Selected Fatawa of Shaykh Mahmood Ahmad Mirpuri (rah)

As the previous English translation of “Fatawa Sirat e Mustaqeem” of Shaykh Mahmood Ahmad Mirpuri was done in a summarised manner, we will translate again some selected Fatawa from the Urdu edition of “Fatawa Sirat e Mustaqeem” published by Maktabah Quddusia, hoping in long term to translate the full book

Table of content:

“Taking a grant for a Mosque from a Non-Muslim government?”

“Moon Sighting Committee”

“What is the ruling on praying 4 Fardh (4 obligatory Rak’ah) after the 2 Fardh (2 obligatory Rak’ah) on Jumu’ah (Friday prayer)?”

“Is there a place in England where there is the reward of 70 000 prayers?”

What is the ruling of Na’t (poem in praise of the Prophet (saw)) or Qawwali (Nasheed)?

Is it permissible by the Islamic Law to participate in a rally (Julus)?

Is it permissible to vote for a secular party?

Should we read the prayer of thankfulness (Shukranah)?

The reality of asking Imam Bukhari to intercede for the acceptance of invocation?

What is the difference between Taraweeh and Tahajjud?

Are the prayer of Taraweeh and prayer of Tahajjud the same prayer?

Using toothpaste while fasting

Can we give the meat from Qurbani (Udhiyah) to Non-Muslim?

Can we write 786 instead of “Bismillah”?

Is Ghaibanah Namaz Janazah (Funeral prayer in absentia) proven from the Prophet (saw)? Is it permissible to pray more than once on a dead person? Is it allowed to conduct the funeral prayer in a Masjid?

How did the event of the moon Splitting occur?

Children being Imam in Ramadhan

Is it allowed to declare a Non-Muslim (ghayr Muslim) as disbeliever (Kafir)

Can we donate to a religious or political party?

 

“Taking a grant for a Mosque from a Non-Muslim government?”

Question: Abid Na’eem asked from Canada: “Can we use the grant given by a Non-Muslim government for the construction of Mosques? If we can accept such grants, could you explain what conditions we should take into account?”

Answer: It is permissible to take the grant given by a Non-Muslim government for mosques and there is no religious prohibition in using this amount for the construction of Mosques. It is true that if Muslims are citizens of this country then they pay taxes so it is also their right to obtain such grants. If the government gives a grant from a fund that is without any doubt illicit (Haram) such as gambling or alcohol then we cannot accept such amounts for Mosques.

It is not an obligation that Mosques must be build from the income of Muslims, indeed the House of Allah which was renovated by the polytheists of Makkah, the Prophet (saw) did not declare it impermissible as the income used was that of disbelievers. Yes we should take into account whether the income is licit (Halal) or illicit (Haram). The illicit income, even if it comes from a Muslim, cannot be used for the construction of Mosques

(Fatawa Sirat e Mustaqeem, p 149, Maktabah Quddusia)

“Moon Sighting Committee”

Question: Someone claims to be the Chairman of the Moon sighting committee, he is the judge of it, and that the decisions on the two Eeds are based on his verdict, is this true? Could you please shed light on the Moon sighting committee and who are the scholars who are members of it?

Answer: To remove the worries faced by the Muslims of UK for the two Eids, through the efforts of the Islamic Cultural Centre of London, a Moon sighting committee was formed containing the scholars of all schools of thoughts. No one should claim that he is the president of this committee or its judge to establish superiority upon people. The committee and its scholars only have the ability to express their views in light of the Quran and Hadith and give a decision. No one is authorised at all to impose his view. The chairman of this committee is the Director of the Islamic Cultural Centre London Dr Professor Zaki Badawi and from one perspective the founder of this committee is also the Islamic Cultural Centre London.

(Fatawa Sirat e Mustaqeem, p 293, Maktabah Quddusia)

“What is the ruling on praying 4 Fardh (4 obligatory Rak’ah) after the 2 Fardh (2 obligatory Rak’ah) on Jumu’ah (Friday prayer)?”

Question: Muhammad Yasin writes from Leeds: After praying the two Fardh of Jumu’ah, can the Muqtadis (those who prayed behind the Imam) pray again the 4 Fardh, as I have heard about this issue?

Answer: It is not established to pray 4 Fardh after praying the 2 Fardh on Jumu’ah. We have already shed light upon this in “Sirat e Mustaqeem” and there is no evidence for praying again 4 Fardh as a precaution. Here we will suffice to mention the quote from the famous book of jurisprudence “Fiqh As-Sunnah”, whose author Sayid Sabiq mentioned in footnotes:

“As for the prayer of Zuhr for the one who prayed Al-Jumu’ah, it is not permissible by agreement (of the scholars), as Al-Jumu’ah is a substitute of Zuhr, so it stands as a replacement and Allah did not make 6 prayers obligatory upon us. The one who allows Zuhr after Al-Jumu’ah, he has no precedent from intellect or text, not from the Book, or from the Sunnah or from any of the Imams” (Hashiyah Fiqh As-Sunnah 1/266)

Now those who advocate praying 4 Fardh, they should provide an evidence.”

(Fatawa Sirat e Mustaqeem, p 235-237, Maktabah Quddusia)

“Is there a place in England where there is the reward of 70 000 prayers?”

Question: Ghulam Husayn asked from Cardiff that a person was delivering a speech in a religious gathering and he said in it that there is a place in England, and he named it, where the reward of prayer is 70 000 and then he added that it can reach 700 000. Is this matter true?

Answer: People who say such matters that there is a place in England where the reward of prayer is 70 000 or 700 000, then they are uttering a great lie, whichever city from any area they refer to, while we cannot give such status to any city of an Islamic country. The Messenger of Allah (saw) did not announce such reward to any other places except Masjid Haram, Masjid Aqsa and Masjid Nabawwi and none has the right to grant the share of reward from himself. According to our knowledge, there is no evidence in the religious law which specifies such reward for any other places.

(Fatawa Sirat e Mustaqeem, p 159, Maktabah Quddusia)

What is the ruling of Na’t (poem in praise of the Prophet (saw)) or Qawwali (Nasheed)?

Asra Bibi asked from Country: What you wrote regarding songs and playing music and those who listen to them, is permissible to go to places to listen to Qawalis and Na’ts where they are with songs and music?

