Backbiting and Slander.

In the Name of Allah, Most Gracious, Most Merciful;

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

 

Backbiting [gheebah] is to say something about people in their absence, even though if the things that were mentioned and said might be true or which  they would not like to hear about it themselves. While gossiping [nameemah] means passing on the news of people with the intention of causing them harm or gaining a desired reward from those to whom the news is conveyed. Slander [buhtan] is the vilest because it spread false information or lies about someone.

 Allah indicates how serious backbiting is. Allah also shows us how we may fall into the sinful acts. First, we become suspicious of others and begin to keep track of what they are doing and saying.

 Allah SWT says: “O you, who believe, avoid much suspicion, for some suspicion is a sin. Neither spy on one another, nor backbite one another. Would one of you love to eat the flesh of his dead brother? Nay, you would detest it, [so similarly, avoid backbiting]. And fear Allah. Indeed, Allah is Most Forgiving, Most Merciful.” [Al-Hujurat, 49:12]

 We tend to interpret someone actions and words in our own way, which often inaccurate because we do not know all of their motives and intentions. Then we start to talk about them in their absence, often saying things about them that are not true, and if they knew what we were saying about them, they would be upset a great deal, we run the risk of needlessly damaging their reputations. Sometimes our suspicions and interpretations are correct, but this does not mean that it is a good thing to talk these things to others so that they do not fall into sinful behavior and their reputation are not tarnished.

 The Prophet Muhammad SAW once asked his Companions: “Do you know what is backbiting?” His Companions said, “Allah and His Messenger know best.” The Prophet SAW said: “Backbiting implies you’re talking about your brother in a manner that he does not like.” It was said to him, “What is your opinion about this if I actually find that shortcoming in my brother?” He said, “If what you assert (of a shortcoming) is actually in him, you have backbitten him; if it is not, you have slandered him” [Muslim].

  Rulings on Backbiting

 Islam attaches a great importance to preserving people’s honor and guarding them against any malicious defamation and slander. It is in this light  Islam prohibits backbiting and gives serious warning against it. Allah Says:

 “O you, who believe, avoid much suspicion, for some suspicion is a sin. Neither spy on one another, nor backbite one another. Would one of you love to eat the flesh of his dead brother? Nay, you would detest it, [so similarly, avoid backbiting]. And fear Allah. Indeed, Allah is Most Forgiving, Most Merciful.” [Al-Hujurat, 49:12]

 However, there are some exceptions for this ruling. Sometimes, it becomes necessary to show the faults of certain people to ward off a serious evil that may occur if they are covered. Elaborating on these exceptions Sheikh Ahmad Kutty, an Islamic scholar at the Islamic Institute of Toronto, Canada, states:

 Although, indulging in backbiting is considered an atrocity and forbidden, in light of their detailed study of the sources, scholars have considered it permissible to state the negative aspects or traits of a person or persons in their absence in certain exceptional cases in order to protect the interests of the people. Here are the conditions where it has been considered permissible:

 1. It is not considered forbidden to mention the negative aspects of a marriage candidate in order to help the person who is planning to get married to formulate a sound opinion. In such a case, it becomes the religious duty of everyone who is asked about an individual to divulge any relevant information about him or her.

 2. A public figure that may be running as a candidate for a position is just like a marriage candidate. Since it is vital to protect the interests of the public, it is considered permissible to disclose such information about him, which may reflect negatively on his performance or eligibility to serve. Public office is a position of trust and, as such, only people of integrity should be appointed to such positions.

 3. It is allowed to mention the tyrants, despots, and rebellious persons who are role models of impiety, immorality, and rebellion against Allah in order to warn people against such behavior. It is in this spirit that we find the Qur’an narrates to us the stories of Pharaoh, Nimrod, Haman, and Qarun, and so on. Therefore, it is not considered sinful to speak negatively about personalities like Abu Lahab and Abu Jahal.

 4. It is also not considered sinful to mention a person who is openly violating the laws of Allah. It is said, “An immoral person has no honor to protect” since he has already tarnished his honor by openly flaunting the laws of Allah.

 5. If a person has been harmed or has been treated unjustly and unfairly by someone, he can speak about it to the proper authorities in order to seek justice or restore his legitimate rights. Included in this category are those who complain to the authorities about an abusive husband, or guardian, or leader, and so on.

 6. If a so-called leader, preacher, or scholar is known to be spreading corrupt ideas or heretical ideas it is considered permissible to forewarn people about him. However, in order for this to be permissible, one must have ascertained a fact that the ideas or opinions he is advocating are indeed heretical beyond a shadow of doubt. Otherwise, it would be a terrible sin, for it has been rightly stated by scholars, “The flesh of scholars is poisoned meat!

 Ways of Avoiding Backbiting.

 • More Listening and Less Talking

 We can avoid sinful of tongues by limiting the type of talking about things as much as possible. We should spend more time listening to others than we do talking about others and to not to abuse our two ears and the tongue.

 If we find ourselves in the company of those who we know to be the gossipy type, we should get them to change the topic of discussion. If we are not able to do so, we should leave before we get involved in gossip or talk about useless things.

 • Repentance and Forgiveness

 One who commits a sin, whatever it is, should have hope in Allah’s mercy. They must be sure that Allah will accept their repentance. We are told in the Qur’an:

 “Say: O My [Allah’s] slaves, who have been prodigal to their own hurt, despair not of the mercy of Allah, Who forgives all sins. Lo! He is the Forgiving, the Merciful.” [Az-Zumur, 39:53]

 In order for repentance to be accepted, they must desist from the sin they have been doing, regret having done that sin, and make firm and sincere intention not to return to that bad deed.

 Scholars add that if the sin involves a human’s right, repentance requires a fourth condition: to be absolved from such a right. If it is a property, the sinner should return it to its rightful owner. If it is slandering or backbiting, the sinner should ask pardon of the offended.

 Therefore, we must try to seek the forgiveness of the person you have backbitten. However, some scholars say it is not necessary to go to the offended (especially if they do not know you have slandered or gossiped about them) and seek Allah’s forgiveness for causing harm and create hatred between them.

