“And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other (by marriage) if they think that they can keep [within] the limits of Allah. These are the limits of Allah, which He makes clear to a people who know.”  [Surah Baqarah 2:230]

Summary Tafseer of these verses

There are several verses available in relation to Nikah and Talaq. However, it is stated in detail in these few verses in relation to the Talaq. Talaq should not be given more than twice; otherwise, one Talaq is enough to end the marriage. Shari’ah does not require anyone to provide three Talaqs at all. There are two rights for a husband after granting one or two Talaq Raj’ie (revocable) where there is no Bai’n (which curtail instantly) on it. One is to revoke her (with the prescribed method) within the Iddah period (three menstrual cycles). Two, wait till the Iddah time is passed and then release her with appropriate treatment. The wife can remarry whoever she wants, or if both couple agrees, she can remarry her ex-husband with a new Nikah and newly assigned Mahr (dower).

It is important to note that while giving Talaq, you can’t take back what you’ve given as a gift, whether it’s in the form of Mahr or not. However, it is feasible in one circumstance: if the relationship between the couple deteriorates to the point that both believe that they will be unable to uphold the principles of marriage, then exchanging any monetary worth will not result in any sins. A wife can pay a ransom to get out of the marriage, but it must be done with mutual consent, which is known as Khula (see our Khula section for more info). This ransom must not be greater than the Mahr offered by the husband. These are Allah’s swt’s limits. Do not cross these limits; those who do so will only bring harm to themselves.

If a husband gives a third Talaq after a second Talaq, she can marry anybody other than her ex-husband when the iddah time expires. However, if she chooses to reconcile with her ex-husband, she will be unable to do so till she has had the full pleasure of sexual intercourse with the second husband. And this must be on top of her second husband giving her Talaq for a justifiable reason (this will be discussed at the end), or the second husband dies and the iddah time-lapse again, in which case the ex-husband will be allowed to remarry her. They will not be regarded as sinful if they are determined not to violate Allah’s limit of transgression. These verses and signs are revealed by Allah for the intellectuals.

As mentioned above, there are several verses present concerning Islamic Nikah and Talaq. To fully comprehend the Islamic divorce system, one must first comprehend the significance of the Nikah in Islam.

Nikah and Talaq in Islam

One of the aspects of Nikah is that it is a contract that must be carried out with the permission of the couple. This is quite similar to a contract where there is an offer and acceptance in a transaction. Second, this is an “عِبَادَةٌ- ibadah” (worship) based on the Sunnah. The Ummah, on the other hand, is unanimous in its belief that marriage is more than a transaction; it is a Holy relationship. Because it is a Sunnah ibadah, there are more requirements than in a conventional transaction.

Firstly, it is forbidden in Islam for any man to marry any woman. There are conditions for this, and getting married to a woman or vice versa is prohibited based on these conditions.

Secondly, apart from the Nikah, no other transactions or conducts require the presence of a witness. Only when a dispute arises would a witness be required. On the other hand, witnesses are pre-conditioned to marry. Even if two male witnesses or one male and two female witnesses are present, and both sides’ guardians have no objections, the marriage will not be recognized until the couple proposes Ijab and Qabul (offer and acceptance) in front of the witnesses. The basic Sunnah is to arrange a marriage with an open invitation. There are also other norms and regulations that apply after the marriage.

According to Imam Abu Hanifa r.a. and other Imams, they consider that marriage is more about ibadah and Sunnah than it is about a transaction. They’ve presented plenty of Qur’anic and Sunnah-based evidence.

Now that we have a fundamental understanding of marriage, let us move on to learning more about the Talaq (Divorce).

ONE/TWO TALAQ

The literal meaning of Talaq is to terminate or dissolve the marriage contract. According to Shari’ah, by giving Nikah the status of an act of “عِبَادَةٌ Ibadah”, it has kept it at a level higher than common transactions and contracts and has imposed on it several restrictions. Very similarly, the termination of this deal has not been left free, as in common transactions, where the parties may terminate the deal as and when they elect to do so, and go on to make a fresh deal with someone else. It has rather made a pointedly wise legal framework, which has been described in the verses under reference.

Because Islam teaches that marriage is a lifelong commitment, dissolving a marriage necessitates more stringent regulations to ensure that it is not simply broken (except where necessary). The impact of dissolving a marriage is felt not only by the couple but also by their children and relatives. Due to the couple’s marriage breakup, conflicts can occur between both family members, resulting in severe consequences. The Qur’an and Sunnah have provided solutions to those factors that contribute to marriage dissolution. In the Qur’an and Sunnah, there are various admonitions about strengthening the bond between husband and wife. It can be viewed as a mechanism for keeping track of a relationship and filling any gaps that may exist.

The first step to take: When a couple is afraid of being deserted, the Qur’an encourages them to take a few steps forward. First and foremost, admonish them. If this doesn’t work, set up a separate living space (not sharing same bed). Even if it doesn’t work out, tough counseling may be used to mitigate the situation. If none of these methods work, one may select a panel of arbitrators made up of members of their immediate families to help reconcile the disagreements and resolve the issue at hand.

The emphasis on making the first few steps has been laid down by Allah swt, in the following verses which Allah said:

“But those [wives] from whom you fear arrogance, [first] advise them; [then if they persist], forsake them in bed; and [finally] strike them [without violence]. But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand.” [Surah an-Nisa, verse: 34]

“And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them. Indeed Allah is ever Knowing and acquainted” [with all things]. [Surah an-Nisa, verse:35] 

The need of appointing an arbitrator between both families [among the family members] is stressed in the preceding verses. This is because when this issue is brought to the attention of outsiders rather than family members, the situation can deteriorate, as both parties may feel ashamed and hence distance themselves from one another. However, arbitrators from outside of the family members can also be appointed if they cannot be handled by both immediate family members. Moreover, occasionally the situation worsens, and despite the best efforts of family members, and arbitrators, it fails, and it becomes impossible to maintain the relationship as husband and wife.

When the relationship reaches that point, it is better to terminate the marriage for the sake of both parties’ tranquillity and security and most importantly for the better future. To free both parties from this oppressive condition, Islam pays special attention to the psychological and social well-being of the couple and allows the marriage to be annulled. In contrast to other religions, Islam does not terminate a marriage for eternity. Rather it emphasized on few steps to take before terminating for eternity if there is a need.

In Islam, a man has the unilateral authority to divorce his wife verbally or in writing. The right of divorce was given to a man alone in whom the ingredients of thought, end-perception, and forbearance were more pronounced than in a woman. This free choice was not given in the hands of a woman so that the disposition of being overtaken by transitory emotions, which is more pronounced in women as compared to men, may not become the cause of divorce.

Since women have less tolerance (especially when it comes to matrimonial matters), otherwise they would use it as ammo in situations when it is not necessary. This is not to suggest that Islam has stripped women of their rights when it comes to “Islamic Divorce.” When she is faced with adversity, a brutal relationship, or even domestic violence, she has the right to seek Islamic Khula (mutual consent to end the marriage) or Faskh (institutional dissolution) if she can justify her reasons for requesting the divorce.

Although the right to divorce is universally granted to the husband and is halal, this act is most detested in the eyes of Allah swt. It appears in Hadith: Narrated by Abdullah Ibn Umar r.a: “The Prophet s.a.w said: Of all lawful acts the most detestable to Allah is divorce”. [Sunan Abi Dawud-2178]

Islam has established the following conditions to avoid divorce during particular times

The second restriction: is that this option should not be used in times of strong rage or brief dissatisfaction. It is recommended not to give Talaq while one is angry. The Talaq will be effective even if it is delivered although it should be avoided.

It is also forbidden to give three Talaq in one breath or one go. When there is a discrepancy, one should not abuse the authority of issuing the Talaq. Most importantly, divorce should not be given during menstruation. In addition, divorce should not be granted

during a ‘طُهْرٌTuhr’ (state of purity) in which the husband had sexual relations with his wife.

In the above last two situations, the iddah period may be lengthened and this is prohibited since it may cause her discomfort, which Allah forbids. Allah proclaims:

“O Prophet s.a.w! when you divorce women, divorce them for their prescribed time,”  [Talaq, Verse:1]

If one desires to divorce, do so while bearing in mind that the iddah will not be extended. If a divorce is granted while a woman is menstruating, the iddah period will not be counted until she has completed her menstruation and will then be counted after she has her menstruation. On the other hand, if she is divorced at the start of her ‘طُهْرٌTuhr’ non-menstruating period and has had intercourse, there is a chance she will become pregnant, and if she does, the iddah will terminate once the child is born. As a result, the iddah may be prolonged as stated above.

Another rationale for giving divorce during ‘طُهْرٌ’ (state of purity) is that his or her wrath will have diminished by this time, and they will be able to forgive each other. As a result, they may withdraw from thoughts to divorce each other.

According to the third stipulation: dissolving a marital relationship is not the same as severing a common sale contract. When a marriage contract is broken, it is not entirely broken like a sale deal. There are three levels of divorce completion, as well as the additional need of passing the iddah. And the relationship remains intact during this iddah; for example, a wife cannot marry another man while in iddah, but a man can marry another woman. He is, however, prohibited from marrying his wife’s full sister or any mahram relative.