Answer: As for Na’t , there is no blame in listening to them rather if the Na’t contains the mention of the greatness and real status of the Messenger of Allah (saw), then reading it and listening to it brings reward. In the same manner, if the Qawwali contains good Islamic poetic lines then listening to it is permissible but for there are conditions for the permissibility of these two:

1. No musical instrument should be played with them because the Messenger of Allah (saw) clearly forbade their use.

2. The places in which the Na’ts are recited, there should be no free-mixing between men and women, and if there is so, then going to such places is not allowed even if Na’ts are reciting there.

3. There should not be any exaggeration in the Na’t and the poems should not contain lies and false statements.

Is it permissible by the Islamic Law to participate in a rally (Julus)?

Question: Raja Muhammad Rafeeq wrote from East Ham: “Is it permissible while living in Non-Muslim countries to organise rallies for Muslim countries? Such as Afghan Mujahideen (tr: against Russia in 80s), Masjid Al-Aqsa… Those people who are making plans to terminate Muslims, can they give us rights? What I mean is: is it permissible by the Islamic Law to participate in a rally or not?

Answer: “Wherever they live, Muslims are bound to their religion and obligated to fulfil their religious obligations and exert efforts for the preservation of their creed, and knowing the affairs of their Muslim brothers, doing efforts to solve their issues, and cooperating with them and helping them is also among the religious obligations, and it is the the duty of every Muslim to help his compelled and oppressed brother according to his capacity. Likewise if in any place oppression and injustice happens on his brothers, then it is also among his duty to raise his voice against it. If he cannot stop injustice and not hold the hand of the oppressor, then at least he can raise his voice against it or cooperate with the people who are doing efforts to stop this injustice.

Nowadays Muslims face oppression and injustice in many countries where their lives and honour are in danger. In such conditions supporting them and raising our voices and turn the attention of the world towards them is an action of piety and goodness. Muslims are ruled and oppressed in Kashmir, Afghanistan and Palestine, and they are badly stuck in the traps of oppressors.

In current times, rallies and demonstrations (Julus or Muzahire) are part of efforts against oppressors, so if one has the intention to participate in these rallies and demonstrations that it will raise a voice against oppression and the oppressor will be unveiled, then it is not only permissible but in some conditions necessary (zaroori), and whether actions of injustice, oppression or any action against Islam occur by a Non-Muslim or someone who calls himself a Muslim, it is the obligatory (Fardh) for every Muslim to protest (Ihtijaj karna) against both of them in an effective manner. And if the intention is correct, then this person will also deserve reward and recompense.” (Fatawa Sirat e Mustaqeem” p 542-543, published by Maktabah Quddusia)

Is it permissible to vote for a secular party?

Question: In the probable next elections in Pakistan, is it permissible to vote for a secular party or a non-religious party or not?

Answer: Pakistan is a Muslim country which was established on the name of Islam but unfortunately the efforts to turn it in an authentic Islamic state (Sahih Islami Riyasat) after the passing of 35 years were not successful. It is obligatory for every Muslim to make efforts to make Pakistan an authentic Islamic country and implement the Islamic Law in it, and his right of vote or using his vote is part of these efforts. Hence we should only vote for those parties or individuals that are bound to Islam, are sincere for the implementation of the Islamic system (Islami Nizam) and they possess knowledge of the authentic teachings of the Quran and Hadith. One should absolutely not vote in an Islamic country for a secular or a party which has a non-Islamic mentality. Vote is an Amanah (trust) and misusing it is a great crime and sin. (Fatawa Sirat e Mustaqeem” p 523-524, published by Maktabah Quddusia)

Should we read the prayer of thankfulness (Shukranah)?

Question: Muhammad Basheer from Birmingham is asking what is the correct manner to perform Sajdah Shukr (prostration of thankfulness)? In our area, when some teams win matches, we see some players falling into prostration on the playing field, is this manner correct or should they pray the prayer of thankfulness (Shukranah)?

Answer: the custom of the prayer of thankfulness (Shukranah ki Namaz) or what people call “Namaz e Shukr”, this has no mention in the Quran and Sunnah, and it is apparent that a prayer whose description and number of Rak’as have no mention from the Prophet (saw), it is not correct to use one’s opinion or analogy to establish it, hence the prayer of Shukranah has no evidence in the Islamic Law. Yes prostrating to Allah and expressing thankfulness to Him at an occasion of success or joy is a legislated matter which has proofs from the Prophet (saw).

It is mentioned in “Sunnan An-Nasa’i” from Abu Bakrah that the Prophet (saw) would perform a prostration of thankfulness (Sajdah Shukr) when the news of a success or a difficulty being removed would reach him (saw). This Hadith mentions that once the Prophet (saw) had put his head on the leg of ‘Aishah and was resting, then a person came to inform the Prophet (saw) of the victory of a Muslim army over its enemies, so the Prophet (saw) stood and then fell into prostration and performed a lengthy prostration.

Another narration mentions that when ‘Abdullah ibn Mas’ud, at the battle of Badr, brought the head of Abu Jahl to the Prophet (saw), he (saw) performed a prostration of thankfulness. Likewise, when Abu Bakr As-Siddiq was informed of the victory of the Muslims at Yamamah, he also performed a prostration of thankfulness. Ka’b ibn Malik (rad) and his companions who did not go to the battle of Tabuk, when their repentance was accepted and he heard the news of it, he did a prostration of thankfulness.

These evidences make it clear that when a favour is bestowed upon a person such as wealth, children, a house and others, he can perform a prostration of thankfulness, likewise for victory over the enemies, success in a difficulty and removal of a hardship. Such a prostration is a recommended action (Mustahhab).

The prostration of thankfulness has no particular manner like the prayer, like the prostration of Tilawah, one should say “Allahu Akbar” and go into prostration and recite Allah’s praise and glorification. There is no evidence of Raful Yadayn (raising the hands) or sitting in Tashahhud or giving the Salam.

The conclusion is that there is no evidence for the prayer of thankfulness (Namaz e Shukr) but the prostration of thankfulness (Sajdah Shukr) is established. Therefore, if a Muslim player at the victory falls on the ground into prostration, not only this is permissible but rather it shows a good characteristic.” (“Fatawa Sirat e Mustaqeem” p 192-194)

The reality of asking Imam Bukhari to intercede for the acceptance of invocation?

