Refuting ISIS: A Rebuttal of Its Religious and Ideological Foundations: A Review

Review: Refuting ISIS: A Rebuttal of Its Religious and Ideological Foundations, by Shaykh Muhammad al-Yaqoubi, (Sacred Knowledge press, 2015), £6.95.

Reviewed by Mansur Ali

This is an easy to read book written in clear English prose. Shaykh Muhammad Yaqoubi’s methodology is to present a scholarly robust and yet simple rebuttal of the ISIS methodology without resorting to academic pedantry. Unlike similar books on the abstract subject of terrorism, this book is written by keeping in mind those people whose encounter with ISIS is not a distant news report but their bitter ground reality. The book is to appeal to five types of audiences: (1) the vulnerable Muslim youth who sees in the ISIS propaganda a religiously sanctioned outlet for his machismo; (2) The ISIS neophyte who is in dire need of weaning out of his terrible liminality by demonstrating that the ISIS ‘gangster’ methodology has no place in Islam; (3) the average Muslim who is perplexed by some of the theological and legal challenges brought about as a result of the emergence of ISIS; (4) fighters of the Free Syrian Army (FSA), to pacify their conscience that not only is it Islamically legitimate to fight ISIS but it’s a religious obligation for those in the region to do so; finally (5) to silence the annoyingly clanging crescendo of Western politicians and critics that Muslim scholars are not speaking out against ISIS.  One only needs to enter the search criterion ‘Muslim scholars condemn ISIS’ in to Google search to see how far from the truth their contention is.  

The crux of the book, which really is a fatwa is simple: ISIS is a modern mutation of the terrorist group which emerged in the formative period of Islam known as the Khawarij. There are differences of opinion regarding the Islam of the Khawarij, however the author opts for the opinion that they are not Muslims ( ch. 2, 5); therefore deems it impermissible to pledge allegiance to ISIS’ self-appointed pseudo-caliph al-Baghdadi (ch. 8). The fatwa, then, is not dissimilar to the fatwa issued by Shaykh Tahirul Qadri previously on extremism and suicide bombing.¹ The implications of the fatwa is far reaching for the FSA. Not only are they allowed to fight ISIS without the niggling fear of raising arms against fellow Muslims, but if they die in the process they will be graced with the lofty rank of martyrdom (ch. 6, 7). A logical corollary of this is that in order to bring back peace in the region, it is permissible to accept the helpful hand extended by non-Muslim governments against ISIS (ch. 9). This is argued by resorting to well-established Prophetic precedence like the pact of the virtuous (hilf al-fudul) as well as more contemporary fatawa like that of Shaykh Bin Baz, the highest Saudi religious authority in his time. The author further adds two helpful chapters, which although not directly related to the issue at hand, are beneficial nevertheless: chapter 10, legal rulings regarding Muslims in Western countries and chapter 11, legal rulings regarding non-Muslims in Muslim countries.

One may argue that the author is pandering to the sensibilities of Western governments in his critique of ISIS. This is far from the truth. Where the book on the one hand is a refutation of ISIS, on the other hand, it is a plea to the international community to look into the causes of violent extremism and to address those conditions which function as fertile grounds for the grooming of terrorists. Unlike the British government’s official narrative of the cause of violent extremism (the conveyor belt theory), the author is nuanced in his examination of these causes. Sustained academic research has revealed that radical extremism leading to terrorism is a construct which culminates in a vicious regress of action and reaction from government and terrorists (Kundnani 2015). Shaykh Yaqoubi’s razor sharp analysis of these causes of terrorism confirms this body of academic literature. In his conclusion, the author identifies four conditions which function as fodder for violent extremism. These conditions should not be construed as a justification of terrorism, but an explanation of why it happens. The first is that the Iraqi government must recognise that alongside the Shia community, Sunnis also reside in Iraq. They must be given their rights in order to flourish as good citizens. Secondly, Bashar Assad must cede authority and stop bloodshed with immediate effect and let the Syrian people decide how they should be ruled. Third, the oppression of Muslim minorities must stop, such as in the case of Muslims in Myanmar. And finally The West must be more responsible and sensible and must not use its powers to disrespect the values and cultures of those who are less militarily and technologically superior to them. They must not hurt deeply-held beliefs of others just because they can. A cursory glance at these four causes reveal that all of them are related to genuine political grievances. These grievances are garbed in the rhetoric of religion which not only gives terrorists the permission to negotiate in the only language they know: violence, but it gives them the blessings from heaven. The author argues that addressing these conditions will go a long way in pruning the growth of violent extremism.