The fourth restriction stipulates: that if the Talaq is given in a clear word one or two Talaq (in number) and does not include the term Bai’n (instant curtailment), the divorce will not take effect immediately after the Talaq is issued, and the relationship between the two will remain intact until the iddah is completed. If the divorce is revoked, the relationship will resume as it was.

However, this revocation is limited to one or two Talaqs, so that an abusive spouse does not take advantage of the procedure by divorcing her multiple times while keeping her in his relationship. That is why Allah has devised a plan in which anyone who provides the third Talaq will be bound for eternity. Even if both partners agree to undertake a new Nikah, it will not be valid unless she marries another husband. 

It’s also worth noting that if one or both Talaqs include the word Bai’n or similar equivalents, the divorce will be terminated immediately, and the couple will have to start again with a new Mahr and Nikah in front of two (male) witnesses, as described above.

As we’ve already reviewed the verse of Talaq in question in terms of the important laws and regulations; now we’ll look at the words/sentences in this verse.

Firstly, “اَلطَّلَاقُ مَرَّتَان” Talaq be (pronounced) twice. As a result, there is a stipulation in these two Talaqs that the marital relationship does not end immediately; rather, he has the opportunity to revoke within the term of iddah and cohabit with her as stated above.

Secondly, if he does not revoke within the period of iddah, the marriage will be automatically dissolved. Allah says in this regard: “then keep (them) in good fellowship or let (them) go with kindness”. [2:229]

It means (then either to retain them in good fellowship or to release them in fairness) that is, either, one must revoke the Talaq and retain his wife in his marriage, or allow her iddah or to be completed nicely and generously so that she can become free.

In addition, before we discuss the third Talaq, it is important to note that (in the case of one/two Talaq) when a husband is abusive or aggressive and refuses to keep her, give her Talaq, or fulfil her requirements, and she becomes frustrated in this situation, the husband seeks to blackmail her emotionally, physically, or even financially, for example, on unpaid Mahr, he would demand that she pay him. As a result, Allah declared this type of approach to be Haram. “And it is not lawful for you to take any part of what you have given them”. [2:229]

However, one exception was made, allowing forgiveness or the return of Mahr (dower). When a woman feels she can’t do justice to her husband’s rights due to temperamental differences, and the man feels the same way, it’s acceptable to give or take a divorce instead of the Mahr money. “Unless both fear that they cannot keep within the limits of Allah” [2:229]

THIRD TALAQ

After dealing with the above problem, the third Talaq was mentioned in this manner: “So if he divorces her she shall not be lawful to him afterward until she marries another husband”. [2:230]

If the husband then goes on to pronounce the third Talaq (which Shari’ah does not approve of), the Nikah will be nullified completely. He has explored all options for reversing his divorce and reuniting with his wife. And because he went above the rules of Shari’ah by providing the third Talaq needlessly, he must now face his punishment, which is that they will not be able to remarry even if both of them agree. ​Now, the condition of such Nikah is that the woman (after completing her term of iddah following Talaq) enter into marriage with another man, fulfil matrimonial obligations, and live with this other husband for them to remarry. After that, if her second husband divorces her (or dies), she can remarry her first spouse after completing her iddah again. ​The last sentence of the verse says: “Should he too divorce her, then there is no sin on them in their returning to each other”. [2:230]

As above, it will be assumed that he has supplied the final and decisive Talaq deliberately. Furthermore, because the wife abandoned her close ties and relatives only for the sake of this marriage and agreed to reside with him for the rest of her life, yet he did not consider her love and affection, Allah swt made the wife haram upon him to punish in this manner. As a result, he will be barred from having any form of contact with her. The status of the pious wife has been stated in the following hadith “The whole world is a provision, and the best object of benefit of the world is the pious woman”. [(1) Sahih Muslim-1467, (2) Sahih Ibn Hibban-4031]

Also,  Allah says: “If you are grateful, I would certainly give you more and if you are ungrateful, My chastisement is truly severe”. [Surah Ibrahim:7]

Three Talaq and its injunctions

A comprehensive examination of the Noble Qur’an’s style reveals that the Shari’ah’s correct technique of pronouncing Talaq is to limit oneself to two Talaqs at most, and it is not appropriate to go beyond that. The third Talaq is found in the phrase “فَاِنْ طَلَّقَهَا” (then, if he divorces her) after the usage of the word “اَلطَّلَاقُ مَرَّتَان” in verse 229, the third Talaq is identified in the word “فَاِنْ طَلَّقَهَا” (Then, if he divorces her) wherein the letter ‘اِنْ’ (if) is noteworthy.

The indirect reference in question is seen here. The third Talaq could also be expressed (by Allah) simply by saying “اَلطَّلَاقُ ثُلَاثُ” ‘There are three divorces’. This phrase is a clear indication that one should not get to the third Talaq level. This is why Imam Malik r.a. and a several other jurists refused to allow the third Talaq. They name it Talaq al-bid’ah (the Talaq of Innovation). Other jurists have declared that three Talaqs are lawful only if they are pronounced individually in three Tuhrs (the state of post-menstrual purity). ​

This has also been referred to as Talaq al-Sunnah in the terminology adopted by these jurists. However, by using this word, none of them are implying that delivering three Talaq in this manner is good or Sunnah. For the mere reason that this form does not equate to bid’ah, it was given the term Talaq al-Sunnah rather than Talaq al-bid’ah.

The gist of what has been proven regarding the Talaq count, based on the guidance of the Qur’an and Sunnah, as well as the practice of the Companions of the Holy Prophet s.a.w. and their followers, is that when there is no other option but Talaq, the best method of pronouncing Talaq is to pronounce one Talaq while in a state of Tuhr (purity) in which sexual intercourse has not occurred. Then leave this particular Talaq untouched. When the iddah is completed, the Nikah relationship will be annulled as well. It has been termed al-Talaq a-hasan by Muslim jurists, and it has been declared the best method of Talaq by the respected Companions of the Holy Prophet s.a.w. ​

Ibn Abi Shaybah has reported from Sayyidina Ibrahim al-Nakha’i (r.a), the noble sahabah (Radiallahu Anhum) preferred the method in which nothing is done after one Talaq is given and the iddah of Talaq (three menstruation periods) is set to expire so that the woman becomes free. [Musannaf Ibn Abi Shaybah, vol-4, Kitab al-Talaq, Hadith-5]

The permission to say up to two Talaqs can also be extrapolated from the noble Qur’an’s words, however, the usage of the term’, (twice) has been pointed out that two Talaqs should not be pronounced in one utterance and at one moment, but should be given separately in two tuhrs (states of purity). The word ‘مَرَّتَان’ (two Talaqs are permitted) might have also been used to prove the permission of two Talaqs, but the word ‘مَرَّتَان’ suggests that the two Talaqs should be given separately, in two distinct tuhrs (states of purity). [Tafseer Ruhul Ma’ani, vol-1, p-723]

The accompanying translation uses the adverb ‘twice’ to stand for the Qur’anic word ‘مَرَّتَان’, to cover this element of sequence and deferment, because lexically, ‘twice’ indicates — on two occasions or two times. In summary, the limit of two Talaq is established by the Qur’an’s teachings. As a result of the agreement of Imams and fuqaha’ (Muslim jurists), this Talaq is included in Sunnah, i.e. it is not a bid’ah (innovation). The fact that the third Talaq is undesirable is plainly stated in the Qur’anic text. Nobody has questioned the fact that this is undesirable.

A hadith of the Holy Prophet s.a.w. proves how detested and repulsive the third Talaq is.

Imam an-Nasa’i relates on the authority of Mahmud Ibn Labid that: “The noble Prophet s.a.w. was told about a man who had divorced his wife by pronouncing three Talaqs simultaneously. He rose in anger, then said: ‘What is this game being played with Allah’s Book while I am present amongst you?’ In the meantime, a man stood up and said: Ya Rasulallah! should I not kill him?“ [Sunan An-Nasai: 3401]  

Hafiz Ibn al-Qayyim r.a has ruled that the isnad of this hadith is sahih according to the conditions prescribed by Muslim. ‘Allamah al-Mardini, in his al-Jauhar al-Naqi, calls the sanad (chain) of this hadith sahih, Ibn Kather terms the isnad (chain) as excellent and Ibn Hajar and Al-Qustulani finds this ‘narrated  by the reliable.

[(1) Zada al-Ma’ad, vol-5, p-220, (2) (Al-Iraqi) Al-Taqyidu wal Idah, p-328, (3) Fath al Bari, vol-9, p-414, (4) Irshad al-Sari, vol-8, p-134]

To summarise, the three levels of Talaq established by Shari’ah in the form of three Talaqs do not imply that passing these three stages is obligatory or preferable. Instead, the Shari’ah intends for the first step toward divorce to be a detestable and reprehensible act.

If such a step has to be taken under dire compulsion, the simplest possible stage, namely one (pronouncement of) Talaq, should be considered adequate to allow iddah to take its course.