Question: Muhammad Aslam writes from Maidstone Jail: “I have in my possession the first volume of Sahih Al-Bukhari and the biography of Imam Bukhari is mentioned at the beginning under the title “Preliminary Words” and it is mentioned at the end about the benediction of the mausoleum of Imam Bukhari that after the completion of the funeral prayer of Imam Bukhari, when sand was put on his grave, for a time the smell of musk was present on it and people would take the sand for benediction (Tabarruk) for this time. Abul Fath Samarqandi mentioned that two years after the death of Imam Bukhari, there was a drought in Samarqand, people performed the prayer for rain (Istisqa) on many occasions and made invocations but no rain would come, until a pious person went to the judge of the city and advised him to take the people to the grave of Imam Bukhari and invoke Allah (Ta’ala) there and maybe Allah (Ta’ala) will grant it. The judge accepted this advise and the people went to the grave and invoked (Allah) with great humility and asked Imam Bukhari to intercede (to Allah) for the acceptance of their invocation, and at this time clouds appeared and rain poured continuously for seven days.

Now this shows that if invocations are not accepted, then one can go to the grave of a Wali (friend of Allah) and can invoke (Allah) and ask him to intercede, while I read on many instances in the magazine “Sirat e Mustaqeem” that going to the graves, making invocations there and taking intermediation (Waseelah) there is not permissible. My friends are arguing with me that you are against going to the graves while it is written in a book of Hadith that one can go to graves and invoke there. What I understand is that it is certainly in a book of Hadith but this incident is not a Hadith so if people start to go to mausoleums, this matter does not make it permissible, if you could please shed light on this matter according to Quran and Hadith?

Answer: The incident quoted by Aslam Sahib about Imam Bukhari, we should know that this incident is not from Sahih Al-Bukhari nor it can be called Hadith, rather those who authored the biography of Imam Bukhari and recorded many incidents of his life, they have quoted this incident related to his grave after his death.

Secondly we should keep in mind that to prove something in the religion and Islamic law, only Quran and Hadith can be presented as evidences, as for anything else, the statement of any great person is accepted if it is in accordance with the Quran and Sunnah, and his statement which contradicts the fundamental sources, meaning Quan and Hadith, will not be accepted, whether the matter is related with someone’s life or is an incident that occurs after his life.

Now the incident mentioned in the introduction of the first volume of Sahih Al-Bukhari within the biography of Imam Bukhari, and which has been mentioned by the questioner, it mentions two matters:

First: The perfume of musk coming from the grave of Imam Bukhari

Second: People going to the grave of Imam Bukhari and invoking there and their invocation being accepted through the intercession of Imam Bukhari.

1) The first point is that these two matters are historical incidents and even if we were to accept their authenticity, they cannot be evidences and proofs like the Quran and Hadith. Perfume coming from the sand of the grave is not an impossible matter, but it does not prove that we should seek the fulfilment of needs at graves where perfume of musk is smelt or other good matters appear. If a good matter appears then it is linked to the actions of the person buried there. Also it does not mean that the person buried in a grave where no perfume appears, is not a pious person or his actions are not good. Only Allah (Ta’ala) knows the true wisdom of such matters. There are many pious and saintly people in the world whose graves and mausoleums do not have perfume or when people invoke (Allah) for rain there, it does not lead to rain falling, so Na’uzubillah (we seek refuge in Allah) it does not mean that these people are not pious or their actions were not good, so what it means is that such things cannot be evidences to do or not to do an action.

(Tr: Shaykh Mahmood Ahmad Mirpuri does not intend to say that building mausoleums are allowed but that only ignorant people build them on the graves of saints and scholars without these scholars’ permission, and that invocations on such mausoleums are not all answered by Allah)

2) The second point is that even if we were to consider the incident of going to the grave and invoking and then rain came as authentic, it would not constitute a religious evidence for us. The followers of other religions will tell similar incidents about their elders, religious leaders and places they consider as places of benediction and similar things and they will tell you that such a matter happened to us or such a need was fulfilled by going to such place or by the intercession of such respected figure, so it does not mean that we rush to such places. The foundation of our religion is not based on such incidents rather on the Quran and the Sunnah, but it is unfortunate that nowadays many forms forms of Shirk have been invented in Muslim societies based on true or fabricated incidents. The incident mentioned is among such, no matter of the Islamic law is established by telling something to the judge of a city or by the action of a king or by people going to the mausoleum of Imam Bukhari, and sometimes such incidents are trials and Allah (Ta’ala) tests their creed through such whether they will suffice themselves with Allah alone or will go here and there.

For us an evidence is if such incidents are told to happen in the life of the noble Prophet (saw) or at least at the time of the noble companions that they went to invoke for rain or any other need at the noble grave of the Prophet (saw), rather what we witness is the opposite. Imam Bayhaqi mentioned in his Sunnan (Tr: It is “Dalail An-Nubuwwah” of Imam Bayhaqi, see quote of Ustadh Raza Hasan after this Fatwa for the full narration) and Imam Ibn Taymiyah in “Iqtida As-Sirat Al-Mustaqeem” the following event: When Tustar was conquered in the time of Omar (rad) then in the treasure of Hurmuz there was a corpse (which was attributed to the Prophet Daanial) which would be taken out in the days of drought and rain would come. By the command of Omar (rad), 13 graves were dug in one day and at night he (corpse attributed to the Prophet Daanial) was buried in one of them and all graves were levelled in the same manner so no one could recognise his grave and thus he would not be worshipped.

As for the mercy of Allah upon the people of truth, then it manifests on the living and the dead, so it can occur on Prophet Daanial and also on the Prophet (saw), and all the Prophets and saints take benefice from His mercy rather sinners like us live under the shade of His mercy. As for taking evidence from this for grave worship, then none sought help (istighathah) from Prophet Daanial and nor it is correct to do it now, rather Omar (rad) hid it in such a manner that none at the time could know where it is nor someone today knows where it is. Making it lost is an evidence that the companions would consider seeking help and succour (Isti’anah or Istighathah) from graves as impermissible. The ruling of Omar (rad) was not contested by any companion, so this makes it clear that they had a consensus against these polytheistic actions, else when they would not appreciate some matters, they would inform Omar (rad) about it.” (As quoted in “Ziayarat Quboor” of Shaykh Salafi)

Hence it is not permissible to go to graves to see help, for the fulfilment of needs or removal of calamities. The visits of the graves told by the Prophet (saw) and the companions contain the purposes of remembering death and invoking for the forgiveness of the deceased person buried in the grave. The forms of visit which are not established by the Sunnah, we cannot declare them permissible.” (“Fatawa Sirat e Mustaqeem” p 59-63)

Addendum from the article Raza Hasan, slightly modified:

The Famous Taabi’ee Abu al-Aaliyah (rahimahullah) said:

“When we conquered the city of Tustar. We saw a bed in the Bayt ul-Maal of Al-Hurmuzaan upon which a deceased man was laying. Near his head was a Mushaf; we took the Mushaf and brought it to Umar ibn al-Khattaab (radiallah anhu). Umar (radiallah anhu) called Ka’b al-Ahbaar (rahimahullah) who then translated it into Arabic. I was the first person among the Arabs who read that mushaf. I recited it like I would recite this Al-Qur’aan.

