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Fiqh ul Ramadhan PDF Print E-mail

Taken from a lecture by Anjem Choudary who is the Principal Lecturer at the London School of Shari'ah and Judge of the Shari'ah Court of the UK.

Introduction

It is recorded in Tirmizhi, Nisaai, Mu'jam al Kabeer of At-tabarani, that Abdullah Ibn Umar (ra) narrated that Muhammad (saw) said in the last days of shaban, "O people! What comes near to you is the month of ramadhan the month of Allah (swt), this month in the eyes of Allah (swt) is the best month, its days are the best days and its nights are the best nights. This month you have been invited to be a guest of Allah (swt) and you are going to be in this month among the people of karaamah. Your breathing in these days will be tasbih and your sleeping in this month is an act of worship, your deeds and dua in this month will be accepted, ask Allah (swt) with good intention, ask Allah (swt) to make you fast this month and to recite the Qur'an. Remember when you are hungry and thirsty the hunger and thirst of the day of judgement. Donate to the poor and needy people, and be kind to your young and respectful to the older people. Watch your tongues and do not look at anything prohibited or listen to anything prohibited, be kind to the orphans and Allah (swt) will help your orphans in the future, ask Allah (swt) for forgiveness from your sins and raise your hands to Him in your salah. O people! Your nafs is hostage to your actions so release it by istighfar and your back is heavy with sin so release it with long sujud. Allah (swt) has sworn by His dignity that those who used to fulfil their fasts will never fear from the hell-fire on the day when they rise for their Lord. I have said this and may Allah (swt) forgive me and forgive you."

It is recorded in Ibn Majah, Ahmad, Bayhaqi upon the authority of Abu Hurayrah (ra) that Muhammad (saw) said, "How many people fast and achieve nothing but thirst and hunger?"

In another narration Muhammad (saw) said, "There is one organ in the body if it becomes good the whole body will become good and if it becomes bad then the whole body will become bad, that organ is the heart." Imam At-taybi said regarding the heart that, "The tongue is the Khalifah (translator) of the heart."

It is reported that Muhammad (saw) said, "Some people will be oppressors in the wudu and dua. The one who will be oppressive in his dua will be the one who will say, "May Allah (swt) give me the right side of jannah." And the one who will be oppressive in his wudu will be the man who will do extra in the wudu (that is not necessary)."

Note: the ghusl is recommended for every night of ramadhan; you can make the dua under your tongue in your own language in the salah, for example.

This is the month, my dear Muslims, even if you fast the whole of your life you will never be able to claim back one day of ramadhan. It is a special reward for that time; consequently, we therefore need to prepare more than just samosa's and pakora.

It is recorded in Bukhari, Muslim, that Abu Hurayrah (ra) narrated that Muhammad (saw) said, "If the month of ramadhan arrives, the gates of paradise will be opened and the gates of hell-fire will be closed and the shaytan will be chained."

When we say that the shaytan are chained, you are claiming back your iraadah, you are manufacturing the taqwa, Allah (swt) says in [2:183], "O you who believe, fasting has been prescribed upon you as it was prescribed before you so that you may attain taqwa."

Muhammad (saw) said, "The taqwa is here (and he pointed to his heart)."

Abdullah ibn Masoud (ra) once said to Bilal (ra), "Did you attain taqwa in ramadhan?" And he replied, "Indeed and I got much more as well." So the sahabah used to check with each other. So you want to make sure your taqwa has increased after ramadhan and not decreased.

It is recorded in Abu Dawood, that Muhammad (saw) said, "When ramadhan is finished the mujaahideen are prepared and the shaytan are unchained." So for the mujaahideen it is preparation.

What does this mean? Muhammad (saw) said, "The mujaahid will fight on the battlefield with his good deeds." The mujaahid will therefore go to the battlefield with his da'wah, salah, commanding good and forbidding evil etc.

It is recorded in Ibn Majah, that Muhammad (saw) said, "This month contains one day better than 1000 months whoever misses it will miss everything." That is 84 years of ibaadah.