Once the iddah is completed, this single Talaq will be sufficient to end the husband-wife relationship, allowing the wife to marry someone else. This Talaq method is known as ahsan, which means “excellent”. There is wisdom in this manner, as well as an element of advantage because the parties involved will still have the possibility of reconciliation if only one Talaq has been given in explicit words to that effect. The Nikah will undoubtedly be broken and the woman released when the iddah has ended, but there will still be room for reconciliation between them, and if they reconcile and choose to remarry, a new Nikah could be solemnized immediately.

However, if a person does not follow this manner of ahsan Talaq and instead pronounces another Talaq in the explicit language during the period of iddah, he then completes two unnecessary phases of the severance of Nikah.

For one who has gone through these two stages of Talaqs, the instruction given later is: “then either to retain in the recognized manner or release in fairness”. [2:229]

Here two injunctions have been communicated through the words:

Firstly, revocation during iddah does not necessitate a new Nikah; instead, simply ‘اِمْسَاكٌ’, or keeping one’s wife by cancelling the Talaq, is required. The marriage relationship will be re-established based on the previous Nikah if this is done.

Secondly, the husband was instructed to take steps to effect his raj’ah (revocation) only if he intends to remedy the issue and looks forward to living in peace and harmony; if he does not, he should pass this choice and the marriage relationship will cease when the iddah is completed. The concern here is that raj’ah may not be done just to harass the woman without any intention of correcting the situation.  

It was said, “اَوْ تَسْرِيحٌ بِاِحْسَانٍ” to complement this. This demonstrated that no extra Talaq, or for that matter, any other step, is required to end a relationship. The fact that the iddah has not been revoked is sufficient to dissolve the marriage partnership. That the iddah expires without revocation is, in itself, sufficient to end the marriage relationship.

Abu Dawud r.a reports on the authority of Abu Razin al-Asadi that, following the revelation of this verse, a man asked the Holy Prophet s.a.w Allah Almighty has said: “اَلطَّلَاقُ مَرَّتَان” (Divorce is twice). why the third Talaq was not mentioned here?

He said: ‘The expression “اَوْ تَسْرِيحٌ بِاِحْسَانٍ” (To release in fairness) which follows immediately is the third Talaq.’

[(1) Abu Dawud-Al-Marasil, p-302, (2) Musannaf Ibn Abi Shaiba-19561, (3) Tafseer Ruhul Ma’ani, vol-1, p-722]

It signifies that, according to the consensus of ‘ulama’, the act of absolute severance of marriage relationship that would result from the third Talaq would be resolved by this manner of action, namely, not revoking the divorce during the period of iddah. Now, just as the wife, if retained after the revocation of talaq pronouncement (raj’ah), should be retained in dignity and grace, the restrictive condition of ‘بِمَعْرُوْفٍ’ (in recognized manner) was placed alongside ‘اِمْسَاكٌ’ (retaining).

Similarly, by including the restrictive condition of ‘بِاِحْسَانٍ‘ (in fairness) alongside ‘تَسْرِيح‘ (release), the instruction was given that the Talaq is the dissolution of the transaction, and gentlemen go through their transactions and contracts in good taste and manners, and if the dissolution of the contract is necessary, it should be done with charity, kindness, and grace, for instance, allow the divorced wife to go with some gifts, such as clothing and the like, while saying her goodbye. In the Qur’an, it is stated: “So, give them benefit – the rich man according to his means and the poor one according to his means”. [Surah Baqarah, 2:236]

And, if he chooses not to do so, instead of going one step further and declaring the third Talaq, he has now hit a dead end, having unjustly and unnecessarily eliminated all of his options while rejecting the Shari’ah’s favors. The punishment he now deserves is that raj’ah (revocation) will be impossible, and the couple will not be reunited in the marriage unless the wife marries someone else. For example; killing unjustly is a crime and a sin. After all, a person who is shot with a bullet or stabbed with a knife is dead. His death occurs regardless of whether the gunshot was fired legally or illegally.

The Curse on the participants of Tahlil/Halalah

The reason for the woman (who was divorced thrice) to marry another man must be that the man desires her and has the intention of having an extended married life with her.

These are the legal goals and aims behind marriage. If the reason behind the second marriage was to make the woman eligible for her ex-husband again, then this is the Tahlil (conditional temporary marriage) that the Hadith have cursed and criticized.

Imam Ahmed r.a reported that Abdullah bin Mas’ud r.a said, “Allah’s messenger s.a.w cursed the one who does Tahlil, the one in whose favor it is done.“

This hadith is authenticated by Imam Tirmidhi and Nasa’i which Imam Tirmidhi said “This hadith is Hasan.” [(1) Ahmed, vol-1, p-450, (2) Musannaf Ibn Abi Shaiba, vol-4, p-296]

In his Mustadrak, Al-Hakim reported that Nafi said: “A man came to Ibn Umar r.a and asked him about a man who divorced his wife three times. Then, his brother married her to make Tahlil for his brother, without the brother knowing this fact. He then asked, “Is she allowed for the first (husband)?” He said, “No, unless it is a marriage that involves desire(sexual intercourse). We used to consider this an act of adultery during the time of Allah’s Messenger.” [Mustadrak Al-Hakim, vol-2, p-199]

The above mentioned practice is completely forbidden in Islam. Therefore, it is advisable that not to delve in to this kind of practice otherwise the wrath and the curse of Allah swt and his messenger s.a.w is eminent. May Allah swt give us the true understanding of Islam and practice upon it. Ameen.

Please read the PDF Article below to understand the system of “Islamic Divorce procedure in the light of the Qur’an and Sunnah“ (8 pages)

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UK Moon Sighting Review

Respected Ulama of Darul Iftaa,

Assalamu Alaykum wa-Rahmatullahi wa-Barakatuh.

Please see the attached Introduction to ICOUK organisation from the UK with 4-years moon sighting data.

We are appealing to the Darul Ifta London for guidance on the issue of Moon Sighting in the UK. In the past, we have been following distant countries such as Morocco or Saudi Arabia or even South Africa (8,000 miles away) on the basis that the Crescent Moon (Hilal) was not possible to be sighted in the UK (due to bad weather).

However, this is not the case any longer, Alhamdulillah. From our actual moon sighting experience over many (10+) years, we strongly believe that it will not be difficult to see the Hilal in the UK any longer and request your advice if we should start to follow the original position of Local Moon Sighting (for a united Ramadan/Eids), InshaAllah?

The purpose of seeking you above advice is that the UK local moon sightings will not reap the benefit of united Ramadan/Eids for us if different Muslim groups from the UK chose to follow different countries, since those countries will have different 29th dates, which will continue to lead to divisions that we are trying to avoid.

For example, on 5 November 2021 (29 Rabi-ul Awwal 1443) the Hilal was not sighted in the UK or Morocco but it was sighted in South Africa (in the opposite Hemisphere), so those who follow Morocco and South Africa will look for next Hilal of Rabi-ul Thani 1442 on different 29th dates. If this was the end of Ramadan, then one group will be fasting while other group will be feasting, which we are trying to avoid with your help and guidance.

Therefore, please advise if it is permissible for us to follow far distant countries (eg. Saudi Arabia or South Africa or even Morocco) if the moon can be easily sighted in the UK according to the rules of Shariah? JazakAllahu Khaira!

 بسم الله الرحمان الرحيم

وعليكم السلام ورحمة الله وبركاته

We are great full that ICOUK has sought advice and guidance on the issue of Moon Sighting in the UK and the permissibility regarding following far distant countries. We give you the following guidance and advice according to your statement which is attached on the above page with this guidance:

Principle one: As far as the Sunnah of sighting the moon is concerned, in accordance to the facts in the Qur’an[1] and Ahadeeth,[2] the commencement of fasting and two Eid should be performed by (Mushahadah) actual visibility of the crescent moon with the naked eye.[3] The sighting of the moon in the region should be firmly established (having fulfilled all the Shar’ie conditions) as being sighted.[4] The crescent (due to its size at the end of the 29th day) may be visible or vice-versa depending on the Moon’s ‘phases’, thus, the pronouncement of ‘sighted or not sighted’ has to be declared. Therefore, the main principle is the actual visibility with the naked eye even though some optical aid (binoculars or telescopes) or CCD imaging cameras can be used as an aid. 

Conditions

(a) Witness

Must be: Muslim, sane, adult, not blind, (most importantly just & honest), “I testify” word must be used in the testimony and must be an eye witness).

(b) Witness over the witness(es)

(c) The actual witness must be present in that event of observation and not testify on hearsay. 

(d) Witness over the ‘Decree from the Islamic Court’

(e) In absence of Islamic Court by a Mufti Board/Islamic Scholars

(f) Observation of the moon is widely confirmed and accepted by the majority 

As for the timetable of Salah, though we follow (الحساب الغربي) Gregorian Calendar (astronomically some data are definitive and conclusive) however, the fact of this astronomical timetables are confirmed through Mushahadah (observation) for example, the beginning and the end of Salah are explained in the ahadeeth of (Mawaqit as Salah) in detail, (please study them for more explanation).[5] Thus the fundamental principle is based on the observation through the naked eye due to the orbit of the sun. However, determining the visibility of the hilal is not definitive and conclusive as opposed to the sun.

