Fatwa Explorer

Fatwa #558614 May 2002Australia

I sometimes have to work until late night at Uni. Unfortunately, sometimes there are only 2 of us (me and one girl). What should I do?

Question

Assalamu'alaikum warahmatullaahi wabarakatuh 1. I sometimes have to work until late night at Uni. Unfortunately, sometimes there are only 2 of us (me and one girl). What should I do? Sometimes, I can't get the work done if don't do it at Uni? 3a. When there is a new muslim, and he wants to know about some things (wudhu, shalat, ghusl etc.) I got confused in which madhzab I should teach him. Most of the people are hanafis (and many don't follow any mahzab), while someone thought him the syafei madhzab earlier, so I'm afraid he might got confused later on. I knew a few basic things in hanafi school of thought regarding wudhu, shalat and ghusl. What should I do? 3b. How should we explain these difference in the school of thaught to a new muslim (There are also even differences of opinion within one school of thought, isn't it?) ? More over what should we explain to him, why there are also people who does not follow the madzhab? 4. Can we spit in the toilet. Some consider our spitum might contain dzikr, therefore it's not appropriate to spit in the toilet 5. Can we share plates / cups used by other people (opposite sex as well) in the office ? 6. What is the rule in all 4 madhzab regarding spreading the legs in shalat? Is it part of the 4 mahdzab or not ??? 7. Is pictures in newspaper or phamplet at home should be destroyed? jazakallahu khairan katsiira wassalamu'alaikum warahmatullaahi wabarakatuh