I (the narrator) asked Abu al-Aaliyah: ‘What was in it?’

He replied: ‘It contained your (i.e. the Muslim Ummah’s) Seerah, your matters, your Deen, the style of your talk, and some things about the future.’

I asked: ‘So what did you do with the man?’

He replied: We dug up thirteen different graves during the day. And when the night approached, we buried him and levelled all the graves so that the people do not find out and so they don’t dig him back up.

I asked: What did the people used to ask from him?

He replied: When the sky would be restrained on them (meaning, when it would not rain), they would take his bed out in hope of getting rain.

I said: Who do you think was that person?

He said: It was a man (Prophet) named Daaniyaal (peace be upon him).

I asked: How long do you think had he been dead?

He replied: About 300 years (It seems 3000 has been changed to 300).

I asked: Had his body changed at all?

He replied: No, except for a few hair that fell from his head, indeed the bodies of the Prophets are neither worn out by the earth nor are they eaten by the wild animals.”

[Seerat Ibn Ishaaq (P. 66-67), Dalaa’il un-Nabuwwah of Bayhaqi (1/382), Chain Hasan]

In another narration, Anas bin Maalik (radiallah anhu) said:

“When the Sahaabah conquered Tustar. They found the body of a man in a coffin whose nose was (as big as) an arm. The natives used to seek dominance and rain from him (by exposing his body to the sky as explained in the narration above). So Abu Moosa wrote a letter to Umar ibn al-Khattaab explaining him the situation. So Umar wrote back saying: Indeed this is a Prophet from the Prophets. The fire does not eat the Prophets, nor does the earth. Umar told him and his companions to search and bury him in a place about which no one would have the knowledge of other than them. He said: So me and Abu Moosa went and buried him.”

[Musannaf Ibn Abi Shaybah (33819), Chain Saheeh]

Benefits:

1- The Blessed Body of a Prophet of Allah, Daaniyal (peace be upon him) is found and he is secretly buried in a place so that no one finds out! Why? Because Umar ibn al-Khattaab and his noble companions being the Wahhaabees that they were, didn’t want anyone to get into Shirk and Bid’ah by doing all sorts of things to him!

2- The natives used to seek his Tabarruk (seeking benediction) and Waseelah (intercession)! If this was something allowed, then the Companions would not have deprived the people from doing the same from his body!

3- If invocation, prayer, Tabarruk, or Waseelah near the graves was a virtue, or a Sunnah, or even Mubah (permissible) for that matter, then the Muhaajireen and Ansaar would have nailed their flags on that grave, they would have made invocations near that, and would have also given the same facility for the people after them.

4- The same was the case with the Noble Taabi’is (students of companions). They had access to the graves of thousands of Companions in various cities and countries, but they never asked anything near the grave of a companion, neither asked their waseelah, nor sought rain through them. And it is well known that if they had done this, they were fully able to transmit them, for indeed they have transmitted even those minor things to us that are of not much significance.

Note by Ali Hassan Khan: Ahl e Hadith do not deny Karamat of saints rather affirm them as told by Shaykhul Islam ibn Taymiyah in “Al-Aqidah Al-Wasitiyah” and Mutazilah deny Karamat. As for the incident of perfume of musk coming from the grave of Imam Bukhari, many major Ahl e Hadith scholars narrated it in their biographies of Imam Al-Bukhari without any objections, such as Shaykh AbdusSalam Mubarakpuri in “Seerah Al-Bukhari” p 144 with the notes of Shaykh Abdul Aleem Bastawi, published by Nashriyat, or Shaykh Muhammad Azami Ansari in his “Tazkirah Al-Bukhari” p 58, published by Maktabah Al-Faheem, and Shaykh Suhaib Hasan mentioned it in his lecture on the biography of Imam Bukhari, but of course such Karamat are not an evidence for seeking benediction from the sand of such graves or any other non-legislated actions.

What is the difference between Taraweeh and Tahajjud?

Q: Chaudry AbdurRasheed writes from Slough: “Could you explain in light of the Quran and Hadith whether a person can pray Tahajjud in a night after having prayed Taraweeh and Witr? Are Tahajjud and Taraweeh two names for the same prayer? Taraweeh is prayed before going to sleep and Tahajjud is prayed after waking up from sleep. Some people say that it is permissible to pray Tahajjud after having completed Taraweeh and Witr.

A: In reality Taraweeh and Tahajjud are two names of the night prayer. What is prayed as Nafl in the night after waking up has been called Qiyam Al-Layl and Tahajjud and when this prayer is prayed in Ramadan before sleeping, it has been interpreted as Qiyam Ramadan or Taraweeh, so ordinarily Qiyam Al-Layl has been called Tahajjud and Qiyam Ramadan has been called Taraweeh.