It is recorded in Ahmad, Muslim, Daarimi, that Muhammad (saw) said, "The first third of ramadhan is mercy (rahma), the second third of ramadhan is forgiveness and the last third is saving from the hell fire." All of the goodness my dear muslims is in the ramadhan, that is why the predecessors used to make dua to reach the ramadhan.

The Sighting of the Moon

The science of investigating the moon and calculating the trajectory of the earth is not a new science. People nowadays, believe that they can calculate the birth of the moon. Ilm ul Falaq was around at the sixth and seventh century where people would also calculate the orbit of the earth and moon. However, Allah (swt) did not ask us to fast at the birth of the moon.

It is recorded in Muslim, that Muhammad (saw) said, "We are an illiterate ummah, we do not read, write or record, fast when you sight the moon that is good for everyone."

You cannot imagine that our deen which is for the whole of mankind can only be understood and implemented by a few scientists in Greenwich University and we all become reliant on them.

Muhammad (saw) came for the black and the white, the arab and non-arab, the literate and illiterate.

Imagine the moon was never ‘born' according to the scientists, is it possible that Allah (swt) could show it to someone? It is possible.

Muhammad (saw) said, "Fast when the moon has been sighted and break it when it has been sighted and if you cannot see it then count thirty days of shaban."

Hilal is the beginning stage of the moon for the month i.e. the crescent. The bedouins can look at the moon and see how old it is, they recognise it like they recognise their children. That is why they never make a mistake in hajj, only those deviant brelvies go to mount Arafat on the 10th of Zhul Hijjah.

The strongest opinion on the witnesses is that one witness is sufficient for the beginning of ramadhan and two for the end of ramadhan. People are more likely to lie at the end after thirty days of fasting.

In the past, 2nd/ 3rd generation, they used to have people of the moon (ahlul hilal), their job was to look for the moon. And if someone else saw it then they would interrogate him.

If your country shares one third with another country you will share the beginning of ramadhan with them. Britain shares 2/3 of the night with the countries in the Middle East and Indian subcontinent.

Some of the ulema e.g. Imam Shafi said each country had its own moon.

The Obligatory Fasts

1. Fast of Ramadhan

2. Fast of Kafarah - these are fasts to alleviate sins a person committed e.g. if a man wants to make kafarah in hajj he will fast three days on days of hajj (10th, 11th, 12th of zhul hijjah) and seven on the way home

3. Fast of the Yameen - these are fasts for oaths that you broke i.e. three days

The Recommended Fasts

1. Mondays and Thursdays - just for the record with naafilah fasts, even if you break it intentionally, you are not obliged to make it up, which is different from the fard fasts

2. Ninth and tenth of Muharram

3. The six days of Shawwal - the month following ramadhan

4. Any day of Shaban, Rajab or Zhul Hijjah - you want to avoid the three days of Eid ul Adha and Eid ul Fitr

5. The middle of every month i.e. 13,14,15,

6. The fasting of Dawood (as) - fasting on every other day

The Prohibited Fasts

1. For a woman to fast when she is in her menses

2. For a woman to fast in the state of nifaas (afterbirth)

3. Three days after Eid ul Adha (10th, 11th, 12th of Zhul Hijjah)

The Disliked Fasts

1. The naafilah fast of the woman without the husbands permission

2. To fast just in case the moon has been sighted

3. Fasting from talking about munkar e.g. some people do not want to command good or forbid evil

The Permits not to Fast

1. The breast-feeding woman

2. The pregnant woman

3. The traveller

4. The elderly/ill

Conditions for the Fasting Person

1. He must be Muslim

2. He must be sane

3. He must be mature

4. He must have capability e.g. not diabetic (requiring injections)

The Niyyah

Every action is according to the niyyah, the dispute is whether to make niyyah for every day of ramadhan or to make it once.

Imam Abu Hanifah (rh) and Imam Shaybani (rh) said, "It is enough for you to have niyyah at the beginning of ramadhan."

Imam Shafi said, "We do not fast the nights of ramadhan therefore you need to have niyyah for every day of ramadhan." This is the stronger opinion and what we adopt.