Answer

1. Nabi (Sallallaahu Alayhi Wasallam) said, 'A person does not seclude%0D%0Ahimself with a woman except that the third one is the Shaytaan.' (Targheeb%0D%0Apart3 pg.38). It is, therefore, extremely important for a person to exercise%0D%0Agreat precaution in getting into contact with strange women. You should%0D%0Aavoid it under all circumstances. Rather, you should seek alternate venues%0D%0Aor make some type of agreement with the woman so that you do not clash or%0D%0Acome into contact with each other.%0D%0A2. Kindly refer attached, 'Taqleed'.%0D%0A3. A person should not spit in the toilet. (Tahtaawi pg.31)%0D%0A4. It is Makrooh to use the utensils, water, etc. of a Ghayr Mahram (woman%0D%0Ayou can marry). (Shaami part1 pg.222)%0D%0A5. According to the Hanafi Madhab, the feet should be spread the amount of%0D%0Afour fingers, Shaafi'ee - the amount of a hand, Maaliki - it is Mustahabb to%0D%0Adistance the feet an average distance apart not too close nor too far apart.%0D%0AThe Hanbali Madhab hold a similar view as the Maaliki Madhab. (Fiqh alaa%0D%0Amadhaahibil arbaa part1 pg.259)%0D%0A6. All pictures that contain animate objects should be destroyed and removed%0D%0Afrom homes. Nabi (Sallallaahu Alayhi Wasallam) said, 'The angels do not%0D%0Aenter a house that has a dog or pictures in it.' (Mishkaat pg.385)%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0A%0D%0ATHE SHAR%C9E ROLE OF TAQLID%0D%0A%0D%0AThe essence of guidance is derived from the Holy Qur%E3n - ?Hudan li al-Nas" ("A Guidance for Mankind). But this guidance and its laws are based on fundamental principles, the details of which have been entrusted to and consigned by the Holy Prophet (Sallallaahu %C1layhi Wasallam) in order to explain them to mankind.%0D%0A%0D%0A1. For example, the Holy Qur%E3n says: "Aqimus-Salaat" ("establish prayer"). It does not define the method as to how the prayer should be established; how the various postures should be performed; the mode of recitation of Surah, etc. The complete method of prayer i.e. "Salaat" is explained by the Holy Prophet (Sallallaahu %C1layhi Wasallam).%0D%0A2. "Wa 'Atuz-Zakat" ("And give charity"). Now the Zakaat amounts payable on gold, silver, cattle, land, produce, etc. are only known through the Ahadith and there is no mention of it in the Holy Qur%E3n. %0D%0A3. "Wa Lillahi `ala an-Nas Hij Al-baiti" ("It is obligatory on people to perform the Hajj of the House of Allah.) Here again, the method of Tawaf, the number of circumambulations, the details regarding Arafat, Mina, Muzdalifah, the stoning at the Jimar, etc. have all been explained by the Holy Prophet (Sallallaahu %C1layhi Wasallam).%0D%0A%0D%0AThus it becomes imperative to understand the Holy Qur%E3n in the light of the Ahadith even for major obligatory acts like Salaat, Zakat and Hajj without which it is impossible to act and understand the commands of the Holy Qur%E3n. The believers are commanded to attain guidance from the Holy Qur%E3n in accordance with the details explained by the Holy Prophet (Sallallaahu %C1layhi Wasallam). Therefore Allah specifies: "Whosoever obeys the Messenger has indeed obeyed Allah." This obedience to the Holy Prophet (Sallallaahu %C1layhi Wasallam) would in reality be obedience to Allah Himself.%0D%0A%0D%0AA direction from the Hadith informs us:%0D%0A"Also perform your prayer just as you see me perform my prayer." (Bukhari Vol. 1, p. 1076)%0D%0AIt is not said: "Perform your prayer in the manner you may infer from the Holy Qur%E3n." Hadith is divided into different categories:-%0D%0A%0D%0Aa. The sayings of the Holy prophet (Sallallaahu %C1layhi Wasallam),%0D%0Ab. The acts and doings of the Holy prophet (Sallallaahu %C1layhi Wasallam),%0D%0Ac. The sayings, acts and doings of others, approved by the Holy Prophet (Sallallaahu %C1layhi Wasallam). %0D%0A%0D%0AAll these categories of Ahadith give guidance to the Umma.%0D%0A%0D%0AQIYAS%0D%0AWhen the Prophet (Sallallaahu %C1layhi Wasallam) was asked a question he answered and also counter-questioned the questioner, on a similar (analogical) matter, the answer of which was known to him. On the correct reply being given by the questioner, the Prophet (Sallallaahu %C1layhi Wasallam) would say: "The question you had asked is in the same category as this answer of yours."%0D%0A%0D%0AEXAMPLE: A lady once asked: "Hajj was obligatory on my mother but she passed away. Can I perform it on her behalf?" The Prophet (Sallallaahu %C1layhi Wasallam) replied: "Yes, it would be accepted on her behalf. Tell me, if your mother had a debt would you pay it." She replied in the affirmative. Rasulullah (Sallallaahu %C1layhi Wasallam) said: "Fulfil what is on her behalf. Certainly, the duty and right of Allah would be more acceptable." This kind of reasoning is called Qiyas, Ijtihaad, or Istimbat in Shari`a.%0D%0A%0D%0AThese are only used in Shari`a when the Qur%E3nic or Traditional directives are not specifically spelt out. The Holy Prophet (Sallallaahu %C1layhi Wasallam) sent Hadrat Mu`adh ibn Jabal (Radhiyallaahu %C1nhu) as a Governor and Qaadhi to Yemen. The Holy Prophet (Sallallaahu %C1layhi Wasallam) gave to Hadrat Mu`adh many instructions and advices even while he held the reins and led the horse with Hadrat Mu`adh mounted on it. The Holy Prophet (Sallallaahu %C1layhi Wasallam) also asked: "By which law would you dispense justice." He replied: "By the Law of the Holy Qur%E3n." %0D%0A"And if you do not find it (i.e. what you seek) in the Holy Qur%E3n." %0D%0AHe replied: "By the Prophetic Traditions." %0D%0A"And if you do not find it in there also, then!" %0D%0AHe replied: "Then I would make Ijtihad." The Holy Prophet, (Sallallaahu %C1layhi Wasallam) expressed his happiness with his reply and fully endorsed and supported his stand and thanked Allah for it. (Abu Daawud Vol 2. p. 149)%0D%0AWhen after such an Ijtihad all the scholars agree to its conclusion, it is termed "Ijma", for it must be understood that Qiyas or Ijtihad does not prove an order or command; it only makes it evident and known. It was hidden in the Holy Qur%E3n or the Ahadith; the Mujtahid, by Dalalatan, 'Isharatan or Iqtdha'an, brought it in the open for the generality of people. %0D%0AThe person who does not have the power of Ijtihad is bound and compelled to follow a Mujtahid and this act of following a Mujtahid is termed Taqlid. The Holy Prophet (Sallallaahu %C1layhi Wasallam) sent Hadrat Mu`adh ibn Jabal as Qadi so that people could act upon his instructions and guidance derived from the Holy Qur%E3n, the Ahadith and his Ijtihad. To accept all three would in reality be obedience to Rasulullah (Sallallaahu %C1layhi Wasallam) as mentioned in Mishk%E3t Sharif (p. 310). Hadhrat Abu Hurayrah (Radhiyallaahu %C1nhu) reported that the Holy Prophet (Sallallaahu %C1layhi Wasallam) said, "Who has obeyed me, has obeyed Allah and who was disobedient to me has been disobedient to Allah and who obeyed the Amir was obedient to me and who was disobedient to the Amir has been disobedient to me."