For this reviewer, the original contribution and the most interesting part of the book is its first chapter: ‘In the words of ISIS’. In this chapter, the author is quoting, evaluating and critiquing quotations taken directly from ISIS literature. The media bias against Muslims has created a deep suspicion amongst Muslims regarding anything which the media reports about Islam. This has led many Muslims to take a non-committed position regarding the atrocities of ISIS as they are reported in the media. Shaykh Yaqoubi’s critical interrogation of ISIS literature, his political activism and intimate knowledge of the conditions in the Levant coupled with his deep understanding of the Islamic scholarly tradition should leave no doubts in the minds of Muslims that the way of ISIS is not the way of Islam.   

  

Further reading:

Abu Aaliyah Surkheel Sharif (2015), Khawarij Ideology, ISIS Savagery, in The Humble ‘I’, http://thehumblei.com/2015/08/23/khawarij-ideology-isis-savagery-part-one/

Arun Kundnani (2015), A Decade Lost: Rethinking Radicalization and Extremism (London: Claystone) http://www.claystone.org.uk/wp-content/uploads/2015/01/Claystone-rethinking-radicalisation.pdf

Muhammad Afifi al-Akiti (2005), Defending the Transgressed: Mudafi' al-Mazlum: Fatwa Against the Targeting of Civilians, in http://www.livingislam.org/maa/dcmm_e.html

Sherman Jackson, Al-Gama’ah Al-Islamiyah (2015), Initiative to Stop the Violence: Sadat’s Assassins and the Renunciation of Political Violence, (New Haven and London: Yale University Press).

Yasir Qadhi, Daniel Haqiqatjou (2015),  What Is “Islamic”? A Muslim Response to ISIS and The Atlantic, in http://muslimmatters.org/2015/02/23/what-is-islamic-a-muslim-response-to-isis-and-the-atlantic/

Notes:

1.      1. For my review of Shaykh Tahirul Qadri’s fatwa see: http://mansys.blogspot.co.uk/2012/04/review-fatwa-on-terrorism-and-suicide.html

Mukhtasar al-Quduri review

Muslim World Book Review, volume 33, issue 3, Spring 2013, pp. 78-79

Book Review:

The Mukhtasar al-Quduri: A Manual of Islamic Law According to the Hanafi School

Translated from the Arabic with Introduction and notes by Tahir Mahmood Kiani,

(Taha Publishers LTD. 2010). Pages 761. ISBN 9781897940709

Reviewed by Dr Mansur Ali

Cardiff University

This is the translation of small opuscule, al-Mukhtasar, written by the head of the Baghdadi Hanafi guild Abu ‘l-Husayn al-Quduri (d. 428/1037); and is one of the first works of the Mukhtasar genre only to be preceded by al-Tahawi (d. 321/933). Books in the Mukhtasar genre were used to quickly train lawyers in the sacred law as well as for memorization for reference purposes. The Mukhatsar of al-Quduri gained much popularity in the Hanafi School of thought due to the position its author held in the guild as well as the superior arrangement of its contents, which hitherto was missing from legal text books. It was incorporated into the Darse Nizami syllabus taught in the religious seminaries of the Asian sub-continent as well as their affiliate seminaries in the Western world as an elementary text of Islamic sacred law.

With the steady growth of Islam in the public sphere coupled with the demands for accessibility of classical Islamic literature, translation of classical texts has found a niche in the book market. The translation under review is another example of the steady growth of translations of elementary pedagogical texts.

The translation, mostly, is clear and precise, and is honest to the Arabic. It boasts many benefits to its merit. First of all the inter-linear Arabic text with the English translation makes it easy for novices to compare and contrast the two languages. Where classical Arabic rarely employs punctuations, the translator breaks down large passages into bullet points without compromising the Arabic. He also uses sub-headings to group themes together which are missing in the Arabic. This then adds another layer of contribution to al-Quduri’s already superior arrangement. The translator uses square parenthesis to bring out the ellipses in the, otherwise somewhat obscure, Arabic text. Excessive use of footnotes has been used to clarify and elaborate issues. These take on many forms, from explaining literary conventions (ft. 8) to simple clarification (ft. 118) to making the book relevant for the modern context such as his discussion on Zakat on silver (ft. 169), medicine (ft. 216) and money in the modern context (ft. 295).

The translation has an exhaustive content page without which it would have been difficult to manoeuvre around the 761 pages. It also has endorsements from the author’s teachers as well as from Shaykh Muhammad al-Ninowi, who in very eloquent Arabic situates the author and the book in the wider context of the development of Islamic Sacred law. The translator also has a small section on jurisprudence (usul al-fiqh) as well as his methodology in translating this text. Finally, he has appended an exhaustive glossary and a useful table on the Zakat of livestock which can be quite mind-numbing to read in the Arabic.

This is a very good and useful translation; however for this reviewer the translation follows the Arabic grammar too closely which at times makes the English archaic. A more idiomatic translation would have read better although the translator acknowledges these limitations in the introduction. This translation is recommended to all those who are thinking of studying Islamic law and is a welcome addendum to the library of translated pedagogical texts.

