhammad Abduh, Grand Mufti of Egypt, mentions in Tafsir al-Manar, classically they mentioned two possibilities to follow more moderate timings:

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

b) follow timings of the nearest “moderate land”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CONCLUSION / FATWA

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

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

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

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

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

Sheikh Dr. Usama Hasan (London, UK)

1st Ramadan 1435 / 29th June 2014 (updated: 4th Ramadan 1435/ 2nd July 2014; 11th June 2015)

Download a 2-page PDF of this fatwa here: Fasting in the UK summer

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

ECFR Fatwa on a Muslim inheriting from non-Muslim relatives

February 1, 2012

Bismillah.

The Council [European Council for Fatwa and Research] holds that Muslims should not be prevented from inheriting from their non-Muslim relatives.  This does not contradict the authentic hadith, “A Muslim must not inherit from a disbeliever, and vice-versa,” since the latter is to be understood as applying to a harbi or disbeliever who is at war with Islam.  It should also be noted that during the early period of Islam, Muslims were not prohibited from inheriting from their non-Muslim relatives.

Amongst the Companions [of the Prophet, peace be upon him], the following took this view: Mu’adh bin Jabal and Mu’awiyah bin Abi Sufyan, as did a number amongst the Successors [of the Companions], including Sa’id bin al-Musayyib, Muhammad bin al-Hanafiyyah, Abu Ja’far [Muhammad] al-Baqir and Masruq bin al-Ajda’.  This is also the view of Sheikh-ul-Islam Ibn Taymiyyah and his student, Ibn al-Qayyim.

(Sheikh ‘Abdullah bin Bayyah, Sina’at al-Fatwa, p. 395)

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

A detailed fatwa about music and singing – by Sheikh Abdullah al-Judai

February 13, 2010

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

The fatwa is given below, and in PDF format here: Juday – Music and Singing – Conclusions

Some of the Sheikh’s analysis of texts from the Qur’an and Hadith on the subject are found in this presentation here.

A brief biography of Sheikh ‘Abdullah al-Judai can be found here.

Ibn Khaldun on music & singing (pp. 328-331 of the Muqaddimah, abridged translation by Rosenthal/Dawood).

A DETAILED FATWA ABOUT MUSIC & SINGING

by Sheikh ‘Abdullah b. Yusuf al-Juday’

Taken from the author’s al-Musiqi wa l-Ghina’ fi Mizan al-Islam (“Music & Singing in the Balance of Islam”), Al Judai Research & Consultations, Leeds, UK, 1425/2004, pp. 597-601

Translation by Usama Hasan, 13th February 2010

SUMMARY & CONCLUSION

After this detailed presentation of the evidence and legal ruling related to the two issues of music and singing in respective, detailed chapters, I now highlight briefly the main conclusions of this study:

  1. There is no consensus (ijma’) about the legal ruling on music and singing, whether considered together or as separate issues.
  2. There is no unequivocal text (nass) from the Noble, Generous Qur’an that speaks about these two issues.
  3. There is no unequivocal text (nass) from the Sunnah that definitely forbids music or singing.
  4. In the legal positions (madhahib) of the Companions and Successors, there is no clear prohibition of music or singing.  Rather, some of them listened to music and singing and permitted this.  Precursors of the view of prohibition began to appear after them, but without indisputable, clear-cut prohibition.
  5. To claim that the Imams of the four main Sunni Madhhabs agreed on the absolute prohibition of music or singing is inaccurate.
  6. The issues of music and singing return to the basic principle (asl) in matters of habits and objects, and the established position based on evidence in this regard is one of permission (ibahah), which cannot be modified without evidence.
  7. The basic principle (asl) in sounds and speech is the permissibility of making and listening to these, and similarly for humming.  A beautiful voice or sound, in itself, is a blessing (from God).
  8. All that is narrated in condemnation of music and singing, which some hold to, thinking it is legal evidence, includes very little that is clear and indisputable.  The latter is not authentically-narrated, and it is not permissible to base legal judgments on unsound narrations.
  9. Those texts from the authentic Sunnah which the prohibitors of music and singing think is legal evidence, are in reality evidence against them to falsify their claims.  Rather, there are numerous unequivocal texts (nusus) in the authentic Sunnah that confirm the basic principle and necessitate the view that music and singing are permissible.