Principle two: If there is a contradiction between observation with the naked eye and astronomical calculation (based on the ‘phases’ which takes 29.5 days to cycle by the moon in the sky again) then in this circumstance the observation with the naked eye would take precedence.  

(a) Especially when it is declared that it is impossible to view the crescent even with optical aids, and or in this instance one or two individuals claim that they have observed it then, it would not be accepted unless it is observed and confirmed by (“Jamm-e-Gafeer” a large number of people) which then their observation will be taken into consideration.

(b) For example, when the horizon is clear, then observation of a large group will be taken into consideration than an individual’s observation.

(c) In contrast, when the weather is cloudy then if two reliable and just people in conjunction with a testimony confirms that they have observed it then, Ramadan can be started upon their declaration.[6]

(d) However, to end the Ramadan for Eid al Fitr, whether the weather is cloudy or clear in both situations it needs to be observed and confirmed by a large group. This is the view of Hanafi Fuqahaa (jurists).[7]

(e) In addition, if the declaration is made based on an astronomical calculation and at the same time it wasn’t possible to observe the moon with the naked eye, then the astronomical calculation will not be accepted and should not be used as a tool to commence and end the Ramadan.  

(f) Instead, we should approach the nearest country for any confirmation of observation, and verify it that was observed following the Sunnah. If this is established then in this instance we can follow the distant country whether it is Morocco, South Africa, or Saudi Arabia.[8] This view is based on the majority of contemporary scholars’ opinion in the absence of any confirmation of visibility of the moon on the 29th day. 

(1) With regards to following the above countries, the Ulama gives more preference in following Saudi Arabia due to its more accuracy and reliability.

(2) Nevertheless, as Morocco is our nearest country it can be followed in the above situation if it is unanimously agreed to follow based on the principle of unity and uniformity.

(3) As for following South Africa, again it will depend on the unanimous agreement between Ulama in this situation.    

(g) However, if it appears that by following the nearest country it would create divergence by two days difference, which either 1 day less or 1 day more i.e either it would be 28 days or 31 days here in the UK[9] (as Arabic months are either 29 or 30 days) by following either of these countries, then it is unacceptable to follow in this instance, rather we should stick to the local observation if it’s possible or follow the method mentioned below at principle 3 to avoid any discrepancies.           

Principle three: If the above-mentioned methods are not possible, then we should follow the rule of Hadeeth, which is “if it is obscured (observing Hilal) from you (too cloudy), then complete thirty days.[10] This principle is safest to follow in a situation where there is a chance of being perplexed with information and the non-visibility of the moon in any region. 

(a) According to your organization’s claim that you “strongly believe that it will not be difficult to see the Hilal in the UK any longer” raises a question that how is this possible to view approx 99%, with the naked eye whilst adverse weather conditions persist throughout the year (as it’s an Island between oceans) here in the UK? Based on the few years of statistical data that you have provided, if this is accurate and you maintain the principles of the Shariah (conditions mentioned above), which also matches the Fiqh rules of Difference of sightings (اختلاف المطالع) and nearest Latitude for observing the Hilal then, it will be strongly advised to accept your organization’s claim of sighting the moon as a cause of unity and major benefit of this Ummah.[11]

(b) We remark that as an organization like yours and others are generally formed to help formalize a united date for Ramadan and two Eid thus, participating in such an organization will enhance and expand the unity and uniformity of the Muslim Ummah, then it is strongly advisable to join or follow such alliances.[12]

(c) Keeping in mind the unity and uniformity of the Muslim Ummah, if a large group unanimously agrees that the Hilal has been sighted with the naked eye in accordance to the Shariah and as this agreement is based on Ijtihad then it is recommended to follow this unanimous agreement as opposed to following any distant country.

(d) This view has been supported by the latest (mutaakh-khirin) ahnaf like Imam Zaylai r.a[13] and including other Imams such as Imam Ash-Shafi’e (r.a), Imam Malik (r.a), Ibn Taimiyyah  (r.a) who have stated that “it is obligatory that every land judge according to its sighting and the lands that are in the same sighting zone of the new moon must follow it”. This is also the view of renowned Saudi scholar Shaykh Ibn Uthaymeen r.a.[14]

(e) However, if the above-mentioned point d is not possible due to it not being according to the Shariah, hence we can follow the direction as mentioned at point 2 (f), and eventually, if that is either not possible then we need to follow the instruction as mentioned at principle 3 above.         

According to the principles that we have explained above, our last submission to all of those who are seeking guidance and advice from our institution Darul Ifta London is that we strongly believe in unity and uniformity, therefore, as far as its possible and practicable we should enhance our cooperation with these kind of efforts and hard-working organizations. Bearing in mind that the concept of unity does not mean that the entire Muslim Ummah must perform their act of worship at the same time throughout the world, which is physically impossible. It simply means that all Muslims should treat each other with brotherly sympathy and affection and not create any divisions amongst themselves. Nor go against the teachings of the Qur’an and Sunnah. We pray that Allah creates unity amongst us in particular for sighting the moon, Ameen. 

والله اعلم بالصواب

[1] Surah al-Baqarah 2:185

[2] [1] Bukhari-1906 [2] Muslim-1081 [3] Tirmizi-684 [4] Badaius sanai’e vol-2, p-594

[3] [1]  Tirmizi-688 [2] Abu Dawud-2327 [3] Ibn Hibban-3594

[4] [1] Tirmizi-693 [2] Abu Dawud-2332

[5] [1] Muslim-614 [2] Nasai-523 [3] Abu Dawud-395

[6] [1] Sunan Abi Dawud-2342 [2] Ibn Hibban-3447 [3] Al-Mustadrak-1541

[7] [1] Radd al Muhtar vol-3, p-364 [2] Badaius sanai’e vol-2, p-594

[8] Fathul Mulhim, vol-3, p-113

[9] Ibid

[10] [1] Bukhari-1906/7 [2] Muslim-1080 [3] Tirmizi-688 [4] Sunan An Nasai-2121 [5] Abu Dawud-2320 [6] Ibn Majah-1655

[11] [1] Tirmizi-697 [2] Ibn Majah-1660

[12] Majmoo’ al-Fatawa, 19

[13] Including [1] Imam Shah Anwar Kashmiri r.a [2] Allama Shabbir Ahmed Uthmani and [3] Mufti Taqi Uthmani d.b

[14] [1] Surah al-Baqarah 2:185 [2] Bukhari-1906 [3] Al-Aqalliyaat al_Muslimah, p-84

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I have had anxiety and depression for many years, it has only got worse since I’ve got married in February, I’ve also started to have more:
(a) Bad dreams (b) anger uncontrollable (c) suicidal (d) scratches on body (sometimes) (e) hating my marriage with the man I have had love marriage with (suppose to be happy), as I’m continuously fighting, and wishing things to end.

I want to know what is the cause of all this and why this is happening to me, I need help because I’m really suffering.
Please help me/guide me, even praying to Allah listening to Surahs based on anxiety and depression isn’t helping me, like nothing is helping. Please help me.

Answer:

Wa alaikum assalam. Bismillahir Rahmanir raheem,

Sorry to hear that you have had anxiety and depression for many years. We pray to Allah that He gives you shifa from this, ameen.

In correlation to your anxiety and depression you are going through some difficulties like: bad dreams, anger uncontrollable, suicidal, scratches on body (sometimes) and hating your marriage etc.   

We give you some brief advice in accordance to the Islamic Shariah. If you act by these short guidance in sha Allah, Allah may give you the protection from all the sufferings you are going through.

1. Regarding bad dreams and what to do:

Narrated by Abu Qatada r.a:  The Prophet s.a.w said, “A good dream that coms true is from Allah, and a bad dream is from Shaytan, so if anyone of you sees a bad dream, he should seek refuge with Allah from Satan and should spit on the left, for the bad dream will not harm him.” [1]

2. Uncontrollable anger:

A. Seeking refuge with Allah from the Shaytan

The Prophet s.a.w said: “if a man gets angry and says, ‘I seek refuge with Allah,’ his anger will go away.” [2]

B. Keeping silent

The Prophet s.a.w said, “If any of you becomes angry, let him keep silent.” [3]

When a person becomes angry, he may utter words of Kufr/disbeleif or curses or may slander which may destroy many things and even would bring enmity and hatred between fellows. This is due to a person loses self control sometimes. Therefore, keeping silent can prevent from all these and it’s a solution to the above.