Review: Fatwa on Terrorism and Suicide Bombings

With kind permission from Muslim World Book Review, Spring 32, (3), pp. 18-20.

Tahir-ul-Qadri, Fatwa on Terrorism and Suicide Bombings, (London: Minhaj-ul-Quran International, 2010), pp. 512, £ 19.95


Review by Dr M Mansur Ali

Cambridge Muslim College

This is the translation of an Urdu fatwa (Dahshat gardi awr fitnae khawarij) written by the author primarily to condemn terrorist activities taking place in the Asian sub-continent. In the original Urdu fatwa the author has a disclaimer saying that the writing of this fatwa is not politically motivated but a sincere attempt to rescue Islam from being hijacked by a discourse on terror. His intention is to show the beauty of Islam and that terrorism is not a part of this beauty. It is an exhaustive piece of work and reads like a classical Islamic law manual: first looking at linguistic analysis of key words, seconded by scriptural evidence from the Quran and Hadith and finally followed by the opinions of the legal experts. The English translation first discussed at a ‘historical launch’ press conference in London in March 2010 which was later published as a 512 page monograph in December 2010, had attracted much media attention. The introduction has also been translated into a myriad of languages including Arabic, French, German and Norwegian. It is also accompanied by a website, a Facebook and Twitter page. The English translation of the fatwa is preceded by a forward and an introduction by two eminent scholars in their subject area.

In the forward, Professor John Esposito places the fatwa in its historical context by showing that it is but one from a line of condemnations by Muslim scholars against terrorism and indiscriminate killing. He quotes authorities such as Timothy Winter, Yusuf al-Qaradawi and Abdul Aziz Al-Sheikh the grand mufti of Saudi Arabia. He makes reference to two important initiatives by Muslim scholars worldwide in their collective condemnation of terrorism: the Amman Message (2004-5) and ‘A Common Word Between Us and You’ (2007). Dr Tahir-ul-Qadri’s fatwa is an important continuation of the Muslim voice against terrorism. The author of the introduction, Dr Joel Hayward, a scholar of war and strategy, expresses his frustration that hitherto condemnations of terrorism have not done anything to convince non-Muslims of the peaceful nature of Islam, neither have they stopped Muslims from being radicalized. He says that in March 2010 he breathed a huge sigh of relief.

The fatwa is solidly grounded in the Islamic sources. Its meticulous attention to details covering every single avenue makes it read almost like an encyclopaedia on the ethics of war and justice. It discusses the lexical and etymological meanings of Islam, Iman and Ihsan, the unlawfulness of indiscriminately killing people, Muslim or otherwise. He writes about the unlawfulness of terrorism in all forms, the rules related to the protection of ones religion, life, honour and wealth and the prohibition of rebelling against the government amongst many other things. The fatwa also includes the opinions of Salafi and Deobandi scholars in their condemnation of terrorism.

However, there are two unique features of the fatwa which distinguishes it from other fatwas written on the subject. First of all the author claims that it is ‘an absolute condemnation of terrorism, without any excuses, without any pretext, without any exceptions, without creating any ways of justification, this condemnation is in its totality, in its comprehensiveness, in its absoluteness, [...] a total condemnation of every act of terrorism in every form and every manifestation.’ And the second unique feature which is the main thrust of the fatwa and which the author calls his unique contribution, is his declaration that terrorists are ‘outside the ambit of Islam’ in other words they are kafirs who are not ‘heroes of Islam but the heroes of hell.’

The author comes to this conclusion through three different types of reasoning. First of all through a linguistic analysis of the words ‘Islam’ and ‘Iman’ he concludes that a terrorist acts contrary to what Islam and Iman are and therefore he cannot be from them even though outwardly he is pious and devout (p. 35). The second evidence for declaring terrorists as kafirs is based on Abu Mansur al-Maturidi’s reading of the verse ‘whoever kills a person, except as a punishment for murder or disorder in the land, it is as if he killed all of humanity (Quran 5:32). Al-Maturidi’s reading of the verse is based on the understanding that a person who deems it permissible to kill another person (istihlal al-qatl) without recourse to a court of law, in essence is denying the validity of the Quranic verse and as a result of this he is a kafir. This is different from the person who kills out of anger without believing it to be permissible.