 • Controlling Words Once Spoken: Mission Impossible

 Once our words are spoken, they get bigger and beyond control. Even if we regret them and wish to take them back, we would not be able to do it. Once the word is out, it is not easily forgotten or forgiven by others. The damage is done. Therefore, it is crucial that we choose our words very carefully before we let them out into the public. We should ask forgiveness from Allah of those we hurt so that we can avoid a more difficult repayment of our sins in the hereafter. If they are not able to forgive us in this life, Allah will give them their rights on the Day of Judgment by taking from our good deeds and giving their value to those whom we wronged in this life.

 The Prophet SAW told us that whoever guarantees their tongue, the Prophet guarantees Paradise for them (Al-Bukhari).

 [Via muslims.ca]

Delay In Making Up The Missed Fast.

One particular year I did not fast the days when I had my monthly period, and I have not been able to fast them until now. Many years have gone by and I want to make up the fasts that I owe, but I do not know how many days I have to make up. What should I do?

 

All the Praise be to Allah, the Lord of al-‘Alamin.  Peace and Blessing Be Upon his Messenger

 

If one delay to qada it is liable to undertake  three things:

 

1. Repent. One has to repent to Allah SWT for the delay, and regret of the past negligence; you must also resolve not to repeat such a thing again, because Allah SWT says:

 

“And all of you beg Allah to forgive you all, O believers, that you may be successful” [An-Nur, 24:31]

 

This delay [observing the the obligatory duty] is a sin, so it is essential to repent to Allah SWT from such sin.

 

2. Priority. One must hasten ,giving priority  to fast the number of days you  have missed, and (remember that) Allah SWT does not burden any person beyond his scope. However, if could not remember the exact  days you have to fast the number of days you think you have missed. If you think  it was ten days, then fast for ten days; if you think that it was more or less than that, fast as many days as you think, because Allah says :

 

“Allah burdens not a person beyond his scope” [Al-Baqarah 2:286]

 

“So keep your duty to Allah and fear Him as much as you can” [Al-Taghabun 64:16] 

 

3. Pay the Expiation. Feeding one poor person for each day if you can afford to do that [fidyah], even if you give it all to one poor person. But if you are poor and cannot feed another person, then you  not have to do anything apart from fasting and repenting.

 

What is meant by feeding a poor person here is giving half a saa’ of the local staple food for each day; half a saa’ is equivalent to one and a half kilograms.

 

[Majmu’ Fatawa al-Maqalat li’l-Shaikh Ibn Baaz, 6/19.]

 

©Islam Q&A

Dato Ambiga’s Press Statement: Saiful’s Medical Report

Press Release: Saiful’s medical report

 

Contributed by Ambiga Sreenevasan

Monday, 28 July 2008 05:54PM

 

Very troubling reports have been published, which reveal the existence of a medical report of an examination done by a doctor on Mohd Saiful Bukhari bin Azlan a few hours before Saiful lodged a police report that he had been sodomised. The medical report apparently shows that there is no evidence that he had been sodomised by anyone.

 

Such reports raise some very serious questions that require immediate answers:

 

(1) Are the police in possession of such a medical report?

(2) Was the doctor concerned interviewed by the police and was he detained for any length of time?

(3) Is the doctor concerned facing any form of intimidation and if so, by whom?

(4) Is there a medical report by another doctor that either confirms or contradicts the first medical report?

(5) If it is true that the medical report exists showing a lack of prima facie evidence, what then could have been the justification for the vigorous actions taken against Datuk Seri Anwar Ibrahim as well as the public call by the authorities for his DNA sample?

 

The answers to these questions are of paramount importance, as they bring into focus the integrity of our law enforcement system.

 

These latest disclosures regarding the investigations into the sodomy allegations are not the only ones to raise questions that need answering. There is, for example, also the issue of P. Balasubramaniam’s abrupt “disappearance” that has yet to be satisfactorily explained. No one can deny that the circumstances of his first and second statutory declarations are highly unusual. All these show a pattern of events that cause much disquiet to right-thinking members of the public.

 

The Malaysian people are deeply troubled. A country that truly believes in the rule of law should not be faced with so many disturbing developments and unanswered questions.

 

The credibility of the Malaysian justice system as a whole is therefore at stake. The integrity of professionals, be they doctors or lawyers, must never be interfered with. The public must be left in no doubt that the criminal justice system in this country will not be misused or abused. There must be nothing less than an open and thorough investigation into these cases. This calls for the courage and professionalism of all those involved to do the right thing no matter the consequences. And those who have shown such courage and integrity must know that they live in a country where it is safe to do so.

 

 

Dato’ Ambiga Sreenevasan

 

President

Malaysian Bar

 

©The Malaysian Bar

One Who Never Observe the Fasting Without Excuse.

I am 28 years old and I have never fast a whole Ramadhan in my life. But now I intend to fast this year Insya Allah. How should I make up for the fasts that I have not observed?

 All the Praise be to Allah SWT. Peace and Blessing be upon His Messenger.

  Obligatory To Observe The Fast.

 Muslims observe the fasting in the month of Ramadhan because it is an obligatory to do so as Allah SWT has commanded them to do so: “O you who believe! Observing As-Sawm (the fasting) is prescribed for you as it was prescribed for those before you, that you may become Al-Muttaqun (pious)” [Al-Baqarah, 2:183] Fasting Ramadhan is one of the Five Pillars of Islam. The Prophet SAW  said: “Islam is built upon five pillars: testifying that there is no god except Allah and that Muhammad is the Messenger of Allah, performing Prayer, paying the zakah, making the pilgrimage to the Sacred House (Hajj), and fasting the month of Ramadhan.” [Al-Bukhari and Muslim]

 On that premise, it is obligatory to observe the fast, unless he has a legitimate syari’e excuse. One is given the excuse if one was unable to observe it due to as sickness [menstruation, pregnancy, labour or childbirth, breastfeeding etc], travelling. But one needs to make up [qada] the missed days. Allah SWT says: “…, but if any one is ill, or on a journey, the prescribed period (should be made up) by days later. Allah intends every facility for you; He does not want to put you to difficulties. (He wants you) to complete the prescribed period, and to glorify Him in that He has guided you; and perchance ye shall be grateful” [Al-Baqarah. 2:185]

 The one, who deliberately did not observe the fast with no valid excuse, falls outside the excuse given under the syari’e, and thus he is not entitling to any excuse in this regard. There are several situation of failing to fast.