3. Making movements

If you are angry while standing, sit down and vice-versa. If the anger still does not go away, lie down. Move away from the source of anger, think positive of your relationship with your husband. Make wodhu if the anger is still there.  [4]

4. Remember the promise of Allah

The Prophet s.a.w said: “whoever controls his anger when he has the means to act upon it, Allah will fill his heart with contentment on the day of judgement” [5]

5. Remember the Sunnah

Prophet s.a.w only got angry solely for the sake of Allah. The Prophet s.a.w said: the strong man is not the one who can overpower others (in wrestling); rather, the strong man is the one who controls himself when he gets angry. [6]

Allah swt also mentioned many of the characteristics of a believer, here are two of them below: “spend (in the Allah’s cause) in prosperity and in adversity, [they] repress anger, and [they] pardon men; verily Allah loves al-muhsinoon (the good doers)” [7] and also in another place “… when they are angry, they forgive.” [8]

6. Understand what makes you angry

Knowing what makes you angry will help you to reduce your anger eg, may be someone surrounding you are annoying to you which makes you angry. Try to kindly speak to them if it’s possible. Shouting or scolding at each other would not do any good. The cure to anger is avoiding its causes.

7. Remember the effects of anger

The anger can lead to many disastrous things, in short, like breaking up the family ties (between husband and wife) and eventually can lead to divorce. Damage to one’s own self and to others. Also in some instances anger could lead to physical attacks, such as wounding. Angry person can turn all his/her anger in one selves, may end up tearing cloths, striking his/her cheeks, making scratches on the body or fall unconscious, may break dishes plates, break furniture etc.

In addition, one may think out of anger that his/her life is not worth so it can lead to think of to take suicidal approach which again is dangerous thinking. In this situation you should think of your life that is much precious and loftier in the sight of Allah as a human being (especially as a Muslim). Think of all the contentment and blessings that Allah has given to you. Life is a gift from Allah swt, it only belongs Allah swt. You cannot end your life simply because of small and minor things. By ending the life is not the permanent solution rather you are incurring wrath of Allah swt in the hereafter therefore, these sort of thinking should not dwell in your heart. Try and avert your mind and thinking from this. Do istigfar all the time, in sha Allah this should disappear slowly from your psychology.

In regards to your spouse/marriage you should think of positive things. Minor shortfall do come away throughout the marriage but this should not prevent you from having good relationship between husband and wife. You need to overcome them by looking at the good sides of your spouse. Every individual has good and bad sides though we have to live by these differences particularly throughout the marriage relationship.          

8. Listening to reminders

Remember that Allah and his messenger s.a.w gave lots of warnings as well as sincere advice to control your anger which is one of the characteristics of a believer (as mentioned above).

9. Make dua

Du’a is the best possible means of asking Allah to protect him/her from all evil, trouble and bad behaviour and seek refuge with him from wrongdoing and kufr (disbelief) becaus of anger. You may make dua’a with your own language that comes from your heart.

Hope these few short steps (not confined to the above) that may help you (by the will of Allah) to control your anger as well as experiencing any bad dreams and protect you from other bad influences that may cause harm in your relationship. Ameen.

For deep analysis you may search for good articles online in this regard which may answer most of your quests. Hope the best for you.

References:

[1] Sahih Al-Bukhari: 6986  [2] Saheeh al-Jaami’ al-Sagheer, no. 695 [3] Ahmed, vol-1, p-339] Also Saheeh al-Jaami’, 693, 4027 [4] Ahmed, vol-5, p-152] Also Saheeh al-Jaami’, 694 [5] Tabrani [6] Ahmed, vol-2/236  [7] Surah Ale-Imran 3:134 [8] Surah Al-Shoora 42:37    

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There is a TV channel in Turkey called Fox TV that shows programs made by Turkish production companies, but as this channel is owned by international group and one of its affiliates called Fox shows a program called American horror story that has some religiously objectionable ideas like apocalypse and referring to someone as second coming of messiah (nauzubillah).
And was also showing person as Jesus (pbuh). Fox also showed a western saying if mountain doesn’t come i won’t repeat the saying as i heard that its befitting for Muslim to repeat it but i can tell that it originated from Francis bacon’s writing, so you can search for it.

Now I have following questions:
1. Can a person be doing kufr if he just watches Turkish content through Fox TV while boycotting fox or watches Fox TV content by torrent .

2. And one more thing if actor works in Fox TV so is it kufr for us to get inspired by those actors or like them? Is that actor also doing kufr? If the program he works for is free of kufr. Actually one of my friend works in a production house as actor and that production house makes shows for Fox TV. Does these acts constitute kufr? Explain according to Hanafi school of thought

Answer:

All the prays belongs to Allah subhanahu wata`la

Islam forbids any kind of entertainment that involves music shows, or any other shows that has religiously objectionable content such as apocalypse, and ideas that leads to many kind of sin.

Anyone who sees an evil specially if it involves act of kufr –  such as reviling Islam or casting aspersions upon the messages or the Messengers, or belittling the rulings and laws of Islam, or mocking them, such as the beard and niqab – as many misguided people do now a days and approves of it and accepts it, and does not denounce it, will commit the same sin as the one who does it. In addition, imitating by playing the role of the messengers of Allah (such as Esa a.s) in the movies will never constitute his actual characteristic of his prophet hood, this is also unjustifiable acts which is a great sin.   

Allah, almighty, says:

“And it has already been revealed to you in the Book (this Quran) that when you hear the Verses of Allah being denied and mocked at, then sit not with them, until they engage in a talk other than that; (but if you stayed with them) certainly in that case you would be like them”  [an-Nisa’ 4:140]. (see also Sahih Muslim, Hadith: 1854)

In another place Allah says:

“If you ask them (about this), they declare: ‘We were only talking idly and joking.’ Say: ‘Was it at Allah and His Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger (SAW) that you were mocking?’’

Make no excuse; you have disbelieved after you had believed”  [at-Tawbah 9:65, 66].

As mentioned above If a person watches or listens to that and approves of it, then he comes under the same rulings as the one who does it. If he hates it in his heart but he continues to watch and listen, then he is in grave danger; though he is free from Kufr he will not be safe from falling into sin and disobedience.

So answering question 1: same ruling will apply as above whether you watch the contents through fox tv or by Torrent.

Answer for question 2: (a) same ruling will apply as above if you get inspired by such act of Kufr and you don’t denounce it. (b) again applying the same rule it will depend on the above mentioned rules, whether he is also doing Kufr or not. (c) However, if the program that he or she works for is fee of Kufr then this would not constitute Kufr, but working in the environment of Kufr will definitely incur great sins.  He or she should look for alternative and better way of living for halal income or halal entertainment. These are the Hanafi and nearly all other scholars view. Wallahu A’lamu bissawab.

And Allah knows the best.

References:

[1] Surah an-Nisa’ 4:140 [2] Tafseer Ibn Katheer, 1/860 [3] Sahih Muslim Hadith: 1854 [4] Ahmed vol-3, p-239 [5] Majmoo‘ al-Fataawa, 28/221-222 [6] Surah at-Tawbah 9:65, 66

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Answer: Muhammed s.a.w is the final messenger of Allah s.w.t which is confirmed in many verses of the Quran and many ahadith of Rasul s.a.w. Until the day of judgement there will be no other prophets arriving. If any one denies or have any doubt in this concept, he will no longer remain Muslim.

Sometimes they call themselves Ahmedi Muslims group (though they call themselves Muslims) in fact are not Muslims due to rejecting the concept of last prophet hood. Their claim is that Mirza Gulam Ahmed Qadiyani (13 February 1835 – 26 May 1908) from Indian sub-continent is also a prophet (which is pure lie and deception) thus, rejecting the concept of last Prophet being Muhammed s.a.w.

In light of this, the whole Muslims around the globe has declared that they are not Muslims rather Kuffar (non-Muslims). Due to this fact no Muslim can attend their Janazah nor one can pray the Janazh over them.

Note: By declaring that they are not Muslim, is basically protecting the Muslims from their deception whilst they call themselves Muslims. Unlike normal kuffar (non-Muslims), they are not deceiving anyone by calling themselves Muslims! Thus, no prejudice against anyone.

References: [1] Surah Al-Ahzab, V:40, [2] Tafseer Ibn Kathir, vol-3, p-697 [3] Bukhari: 3534/Muslim: 2286/7 [4] (a) Ahmed, vol-5 p-136 (b) Ahmed, vol-3, p-267 [5] Sunan At Tirmidhi: 2219 [6] Tabrani (Mu’jam al-awsat) vol-3, p-318

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Question:  What are the sunan of the blessed 10 days of Zul Hijjah?

Answer:  Those who are not performing Hajj and are at their own residence should observe some likeness of Hujjaj so that they can gain similar benefits of those Hujjaj.

It is stated in the hadith not to cut hair or nails: “Narrated ‘Umm Salama r.a. reported Allah’s Apostle (s.a.w) as saying: If anyone of you intends to offer sacrifice he should not get his hair cut or nails trimmed”.

References: [1] Muslim:1977 [2] Tirmizi:1528 [3] Abu Dawud:2791 [4] Nasai:4361 [5] Ibn Majah:3149

According to Hanafi fiqh it is Mustahab (desirable) not to cut hair or nails. Some Ahle Zahir (distinct sect) scholars and Imam Ahmed Ibn Hanble r.a regarded this as wajib. And some regard this as Mubah (permissible), neither its sunnah, wajib nor mustahab to them. Hanafi scholars states that this hukm (order of not cutting) is to adopt a likeness of the Hujjaj (those who are performing Hajj) because that time the Hujjaj don’t cut their hair and nails.