The above two reasonings are only preambles to the author’s main reasoning in declaring terrorists as kafirs. His main ammunition against them is that they are the same old evil kharijites with a new name. He dedicates over 145 pages in trying to prove this (chapter 17: today’s terrorists are kharijites, p.385). By identifying similar khariji traits in the modern day terrorists, he declares them to be a modern manifestation of kharijis and then falls back on to higher authorities who have declared kharijites to be out of the fold of Islam (he also honestly documents the opinions of those scholars who did not hold this view). He sincerely believes that the Prophet’s prophecies regarding the description of the kharijites also fit into today’s terrorists. However, in doing so he makes some gross generalizations such as the Prophet saying they will be young, they will have bushy beards, they will wear their trousers way above their ankles and that they will come from the east. He even tries to make acoustic links between the Haruriya (another name for the kharijites) and modern day Hizb al-Tahrir, and al-Qa’diya (one of the names for the kharijites) and al-Qaeda saying that the only difference in the latter is the addition of the letter alif.

Although most readers will agree with the bulk of the fatwa, some may find the author’s main thrust of the fatwa (i.e. declaring the terrorists to be non-Muslims) problematic and difficult to accept from a theological and sociological point of view. First of all one may ask what constitutes istihalal. Modern day terrorists are not deliberately rejecting a ma’lum min al-din bi al-darura (that which is necessarily known from the religion), but they are sincerely upholding an interpretation (yuqatiluna ala al-ta’wil) which mainstream Islam rejects. They are guilty of violating ijma’ and not kufr. Therefore, one may say that the author is too absolute in assuming that rejecting a consensual interpretation constitutes kufr. Similarly the author’s position goes against the Amman message which professor Esposito writes about in the forward. Scholars who signed the Amman message, of which the author is also a signatory, agreed that it is not permissible for anyone to declare a person who believes in Allah and the Prophet as an apostate. Ironically, it categorically mentions that the Ibadis are Muslims, the Ibadis being an offshoot of the historical kharijites.

Another problem arising from declaring the terrorists to be non-Muslims is that one may see it as an attempt to shy away from the fact that terrorism is a problem within the Muslim community. A more head-on theological rebuttal to terrorist misreading of the Islamic sources would have been more efficient. And finally one may say that by declaring terrorists as non-Muslims the author is falling into the very same mentality that the kharijites were notorious for. Saying this, the author’s line of argument may help potential terrorists think twice before allowing themselves to be radicalised. We hope this maybe the case.

Abu Hanifa: His Life, Legal Method and Legacy by Shaykh Akram Nadwi

Reproduced here with kind permission from Muslim World Book Review (MWBR)

Review: Abu Hanifa: His Life, Legal Method and Legacy
Mohammad Akram Nadwi, (Markfield: Kube Publishing Ltd., 2010)

Reviewed by: Dr M Mansur Ali
Cardiff University

Muslim World Book Review (MWBR) vol. 31, no. 4, Summer 2011, pp. 29-31.

This very short, albeit highly erudite work of hagiography has been written by a scholar who has engaged with Abu Hanifa and his legacy for a very long time. By using only the most authentic reports found in the classical Islamic prosopographical collections, original Arabic and Urdu sources and core Hanafi legal texts, the author endeavours to understand ‘why’ and ‘how’ Abu Hanifa came to inherit the appellation ‘Al-Imam al-A’zam’ (the greatest one worthy to be followed), an epithet which is worthy of him today as it was in his days.

The book is written in the typical format of a classical Islamic biography work. He discusses, Abu Hanifa’s life, his life style, his erudition and probity, his piety and propriety, his scholarship, his teachers and his students. He talks about him as a jurist, a lawyer, a theologian and a Hadith scholar. The impact of Abu Hanifa’s fiqh and its status in the modern age is discussed in details. All of these discussions take place within the framework of the overall development of Islamic law in general. The quality of the book is further enhanced by the use of diagrams and an annotated reading list. At this juncture, given the plethora of sources found on Abu Hanifa’s life in English in the form of monographs, articles, introductory sections to translated classical texts, translations of Arabic and Urdu books, audio and visual recordings and the internet, the question that looms on this reviewer’s mind is ‘what is the need for yet another biography of Abu Hanifa?’

The reviewer believes that it is what the author wants to do with the biography of Abu Hanifa that justifies the writing of this book. The author deems it pertinent to write this book because of three reasons. Firstly, he takes issues with the many voices from within and outwith Islam shouting for an Islamic reformation. He argues that Islam’s contribution to the modern world especially in trade and commerce has been advanced by people like Abu Hanifa and his ilk. It’s only through understanding and emulating the lives of these pious savants that some of the ethical and moral principles that have been lost can be restored. Secondly, information readily available through high-speed medium is not ‘ilm but short lived, bereft of any substance and missing the personal touch of a wise master. Through this book, the author wants to remind us that true ‘ilm can only be sought through slow and painstaking study where the knowledge is passed from heart to heart.