A Principled Judgment on Music and Singing

  1. Musical instruments were found in Arabian society before Islam and remained afterwards: no clear-cut, authentic, indisputable text (nass) came to forbid these.
  2. Sounds arising from musical instruments are lawful (halal) in principle.  They remain within the sphere of permissibility unless they are used as a means towards disobedience (of God).
  3. The exact definition of permissible singing is: that which involves intrinsically-permissible words or lyrics, whether or not it is accompanied by music.
  4. Use of the permissible for purposes involving vice changes the ruling of permissibility to prohibition in that circumstance, not in general.
  5. There is no distinction between men and women in the ruling of permissibility for music and singing.
  6. Males listening to the singing of females, or vice-versa, is intrinsically harmless: this is authentically-narrated in several evidential texts.
  7. The usage and learning of music and singing are permissible (mubah), since there is no basis to forbid what is permissible in principle.A ruling derived from this is that practising the arts of music and singing, being attracted to these or listening to them, do not by themselves damage the integrity (‘adalah) of a person.
  8. To amuse oneself by songs, whether these are called “Islamic” or “national” or other, is permissible and allowed (mubah ja’iz), whether accompanied by music or not, as long as the lyrics are intrinsically acceptable (mashru’ah).As for the remembrance of Allah Exalted by words of sanctification and praise, and as for prayers of blessing upon His Prophet, may Allah bless him and grant him peace, it is acceptable and encouraged to gather together for such purposes.  It is permissible to do this melodiously (bi l-taghanni), as it is permissible to recite the Qur’an melodiously.  However, it should be noted that all of this is worship (‘ibadah) and not amusement (lahw), and so it cannot be accompanied by music because the latter is a form of amusement, and amusement cannot be a means of worship.  Similarly, it was disliked to use the trumpet or bell to call people for prayer, and the announcement by a human voice (adhan) was legislated instead.
  9. The ruling on music and singing does not differ in our times from previous ages.  Any judgment on what is popular in these matters is based on the individual lyrics.  If these lead to a prohibited matter, then the judgment is one of prohibition (haram).  If it (permissible music and singing) is accompanied by prohibited scenes, such as the uncovering of private parts (‘awrah), the forbiddance would extened to looking at such scenes, but not to the music and singing itself.

I conclude with the following words:

Firstly, music and singing are forms of amusement (lahw), so the basic principle is that they should be used to realise recognised benefits (maslahah mu’tabarah) such as expressing acceptable happiness or warding off boredom and tedium.  If they are used too much, the benefits will be correspondingly obstructed.  The permissible is harmless as long as it does not overcome the obligatory or recommended, or lead to what is prohibited or disliked, in which case it changes from being permissible to being prohibited or disliked.

Secondly, the fact that many people exceed the bounds of permissibility with such amusement does not falsify the basic principle regarding music and singing.  What is rejected of their actions is what is excessive, and it is not allowed to make changing times or improper use into a reason to prohibit the permissible.  Keeping people to the basic principle of the Law is safest for the responsibility of the person of knowledge, even if this agrees with the desires of a person of lust, for the sin is not incurred by doing what is lawful (halal), but by falling into the prohibited (haram).

Thirdly, the way to recognise the lawful (halal), the prohibited (haram) and the major symbols (sha’a’ir) of Islam is the Book and the authentic Sunnah, based upon clear principles and evident rules. It is not by rejected and fabricated ahadith, or by opinions devoid of proof or baseless views.  Otherwise, whoever wished to could say whatever they wanted, and people’s religion would become corrupted for them.  This is just one issue where you can see how far false narrations and weak opinions have played with the views of many people, whilst infallibility is only for the Messenger of Allah, may Allah bless him and grant him peace, in what he conveyed on the authority of his Lord, Most Exalted.

This conclusion to this study will not agree with the wishes of many people, but it is enough for me that I have only arrived at it in the light of the evidence and proof of the Law, following the guidance of the basic principles and proper analysis in matters of disagreement with my opponents.

Thus, if you would like to criticise me in any aspect, let it be with arguments from the Book, the authentic Sunnah or agreed principles, not with mere opinion, for one opinion defeats another by its argument.  The most critical thing that can be said about someone who holds such as a view (as mine), it that he is to be excused according to the extent of his striving (ijtihad) and rewarded for his good intentions. Perfection is neither my attribute nor yours, and I have sought an excuse for you despite my disagreeing with your view and refuting it.

Further, I entreat you by Allah, do not refer the argument to the view of the “minority” or the “majority,” or to the dominant fatwa in a particular country, for these are not the refuges of intelligent authorities but rather, such is the state of those who follow uncritically.  And that is enough for you!

Moreover, I entreat you by Allah, do not say to me, “Your view is a tribulation (fitnah),” for tribulation lies in what opposes the message of the Messenger, may Allah bless him and grant him peace, as Allah Exalted said, “Let those who oppose his command beware that a tribulation or painful punishment may befall them.” (Al-Nur or Light, 24:63)  I have referred both you and me in judgment to what the Messenger, may Allah bless him and grant him peace, brought: I have arrived at a view different to yours.  Tribulation lies in concealing the verdict of the Law and covering it up, imagining that exposing it will mislead the masses.

It is Allah alone whom I ask for forgiveness for slips of the mind and tongue, and excesses of the pen and hand.

I also ask Him, Blessed and Exalted, to accept from me my efforts with this book, and similarly for those who have helped me from my family and brethren.  I ask Him to make this and other studies of mine examples that are followed in analysing many issues for this nation: by referring to principles and not to disagreement.  He is the One Whose Help is Sought, and there is no change of state or power except by Him.

You are Glorified, O Allah, and Praised.  There is no god but You.  I seek Your forgiveness and turn in repentance to You.

May Allah bless our master Muhammad, his family and companions, and grant them peace.