Posts Tagged ‘Ibn Hazm’

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

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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