For this reviewer, the most unique contribution of this book is the author’s third reason for writing the book. The author draws a distinction between Abu Hanifa and later Hanafi scholars. That Abu Hanifa is someone who understood the context as well as the text, that he made a distinction between the spirit of the law and its word and that his understanding of the law is not partial but holistic. He urges Muslim scholars to recover both their intellectual ability as well as their moral authority to understand the Qur,an and Sunna in its entirety and not just in parts. The scholars will find a precedent for this in Abu Hanifa, who paradoxically, was neither a Hanafi nor a professional Hanafi Mufti. This is a streak that one can implicitly see throughout the work (pp. 115-120). The author very subtly tries to rescue Abu Hanifa from Hanafi scholars who are engaged in ‘self-contained discourse’, where the fiqh is presented ‘with reference to itself rather than its sources’, a partial and anachronistic understanding of fiqh that is severed from reality.

Equally unique is the author’s discussion on the development of the sciences of Hadith. One of the major drawbacks, that this reviewer has noticed, in some traditional Islamic circles is that people tend to treat the works of the scholars in a way as if they were all written in the same era; working with the same hermeneutical devices and employing terminologies that are ossified in time. This kind of attitude towards the sources leads to misunderstanding and unfounded criticism as the author has shown. Abu Hanifa cannot be blamed for following a hadith deemed to be weak by later standards if those standards were not available in his day and age. If the Hanafi School is founded upon those standards used by Abu Hanifa, then it is not fair to judge the actions of its followers through later developments. This is a very important subject as it will put a lot of minds at ease as to why seemingly Abu Hanifa does not follow sound Hadith.

A few personal observations. One does not get an inkling of the author’s opinion regarding the authorship of Al-Fiqh Al-Akbar. Abu Zahra opines that some of the topics discussed in the work seem to have developed after Abu Hanifa. It would have been interesting to see how the author reacts to this assertion. The author very brilliantly sheds light on Abu Hanifa as a Hadith scholar. However, this discussion would have been further enhanced if the author addressed the common cliché that Abu Hanifa knew only 17 Hadiths. An assumption that stems from a comment made by Ibn Khaldun in his Prolegomena (although Ibn Khaldun does indicate it to be a weak claim by using the passive perfective verb ‘qeela’). A section on the Hadith works of the school would have nicely complimented the legacy of Abu Hanifa. Finally, ‘Radd al-Mukhtar’ should read ‘Radd al-Muhtar’ (p. 111).

The author has successfully delivered his promise to understand as to ‘why’ and ‘how’ Abu Hanifa came to deserve the title ‘Al-Imam al-A’zam’; it now remains the duty of the scholars to imbibe Abu Hanifa’s teachings in trying to understand the Qur’an and Sunna holistically in both letter and spirit.

Question from fiqh salat session 1

6/05/2006

Q1. It says that women should not have a gap between their feet. But this causes loss of balance. What are we supposed to do? (I have been told that a little gap may be kept).

A1. There is nothing wrong with keeping a little gap

Q2. Whats tasmiya? (Women’s prayer, point 8, pg7)

A2. Tasmiya is another name for bismillah

Q3. Is it sinful to talk/do worldly things whilst the azaan is being narrated?

A3. It definitely is makruh to talk during azan. There is a difference of opinion concerning if it is wajib or not to listen and respond to the azan. It is mandub to stop doing all actions during azan time. This is obviously when stopping these actions does not inconvenient others or brings you some kind of loss.

Q4. Sometimes in eid prayer, there are two jamats, is this not makruh?

A4. It is not makruh to have more than one eid jamat. It is makruh only for normal salat in the mosque where the jamat has already taken place. This is the hanafi position.

Q5. Is it a bid’ah to kiss the quran after you’ve finished reciting it? Is it a bid’ah to kiss the prayer mat after completion of the prayer?

A5. These actions are not endorsed by the quran and sunna therefore if they are done out of love, they should not be done with the intention of a valid ibaada. Making them into an ibada will relegate them to the position of a bid’ah. Allah knows best

Q6. When you are unsure of whether you have made a mistake or not, should you do sajada sahw?

A6. If this happens very rarely then you should start the prayer again, if this happens frequently then you should do sajda sahw

Q7. You said about eating whilst in the state of hunger before salat, but what if you haven’t got much time left for salat?

A7. Its not haram to pray in the state of hunger. What I mean by hunger is that your body starts shaking due to intense hunger. In any case if the time is short then you can pray before eating.

Q8. If you are on a long train journey and time for prayer is running out but space is very limited – how do you pray?

A8. You can pray in your seat, it is better to be facing the ka’ba when you start the prayer.

Q9. What is the difference between nafal and halki nafal?

A9. Halki nafal (salat khafifa) are a set of nafals which carry additional merit and are normally shorter than other nafals.

Q10. If weetr is your last prayer then why pray halky nafal?

A10. You should make witr the last prayer, however praying the short nafals carry extra merits therefore they should also be prayed.