From the following verse, we come to know that Tahajjud was declared obligatory upon the Prophet (saw): “And from [part of] the night, pray with it (Tahajjad bihi) as additional [worship] for you” (Bani Israil 17: 79)

Many Ahadith support the view that Tahajjud prayer is considered as Taraweeh prayer in Ramadan. It is collected in Tirmidhi, that Abu Zarr narrates:

“We fasted Ramadan with the Messenger of Allah (peace and blessings of Allah be upon him) and he did not lead us in qiyaam at all until there were only seven days left, when he led us in prayer until a third of the night had passed. When there were six days left, he did not lead us in qiyaam. When there were five days left, he led us in prayer until half the night had passed. I said, ‘O Messenger of Allah, I wish that you had continued until the end of the night.’ He said, ‘If a man prays with the imaam until he finishes, it will be counted as if he prayed the whole night.’ When there were four nights left, he did not lead us in qiyaam. When there were three nights left, he brought together his family, his wives and the people, and led us in qiyaam until we were afraid that we would miss al-falaah. I asked, ‘What is al-falaah?’ he said, ‘Suhoor. Then he did not lead us in qiyaam for the rest of the month.’ (Translator note: Shaykh Albani said after mentioning this Hadith: “An authentic Hadeeth reported by all the compilers of the Sunnah and others. It is referenced and verified in (my book) Salat it Taraweeh (p 16-17), Saheeh Sunnan Abee Dawood (1245) and Irwaa ul Ghaleel (447) (The Night Prayer in Ramadaan, p 24, English translation of “Qiyam Ramadan” translated by Isma’eel Alarcon and published by al-Ibaanah)

Now this Hadith clearly indicates that the Prophet (saw) performed Qiyam for the whole night until the time of Suhoor came close, so the question arises: When did he pray Tahajjud prayer? As indeed he spent the whole night praying Taraweeh with the noble companions.

Another narration makes it clear that in Ramadan, the Tahajjud that the Prophet (saw) used to pray would be performed in the form of Taraweeh. Then when Aishah was asked about the night prayer of the Prophet (saw), she replied that he (saw) would not pray more than 11 Rak’at in Ramadan or other than Ramadan, so this clearly indicates that Tahajjud and Taraweeh are the same prayer and in Ramadan, it was called Taraweeh.

Also there is no sense to pray Tahajjud in Ramadan after having prayed Taraweeh with Witr, as Witr should be the last prayer of the night according to the narration of Jabir (rad) from the Prophet (saw):

“Whoever fears he cannot stand for prayer at the end of the night, let him perform Witr prayer in its beginning. Whoever hopes to stand for prayer at the end of the night, let him perform Witr prayer at its ending. Verily, prayer at the end of the night is witnessed, and that is better.” (Sahih Muslim)

Hence those who pray Tahajjud outside Ramadan, they should also pray Witr at the end. In conclusion, this prayer was Tahajjud which the Prophet (saw) and the noble companions prayed with fervour in Ramadan and it is Taraweeh. As for praying Tahajjud after Tarawih, there is no proof or evidence apparently for it. Yes those who desire to pray more Nawafil, then there is no prohibition on them nor is there any set number of Rak’at for their Nawafil. But such people who wish to pray more Nafl in late night, then they should delay Witr and should not pray Witr with Taraweeh rather pray Witr after completing extra Nawafil. This is what is better”

(Fatawa Sirat e Mustaqeem p 293-296, edition Maktabah Quddusia)

Are the prayer of Taraweeh and prayer of Tahajjud the same prayer?

Q: Muhammad Saleem Khan Kamilpuri wrote from Bradford asking whether Tahajjud and the prayer of Taraweeh are the same or different prayers? Those who consider them as different prayers, what is their evidence?

A: In our times the night prayer is generally known as Taraweeh prayer but in Hadith the word “Taraweeh” is not used in any place for this prayer, rather “Salah Ramadan”, “Qiyam al-Layl” or “Qiyam Ramadan”, and Aishah (rad) was asked about it:

“From Abi Salamah ibn AbdirRahman, he asked Aishah how the prayer of the Messenger of Allah (saw) was in Ramadan, and she replied: “He would not increase in Ramadan and in other than it from 11 Rak’at” (Fathul Bari v 3 Kitab At-Tahajjud p 343, Hadith N 1147)

This Hadith proves 2 matters:

First: the number of Rak’at of the night prayer of the Prophet (saw) is 11

Second: Outside Ramadan, he would pray Tahajjud in 11 Rak’at.

As for the issue whether the Tahajjud and Taraweeh are the same prayer or different prayers then our claim is that in Ramadan these 2 prayers were the same because Tahajjud was called Qiyam Al-Layl and Aishah (rad) was asked about the night prayer in Ramadan and she gave the reply quoted above, Those who claim that the Prophet (saw) would pray in Ramadan Taraweeh separately and Tahajjud separately, it is up to them to prove the the Tahajjud and Taraweeh of the Prophet (saw) were different. They can only say that Aishah (rad) mentioned Tahajjud and Taraweeh separately but the question is: Did the Prophet (saw) pray them separately? There is no evidence for it.

It is beneficial at this point to mention some quotes of respected Hanafi scholars. Shayh Anwar Shah Kashmiri said: “We cannot but accept that his (saw) Taraweeh was 8 Rak’at and it is not established in any narration that he (saw) prayed Taraweeh and Tahajjud separately in Ramadan” (Al-‘Arf Ash-Shazi p 309)

Imam ibn Al-Humam Al-Hanafi wrote: “The conclusion from all of this is that the standing in Ramadan for prayer is 11 Rakah according to the Sunnah that he did” (Fath Al-Qadeer Sharh Hidayah li Ibn Al-Humam 1/407 published in Quetta)

Among other great Hanafi scholars, we count Imam Tahawi, Allamah Ayni, Mulla Ali Qari and Shaykh AbdulHaq Dehlwi, who all accepted that the Sunnah consists of 11 Rak’ah for Taraweeh while praying more Rak’at is also permissible.

(Fatawa Sirat e Mustaqeem, p 296-298, Maktabah Quddusia)

Using toothpaste while fasting

Q: Is it permissible to use Miswak or brush (tooth paste) while fasting?

A: The permission of using Miswak while fasting is mentioned in Hadith and there was no distinction between a dry or wet Miswak. Hence if we can use a wet Miswak, then we can also use toothpaste, yet we should be careful that its effect does not reach the throat or the stomach

(Fatawa Sirat e Mustaqeem, p 301, Maktabah Quddusia)

Can we give the meat from Qurbani (Udhiyah) to Non-Muslim?

Q: Muhammad Ayub from Birmingham asked whether we can give Qurbani meat to non-Muslims? Also if you could clarify that if a sacrifice is done on behalf of a dead person, shall it all be given to the poor or can we keep some of it?

A: The meat from Qurbani or Aqiqah can be given to anyone, it is not like Sadaqah which is only given to the poor and destitute person. Likewise there is no clear text in the Shariah indicating that that we cannot give Qurbani meat to Non-Muslims, rather the Quan proves that Qurbani meat can be given to every person, whether he is a Muslim or a disbeliever.