 1. Failed To Observe the Fast With Legitimate Excuse.

 Sheikh Ahmad Kutty Says: The scholars and jurists are of the opinion that whoever has failed to fast for some legitimate reasons or another, one is obligated to make up for it if he or she can unless one is terminally ill or advanced in age, which entitle not to qada but feed the poor each day he missed.

 Allah Says: “[Fasting for] for a fixed number of days; but if any of you is ill, or on a journey, the prescribed number (should be made up) from days later. For those who can do it (with hardship), is a ransom, the feeding of one that is indigent[poor] but he that will give more, of his own free will, it is better for him. And it is better for you that ye fast, if ye only knew. [Al-Baqarah, 2:184]

 Ibn ‘Abbas said: “It was permitted for the very elderly man (or woman) to feed a poor person for every day (that he did not fast), and he did not have to make up for the days.” [Ad-Daraqutni and Al-Hakim]

 Shaikh Ibn ‘Uthaimin said: Breaking the fast during the day in Ramadhan with no excuse is a major sin, which makes a person a fasiq (rebellious evildoer). He has to repent to Allah and make up the day when he broke the fast. This means that if he had commence the fast but then during the day  he broke the fast with no valid excuse, then he is a sinner, and he has to make up the days he broke the fast, because when he started the fast it became binding upon him to complete it, as in the case of a vow. [Majmu’ Fatawa Al-Shaikh Ibn ‘Uthaimin, 19, Question No. 45.]

 

 Sheikh Ahmad Kutty Says: Some scholars say that the one who did not observe solah and [fasts] deliberately need not have to make up them as he was a kafir, consequences of not observing prayer or fasts. Hr has to repent. Repentance would revert to Islam and becoming a Muslim, which would, erases all the sins done. The text and sahih stipulates if one deliberately fails to observe the solah, whether out of laziness or denial the solah and obligatory [fast], he is a kafir.

 The Prophet SAW said: “Whoever does an action that is not in accordance with this matter of ours will have it rejected.”[Narrated by Al-Bukhari, 2697; Muslim, 1718.] 

 Allah Says: “And whoever transgresses the limits ordained by Allah, then such are the Zalimun (wrongdoers)” [Al-Baqarah, 2:229]

 Imam Ibn Taimiyyah said: If a person who had been away from Islam and now is repentant of his past sins and looks forward to leading a responsible Islamic life is not obligated to make up for the Solah or Fasts he or she had missed or neglected to do in the past. Rather, it is adequate for him or her to repent [for not fasting] and seek Allah for forgiveness; [regretted of the sins and resolve not to repeat]; and embarking on lots of righteous deeds.] His reasoning is that to insist that they should make up for their prayers and fasts would only serve as a deterrent against their repentance; in other words, it would not encourage them to come forward and repent. Ibn Taimiyyah says that since the main thrust of the Qur’an and the Sunnah is to give hope for the sinners and give them glad tidings so that they wholeheartedly embrace the path of repentance, such a ruling is closer to the spirit of these laws. The view of Ibn Taimiyyah is founded on a sound understanding of the wisdom and purposes of the syari`ah laws.]

 [Shaikh Ahmad Kutty]

 Shaikh Muhammad Ibn Salih Al-‘Uthaimin said: He does not have to qada or make up those fasts because with regard to every act of worship that is prescribed at a specific time, if a person delays it beyond that time deliberately without any valid excuse, Allah SWT would not accept it from him. So there is no point in making them up. But he has to sincerely repent to Allah SWT, regretted about it, and promised not to repeat them and now observe the obligations dutifully [remain constant] and perform a lot of righteous deeds. Whoever repents, Allah SWT would accept his repentance.

 “And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)” [Ta-Ha, 20:82]

 [Majmu’ Fatawa Al-Shaikh Ibn ‘Uthaimin, 19, Question No. 41]

 3. Deliberately Did Not Initiate To Fast.

 Shaikh Ibn ‘Uthaimin said: If he deliberately did not initiate to fast at all without excuse, then he does not have to make it up, because that will be of no benefit to him, for it will never be accepted from him.

 The basic principle with regard to every act of worship that is connected to a specific time is that if it is delayed beyond that time with no excuse, it will not be accepted.

 The Prophet (peace and blessings of Allah be upon him) clearly said: “Whoever does an action that is not in accordance with this matter of ours will have it rejected.”[[Narrated by Al-Bukhari, 2697; Muslim, 1718.]

  And this is a transgression of the sacred limits of Allah, and transgressing the sacred limits of Allah is zulm (wrongdoing), and the wrongdoer’s deeds are not accepted.

 Allah says: “And whoever transgresses the limits ordained by Allah, then such are the Zalimun (wrongdoers)” [Al-Baqarah 2:229]

 4. Done Outside Of Time Frame.

 If he did act of worship before the time for it prescribe, it would not be accepted from him, and by the same token if he does it after the time for it is over, it will not be accepted from him, unless he had an excuse.

 [Majmu’ Fatawa Al-Shaikh Ibn ‘Uthaimin, 19, Question No. 45.]

 And Allah knows best.

 ©Islam Q&A

Prophet Muhammad SAW, “Whoever broke even one fast of Ramadhan without an excuse or sickness, even if he fast the whole life after that, it will not compensate what he missed” (At-Tirmidzi).

 

2. Did Not Observe The Fasting At All.

Forgot To Qada Missed Fasts Before Next Ramadan

Forgot To Qada Missed Fasts before Next Ramadan

What is the ruling on one who forgets to make up missed fasts before the next Ramadan comes? 

In the name of Allah, Most Gracious, Most Merciful. 

All the praise and thanks is due to Allah, the Lord of the Al-Alamin. Peace and blessings be upon His Messenger.

Evidences.

1. In the Case Of One Who Forgot When Fasting?

The Fuqaha’ unanimously agreed that in cases of one who forget [or fail to remember], he is forgiven, which means there would be no sin or accountability in all matters, because of a great deal of evidence in the Qur’an and Sunnah.

Allah Says: “Our Lord! Punish us not if we forget or fall into error” [Al-Baqarah, 2:286]

The Prophet SAW said: “Whoever breaks his fast in Ramadan out of forgetfulness, he does not have to make that day up and he does not have to offer any expiation (kafarah).”[Narrated and classified as sahih by Al-Hakim].