The niyyah does not need to be pronounced, it is an action of the heart.

If you do not make the niyyah then you will need to make up the day.

Suhoor

Eating something before fajr, at the time of sehir or suhoor is recommended.

To eat something at the time of iftari before isha is obliged - this is the difference between the fast of the Muslims and the fast of the Jews and Christians. There is barakah in the suhoor.

Muhammad (saw) said, "My Ummah will be in goodness as long as they delay the suhoor and open the fasts quickly (iftari)."

Regarding the end period of suhoor many people make confusion between the true dawn, (suub as-saadiq) and the false dawn (suub al-kathib).

Subb as-saadiq: when you look at the horizon there will be a uniform white line above the horizon which will shed light on the village a little bit.

Subb al-kathib: it is the vertical line (lighter on the middle than on the sides) that you will see just as the sun is coming up.

Many people stop eating at the false dawn and this is against the sunnah.

The best thing to do when you eat is to eat the good date, Muhammad (saw) would eat the fresh date and if it was not available then the old date and if that was not available then water. So if at the time of sehri you have nothing but water that is good enough.

Note: if the time for fajr enters and you are drinking water you can carry on until you finish - this is an exception for drinking only

If you start late for fasting e.g. you eat thinking ramadhan has not entered when it has, the hukm is for you to start fasting as soon as you discover it.

What to do if you wake up in Junub (hadath al akbar)

If someone wakes up in junub (hadath al akbar) there are two narrations that differ, one from Aisha (ra) and another from Abu Hurayrah (ra): the stronger opinion is from Aisha (ra) which states that you need to make ghusl, continue to fast and you do not need to make up the day.

Note: the ayah [2:183] is a madinah verse

Muhammad (saw) said, "Whoever fasts in jihad, Allah (swt) will make the distance between him and hell 70 years."

The Difference between Fiddiyah and Kafarah

An example of kafarah: It is recorded in Bukhari, Abu Dawood, Muslim, Tirmizhi, Ibn Majah, a man came to Muhammad (saw) and said, "I am destroyed" and he asked, "What did you do?" the man replied, "I had relationship with my wife in ramadhan." Muhammad (saw) then said, "Are you able to free a slave as kafarah?" And he said, "No" he (saw) then said, "Are you able to fast two consecutive months?" And the man said, "No." And Muhammad (saw) asked, "Are you able to feed 60 miskin?" And he said, "No." The prophet then got a large basket of dates and told him to distribute it to the people and he replied, "There is no one poorer than me." The prophet then smiled and said, "Feed it to your family."

The fiddiyah is specifically to feed one poor person for every day missed of ramadhan, it can specifically be elected by either the old person, the ill person, the woman who is continually breast feeding or pregnant, the traveller - they have the permit. But if they do not want to take the permit they do not have to. The pregnant woman however will not usually be pregnant for more than one year, she can choose, therefore, to make up the fast later on, rather than to pay the fiddiyah, instead. However, the ill person who looks like he will not make recovery or the one who is old, they may not be able to make up the fasts later on and hence, can elect to pay the fiddiyah, instead. Allah (swt) says in [2:184], "It is better if you fast if you but knew."

If the individual who was ill, or breast-feeding could not make up the fast before the next ramadhan he will not be liable to pay the fiddiyah.

If however, the person was capable of making up the fasts before the following ramadhan, and he did not, he will have to pay the fiddiyah as well as make up the fast.

The fiddiyah is to feed one person 625 grams of wheat per day i.e. until the person is satisfied - that is the hukm.

What to do if you have missed a large number of fasts

Imam Abu Hanifah said, "Make up the last year and feed one person for each day missed of the rest of the fasts."

Imam Shafi said, "Make them all up."

Sheikh Omar Bakri Muhammad says the fasts can be made up by the person's children if he passes away; this also applies to the nathr.