Therefore, those who did not go for Hajj at least adopt a likeness of the Hujjaj. And it is not illogical that whatever barakh Allah will bestow upon the Hujjaj, because of adopting a likeness of the Hujjaj Allah may bestow some barakah to them as well.

Reference: [1] Dars Tirmizi, vol-5 p-216. By Mufti Taqi Usmani D.B

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Answer: During the bargaining/negotiation, if the seller offers a price and buyer does not accept that price or even the buyer makes counter offer and has been rejected, this offer and acceptance is void. Similarly after the seller’s offer if the buyer leaves the place without accepting it or refuses to accept at this price then also, renders invalid in other words no contract has been formed. According to the narrative statement, at this point the offer and acceptance was not met therefore, buyer is not under any obligation to buy the product. So the person who returns back to buy it this will be regarded as a new offer and acceptance from the buyers prospective therefore, has a freedom either to buy it or reject it.

References: [1] Badaius Sanai vol-6:477. [2] Radd al Muhtar, vol-7:18. [3] Al-Bahrur Raiq, vol-5:412.

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Introduction

Today the topic of Taqleed has become more attentive vocal point to the Muslim individuals, especially among the youths from the level of layman and among the learned ones. Some argues that Taqleed has no place in Shariah and some accepts the taqleed to the extent that no blind Taqleed should be made. For the former, they tend to say that you only follow the Qur`an and the authentic Ahaadith of Rasul of Allah s.a.w and no other personalities. And as for the later ones, they say that only valid Taqleed should be made based on knowing the evidence of such matter. However, both of these arguments are baseless to some extent. Following the Qur’an and Ahaadith though, apparently sounds correct and which, Muslims should adhere to, however directly following fro Qur’an and Sunnah for a lay person is impossible and impractical as there is no scope of hearing anything direct from Rasulullah s.a.w. And on the other hand, knowing the evidence is not the task for the layman either but for the scholars. In sha Allah I will endeavour to illuminate this misconception with the verses of the Quran along with its modern/classical commentaries and ahaadith. Generally I will explain this in two parts. Part 1: Blind Taqleed or blind follower be a lay person (common person). Part 2: Blind following of ancestors in false religion.

Part One

1.1 The definition

Taqleed linguistically means to put something around the neck encompassing it like a Qallada (rope around the neck). Technically it means to follow the saying of someone (expert) whose statements are not evidence.[1] Al-Usul min Ilmil Usul, pg-128 (English translation: The foundation of the knowledge of Usul by Shaykh Al-Uthaymin r.a)

1.2 Situations of Taqleed

Taqlid can occur in two situations:

1. That the blind follower be a common person who is not able to know the ruling for himself so for him it is compulsory to blind follow due to the statement of the Most High:

“Ask the people of the Reminder if you do not know.” [Chapter 16, V:43] [2]In the Arabic text it is mentioned as ‘Fard’ which translate to compulsory. [3] Surah An-Nahl, V:43 & Surah Al-Anbiya, V:7

He follows the best one he can find in terms of knowledge and piety, and if they are similar then he can simply choose.

• The Mujtahid (Imam) is confronted with an incident that requires immediate response, and he is not able to look in to the issue, then he may blindly follow someone in that instance. [4] Al-Usul min Ilmil Usul, pg-129

In the first concept, one chooses to make Taqleed of a specific Mujtahid ‘Aalim’ (scholar). In all affairs his judgement is accepted and acted upon. This Ta’yin (fixation of a maslak) is known as Taqleed-e-Shakhsi (following a fixed Imam). [5] Ashraf’s advice upon the four great Imams of fiqh, pg-151

Note-1: Shaykh Al-Uthaymin R.A (may Allah have mercy upon him) has accepted the view that it is Fard to blind follow by a lay person!

Note-2: There is no a single Muslim who does not to some extent do blind following since from the tender age of understanding. For example, Muslim children attend Islamic school (Madrasa, Maktab etc) to learn their religion through tutelage of teachers, most importantly learning the Salah with some demonstrations, verbal or with small illustrated text books hence, all these forms blind following because yet they do not have the ability/direct access to the learning of Rasulullah s.a.w especially to the hadith of Rasulullah s.a.w to know which part is Sunnah, which part is Fard etc. Therefore, it is inevitable that he learns it through blind following of his teacher or parent.      

1.3 Blind following of Fatwas

Allah says:

“Ask the people of the Reminder if you do not know.” [Chapter 16, V:43]

And the people of the Reminder are the scholars, and the blind followers are not from the people of knowledge who are followed, rather they are follower of others.

Abu ‘Umar bin Abdul-Barr r.a and others said: ‘the people are unanimously agreed that the blind follower is not of the scholars and that knowledge is to know the truth with its evidence.’  Ibn al-Qayyim r.a said: ‘This is as Abu ‘Umar said; the people do not disagree that knowledge is obtained from the evidence, as for without the evidence then that is blind following’ then Ibn ul Qayyim mentioned the permissibility of the fatwa through blind following according to three sayings:

1. ‘It is not permissible to give a fatwa with blind following because it is not knowledge and the fatwa without knowledge is forbidden and this is the sayings of most of the Companions (Hanbalis) and the majority of the Shafi’iyah. [6] Sharh Usul min ilmil Usul, pg 699
2. It is permissible with regard to himself, but not permissible for him to blindly follow what others have given a fatwa for (themselves).
3. It is permissible when needed, and in the absence of a scholar who is a Mujtahid, and that is the most correct of these sayings and it should be acted upon. [7] Al-Usul min Ilmil Usul pg-133/34 [‘So it is permissible that we seek the verdict of a blind follower when we cannot find other than him. This is because the verdict of a blind follower is better than ignorance, without doubt. And that he narrates the sayings of a mujtahid imam and relies on it is better than ignorance, and this is the most correct of the sayings. (Sharh Usul min ilmil Usul, pg 699)

Consider the following verse the opponents of the taqleed presents in favour of their argument in regards to the fact that by following a particular madhab you are creating division among the Ummah.

“And be not like those who became divided and disagreed after the clear commands came to them, and these it is that shall have a grievous chastisement”. [Chapter 3:105] [8] Surah Ale-Imraan, v:105

1.4 COMMENTARY:

The author of “Ruhul Ma`aani” and majority of the Mufassirin (commentators) states that the verse refers to the Jews and Christians who split and deviated from (Tawhid) oneness of Allah. [Ruhul Ma`aani Vol-4, Pg-22] [9] (1) Tafseer Fath al Qadir pg-236 (2) Tafseer Ibn Katheer, Vol-1 Pg-615 (3) Tafseer Al-Bagwi, Pg-234 (4) Tafseer Kash-shaf Pg-188 (5) Tafseer Al-Qurtubi vol-2, pg-523 (6)Tafseer Al-Baidawi vol-1, pg-174 (they differed in regards to Tawhid, Tanzeeh and also disputed about the hereafter life)]

Despite the presence of clear commands in the Tawrah and Injeel, the Jews and the Christians disputed with each other in matters regarding their respective Shari’at until they eventually broke up in to numerous different sects.

The Ummah of Prophet Muhammed s.a.w are instructed not to imitate their ways. These people contradicted the orders given to them because of their love for the world and their subservience to their passions. In this verse Allah s.w.a forbids the Muslims from imitating the Jews and the Christians in regards to disputation in Deen (namely in matters concerning aqaaid or believes). [Anwaar-ul-Bayaan] [10] Vol-2, Pg-162

Many people subject the Deen to their own desires, thereby leaving the Deen altogether. Examples of such groups in the past were the Murjiya, the Karaamiya, the Mujassama, the Mushaabiha, the Mu`attila and the Jahamiya. They all claimed to be Muslims but actually left the fold of Islam. Included with this groups are those who deny the authority of the Ahaadith, those who accept that the Qur’an was changed (most Shi`a groups) as well as those who believe that other Prophets came after Rasulullah s.a.w such as (Qadiaani). [11] Anwar-ul-Bayaan Vol-2, Pg-162

1.5 A grave misconception with regards to this verse

Opponents of Taqleed commonly cite this verse as proof that Taqleed is haram. They argue that the four madhahib (plural of madhab) are sects and, as understood from this verse sectarianism (creating division) is haram. However, the words “after the clear commands came to them” refute their argument.

As mentioned above, the Jews and Christians differed with each other regarding matters about which they had clear guidance in the Tawrah and Injil. Thus, the meaning of this verse is that Muslims must not dispute with each other regarding matters which they have clear guidance in the Quran.

However, a study of the causes of differences of the opinion among the four madhahib reveals that none of these differences are “after the clear commands came to them”. Thus differences in Madhahib does not fall under this verse.