Abu Hurayrah reported that the Prophet SAW said: “Whoever forgets that he is fasting and eats or drinks let him complete his fast, for the One Who fed him and gave him to drink was Allah.” [Unanimously agreed upon by the scholars].

2. In The Case Of Forgotten to Qada the Missed Ramadan Fasts.

In the case of someone who forgot to qada or make up the missed fasts of Ramadan before the next Ramadan comes, the scholars unanimously agreed that he still accountable and must make up after the second Ramadan, and he is not entitled to be waived as a result of forgetting. [The excuse is given when someone forget he is fasting. One has to make up the missed mandatory fast. This contrary to delaying to qada the missed fast.]  The scholars differed as to whether the fidyah [expiation], which is feeding a poor person, is required when making up the missed fast [after the second Ramadan has come and gone]. In relation to this issue there are two views:

1. That the fidyah is not required [due to the fact it is irrelevant to the case that requires fidyah], [or] because someone forgot, which he is forgiven which means that there is no sin and the fidyah is waived. This was the view of most of the Shafi’es and some of the Malikis.

[See: Tuhfat Al-Muhtaj by Ibn Hajar Al-Haytami (3/445); Nihayat Al-Muhtaj (3/196); Minah Al-Jalil (2/154); Sharh Mukhtasar Khalil (2/263).]

2. That the fidyah is not waived and still required, even forgetting is forgiven due to forgetfulness. This was the view of Al-Khatib Al-Sharbini among the Shafi’es, who said in Mughni Al-Muhtaj (2/176): “It seems that it means there is no sin only and that the fidyah is not waived” This was also the view of some of the Malikis.

[See: Mawahib Al-Jalil Sharh Mukhtasar Khalil (2/450).]

The Correct View

The more correct view is the first view above, meaning  the fidyah is not required [and irrelevant to the case], and  in the case if someone forgot, he  is forgiven-not accountable of his misdeeds which  means that there is no sin and the fidyah is waived  for three reasons:

1. The general meaning of the verses and ahadith which say that people are not held accountable in cases of forgetting, such as the verse in which Allah says:

“Our Lord! Punish us not if we forget or fall into error” [Al-Baqarah 2:286]

2. The basic principle that one is not subject to any expiation or fidyah except with evidence, and there is no reliable evidence in this case.                                

3. There is a difference of opinion as to whether the fidyah is required in the first place, even in the case of one who delays making up the fasts deliberately. The Hanafis and Zahiris are of the view that it is not obligatory and Shaikh Ibn ‘Uthaymeen was of the view that it is not mustahabb, because there is no hadith to suggest that it is prescribed except from the actions of some of the sahabah, which is not strong enough to suggest that people be obliged to follow it, let alone oblige them to do it in a case where Allah has granted an excuse [forgiven].

Thus one has to make up the missed fasts, and he does not have to feed the poor [fidyah], what he should make them up after Ramadan.

The Issue of Fidyah [Expiation]

The condition to pay fidyah, feeding the poor would arise due to the following situation.

1. When someone is given an exemption from fasting due to:

11. Sickness that has no chances to recover:

Allah Says: “…And upon those who are able [to fast, but with hardship]-a ransom [as substitute] of feeding a poor person [each day]… “[Al-Baqarah, 2:184]

1.2. Old Age which makes difficult to observe the fast:

Ibn ‘Abbas said: “It was permitted for the very elderly man (or woman) to feed a poor person for every day (that he did not fast), and he did not have to make up for the days.” [Ad-Daraqutni and Al-Hakim]

2.If someone intentionally breaks the fast by having sexual intercourse with the wife [he has committed a great sin and violated the sacredness of this month, and must make up the fast for that day. In addition, he is required to free a slave if it is possible to do so, if not, he has to fast two consecutive months [60 days] and if he is unable to do so,] then to he has feed sixty poor and needy people [fidyah].This is in pursuance of a hadith narrated by Abu Hurayrah RA that a person came to see the Apostle of Allah SAW and said:

“O Messenger of Allah, I am undone. The Holy Prophet SAW asked him: What has brought about your ruin? The man said: I have had intercourse with my wife during the month of Ramadan. Upon this the Prophet SAW said: Can you find a slave to set him free? He said: No. Then Prophet SAW said: Can you observe fast for two consecutive months? He said: No. The Prophet SAW then said: Can you provide food to sixty poor people? He said: No. He then sat down and (in the meanwhile) it was brought to the Apostle of Allah SAW a basket which contained dates. The Prophet SAW finally said: Give these (dates) in charity. The man said: Am I to give to one who is poorer than me? There is no family poorer than mine between the two lava plains of Madinah. The Apostle of Allah SAW broke into laughter that his molar teeth became visible and said: Go and give it to your family to eat.” [Muslim].

3.Delaying Making Up Fasts. [Majmu’ Fatawa al-Maqalat li’l-Shaikh Ibn Baaz, 6/19.]

What is meant by feeding a poor person here is giving half a saa’ of the local staple food for each day; half a saa’ is equivalent to one and a half kilograms.  

And Allah Almighty Knows best.

[Excerpted from Islam Q&A ]

Could Not Recall The Number Solah And Fasts Missed

Could Not Recall The Number Solah And Fasts Missed

Description: If someone could not remember the number of prayers and fasts he had missed, how should he make over them?

In the name of Allah, Most Gracious, Most Merciful.

All the praise and thanks is due to Allah, the Lord of the Al-Alamin. Peace and blessings be upon His Messenger.

 

The Issue of Making Up Missed Solat.

Solah may have been missed were due one of the following three scenarios:

1. The Solat was missed due to such as overslept or forgetting.

In this case it must be  made up as the Prophet (peace and blessings of Allah be upon him- sallallahu ‘alaihi wassallam-SAW) said: “Whoever forgets a prayer or sleeps and misses it, the expiation for that is to pray it when he remembers.” [Narrated by Al-Bukhari, 572; Muslim, 684].