The same ruling does not apply to the fasts as to the prayer. If someone never prayed he was not Muslim before, therefore there is no need for him to make up the fasts. If he however, prayed on and off then he will need to make up the fasts that he missed. For the latter, you should make up as many of the fasts as you can and when you make the hajj inshaa'allah it will be kafarah for it.

Regarding Iftar

Imam Abu Hanifah (rh) said, "If you do not have anything to eat at all you can spit out some saliva and eat it." This is how seriously they looked to breaking the fast on time.

What Breaks the Fast

This is: "Anything that enters into the body whether normally or abnormally."

Examples:

Creams that enter the body

The inhaler

Eye drops

Ear drops

Injections

Cupping (this includes the cupper)

The needle which goes into the body

Snuffing

What does not Break the Fast

Vomiting (if you do not swallow more than a mouthful back)

Nose bleed

Perfume (but the heavy strong smell could affect the fast)

You can kiss and hug each other for the husband and wife but nothing more. Fasting is imsaak (to refrain) so how can you do everything?

Imam Shafi used to order his wife not to decorate herself at home during ramadhan.

The unflavoured miswak is acceptable, but do not swallow anything, but the flavoured miswak is not allowed nor is the toothpaste.
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Taraawih

It has been narrated that Muhammad (saw) once prayed with the sahabah the tarawih and the next day people began to talk about it and he repeated it the next day and the third day he repeated it. On the fourth he did not come out and prayed fajr. They asked him why and he said that he was afraid that people would make it fard.

At the time of Umar (ra) people say he prayed 20, others say 8 the strongest opinion is 8 and the 3 witr. Sheikh Omar Bakri Muhammad says that that the prayers that were done after were qiyaam ul layl. There is ijmah for the 20 rakat but there is dispute about what they prayed.

The prophet never prayed all the tarawih in the masjid he prayed some of them at home.

Laylat ul Qadr

Allah (swt) says, [EMQ 97:1] "The Qur'an was revealed on the night of qadr...."

The big dispute is when the night is.

Muhammad (saw) said, "Whoever stands sincerely for the night of qadr Allah (swt) will forgive all his sins." That is big opportunity!

The Jews used to claim and boast that they used to worship hundreds of days and Allah (swt) revealed that there was one day better than a 1000 months.

These last days have been described as saving from the hellfire.

It is recorded in Tirmizhi, Tabarani, Ahmed (Ibn Abbas was very young) that Umar (ra) said to Ibn Abbas, "The prophet made dua that you would be good for ta'weel - when is layl atul qadr?" And he replied, "Allah (swt) created seven heavens, seven earths, seven days, seven, tawaaf...the chapter of qadr has thirty words and the 27th is here and therefore that is the one that gives us indication." And Umar (ra) found this very strange.

Ibn Abbas (ra) has his own ajeeb reason for saying it is the 27th night, he is sahabi akbar.

It is recorded in Tirmizhi, that Muhammad (saw) was making i'tikaaf and said, "Look for it on the 21st night of ramadhan my head is wet and I am making sujud." In another narration he said the 23rd night and in a third narration the sahabah said they saw it on the 27th.

One of the signs is that when you make sujud it will feel damp.

Abdullah Ibn Umar (ra) said Jibreel told Muhammad (saw) to look for it in the last 10 days.

It is recorded in Muslim #1167, Abu Saeed al khidri narrated that the prophet was making i'tikaaf looking for the night of qadr in the first 10 days of ramadhan and then Jibreel came to him and said, "What you are looking for is not in the first 10 nights." So he (saw) continued for the next ten nights and Jibreel again informed him that it was not on those ten nights. Then he (saw) did the same for the next 10 nights an it is then when he said he saw it on the 21st night.

Abu Saeed al Khidri also narrated a hadith about the 23rd night and that the prophet mentioned it.

We also have a statement Ibn Abbas saying it could be in the 25th or 29th night.

It is recorded in Bukhari, that Aisha (ra) narrated Muhammad (saw) said, "Look for the night of power in the odd nights of the last ten days of ramadhan."

We have so many narrations about it! The combination of all the evidence's tell us that it will be on the odd nights of the last 10 days of ramadhan.

