Fatwa #53781 May 2002United Kingdom
re: beards - then why is Ibn 'Umar`s action used to prove sharee beard length but we are prevented from copying him in ‘Umrah or Hajj?
Question
Mufti saab, in your reply to Q4882 you have stated that the sayings and actions of the Sahaaba is proof for sharia and it is an established principle in Usool-il-Fiqh. You have also quoted Bukhari vol 2 pg 875 (Kitaab-ul-Libaas) to prove that the sharee minimum length of beard is fist-length because Ibn ?Umar (ra) cut his beard during Hajj or ?Umrah. (1) In accordance with your principle, why don?t we cut our beards down to fist-length after performing Saee in ?Umrah or Hajj (because Ibn Umar did so)? If not, then why is Ibn ?Umar?s action used to prove sharee beard length but we are prevented from copying him in ?Umrah or Hajj? Please explain the contradiction. (2) Some people (such as Africans and Arabs) CAN NOT grow the ?minimum? fist-length beard because their hair is naturally curly. How would you apply the sharee minimum then? (3) In many ?Islamic? countries (e.g. Egypt, Turkey) people are discouraged from keeping beards. Should the imams stop leading prayers? What do I do when I visit the mosque in these countries?
Answer
1. You are not prevented from following the practice of ibn Umar%0D%0A(Radhiallaahu Anhu) during Hajj or Umrah and neither are you obliged to do%0D%0Aso. However, if one wishes to cut his beard, at any stage in his life, not%0D%0Anecessarily during Hajj or Umrah, then it will be permissible for him to do%0D%0Aso to a fist's length.%0D%0A%0D%0AThe apparent contradiction is the result of a lack of understanding.%0D%0AEverything that is a proof in the Shari'ah does not necessitate obligation%0D%0A(Wujoob). There are basically 5 types of laws in the Shari'ah, i.e. a)%0D%0AFardh, b) Waajib, c) Sunnat, d) Mustahabb, e) Mubaah.%0D%0A%0D%0AEvery law will be deduced according to the level of substantiation. In the%0D%0Acase of the beard, it is Waajib to let it grow. The Hadith of Rasulullah%0D%0A(Sallallaahu Alayhi Wasallam) is general. If we did not have the narration%0D%0Aof Naafi'e that Sayyiduna Abdullah ibn Umar (Radhiallaahu Anhu) did trim his%0D%0Abeard upto a fist's length, it would have been Waajib to let it grow for as%0D%0Along as it grows without trimming it at all. However, due to the practice of%0D%0AAbdullah ibn Umar (Radhiallaahu Anhu) and Abu Hurayra (Radhiallaahu Anhu)%0D%0Aand others, the scholars have deduced that the Wujoob (obligation) of%0D%0Agrowing the beard is upto a fist's length only. Hence, if a person has to%0D%0Atrim his beard up to a fist's length it would be permissible and if he does%0D%0Aso up to lesser (shorter) than a fist's length, he will be going against an%0D%0Aact which is Waajib and such an act is not permissible, and if he chooses%0D%0Anot to trim it at all, this will also be permissible.%0D%0A%0D%0ATherefore, the act of the Sahaabi here is used for 'permissibility' of%0D%0Acutting upto a fist's length. It is not Waajib to follow him in doing so (as%0D%0Amentioned above 'Every act in Shari'ah does not necessitate Wujoob%0D%0A(obligation)). What is Waajib in this situation is to let it grow, and the%0D%0Aaction of the Sahaabi is used only to restrict that Waajib.%0D%0A%0D%0AAs understood from the above, it is Waajib for every person to let his beard%0D%0Agrow, and it is not permissible for anyone to trim his beard before it%0D%0Areaches one fist's length. If one's beard naturally does not grow very long%0D%0Aand not has he trimmed it, he has not violated any law in Shari'ah.%0D%0A%0D%0A2. Such people will be excused. You may follow them in Salaat in such%0D%0Acircumstances.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMoulana Muhammad ibn Moulana Haroon Abbassommar%0D%0AFACULTY OF SPECIALTY IN HADITH%0D%0A%0D%0ACHECKED AND APPROVED CORRECT: Mufti Ebrahim Desai%0D%0A