He should offer these Solah in order of sequence as enjoined in a hadith by Jabir Ibn ‘Abdallah,  which recorded that ‘Umar Ibn Al-Khattab (may Allah be pleased with him) on the Day of Al-Khandaq after the sun had set, and started blaming the kuffar of Quraish and saying, “O Messenger of Allah! I could hardly pray ‘Asar until the sun had almost set.” The Prophet (peace and blessings of Allah be upon him) said: “By Allah! I did not pray it either.” We went to Bat-haan and he took the wudhu’ for prayer and so did we, then he prayed ‘Asar after the sun had set, then he prayed Maghrib after that. [Narrated by al-Bukhari (571) and Muslim (631)].

2. Omitted solah due to unaware of it because of unconsciousness.

In this case the solah is waived for him and he does not have to make it up.

[Fatawa Al-Lajnah Al-Da’imah, 6/21]

3. He missed the Solah for no valid reason.

One of two scenarios applies in this case:

·Either he denied and refused to accept that the solah is obligatory.

In this case there is no dispute that this is kufur and he has nothing to do with Islam. He has to enter Islam and then do all the duties and obligations of Islam, but he does not have to make up the prayers he missed when he was a kafir.

·Or, he did not observe the solah because he was negligent and lazy.

In this case the prayers are not valid if he makes them up, because he had no excuse at the time when he missed them.

·Allah has enjoined prayers at certain, clearly-defined times, as He says: “Verily, As Solah (the prayer) is enjoined on the believers at fixed hours” [An-Nisa’ 4:103]

·The Messenger of Allah SAW said: “Whoever does an action that is not part of this matter of ours will have it rejected.” [Narrated by Al-Bukhari, 2697; Muslim, 1718.]

Shaikh ‘Abd Al-‘Aziz Ibn Baaz (may Allah have mercy on him) said:

The one who missed prayers deliberately does not have to make them up, according to the correct scholarly view. Rather he has to repent to Allah, because prayer is the foundation of Islam, and failing to pray is the greatest of sins. In fact, failing to pray constitutes major kufur according to the more correct of the two scholarly opinions, because it is narrated that the Messenger of Allah SAW said:

“The covenant that stands between us and them is prayer; whoever does not pray is a kafir.”

[Narrated by Imam Ahmad and the authors of Al-Sunan with a sahih isnad from Buraidah (may Allah be pleased with him)]

The Messenger Allah said:

“Between a man and syirik and kufur there stands his giving up prayer.” [Narrated by Imam Muslim in his Sahih from Jabir Ibn ‘Abdallah (may Allah be pleased with him)].

And there are other ahadith which indicate the same thing.

What is needed is to repent sincerely to Allah by regretting what you have done in the past, resolving not to go back to it. You do not have to make up anything, either with every prayer or otherwise. Praise be to Allah, whoever repents, Allah accepts his repentance. Allah says:

“And all of you beg Allah to forgive you all, O believers, that you may be successful” [An-Nur 24:31]

And the Prophet SAW said: “The one who repents from sin is like one who did not sin at all.”

Sincere in the repentance entails to take stock of yourself, one have to ask Allah to forgive what you have done, strive to offer prayers regularly on time in congregation. And to embark in a lot of righteous deeds, and be optimistic, for Allah says:

“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)” [Ta-Ha, 20:82]

After mentioning syirik, murder and zina (adultery) in Surah Al-Furqan, Allah says:

“..and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft Forgiving, Most Merciful” [Al-Furqan 25:68-70]

[Majmu’ Fatawa Al-Shaikh Ibn Baaz, 10/329, 330]

The Issue Of Making Up Missed Fasts

If you did not fast during the time when you did not pray, then you do not have to make up those fasts, because the one who does not pray is a kafir in the sense of major kufur that puts him beyond the pale of Islam – as stated above. When a kafir becomes Muslim, he is not obliged to make up acts of worship that he did not do when he was a kafir.

But if you did not fast at a time when you were praying, then one of the following two scenarios must apply:

·Either you failed to form the intention to fast from the night before, and you decided rather that you would not fast.

In this case making up the fasts would not be valid in your case, because you failed to do the act of worship at the time prescribed for it by Islam, with no excuse.

·Or you started to fast then you broke the fast during the day.

In this case you have to make it up, because when the Prophet SAW commanded the one who had had intercourse during the day in Ramadhan to offer expiation for that, he said to him: “Fast one day in its stead.”  [Narrated by Abu Dawud, 2393; Ibn Majah, 1671; classified as sahih by Al-Albani in Irwa’ Al-Ghalil, 940].

Regarding the one who intentionally breaks the fast by having sexual intercourse with his wife during the daytime in Ramadhan, then he has committed a great sin and violated the sacredness of this month, and must make up the fast for that day. In addition, he is required to free a slave if it is possible to do so, if not, he has to fast two consecutive months and if he is unable to do so, then to he has feed sixty poor and needy people. The same is required of the wife as is required of her husband, if she freely consented (to having sexual intercourse). However, if she was forced, then nothing is required of her according to the predominant opinion of the scholars.

This is in pursuance of a hadith narrated by Abu Hurairah RA that a person came to see the Apostle of Allah SAW and said:

“O Messenger of Allah, I am undone. The Holy Prophet SAW asked him: What has brought about your ruin? The man said: I have had intercourse with my wife during the month of Ramadhan. Upon this the Prophet SAW said: Can you find a slave to set him free? He said: No. Then Prophet SAW said: Can you observe fast for two consecutive months? He said: No. The Prophet SAW then said: Can you provide food to sixty poor people? He said: No. He then sat down and (in the meanwhile) it was brought to the Apostle of Allah SAW a basket which contained dates. The Prophet SAW finally said: Give these (dates) in charity. The man said: Am I to give to one who is poorer than me? There is no family poorer than mine between the two lava plains of Madinah. The Apostle of Allah SAW broke into laughter that his molar teeth became visible and said: Go and give it to your family to eat.” [Muslim].

If one intentionally breaks his fast by eating or drinking without a legitimate excuse, then again he has committed a great sin and violated the sacredness of this month. Such a person has a severe threat awaiting him. Prophet Muhammad SAW said: “Whoever breaks fasting of Ramadhan without having a legitimate excuse or being ill, he cannot make up for that day, even if he undertakes a perpetual fast.” [Al-Bukhari]

According to Imams Ahmad, Ash-Shafi’e, Sa’id Ibn Al-Musaiyib and Al-Shabby and others said that one should sincerely repent and seek the forgiveness of Almighty Allah and make up the day later [followed by observing the righteous deeds].