“Feed the needy [who does not seek aid] and the beggar” (Al-Hajj: 36)

As for what is related to sacrifice on behalf of the dead, then there is no condition in the Quran and Sunnah that the meat from the sacrifice done on behalf of the dead should only be given to poor and destitute person. Qurbani, on behalf of whomever it is done, everyone can eat from it. It should be mentioned that in places where poor people reside, a share should be kept for them, and in a place where there are no poor or relatives, one can keep all the meat for himself.

(Fatawa Sirat e Mustaqeem p 313-314, Maktabah Quddusia)

Can we write 786 instead of “Bismillah”?

Q: Our parents taught us to write 786 at the beginning of a letter or a text and that its power is that same as the Kalimah but a Molvi said that it was wrong and from his side, he instructs to write 92/786, could you please shed light on this?

A: Writing “Bismillah” at the beginning of a text is a Prophetic Sunnah. In the same manner as the etiquettes of eating, drinking and others things have been taught to Muslims, in the same manner we count writing Bismillah among the etiquettes of writing, but in some areas of the subcontinent, there is the custom of writing 786 instead of Bismillah, and up to now I don’t understand the reason behind it as there is no religious evidence for it. So for us, writing 786 or 92/786 instead of Bismillah is useless and against the Sunnah. The original way is to write “Bismillah” at the beginning of a writing. It is usually claimed that people do not preserve letters, hence to prevent disrespect towards the name of Allah, we will write 786 as a replacement, and this is wrong due to many evidences:

1. First because 786 cannot be a replacement for Bismillah in anyway, this claim is totally erroneous from its basis, no word or number can be a replacement for Bismillah because it is not established from the pious predecessors that they would count the numbers of Bismillah and use this number in their writings and doing such would give the meaning of Bismillah or that it’s aim would be reached.

    

2. As for their claim that they fear disrespect for the name of Allah and that is why 786 should be written instead, then it means that the words “Allah” and “Muhammad” should not be used in the letter, yet we see in the same letters starting with 786 the mention of the word “Allah” in many places without any fear of degradation for the name of Allah.

    

3. The letters sent by the Messenger of Allah (saw) to non-Muslims started with the words “Bismillah” and “Messenger of Allah” while there was no expectation of respect of these letters by them, yet out of fear of degradation he (saw) did not abandon the words “Bismillah” and “Allah” to replace them with the numbers of these words. Sulayman (aleyhi Salam) when he wrote a letter to Queen Saba, she was a disbeliever at the time, and yet he wrote “Bismillah” in the letter and not its number. Allah (Ta’ala) said: “Indeed, it is from Solomon, and indeed, it reads: ‘In the name of Allah , the Entirely Merciful, the Especially Merciful” (Naml: 30)

In light of all these evidences, the issue becomes very clear, there is no place according to the religious law to write 786 or 92/786 instead of Bismillah, rather Bismillah should be written in its entirety.”

(Fatawa Sirat e Mustaqeem p 320-323, Maktabah Quddusia)

Is Ghaibanah Namaz Janazah (Funeral prayer in absentia) proven from the Prophet (saw)? Is it permissible to pray more than once on a dead person? Is it allowed to conduct the funeral prayer in a Masjid?

Questions:

1. Is Funeral prayer in absentia allowed? Please clarify according to Quran and Hadith. If such is permissible, please mention the names of some Akabir (great figures) whose funeral prayers were conducted in absentia by those who respected them for many days in different places or countries after their death?

2. It is said that the funeral prayer of a dead person should only be conducted once but all the dead person whose bodies are sent back, their funeral prayer is conducted here and also in Pakistan. What is the religious ruling regarding this?

3. Is taking the dead body to the Masjid and conduct his funeral prayer there Makruh (disliked)?

(N.M. Lodhi, High Wycombe)

Answers:

1) The funeral prayer in absentia is among the topics in which there is scholarly difference between jurists. According to Imam Shafi’i, Imam Ahmad ibn Hanbal and the majority of the Salaf, it is permissible to pray funeral prayer in absentia while Ahnaf do not allow it. Imam Ibn Hazm states that the prohibition of the funeral prayer in absentia is not established by any companion.

Those who allow the funeral prayer in absentia or praying the Janazah of the absent, their strongest evidence is the Hadith: “The Prophet (ﷺ) offered the funeral prayer for Ashama, the Negus, with four Takbir” and in other words “”Today a pious man from Ethiopia (i.e. An Najashi) has expired, come on to offer the funeral prayer.” (Jabir said): We lined up in rows and after that the Prophet (ﷺ) led the prayer and we were in rows.” (Bukhari and Muslim) (Fath Al-Bari v 3 Kitab Al-Janaiz Bab Takbeer ‘ala Janazah Arba’an p 561 N Hadith 1333)

This Hadith shows apparently that the Messenger of Allah (saw) received the news of the demise of Najashi, he prayed his funeral prayer in absentia. Those who are not in favour of Funeral prayer in absentia say that the Prophet (saw) prayed Najashi’s funeral prayer in absentia because his funeral prayer was not prayed there. Anyway there is evidence of funeral prayer in absentia in this Hadith and there is no mention of the reason, so we cannot say that this prayer is particular for Najashi and after him it cannot be prayed for an absent person.

Yes it is necessary to clarify that there is no proof of political kinds of funeral prayer in absentia whose purpose is to gather people purely for protest and the funeral prayer in absentia is made as a means towards it, and straight after the prayer, foul speech and insults are thrown, such can only be called a political funeral prayer, this is not the way of a religious funeral prayer.

As for the question whether there were among great personalities (Akabir) some whose funeral prayer in absentia were conducted for many days in different countries, then I cannot mention many examples from the Salaf due to not having here many books of history and biographies. I will mention the example of Shaykh Al-Islam Imam ibn Taymiyah whose funeral prayer in absentia is mentioned in books of history with the following words: “His funeral prayer in absentia was conducted in most Islamic lands, those close and those far away, even in Yemen and China, and travellers informed that in far away places of China, there were calls on Friday prayer: “As-Salah ‘ala Tarjuman Al-Quran” (come to pray the funeral prayer for the exegete of the Quran”.”

In recent past, the funeral prayers in absentia of Shaykh Hasan Al-Banna Shaheed from Egypt, Qaid e Azam Muhammad Ali Jinnah, Molana Abul Kalam Azad and King Faisal were conducted in many countries and in many cities, with people of all countries and schools of thoughts participating in them.