However, Ibn Taymiyyah said, "It is not a forgone conclusion that the ramadhan will be 30 days because it could be 29 days." And therefore the odd could become even and the even could become odd!

Therefore, to look for it on all the nights of the ramadhan is the best option.

Signs of Laylatul Qadr

1. Ubay bin Kab said, "One of the signs is that at fajr the sun will rise without rays."

2. Ibn Abbas (ra) said Muhammad (saw) said, "It is so fresh (at that night) neither hot nor cold."

3. In Tabarani, Al Wafila narrated Muhammad (saw) said, "There will be complete nur and light and no cold on that day and there will be no shooting stars and no rays from the sun on that day (at fajr)."

4. People will see ru'ya (an intense dream just before fajr) and they will see the whole of creation making sujud

5. The sun will be very weak and reddish

6. You will feel you are making sujud on mud and water

Virtues of Laylat ul Qadr

1. It is better than a thousand months

2. It is forgiveness for all sins

3. It saves you from the hell-fire

4. You will come out of it as if you are a new born (baby)

I'tikaaf

Definition of I'tikaaf:

"To stay in the masjid for a specific intention and specific time."

The minimum is one day and one night, some say it can be at someone's home, but the strongest opinion is that you can only do qiyam ul layl there, but there is no evidence for the i'tikaaf - this is what Sheikh Omar Bakri Muhammad adopts.

Pillars of I'tikaaf

1. Niyyah - it must be for worshipping Allah (swt), not because your uncle is doing it and you want to marry one of his daughters!

2. In the Masjid

3. Time - it must be at least from maghrib until maghrib, you can pray the isha and then go home - that is the kamal of it

Conditions of I'tikaaf

1. You must be fasting - Ibn Umar said, "You must be fasting when doing i'tikaaf."

2. You must be Muslim

3. You must be mature - it is not acceptable for a person to do it below the age of puberty

4. Taharah - to be in a state of ritual purity away from the big ritual impurity, you cannot be in hadath al akbar

5. It is must be in a masjid which has been defined as a masjid - some ulema believe that it is only valid for the haram, masjid nabawi, and masjid al aqsa. However, Sheikh Omar Bakri Muhammad believes it can be a mosque which is jaami' (they have 5 prayers and do the jumu'ah there).

Adab ul I'tikaaf

You should not be busy with any dunya matter (you must be busy in ibadah).

Forms of ibadah: making tasbih, takbeer, reciting the Qur'an, zhikr, commanding good and forbidding evil, da'wah - what is not acceptable is to go with last years accounts and sort them out or to sell things!

It is recorded in Bukhari, Muslim, that Safiyyah came to visit Muhammad (saw) and spoke to him for a short time and then left and the prophet came with her until he reached the door of the masjid and there was Umm Salamah's house and two ansari's passed by and said, "Assalamu'alaikum." And he (saw) replied and said, "She is my wife." And then they said, "Subhanallah! We do not doubt you." And he replied, "Shaytan will come like in the blood of the person. Allah (swt) blesses the man who prevented the people from backbiting him."

That is called shubhat ul haram, meaning when someone could doubt you and your deen, it is prohibited to be in a position like that. Like fore example, a woman is in a taxi, not marked as a taxi, she is in the back he is in the front and the people know that they are not husband and wife - this is haram.

Muhammad (saw) said, "Whoever makes i'tikaaf should not have any sexual relationship or speak fahisha nor swear and he should pray juma'ah and the janazah and he should not go out or do any dunya matter or trade."

If you enter a masjid and make i'tikaaf it is prohibited to leave unless you have an emergency.

Imam Shafi said, "The best ibadah after salah, jihad, and dawah is i'tikaaf in the last 10 days of ramadhan."

It has been narrated that Ibn Abbas (ra) sent a request to Thabit to help the people but he said he was making I'tikaaf and refused and Ibn Abbas (ra) said to tell him that Muhammad (saw) said, "To look after the affairs of one person is more rewardable than 10 years of I'tikaaf in my Masjid."

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