This is what some of scholars regarded as an expiation that is required for breaking the fast of Ramadhan without a valid reason. They say, one should fast for two months consecutively or feed sixty poor people as well as to make up the day later with any of both forms of expiation. The most right things to do is a total repentance and embarking on righteous deeds.

Shaikh Ibn ‘Uthaimin (may Allah have mercy on him) was asked about the ruling on breaking the fast during the day in Ramadhan with no excuse. He replied:

Breaking the fast during the day in Ramadhan with no excuse is a major sin, which makes a person a fasiq (disobedient, evildoer) who has to repent to Allah and make up the day when he broke his fast; if he fasted then during the day he broke his fast with no excuse, then he has sinned, and he has to make up the day when he broke the fast, because when he started it, it became binding upon him, so he has to make it up, like a vow. But if he did not fast at all, deliberately, with no excuse, then it is most likely that he does not have to make it up, because that will not benefit him at all, for it will never be accepted from him.

The basic principle with regard to every act of worship which is to be done at a specific time is that if it is delayed beyond that time with no excuse, it will not be accepted, because the Prophet SAW said: “Whoever does any action that is not in accordance with this matter of ours will have it rejected.” And he has transgressed the limits set by Allah, and transgressing the limits set by Allah is zulm (wrongdoing), and good deeds are not accepted from the wrongdoer. Allah says: “And whoever transgresses the limits ordained by Allah, then such are the Zalimun (wrongdoers)” [Al-Baqarah 2:229]

If he had done this act of worship ahead of time – such as before the time for it commence – it would not have been accepted of him, and by the same token, if he does it after that it will not be accepted from him, unless he has an excuse.

[Majmu’ Fatawa Al-Shaikh Ibn ‘Uthaimin (19, Question No. 45)]

What he has to do is repent sincerely from all sins, and perform obligatory duties regularly and on time, and give up evil deeds, and do a lot of righteous deeds and acts of worship.

Allah the exalted knows best.

[Excerpted from Islam Q&A]

Situation Which Exempted A Person From Fasting.

In the name of Allah, Most Gracious, Most Merciful.

All the praise and thanks is due to Allah, the Lord of the Al-‘Alamin. Peace and blessings be upon His Messenger.

 1. Situation Which Exempted a Person from Fasting.

 It is from the mercy of Allah SWT and the lenience of the religion that we are allowed to break the fast if there is any danger, hardship or difficulty in it. Allah Says: 

 “…He (Allah SWT) has chosen you and has not placed upon you in the religion any difficulty…” [Al-Hajj, 22:7.8]

 1.1. Sick and Travellers.

 It is allowed for those who has a legitimate syar’ie excuse, such as [not chronically] ill [menstruation, pregnancy or labour or childbirth, breastfeeding that endanger the child welfare], travelling to break their fasts during Ramadan, but they must make up the days they missed.

 Allah Says: “[Fasting for] a limited number of days. So whoever among you is ill or on a journey [during them]-then an equal number of days [are to be made up]…” [Al-Baqarah, 2:184]

 A. The ayat stipulates that if fasting during travelling could be done, then it is better to fast. If fasting would be difficult then breaking the fast is much better with the provision to make it up before the next Ramadhan, the equal number of days he missed or broke it.

 Abu Sa’id Al-Khudri said: “we used to travel for war expeditions with the Messenger of Allah during Ramadhan. Some of us would fast and some of us would not fast, and the fasting person would not find fault with the one who was not fasting, and the person who was not fasting would not find fault with the person who was fasting. Then they thought that the person who had the strength would fast and that was better. And they thought that the person who felt weak would not fast and that was better.” [Muslim]

 If the person is ill during Ramadan, and is able to fast without difficulty, then he should fasts. If he is unable to do it then he should breaks his fast.

 B.If the ill person expects to recuperate from his illness, he waits until he recuperates and then he makes up for whatever days he did not fast. However, if he is not expected to recover, he breaks his fast and gives charity for each day that he does not fast.

 Allah Says: “…And upon those who are able [to fast, but with hardship]-a ransom [as substitute] of feeding a poor person [each day]… “[Al-Baqarah, 2:184]

 1.2. Elderly Person

 As for the elderly person who has reached an old age, at which he doesn’t have the strength to fast, he may break the fast and give charity for every day that he did not fast.

 Ibn ‘Abbas said: “It was permitted for the very elderly man (or woman) to feed a poor person for every day (that he did not fast), and he did not have to make up for the days.” [Ad-Daraqutni and Al-Hakim]

 2. Breaking the Fast without a Legitimate Excuse

 2.1. Shaikh Ibn ‘Uthaimin (may Allah have mercy on him) was asked about the ruling on breaking the fast during the day in Ramadan without syar’ie legitimate excuse.

 He replied:

 Breaking the fast during the day in Ramadan without valid excuse is a major sin, which makes a person a fasiq (rebellious evildoer). He has to repent to Allah and make up the day when he broke the fast. This means that if he fasted then during the day he broke the fast with no excuse, then he is a sinner, and he has to make up that day when he broke the fast, because when he started the fast it became binding upon him to complete it, as in the case of a vow. But if he deliberately did not start to fast at all with no excuse, then he does not have to make it up, because that will be of no benefit to him, for it will never be accepted from him.

 The basic principle with regard to every act of worship that is connected to a specific time is that if it is delayed beyond that time with no excuse, it will not be accepted, because the Prophet (peace and blessings of Allah be upon him) said:

  “Whoever does an action that is not in accordance with this matter of ours will have it rejected.” [Narrated by Al-Bukhari, 2697; Muslim, 1718.]

 And this is a transgression of the sacred limits of Allah, and transgressing the sacred limits of Allah is zulm (wrongdoing), and the wrongdoer’s deeds are not accepted. Allah SWT says:

 “And whoever transgresses the limits ordained by Allah, then such are the Zalimun (wrongdoers)” [Al-Baqarah 2:229]

 If he did act of worship before the time for it prescribe, it would not be accepted from him, and by the same token if he does it after the time for it is over, it will not be accepted from him, unless he had an excuse.

 [Majmu’ Fatawa Al-Shaikh Ibn ‘Uthaimin, 19, question no. 45.] 