Hence taking evidence from the Hadith of Najashi, we can establish the permissibility of funeral prayer in absentia, but the issue established from one incident, it is not necessary that there should be many examples of it afterwards because for the permissibility, one or one and half incident can be an evidence, but making it a permanent custom or considering funeral prayer in absentia as necessary is absolutely not correct.

2) Praying more than once upon a deceased person is established by Hadith, the following Hadith is collected in “Mishkat” from Sahih Al-Bukhari and Muslim: “Allah’s Apostle passed by a grave of a deceased who had been buried at night. He said, “When was this (deceased) buried?” The people said, “Yesterday.” He said, “Why did you not inform me?” They said, “We buried him when it was dark and so we disliked to wake you up.” He stood up and we lined up behind him.” (Bukhari and Muslim) (Fath Al-Bari v 3 Kitab Al-Janaiz p 454, N Hadith 1247)

This Hadith demonstrates that after burial, conducting again funeral prayer is correct, and it is apparent that if it is allowed after burial then there cannot be a preventing factor for praying more than once before burial. Hence if the dead is carried to Pakistan and funeral prayer on him is carried on him again, it is absolutely permissible and there is no religious reason to prevent it. It is narrated about Ali (rad): “Ali prayed the funeral prayer of a dead person after he was prayed upon”.

3) There is difference of opinion between jurists about conducting the funeral prayer in the Masjid. According to Ahnaf, praying the funeral prayer in the Masjid is Makruh while for Imam Shafi’i and Imam Ahmad, it is permissible. There is also one narration of Imam Malik allowing funeral prayer in the Masjid. Their evidence is the narration: From Aishah, she said when Sa’d b. Abu Waqqas died: “Bring him (his body) into the mosque so that I offer prayer for him”. But, this act of hers was disapproved. She said: “By Allah, the Messenger of Allah (ﷺ) offered prayer in the mosque for the two sons of Baida’, (ie) for Suhail and his brother.”” (Muslim v 1 Kitab Janaiz p 400)

Hafiz ibn Hajar mentions in “Fath Al-Bari” a narration from ibn Abi Shaybah that Umar (rad) prayed the funeral prayer of Abu Bakr (rad) in the Masjid and Suhaib (rad) read the funeral prayer of Umar (rad) in the Masjid.

Ahnaf based themselves for the absence of permissibility on the Hadith collected by Imam Muhammad in “Muwatta”: “Funeral prayer should not be conducted in the Masjid”, while other scholars of Hadith ruled this narration as weak. According to some, if the body is outside the Masjid, its funeral prayer can be conducted in the Masjid. In conclusion the school of thought of the majority of scholars allow praying funeral prayer in the Masjid.

(Fatawa Sirat e Mustaqeem p 255-259, Maktabah Quddusia)

How did the event of the moon Splitting occur?

Question from Wajid Ali from Northampton: I heard many times that the Prophet Muhammad Mustafa Ahmad Mujtaba (saw) pointed towards the moon and it split into two. Could you elaborate on this. I don’t have any link with science, if Islam says something, I will believe in it. According to science, the moon was seen before the Prophet (saw) as half and the moon was also seen fully.

Answer: The Khawariq ‘Adat (matters breaking natural laws and norms) that are manifested upon the Prophets are called Mu’jizat , which is on one side an evidence of their truthfulness and on the other hand it is a favour of Allah upon them. The creed of the believer in all eras has been that Allah is the only one to have complete control of everything in the creation, so whatever He desires, He does Tasarruf (exercises control), others cannot oppose Him or cannot enter in this matter.

Likewise the particularities and powers given to different things are also given by Allah and He is capable of taking them back. Drowning in deep water, burning by entering the fire, bones breaking when falling from a mountain, if Allah wants, he can take away these powers, He can deprive the fire from burning and can deprive the water from drowning. Matters against Adat (norm) occur in such a manner at the hands of noble Prophets according to the order of Allah.

Science is related to knowledge and reason which are limited, and there are increases, additions and changes to it but it cannot contradict the Quran and neither does the Quran deny scientific knowledge, but even according to scientists nothing is definitive. Few years ago some matters were signs of progress and nowadays they are useless. Today’s scientists have proved the theories and views of many previous scientists as false and we don’t know what sayings of today’s scientists will be declared as erroneous and obsolete by future scientists, as complete knowledge only belongs to the essence of Allah, and the rest has the possibility of defect.

The living and permanent miracle of the Prophet (saw) is the noble Quran, whose similar was not brought before an cannot be brought up to the resurrection, and despite the decline and state of weakness of Muslims, this miracle is present with its complete status, and it contains the same potential to guide humanity as it did 1400 years ago. With this, many other miracles were mentioned in the Quran and Hadith among whom we count the splitting of the moon.

The first verse of Surah Qamar, Allah said: “The Hour has drawn near and the moon was split (in two)”

It is mentioned in Sahih Al-Bukhari that when the people of Makkah requested the Messenger of Allah (saw) to bring a sign, then he showed them the moon in two pieces until the mountain of Hira could be seen between them (meaning there was such a distance between the two parts).

(Tr: Narrated by Anas ibn Malik: “The people of Mecca asked Allah’s Messenger (ﷺ) to show them a miracle. So he showed them the moon split in two halves between which they saw the Hira’ mountain.” Sahih Al-Bukhari, Kitab Manaqib Al-Ansar)

It is narrated in Musnad Ahmad that the disbelievers seeing this said that “Muhammad did magic upon us” but some among them said that people coming from outside confirmed the splitting of the moon so he can’t do magic on them all.

We consider that in the same manner as everything in the creation proves the essence of Allah, the moon splitting in two parts where it shows the truthfulness of the Messenger of Allah (saw), it is also an expression of the power of the essence of the Lord (Ta’ala). The system of the Sun, the moon, the stars, the day and night are all under His control and choice, they all operate under a particular system by His command. Whenever He wishes, he can bring a change to it and whenever He desires, He can terminate it. Hence there is no need to worry about it, such events make the faith of believers upon the essence of Allah stronger and more firm.