In fact with regards to the differences in Madhahib, it is important to remember that:

1. The madhahib do not differ with each other in matters of aqeedah (belief) (see 1.4)
2. They do not differ with each other regarding matters that are explicitly mentioned in Quran and Hadith
3. They only differ regarding:
4. Matters that are neither mentioned in the Quran nor in the hadith.
5. Matters regarding which there is some ambiguity. There are various reasons for such ambiguity. For example:
6. one having two possible meanings, both of which cannot be intended at the same time. See (chapter 2:228)
7. conflicting narrations e.g. One narration implies that that the muqtadi must not read surah Fatiha and another narration implies that his salah will be invalid if he does not do so.

8. In most instances the difference of opinion among the madhahib is regarding ‘awlawiyyat’ (priority, precedence).

For example: whether ‘ameen’ should be said softly or loudly, the Hanafi madhab says that it is better to say it softly and the Shafi’e madhab says that it is better to say it loudly. However, no Hanafi says that the Salah is void (invalid) if ‘ameen’ is said loudly and similarly, no Shafi’e says that it is compulsory to say ‘ameen’ loudly.

• Even when they differ regarding the permissibility and impermissibility of a certain thing (although differences of this nature are few), no madhab declares the members of the other madhab deviant sect etc.
• It is clear from no-3 above that the differences  among the madhahib are not “after the clear commands came…..”. In other words, this aayat does not refer to the differences of the madhahib.
• It is clear from the above discussion that neither the Imaams of the four madhahib nor their followers are guilty of creating ‘sects’ in Deen.

Part Two

2.1 Blind following of ancestors in false religion

“They said: Have you come to us to turn us away from what we found our fathers upon, and (that) greatness in the land should be for you two? And we are not going to believe in you”. [Chapter 10, V:78] [12] Surah Yunus, V:78

2.2 COMMENTARY:

Almighty Allah particularly rephrased how pharaoh and his subordinates were following their ancestors in the matters of false self-proclaimed idolatry religion and denying the true preaching of Musa a.s and Harun a.s. Hence defaming them of abdication of his throne and position. [13] Tafseer Qurtubi vol-4, pg-664

Note: the phrase “we found our fathers upon” denotes the Taqleed of their ancestors in false idolatry religion which Allah condemned them in Surah Ale-Imraan verse:105 (mentioned in part one). [Tafseer Kabir] [14] vol-9, pg-134

2.3 Christians regarded their doctors of law and their monks to be legislators of law

“They have taken their doctors of law and their monks for lords besides Allah, and (also) the Messiah son of Maryam and they were enjoined that they should serve one Allah only, there is no God but He; far from His glory be what they set up (with Him)”. [Chapter 9, V:31] [15] Surah At-Tawbah, Verse:31

2.4 COMMENTARY:

The Christians never used to worship their monks however, they used to (blindly) follow their footsteps in disobeying the commands of Allah. Whatever the Monks used to make halal they used regard it as halal, whatever the monks used to make haram they used to regard it as haram. [16] (1) Tafseer Bagwi pg-553, (2) Tafseer Qurtubi, vol-4, pg-461

2.5 Compare and contrast

1. It is clear from the above verses that the Jews and Christians used to create divisions in matters of faith and aqaaid as well as in the branches of faith.
   1. No Mujtahid Imaam has ever created any divisions in faith nor in matters which are clear cut Qat’i (definitive) obligatory laws e.g 5 times prayers or 5 pillars of Islam.
   2. As can be depicted from the verse above in Surah Tawbah, the Christians used to regard their monks and pops to be the  legislator in lieu of their creator. Whereas no Muqallideen (followers of Madhab) claim that they have the ultimate authority to legislate or re-interpret the law or Shariah. Below Hadith explains the position of the Christians believes:

Narrated ‘Adi bin Hatim: “I came to the Prophet (s.a.w) while I had a cross of gold around my neck.  He said: ‘O ‘Adi! Remove this idol from yourself!’ And I heard him  reciting from Surah Bara’ah: They took their rabbis and monks as lords  besides Allah (9:31). He said: ‘As for them, they did not worship them,  but when they made something lawful for them, they considered it lawful,  and when they made something unlawful for them, they considered it  unlawful.'” [Jami` at-Tirmidhi] [17] Hadith no-3095

• Though Christians never used to worship them i.e monks however, they cherished the changes that used to be made by their monks.

Moreover, contrary to the  above Allah the Almighty encourages those who follow their pious elders in the matter of faith.

“And (as for) those who believe and their offspring follow them in faith, We will unite with them their offspring and We will not diminish to them aught of their work; every man shall be detained for his deeds”. [Chapter 52, V:78] [18] Surah At-Tur, V:78

2.6 Below again further Allah deters not to be among the polytheists:

“Turning to Him, and be careful of (your duty to) Him and keep up prayer and be not of the polytheists”. [Chapter 30, V:31] [19] Surah Ar-Rum V:31

Here Allah forbade not to be among the polytheist whereas no Imam instructs to associate any partner with Allah s.w.t.

“Of those who divided their religion and became seas every sect rejoicing in what they had with them”. [Chapter, V:32] [20] Surah Ar-Rum V:32

Here very explicitly Allah condemns those who divided their religion namely the Jew and Christian i.e changed it by believing in parts of it and rejecting other parts. [Tafseer Ibn Kaseer][21]

“Surely they who divided their religion into parts and became sects, you have no concern with them; their affair is only with Allah, then He will inform them of what they did”. [Chapter 6, V-159] [22] Vol-3, Pg-612

2.7 COMMENTARY:

1. Before the arrival of Prophet Muhammed s.a.w, the Jews and Christians split their religion into many sects. However, on the other hand many of them were guided after Prophet s.a.w preached to them Islam but in minimal numbers. [Tafseer Ibn Kaseer] [23] Vol-2, Pg-273/4

2. The followers of the religions before Islam though split into many false sects, each group claiming to be following the truth. This Ummah too has split into sects, all of which are misguided apart from one, which is Ahlus Sunnah wal Jama’ah those who adhere to the book of Allah and the Sunnah of the messenger s.a.w. And what was followed by the first generation, the companions their followers (Tabiyin) and the Imaams of the Muslims (particularly four great Imaams of Ahlus Sunnah wal Jama’ah) of earlier and later times. [Tafseer Ibn Kaseer] [24] Vol-3, Pg-612

Imam Hakim in his Mustadrak recorded that the Messenger of Allah s.a.w was asked which of the sect was the saved sect? And he said ” Ma ana alaiya wa as-habee” what I and my companions are upon. [Mustadrak Alas Sahihain] [25] Vol-1, Pg-128/9

“These are they to whom We gave the book and the wisdom and the prophecy; therefore if these disbelieve in it We have already entrusted with it a people who are not disbelievers in it”. [Chapter 6, V:89] [26] Surah Al-An`aam, V:89

It is apparent from this verse that Allah gave clear book and wisdom yet some of Jews and Christians disbelieved.

“With clear arguments and scriptures; and We have revealed to you the Reminder that you may make clear to men what has been revealed to them, and that haply they may reflect”. [Chapter 16, V:44] [27] Surah An-Nahl, V:44

2.8 CONCLUSION

To sum it up, after critical analysis, blind Taqleed is the ultimate result of following ancestors in the matter of false religion without any valid evidence and completely ignoring the explicit guidance from the creator thus, creating divisions and different sects. On the contrary to this following any of the valid madhahib does not fall under the category of “creating division and different sects” as the madhahib itself is not sect rather it’s a simple interpretation of non explicit or any ambiguous texts which we have mentioned under point number 3 on (1.5).

Therefore, following any madhahib for a lay person is not a blind Taqleed in the context of the verse  that I have made very brief analysis rather, it is a blind following in the context for a lay person as being unaware and unable of deducing evidences thus, has no alternative but to ask the learned ones [Chapter 16, V:43]. Hence, following one of the madhahib (today’s day and age especially, we live in the most fitna time) is the most secured mode for a lay person so that he may abstain from following his desire and passion in regards to following the Shariah. May Allah give us the right understanding of Deen and practice upon it, Ameen.

I end with the famous hadith of Rasulullah s.a.w:

Shaddad bin Aws r.a narrated that the Prophet s.a.w said: “The clever person is the one who subjugates his soul, and works for what is after death. And incapable is the one who follows his desires and merely hopes in Allah.” [Sunan at Timidhi] [28] Hadith no-2459 Darus Salam, Riyad.

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QUESTION:  What is the position of greeting a fellow Muslim with salam? And is it wajib upon everyone to return the Salam despite whatever circumstance of that particular person is in? 