 2.2. Regarding the one who intentionally breaks the fast by having sexual intercourse with his wife during the daytime in Ramadhan, then he has committed a great sin and violated the sacredness of this month, and must make up the fast for that day. In addition, he is required to free a slave if it is possible to do so, if not, he has to fast two consecutive months and if he is unable to do so, then to he has feed sixty poor and needy people. The same is required of the wife as is required of her husband, if she freely consented to having sexual intercourse. However, if she was forced, then nothing is required of her according to the predominant opinion of the scholars.This is in pursuance of a hadith narrated by Abu Hurairah RA that a person came to see the Apostle of Allah SAW and said:

 “O Messenger of Allah, I am undone. The Holy Prophet SAW asked him: What has brought about your ruin? The man said: I have had intercourse with my wife during the month of Ramadan. Upon this the Prophet SAW said: Can you find a slave to set him free? He said: No. Then Prophet SAW said: Can you observe fast for two consecutive months? He said: No. The Prophet SAW then said: Can you provide food to sixty poor people? He said: No. He then sat down and (in the meanwhile) it was brought to the Apostle of Allah SAW a basket which contained dates. The Prophet SAW finally said: Give these (dates) in charity. The man said: Am I to give to one who is poorer than me? There is no family poorer than mine between the two lava plains of Madinah. The Apostle of Allah SAW broke into laughter that his molar teeth became visible and said: Go and give it to your family to eat.” [Muslim]

 If one intentionally breaks his fast by eating or drinking without a legitimate excuse, then again he has committed a great sin and violated the sacredness of this month. Such a person has a severe threat awaiting him. Prophet Muhammad said:

 “Whoever breaks fasting of Ramadhn without having a legitimate excuse or being ill, he cannot make up for that day, even if he undertakes a perpetual fast.” [Al-Bukhari]

 Imams Ahmad, Ash-Shafi’e, Sa’id Ibn Al-Musaiyib and Al-Shabby and others said that one should sincerely repent and seek the forgiveness of Almighty Allah and make up the day later [followed by observing the righteous deeds: charity,sadaqah jaariyah, observe naafil fasts and prayers, zikrullah etc]. 

 This is what some of scholars regarded as an expiation that is required for breaking the fast of Ramadhan without a valid reason. They say, one should fast for two months consecutively or feed sixty poor people as well as to make up the day later with any of both forms of expiation. The most right things to do is a total repentance and embarking on righteous deeds.

 2.3. Vomiting: if done deliberately, invalidates the fast, and necessitates making up for the fast. However, if vomit overcomes one and exits without one’s choosing, the fast is not nullified.

 Allah the Exalted knows best.

 [ViaIslamweb]

A Repented Person: Does He Has To Make Up Missed Prayers And Fasts?

I went astray from practicing Islam although I was born to Muslim parents. Now I am repented. What should I do with regard to the prayers and fasts that I missed? What should I do in order to correct the wrongs I did with the girl, whom is not married and  still not religiously committed?

 

Praise be to Allah.

 

Firstly, we praise Allah for having blessed you with guidance, and we invoke upon Him to increase you with knowledge and guidance on the stright path. We calle you to  thanks to Allah for bestowing you great blessing, as gratitude would further increases the blessing of  Allah and He  says:

 

“And (remember) when your Lord proclaimed: If you give thanks (by accepting Faith and worshipping none but Allah), I will give you more (of My Blessings); but if you are thankless (i.e. disbelievers), verily, My punishment is indeed severe” [Ibrahim, 14:7]

 

Secondly, with regard to making up missed acts of worship such as prayer and fasting, there are two opinions among the scholars. Some of them say that they must be made up, and this is the view of the majority. 

 

Some scholars say that the one who did not pray does not have to make up the prayers that he had missed, based on the view that he was a kafir (when he did not pray). Hence his repentance is his becoming Muslim, erases all the sins that came before it.

 

Some of the scholars do not think that the one who did not pray deliberately has to make it up, because the consequence is kafir, and the text only speaks about those who entitles the excuses are only those  who over slept and misses a prayer out of entire forgetness of it.

 

It is also clearly indicated in the sahih evidence  if one does not pray he is a kafir, whether he does not pray out of of laziness or denial the prayer is obligatory.

 

Obliging the repentant to make up the prayers he has missed makes repentance would be too difficult. A repentant is forgiven for the past misdeeds, the repentant should observe a lot of good deeds and remain constant, because Allah says:

 

“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)” [Ta-Ha, 20:82]

 

If someone repented and begun to follow the way of guidance, you do not have to make up the prayers and fasts that you deliberately did not do, because by not praying is in itself a major kufr and apostasy from Islam, even if the one who does not pray does not deny that it is obligatory. This is according to the more sound of the two scholarly opinions. If the apostate becomes Muslim again, he is not enjoined to make up the prayers and fasts that he missed during his apostasy, because the Prophet (peace and blessings of Allah be upon him) said: “Islam erases that which came before it, and repentance erases that which came before it.”  While  one has to pray regularly on time, and observe the Ramadhan fast, It is also prescribed for you to do a great deal of good deeds and naafil acts of worship such as prayer, fasting, upholding ties of kinship, giving charity and other good deeds, as much as you can, as  Allah says in the above ayat: Ta-Ha 20:82 

 

Thirdly,with regard to the girl, you should cut off all ties with her, so that the shaytaan will not find a way to tempt you to go back to a relationship with her. If you can find some righteous women who can call her to Islam, that is good.

 

We ask Allah to make us  steadfast in adhering to the truth and following the right path.

 

And Allah knows best.

 

©Islam Q&A

Categories Of Rulings On Fasting

What are the categories of rulings on fasting?  

 

In the name of Allah, Most Gracious, Most Merciful.   

 

The categories of rulings are five: obligatory (wajib), forbidden (muharram), encouraged (mustahabb), disliked (makruh) and permissible (mubaah). These five rulings have been narrated with regard to fasting.   

 

1. Obligatory Fasts  

 

1.1.  The Ramadhan fast.

 

1.2.  Making up missed Ramadhan fasts.

 

1.3.  Expiatory fasts (expiation for accidental killing, expiation for zihaar (a form of jahili divorce), expiation for having intercourse during the day in Ramadhan, and expiation for breaking an oath).