Q11. How much time should you leave between tahajjud prayer and your fajar prayer?

A11. One sixth of the night. If you were to make the night into six parts from isha till fajar. The first half will be for sleeping, the next third for tahajjud and the remaining sixth will be for going back to sleep before waking up for fajar.

Q12. Salatul witr. Point 5 Musthab to send salutation on the Prophet (saw), how do you send salutation on the prophet (saw) or is it included in the dua?

A12. After the dua of qunut salutation should normally be said like what we read after the tashhud in the last sitting of any prayer.

Q13. Can women do ikamah?

A13. Only amongst women, however it is better not to.

Q14. Is it qada to read isha salah after midnite? Is it makruh tanzihi or makruh tahrimi?

A14. It does not become qada after midnight. You can pray isha anytime before fajar however it is mustahab to pray it before one third of the night ends, after that it is makruh tanzihi.

Q15. Does the dua need to be in Arabic? Will it affect the response?

A15. In the prayer itself such as in ruku or sujud, it has to be in Arabic or the prayer will break. As far as outside of prayer is concerned then it can be said in any language, it will not affect the response for the response depends on your sincerity and not language and rhetoric.

Q16. If verbal intention is said before namaz but the wrong thing is said e.g. instead of isha you say maghrib, but go to takbir then realise the mistake, should you break the salat and start again or continue?

A16. You should not break the prayer as the verbal intention is not fard or wajib, as long as you know in your heart what you are praying its ok.

Q17. If the azan for asr has been called in a mosque, can you pray dhur in the mosque afterwards (due to difference of times between hanafi and shafir etc?

A17. Yes you can.

Q18. For sajda tilaawat is there a time limit for reciting the ayah to making the sajdah?
A18. If the sajda ayat has been prayed in the prayer it has to be immediately done however outside of prayer there is not time limit.

Q19. Sometimes in prayer, my sleeves move up and some of my wrist is exposed. What should I do in this situation? (note: this is a female case)

A19. You should take it down immediately; your prayer will be ok.

Q20. Is it sinful to pray namaz in the opposite direction?

A20. If it is done purposely, then yes it is sinful and you will need to do qada of your prayer, if it is done by mistake then inshallah there will be no reproach.

Q21. On a journey, are we allowed to read namaz sitting down?

A21. If you are not able to stand up for example in a train then you may do so sitting down

Q22. ‘Prevention before cure’ When someone ignorant sees us doing ‘eye thing’ they will think that it is part of ibaada so shouldn’t we be avoiding it even if your intention is pure?

A22. Very good point, yes it should be avoided in public as not to confuse the people, a better way of doing it is to educate people, however that will take a long time. Thank you for the valuable suggestion.

Note: all questions relating to female congregation prayer has not been answered as we will deal with them in depth in the next fiqh session.

And Allah knows best.

Aswers for tahara and usul al-fiqh test paper

Please see below for test paper: http://mansys.blogspot.com/2006/04/tahara-and-usul-al-fiqh-test.html

1. D
2. B
3. B
4. A
5. C

7. There are seven legal rulings in Hanafi fiqh, they are Fard, Wajib, Mandub, Mubah, Makruh Tanzihi, Makruh Tahrimi and Haram.
They differ from the rest of the schools of fiqh in the sense that the rest of the schools don’t have more than five legal rulings, they don’t have Wajib and Makruh Tahrimi.

9. Maa Mutlaq is water which is pure and can be used to purify.
Maa Mustamal is water which is pure but has lost the quality of purifying
They are both similar in the sense that both of them are pure, different in the sense that the former can be used for purifying whilst the latter can’t
Maa Najis is polluted water. It is the complete opposite of Maa Mutalaq and has nothing in common. It is similar to Maa Mustamal in the sense that both of them cannot be used for purification purposes. It is different in the sense that Maa Mustamal is pure and clean whilst this one is not.

10. Adab of Wudu

To sit in a high place
To face the qibla
To do the wudu independently without anyone’s help

11. In the state of major pollution you cannot

a. Read the Quran
b. Touch the Quran
c. Do Tawaf of the Kaba
d. Go into the Masjid without a valid reason
e. Pray Salaat

12. Sleep in its self is not a canceller of Wudu. Wudu breaks only if you lose control over your mind and body. This happens in the state of deep sleep. However if the sleep is light, then it does not break the wudu as long as the person is not lying down.

13. Tayammum can be practiced:
a. In the absence of water,
b. Or if someone is not able to use water because of illness.

14. 3 Days

15. Ghusl is Mandub:

c. For the one who has just majored (baligh)
d. After washing a corpse

16. Hamada cannot do tayammum because he is the wali (next of kin). He has the full right to make everyone repeat the janaza prayer if they have started without his permission, therefore the question of Hamada missing the janaza prayer does not even raise.