Answer: Greeting with salam to one another is sunnah, however, it is wajib to return the salam based on the Qur’anic verse where Allah says: “And when you are greeted with a greeting, greet with a better (greeting) than it or return it; Surely Allah takes account of all things”.[1] [Surah An-Nisa:86]

And in the hadith: Narrated by Abu Huraira r.a “The prophet s.a.w. said you will not enter paradise until you believe, you not believe until you love each other, should I not inform you about a thing that when you do will love one another? Spread salam (peace) amongst you”. [2] [Sahih Muslim:86]

As for returning the salam, however there are some exception applies. Allamah Ibn Abidin Shami r.a one of the greatest and last Muhaqqiq (great researcher), great faqih of Hanafi Madhab in his famous Fatwa kitab Radd al Muhtar or known as Fatwa Shami (which is widely accepted and regarded as highest authority in the Hanafi Madhab) has mentioned by quoting from Jalal Uddin As-Suyuti r.a poetry work (who is a Shafi’e scholar) that it is not wajib to return the salam (for a person) on the following twenty one places:

1. [Salah] At the initial stage of Islam people used to make salam while in Salah including talking to one another. Later on this practice was abrogated. Similarly many people when entering Masjid makes salam while there may be many people engaged doing Salah or even wating for Jam’ah and doing Zikr thus, its makruh to do so. [3] {1} Sahih Bukhari:1200 {2} Sahih Muslim:539 {3} Sunan Abi Dawud:949 {4} Sunan Tirmidhi:405 {5} Sunan An-Nasai:1219 {6} Sharh Mayanil Athar vol-1:170 {5} Surah Baqarah:238  
2. [Eating]
3. [Drinking]
4. [Reciting Qur’an]
5. [Dua] When one is busy in making supplication
6. [Zikr] One is engaged in doing Zikr
7. [Khutbah] When Imam is delivering the khutbah
8. [Talbiyah] When one is engaged in Talbiyah during hajj
9. [Qada-e-hajat] On relieving oneself in toilet
10. [Iqamah]
11. [Azan]
12. [Given salam to a child] Who does not have understanding
13. [Drunk] A person who is in a drunken state should not be given nor returns it
14. [A young woman] When fear of fitnah to do salam or return salam
15. [Fasiq] Evil doer
16. [Drowsy] A person who is feeling drowsy or in slumber
17. [Sleeping]
18. [Sexual intercourse]
19. [During reconciliation]
20. [Bathroom] While bathing
21. [Insane]

These quotes are based on many authentic ahadith where the fuqaha (JURISTS) has deduced from and compiled it together for ease of references. 

Reference: [4] Fatwa Shami vol-2:386

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Hadith no-1

Narrated Anas bin Malik r.a: The Prophet (ﷺ) said, “Straighten your rows for I see you from behind my back.” Anas r.a added, “Everyone  of us used to put his shoulder with the shoulder of his companion and his foot with the foot of his  companion.” [1] {a} Sahih Bukhari, Hadith no-725 {b} Muslim, hadith no-436

Interpretation:

{1} Straightening the saffs (rows) in Salah is one of the important aspect of Salah. Rasulullah s.a.w. used to give utmost importance on straightening the rows before commencing the salah to the extent that it was the practice of Rasulullah s.a.w to turn towards the people before commencing the Salah and sometimes used to walk between the saffs ordering them to straighten their rows and not to leave any gap in between two person. Furthermore, he used to say that if you don’t straighten your rows then Shaytan (devil) will enter your hearts and will cause disunity amongst you. In this regard there are numerous ahadith which are very explicit in its own right. Though there are many interpretations amongst the scholars, few of them will be discussed below:

Hadith no-2

Al-Nu’man Ibn Bashir r.a said: “the Messenger of Allah (ﷺ) paid attention to the  people and said three times; straighten your rows (in prayer); by Allah, you must straighten your rows, or Allah will certainly put your faces in contrary directions. I then saw that every person stood in prayer keeping his shoulder close to that of the other, and his knee close to that of the other, and his ankle close to that of the other.” [2] Sunan Abi Dawud, Hadith no-662

Hadith no-3

Narrated by Abdullah Ibn Umar ra. The Prophet (ﷺ) said: “Set the rows in order, stand shoulder to shoulder, close the gaps….”  [3]Sunan Abi Dawud, Hadith no-666

• Rasulullah s.a.w greatly emphasised on straightening the rows by mentioning this thrice as this can be seen from the above hadith. Furthermore, the Prophet s.a.w. will also encourage to make the saffs as the angels make. The following hadith no-3 will make it explicit:

Hadith no-4

Jabir b. Samurah r.a reported the Messenger of Allah (ﷺ) as saying: “Why don’t you stand in rows as the angels do in the presence of their Lord? We asked: how do the angles stand in rows in the  presence of their Lord? He replied: they make the first row complete and keep close together in the row.” [4] {A} Muslim, hadith no-430 {B} Abu Dawud, hadith no-661 {C} Sunan an-Nasai, hadith no-816 {D} Sunan Ibn Majah, hadith no-992

Interpretation:

{2} The harm of not straightening the rows as mentioned in the above hadith is that it causes disunity in the hearts of people which we see in our daily lives.

• Therefore, when performing Salah with jama’ah one should ensure that the heels are in line and people stand shoulder to shoulder without leaving a gap in between.

• Rasulullah s.a.w has also persuaded by consoling the believers hearts by saying Allah and the angels sends special blessings on those who joins the saffs which will be clear from the hadith below:

Hadith no-5

It was narrated that ‘Aisha r.a said: “The Messenger of Allah (ﷺ) said: ‘Allah and His angels send blessings upon those who complete the rows, and whoever fills a gap, Allah will raise him one degree in status thereby.’” [5] {A} Sunan Ibn Majah, hadith no-995 Grade: Hasan {B} Kitab al Athar (Imam Muhammad r.a) hadith no-89

Hadith no-6

‏‏Narrated Anas bin Malik r.a: The Prophet (ﷺ) said, “Straighten your rows as the straightening of rows is essential for a perfect and  correct prayer.” [6] {A} Sahih al-Bukhari, hadith no-723 {B} Sahih Muslim, hadith no-433 {C} Abu Dawud, hadith no-668 {D} Sunan ad-Darimi, hadith no-1263 {E} Musnad Ahmad, vol-3:125

Interpretation:

{3} There are some who are of the opinion that when standing in the saff not only should the shoulders touch but also the feet. They deduce this from the words of Numan bin Basheer r.a (as mentioned in the above hadith no 2) that “I saw the people attaching their shoulders, knees and ankles to the person next to them.” However, Hafiz Ibn Hajar Asqalani r.a the famous Shafi’e scholar of Hadith and commentator of Sahih Bukhari states:

• “This implies an exaggeration in straightening of the rows and closing of the gaps.” [7] {A} Fath al Bari, vol-2:259 {B} UmdatulQari, vol-5/6:260/377 {C} Faidhul Bari, vol-2:302 {D} Irshadus Sari, vol-2:416]

Interpretation:

{4} Allamah Anwar Shah Kashmiri r.a states: “the meaning of this (i.e. the words of Numan bin Basheer r.a) according to all four Imams (Imam Abu Hanifa, Shafie, Malik, & Ahmad Ibn Hanbler.a) is that no such gap should be left open between two person that a third person can fill.” [7] Faidhul Bari, vol-2:302

• Thus the apparent meaning of Numan bin Basheer’s r.a statement is not meant as it is seemingly impossible to stand with composure with one’s knees and ankles touching the knees and ankles of the person next to him due to the fact that one may be toller than other and vice-versa next to each other.

• The scholars state that a person standing in Salah should create a gap of approximately four fingers between one’s two feet. [9] {a} Faidhul Bari, vol-2:302 {b} Sharhul Wiqaya

The saying: “Everyone  of us used to put his shoulder with the shoulder of his companion……..” (above hadith no-1) and “I then saw that every person stood in prayer…….” are the words of the main narrators of those two ahadith above by Anas r.a (hadith-1) and Numan bin Basheer  r.a (hadith-2), and NOT the sayings of the Prophet s.a.w.

Thus, above all, we should take in to consideration that we should avoid harming others by any means and that includes wide spreading the legs thus, harming others. The Prophet of Allah s.a.w has warned us from inflicting such harms to any fellow in the hadith below: 

Narrated ‘Abdullah bin ‘Amr r.a: The Prophet (ﷺ) said, “A Muslim is the one who avoids harming Muslims with his tongue and hands. And a Muhajir (emigrant) is the one who gives up (abandons) all what Allah has forbidden.” [10] Sahih al-Bukhari, hadith no-10

References:

 [1] Sahih Bukhari, Hadith no-725 [2] SunanAbiDawud, Hadith no-662

[3]Sunan Abi Dawud, Hadith no-666 [4] {A} Muslim, hadith no-430

{B} Abu Dawud, hadith no-661 {C} Sunan an-Nasai, hadith no-816

{D} Sunan Ibn Majah, hadith no-992

[5] {A} Sunan Ibn Majah, hadith no-995. Grade: Hasan {B} Kitab al Athar hadith no-89

[6] {A} Sahih al-Bukhari, hadith no-723 {B} Sahih Muslim, hadith no-433

{C} Abu Dawud, hadith no-668 {D} Sunan ad-Darimi, hadith no-1263

{E} Musnad Ahmad, vol-3:125

[7] {A} Fath al Bari, vol-2:259 {B} Umdatul Qari, vol-5/6:260/377

{C} Faidhul Bari, vol-2:302 {D} Irshadus Sari, vol-2:416

[8] Faidhul Bari, vol-2:302 [9] Ibid, (Sharhul Wiqaya).

[10] Sahih al-Bukhari, hadith no-10

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