%0D%0A%0D%0APRECEPTS, PROPOSITIONS AND THEIR KINDS%0D%0AMasa'il or precepts are of four kinds:-%0D%0A1. Clear instructions from the Holy Qur%E3n and Ahadith. No Qiyas is allowed nor Taqlid permissible. The order is to practice on the clear injunction.%0D%0A2. In such propositions where there are two injunctions, one earlier, and one later, and through historical evidence both are known, then the earlier proposition is abrogated (Mansukh), whilst the latter command is ordered. Here too Qiyas and Taqlid %7E not permitted.%0D%0A3. Those propositions that have two clear injunctions but it is not known which is earlier and which later, i.e. no historical evidence.%0D%0A4. Those propositions of which there exist no clear injunctions. Propositions 1 (and 2) are clear. the last two (Propositions 3 and 4) need explanations. Since 3 and 4 are not clear, what must a person do? If he does not practice upon them, he is yet not allowed to go free. The Qur%E3nic verses state: "Is man under the notion that he will be left free??'%0D%0A%0D%0A"Do you think that you have been created in vain?" It is not so, you have to obey Allah's command every second. Now how are we going to obey when it is not known, which is abrogated and which is not. In the fourth kind of proposition when one has no knowledge what is he going to practice on? Allah says: "Do not practice on anything without knowledge:"%0D%0A%0D%0AThus the need of Qiyas and Ijtihad. In the third kind of proposition the need is to verify the clear injunction and in the fourth kind it is to find a clear order and command. This is a known fact that everybody does not have the ability or power to make Ijtihad and this verse also makes it clear. %0D%0AEverybody makes claims of giving opinions but only that ruling is accepted which is in accordance with Shar`iah and of a Mujtahid. The verdict of a Muqallid will not be accepted. The Mujtahid makes Ijtihad while the Muqallid makes Taqlid. Even if the Mujtahid makes a mistake he is rewarded as mentioned in Bukhari, Vol. 1 p. I1092. %0D%0AHere exists a doubt that there were many Mujtahids among the Sahaaba (Radhiyallaahu %C1nhum), the Tabi`in and Tabi` Tibi`n; But only the ?I'ima 'Arba` i.e. Imaam Abu Hanifah, Imam Maalik, Imam Shaafi`i and Imam Ahmad (Rahmatullaahi %C1layhim) are followed and Taqlid made of them. What Is wrong in following the Sahaaba (Radhiyallaahu %C1nhum) whose virtues have been abundantly mentioned in the Holy Qur%E3n and the Ahadith?%0D%0AThere is no doubt that the Sahaaba (Radhiyallaahu %C1nhum) have a far greater status and position than the I'ima Arba`a does not make Taqlid of any one of the I'ima Arba` ever thinking them to be greater than the Sahaaba but its simple reason is that for Taqlid it is necessary to know those injunctions in which Taqlid has to be made. The detailed knowledge which can be found in every section and chapter from Kitaab- at-Taharat to Kitab al-Fara'idh, whether it concerns acts of worship, or social and cultural aspects, in every department of knowledge, these were the first and only 'I?ima that gathered them all in every detail. They were schools of knowledge in their own right that codified knowledge in every field. We do not find such codification either of the Sahaaba or other Tabi`in. The only choice we have is to follow them. It must also be borne in mind that Allah had bestowed on them the perfection of knowledge of the Holy Qur%E3n and the Ahadith. It is said by Shah Waliullah (Rahmatullaahu %C1layhi) in the commentary of Muwatta' Imaam Malik, p.6 that these four Imaams together have encompassed the entire knowledge of the Holy Qur%E3n and Ahaadith to such a degree that not a single Hadith which was reported by the Sahaaba was omitted by them.%0D%0AClarification is further required regarding another doubt in most minds: What is the necessity of making Taqlid of only one Imaam? One should be allowed to follow any of the four Imaams in the different Masa'il as was the method in the time of the Sahaaba and Tabi`in. Mazhab was not confined to a single Imam. Why must such concessions not be allowed in our times? %0D%0AIn the time of the Sahaaba, which was the best of times, there was no ulterior motives regarding religious questions. A question was asked to know the correct method and to practice on it. It was not asked for one's convinience as in later times. For example, A person with Wudhu touched his wife which according to the Shafi Mazhab nullifies Wudhu: Now when he is told to make Wudhu, he replies: ?I make Taqlid of Imaam Abu Hanifah and it is not a breaker of Wudhu according to his Mazhab, therefore my Salaat will be valid.? %0D%0ANow this person vomits, which according to Hanafi Mazhab, breaks Wudhu. He is now told to make Wudhu. He replies: ?I make Taqlid of Imam Shafi`i; it is not a nullifier of Wudhu, therefore my Salaat is valid?. If this person (who has on the one hand, touched his spouse, and on the other hand, vomited) has to perform his Salaat with such a Wudhu, it would neither be correct by Imaam Abu Hanifah nor by Imam Shafi`i. In terminology this is known as Talfiq which is agreed upon unanimously to be void and not permitted. This is not Taqlid but following one?s passions and desires for one?s personal convenience which lead one astray. The necessity of following a Mazhab, Imam or Mujtahid is that one would not fall into the temptations of following one's own desires. The Holy Qur%E3n states:%0D%0A%0D%0A?And do not follow desires. You would be led astray from the path of Allah." Thus the need of following only one Imam.%0D%0A%0D%0AFor centuries we have heard of great scholars, jurists, ?Ulama? and Auliya who had the treasures of knowledge, who were in their personal capacities libraries with encyclopaedic knowledge. Their piety constituted perfect examples in emulation of the Sahaaba. Their entire life was spent in accordance with the Sunnah of Rasulullah (Sallallaahu %C1layhi Wasallam). They also followed the 'I'ima Arba?` and it would not be incorrect to say that it was because of this Taqlid that they attained the heights of perfection. %0D%0AIslamic Jurisprudence (Fiqh) is confined to the four schools. Those that do not confirm to any one of them are called Ahle Hadith or Ghair Muqallid.
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