17. Seven days will be counted as hayd and seven days will be irregular bleeding. In the days of irregular bleeding she will have to do the wudu for every prayer time.

18. They will respond to Nizar by saying that every form of ibadat is haram unless the contrary is proven. Since this form of ibadaat cannot be proven to be a valid worship therefore it is haraam.

19. Nadia will be able to eat chocolate because everything in halal until proven to be haram. There is no mention of chocolates in the quran and sunna therefore it will be halal providing the ingredients are hala.

20. Hisham’s wudu will be broken because Hisham is sure that he entered the bathroom. Since normally people relieve themselves in the bathroom on this basis Hisham’s wudu will be broken.

21. Hiba is not obliged to do the full wudu again because she is still in the state of wudu

22. Nurhan and her friends can drink out of these glasses provided the glasses are washed properly. This is because impurity does not permeate into impermeable objects.

23. Shayma can teach, according to the opinion of Imam Tahawi, by breaking up the ayats into little portions. In this way it does not come under the category of qiraat. She is allowed to read all other types of Islamic literature being careful that at the same time she does not touch the verses of the quran if they do come in these books.

24. Shahrur’s wudu will be broken because letting out wind was not a problem for him.

25. Hanadi is allowed to take a bath in the pond providing the pond is big and he bathes away form the place where the najasat is.

Extension paper

1. Hamdi should start his prayer again, he does not need to do wudu again

2. Ibtisaam can do wudu with the same water again, because the condition for the water to become used is that she is using it with the intention of worship.

3. Naguib will not be branded as a kafir because sexual intercourse with ones wife during her menses is not haram because of a primary prohibition but because of a secondary prohibition i.e. menstruation.

4. The water that emanated from the fingers of the Prophet is the most blessed, even more than zamzam.

5. Zaid should pray when he finds water of soil and not before that

Questions from fiqh al-tahara lessons

Q.1. If I have normal menstruation for 10 days, but one I get it for 9 days, do I pray on the 10th day

A.1. The Ulama have written that in this situation the woman should pray on the 10th day in case she has really come out of her menstruation. It is better to be safe than sorry.

Q.2. what if you have an illness of clear discharge all the time, would you have to 2 perform a new wudu each time?

A.2. If the illness is such that it comes under the category of the excused then wudu should be done only once for every prayer time.
If the illness is not that serious then wudu should be done each time the discharge leaves the body.
Condition for qualifying to be from the excused: If discharge continues for one full salat time (the whole time and not the time that it takes to pray only), in the sense that after doing a fresh wudu you can’t stay five minutes but the wudu breaks again. To remain an excused the illness should be found once in every salat time hereafter.

Q.3. A woman has irregular bleeding, e.g. 2 months. When her regular cycle is 10 days, when should she resume to read her prayers.

A.3. The answer to this question in its simplest form is that the woman will observe the first 10 days as menstruation, the next 15 days will be counted as istihaada (irregular vaginal bleeding) and the next 10 days will be counted as menstruation. (Every 15 days between two bleeding will be counted as istihaada period.)


Q.4. When I first started, regular days of menstruation was 5 days. Then, due to some problem my menstruation became irregular. Then it became regular again for a couple of months, then irregular again. What should she do? What is her average?

A.4. The question is a bit vague. If the menstruation started with 5 days and then became irregular. Then there are two possibilities. If the irregular bleeding did not exceed 10 days then the extra days will also be counted as hayd. E.g. if the menstruation started with 5 days but then extended to 9 days, then all 9 days will be counted as hayd.
If the irregular bleeding exceeded 10 days then from the 6th day onwards everything will be counted as istihaada. E.g. if the menstruation started with 5 days and extended to 14 days then the extra 9 days will be counted as istihaada.

Q.5. if exceeding the 40 days in which you’re supposed to trim, cut (etc) the under arm hair and below the naval hair, what are the punishment and is it a major sin?

A.5. Its makruh and is against the fitra

Q.6. when discharge leaves a woman’s body does this need fresh wudu?

A.6. Yes the wudu breaks and a fresh wudu is needed

Tahara and Usul al-fiqh test

Course code: LTFM01
Please circle the correct answer

1. The following are from the faraid of wudu: (2 marks)

Washing the face and wiping the ear
Wiping the head and wiping the neck
Blowing the nose and gargling
Washing the arms up to and including the elbow and doing masah (wiping) on leather socks

2. Laughing out loud in prayer: (2 marks)

Breaks the prayer only
Breaks the Wudu and prayer
Ghusl becomes fard
Nothing happens

3. Acts that are permissible during post-natal bleeding (nifas) are: (2 marks)

Reciting the Quran
Listening to the Quran
Doing tawaf
Having sexual intercourse

4. Intention is a fard in: (2 marks)

Tayammum
Masah
Wudu
Ghusl

5. Something which has been established by means of probable evidence and entails punishment upon commission is: (2 marks)