 

1.4.  Fasting for the pilgrim who does tamattu’ in Hajj if he does not have a sacrificial animal.

 

“and whosoever performs the ‘Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu‘ and Al-Qiran), he must slaughter a Hady such as he can afford, but if he cannot afford it, he should observe Sawm (fasts) three days during the Hajj and seven days after his return (to his home)” [Al-Baqarah 2:196 ].

 

1.5.  Fasting in fulfilment of a vow [Nazar].

 

2. Mustahabb (Encouraged) Fasts.

 

1. Fasting alternate days [The Fast of Prophet David a.s] – which is the best of fasting.

2. Fasting on Mondays and Thursdays each week.

3. Fasting three days of each month [Aiyaam Al-Beed].

4. Fasting six days of Shawwal.

5. Fasting the day of ‘Ashura.’

6. Fasting the day of ‘Arafah.

7. Fasting most of the month of Sya’ban.

8. Fasting the month of Muharram.  

 

[All of these are proven in hasan and sahih ahadith]

 

3. Makruh (Disliked) Fasts.

 

1. Singling out Friday for fasting – because the Prophet (peace and blessings of Allah be upon him) said: “Do not fast on a Friday unless you fast a day before or a day afterwards.” [Uninamously agreed upon by the Scholars].

 

2. Singling out Saturday for fasting – because the Messenger (peace and blessings of Allah be upon him) said: “Do not fast on Saturdays apart from days when you are obliged to fast, even if one of you cannot find anything other than grape stalks or the bark of a tree (to suck on, to make sure that he is not fasting).” [Narrated by Al-Tirmidzi, 744, who classified it as hasan. Also narrated by Abu Dawud, 2421; Ibn Majah, 1726; classified as sahih by Al-Albani in Irwa’ Al-Ghaleel, 960.]

 

At-Tirmidzi said: What is meant by its being makruh is that a man should not single out Saturday for fasting because the Jews venerate Saturday.  

 

4. Forbidden Fasts.

 

1. Fasting on Eid al-Fitr, Eid al-Adha and the days of Tashreeq, which are the three days after Eid al-Adha.

 

2. Fasting on the “day of doubt” – which is the thirtieth of Sha’ban, if the sky was cloudy and the new moon could not be sighted. But if the sky was clear there can be no doubt.

 

3. Fasts observed by women who are menstruating and bleeding following childbirth.

 

5. Permissible fasts .

 

1. These are fasts that do not come under any of the four headings mentioned above.

 

What is meant by permissible here is that there is no report enjoining or forbidding fasting on this day in particular, such as Tuesdays and Wednesdays, even though in principle, observing a voluntary fast is an act of worship that is encouraged.

 

[See Al-Mawsu’ah Al-Fiqhiyyah, 28/10-19; Al-Sharh Al-Mumti’, 6/457-483]

 

And Allah knows best.

 

 ©Islam Q&A

Observing Voluntary Fasts: When Still Owes Some Days From Ramadan?

Observing Voluntary Fasts: When Still Owes Some Days From Ramadan?

I did not fast some days in Ramadhan because of the period, and  have not made up the days I owe yet. Can I fast the first ten days of Zulhijjjah?.

All the Praise be to Allah.

The issue is known to the scholars as the issue of observing naafil fasts before making up missed Ramadan fasts. There is a difference of scholarly opinion concerning this issue. Some scholars views it is haram to observe naafil fasts before making up days that one owes, because it is a priority to observe  an obligatory action than a naafil one.

There are some of the scholars say that it is permissible, only in the case other than the the fast of six days of Syawwal.

Shaikh Muhammad Ibn Salih Al-‘Uthaymin (may Allah have mercy on him was asked about combining making up a missed obligation and doing something that is mustahabb naafil fast as follows: Is it permissible for a person to do the mustahabb naafil  and make up the obligatory action later on, or should he do the obligatory action first, such as fasting the day ‘Ashura’ which coincides with making up a missed Ramadhan fast?

With regard to obligatory and voluntary fasts, what is prescribed in shari’ah and it is to institute a priority with the obligatory fasts and then doing the naafil ones, because themissed  obligatory fast is a debt which must be paid, whereas the naafil fast is voluntary and is to be done if one can deal with it, otherwise therewould be no sin on one who owes it.

Based on this, we say to the one who owes a missed Ramadhan fast: make up what you owe before you observe a voluntary fast. If he observes a voluntary fast before making up what he owes then the correct view is that his voluntary fast is valid so long as there is still enough time to make up the missed fasts, because a person may make up missed Ramadhan fasts so long as there is still enough time for him to do so before the next Ramadhan comes. So long as there is still plenty of time, it is permissible for him to observe voluntary fasts.

This is similar to the case of obligatory prayers, such as if a person offers a naafil prayer before an obligatory prayer when there is still plenty of time, this is permissible.

Whoever fasts on The Day of ‘Arafah or ‘Ashura’, and still owes some days from Ramadhan, his fast is valid. But if he has the intention of fasting this day to make up for a missed Ramadhan fast, he will have two rewards – one for the day of ‘Arafah or ‘Ashura’ and another for making up the missed fast. This applies to all voluntary fasts that are not connected to Ramadhan.

With regard to fasting The Six Days Of Shawwal, these are inter connected to Ramadhan and can only be done after making up missed Ramadan fasts. If a person fasts these days before making up his missed Ramadhan fasts, he will not get the reward for them, because the Prophet (peace and blessings of Allah be upon him) said: “Whoever fasts Ramadhan then follows it with six days of Shawwal, it will be as if he fasted for a lifetime.”[ Al-Bukhari]  It is known that the one who still has some days to make up is not regarded as having fasted Ramadan until he makes up those days. Some people think that if they fear Shawwal is going to end soon and they fast the six days even though they still owe some days from Ramadhan, considering that this is acceptable in syari’ah. This is definitely a mistake, because these six days cannot be fasted until a person has made up the days that he owes from Ramadhan.

[Majmu’ Fatawa Ibn ‘Uthaimin, 20/438].

Based on this, it is permissible for you to fast the first ten days of Zulhijjah as a naafil fast, but it is better to fast them with the intention of making up what you owe of Ramadhan, perhaps you will have two rewards from Allah the Exalted,insha Allah.

And Allah knows best.

[Exerpted from Islam Q&A]