Mubah
Haram
Makruh Tahrimi
Fard

6. Please write in detail the proper way of taking a bath, (include the faraid and sunans). (7 marks)

7. How many legal norms are there according to hanafi fiqh, and how do they differ from the rest of the schools of thought? (5 marks)
8. What is the punishment for missing out a sunna muakkada (4 marks)

9. What is the difference between maa mutlaq (normal water), maa mustamal (used water) and maa najis (impure water)? Please discuss their similarities and differences. (6 marks)

10. Please write some adaab (etiquettes) of wudu. (3 marks)

11. What can you not do in the state of major pollution (i.e. in need of a bath)? (5 marks)

12. Does sleeping break wudu? Please elaborate (5 marks)

13. When can tayammum be practiced? (2 marks)

14. What is the time limit for wearing leather socks for a traveller? (1 mark)

15. When is taking a bath mandub (preferable)? (2 marks)

16. Hamada’s father has passed away. On his way to the Janaza prayer Hamada got stuck in a traffic jam and was getting late. He thought to himself that if he were to do the wudu he might miss the prayer; in this situation would it be permissible for Hamada to perform dry ablution (tayammum)? Please explain your answer. (5 marks)

17. Sister Hanan has regular seven days of bleeding. One month she became irregular and bled for 14 days. In this situation how many days should be counted as menstruation and what should she do about her prayers? Please explain your answer. (5 marks)

18. Nizar suddenly decided to worship Allah by hanging upside down from a tree with a Quran in his hand. Upon coaxing from family members, Nizar asked them to prove where in the Quran it says that this form of worship is haram. How would they respond to his argument by using the principles of fiqh (usul al-fiqh)? (5 marks)

19. Nadia is a very good Muslim girl who strictly follows the Quran and Sunna. She is also a chocoholic (someone who loves chocolate). She once heard the local Imam saying that Allah has not left anything out of the Quran. Nadia did not find the mention of chocolate in the Quran or the Sunna therefore she decided to stop eating chocolate. In this situation how can we make her understand that chocolate can be halal and yet not be mentioned in the Quran and Sunna? Please apply your knowledge of usul al-fiqh. (5 marks)

20. Hisham is not sure if he has wudu or not. He does remember going in to the bathroom but does not remember if he relieved himself or just washed his hands. In this situation what should he do and why? (5 marks)

21. Hiba wore leather socks in the state of purity. She took her leather socks off after five hours (whilst still in the state of wudu). She then decided to wear them again. In this situation is she obliged to do the full wudu again before wearing the socks? Please explain. (5 marks)

22. Nurhan and her friends go to a restaurant on Wimslow Road for a meal. They order orange juice which is served in the same glasses that are used to serve alcohol in. Would it be permissible for them to drink from these glasses? Please explain. (5 marks)

23. Shayma is in her menstruation, however she teaches Quran to little children. Taking 7 days off every month will really affect the children’s education. How does Shayma solve this problem? And if she wanted to read any other Islamic literature such as Hadith is she able to? (5 marks)

24. Shahrur suffers from constant nose bleed; therefore he performs ablution in the beginning of every prayer time. At maghrib time Shahrur did wudu and was about to pray maghrib salat when he suddenly let out wind. Would we say that his wudu is still valid because he is from the excused? Please elaborate. (5 marks)
25. Hanadi is in Bangladesh and wishes to take a bath in the pond (fushkoni). He finds some najasat at the other end of the pond. Is he allowed to take a bath in this pond? If he is then what are the conditions, and if he isn’t then why? (5 marks)

For the Really Daring
(Note this section is not a part of the actual test and does not need to be completed. It will not contribute to the marks)



1. Whilst praying the janaza salat Hamdi suddenly burst in to laughter, in this situation what should he do?

2. Ibtisam is in the state of wudu. On a hot summer’s day she decided to do wudu again just to cool her self down. She performs the wudu in a bucket. Can Ibtisam use the same water that she used for wudu a second time to purify herself later? Please explain your answer.

3. Naguib believes that it is halal to have sexual intercourse with one’s wife whilst she is in her period. This is in violation of an unequivocal text of the Quran. Can Naguib be branded as a kafir for holding this opinion? Please explain

4. Which is the most blessed water in this world and the hereafter? Please explain

5. Zaid is locked up in a metal container by terrorists; he hasn’t any water to perform wudu with nor any earth to do tayammum. The time for prayer is almost finishing. In this situation how does Zaid react?

Wa sallallahu ala ashraf al-anbiya wal mursalin wa ala aalihi wa ashabihi ajmain. Nastaghfirullah wa natubu ilayh.