What you wrote that the moon was seen before the Prophet (saw) as half and sometimes as full, then this is correct as the moon is seen in different forms according to its rotation in different days of the month, and there is no change in it but it is known from Hadith that at the time of the Prophet (saw), the moon did not split into two in this manner, that it was seen as half in some parts of the day and as full in some other parts of the day, rather in the same day and at the same time, people saw the parts of the moon, both parts were separated and Ahadith mention the distance between them and informs us that the mountain of Hira came in the middle of both part, so the splitting of the moon was shown at a particular time and for a certain period.

(Fatawa Sirat e Mustaqeem p 98-101, edition Maktabah Quddusiya).

Children being Imam in Ramadhan

Question: In Ramadhan some young children lead the prayer, especially the prayer of Tarawih, some people complain that the prayer is not valid behind them a they have not reach the age of puberty. Is it true that the prayer is not valid behind them?4

Answer: There is a difference of opinion between the Imams of the religion, some declare it permissible and some declare it impermissible and some differentiate between the obligatory (Fardh) and voluntary prayer (Nafl), meaning non adolescent being an Imam in an obligatory prayer will not be permissible but in a voluntary prayer like Tarawih, he can lead the prayer.

But we learn from a Hadith that there is no difference between obligatory and voluntary prayers, and if he has the ability to be the Imam, then he can lead the congregation and it is correct to pray behind him.

In a Hadith, Amr ibn Salamah said: “They, therefore, put me in front of them and I was only a boy. And I wore a mantle, Whenever I was present in the gathering of Jarm (name of his clan), I would act as their Imam” (Sunan Abi Dawood translated, Kitab Salah, Man Ahaqu bil Imamah p 267, N Hadith 582)

The essential role of the Imam is the knowledge of the Quran and its recitation, Amr ibn Salamah was at the time approximately 6 years old and he was appointed as Imam as he was the best at reciting the Quran, and it is true that most reciting behind him were noble companions.

Hence it is better that if there is no one of older age who can read the Quran in a better manner and there is only a child, then the child can be an Imam in both obligatory and voluntary prayers. Yes, if there is a scholar of older age or a Hafiz, then it is better to avoid making a child as Imam.

(Fatawa Sirat e Mustaqeem p 305-306, edition Maktabah Quddusiya).

Is it allowed to declare a Non-Muslim (ghayr Muslim) as disbeliever (Kafir)

Question: Is it correct to declare someone Kafir (whether he is Christian or Jewish)? What is your view on declaring a Muslim as Kafir (disbeliever) or Munafiq (hypocrite)?

Answer: As for declaring Christians and Jews as Kafir, then the Quran clearly declared them as Kafir. It is evident that those who not only rejected the Prophethood of our Messenger (saw) but also show animosity towards him, there is no about them being Kafir.

The Quran states: “Indeed, those who say, “Allah is the Messiah, son of Mary,” have fallen into disbelief” (Al-Maidah: 17)

“Those who say, “Allah is one in a Trinity,” have certainly fallen into disbelief” (Al-Maidah: 73)

As for declaring a Muslim as a Kafir or Munafiq, then it is absolutely not permissible. If a Muslim acknowledges Kufr or denies one of the fundamental beliefs of the Shariah, or declares Halal as Haram or Haram as Halal, then in these cases, he can be declared as Kafir, but without clear Kufr but only weakness in action, we cannot declare someone to be a Kafir. We will quote here statements of the Messenger of Allah (saw) regarding someone who declares Muslims as disbelievers:

Abdullah ibn Umar mentions that the Messenger of Allah (saw) said: “Any man who says to his brother, ‘O disbeliever [kaafir],’ it will apply to one of them. Either it is as he said, otherwise it will come back to him” (tr: Sahih Al-Bukhari) meaning its faith will be wasted.

The second Hadith, Abu Dharr (ra) narrated: That he heard the Prophet ﷺ saying, “If somebody accuses another of Fusuq (by calling him ‘Fasiq‘ i.e. a wicked person) or accuses him of Kufr (disbelief), such an accusation will revert to him (i.e. the accuser) if his companion (the accused) is innocent” (Tr: Sahih Bukhari).

These two Ahadith clarifies the situation of the person who declares Muslims to be disbelievers”

(Fatawa Sirat e Mustaqeem p 551-552, edition Maktabah Quddusiya)

Note: The beliefs, statements and actions that amount to Kufr are mentions in Books of scholars, in books of Fiqh in the chapter of apostasy, with the conditions required before declaring someone a Kafir.

Can we donate to a religious or political party?

Question: From East Ham Muhammad Rafeeq wrote: “Is it permissible to donate to a political or religious party. There are many religious parties. There is only one religion but these parties have made many religions and they work from donations as the government does not give them any grant and some of these parties bring harm to the religion. If they work sincerely for the religion, there should not be any sectarianism (Firqah Wariyat) but up to now there are many parties who look at Muslims with hate and love the non-Muslims. My aim is: is it allowed to donate to such parties?

Answer: Regarding donation or financial help to a religious, political or social party, then the Quran states clearly:

“Cooperate with one another in goodness and righteousness, and do not cooperate in sin and transgression” (Al-Maidah: 2)

So this Quranic principle is regarding cooperating with an individual or a party. If you consider that they are bringing a religious or wordly benefit and they are not opposing any ruling of the Shari’ah, then you should help this party.

If some groups have some works against Islam and they also do some good works, then there is nothing wrong in cooperating with them in good and pious works. Yes if by cooperating with them there is the fear that their bad aspects will spread or they will start to do something wrong with the donations, then you should not cooperate with such people.

The people, who instead of spreading the pure religion, spread sectarianism (Firqah Wariat) and hate, and through them there is the fear of spreading Fitnah and corruption among Muslims, one should not help financially such groups, and in contrast to them, you should favour parties who spread purely the Book and the Sunnah and are working for Ittihad and cooperation between Muslims.

Hating Muslims and loving Non-Muslims cannot be from the actions of Muslims, Islam teaches love for everyone and especially more love towards brothers sharing the same creed. Islam is against hate. In behaviour, non-Muslims also deserve respect but they don’t deserve love and friendship of the heart. Establishing love of the heart towards the enemies of Islam and hating Muslims is a serious crime.

The Quran states: “O believers! Do not take My enemies and yours as trusted allies” (Al-Mumtahanah: 1)

So it is known that the Non-Muslims who have hatred and despise towards Islam and Muslims, and are working to bring harm to Muslims, Muslims cannot take them as friends. As for mixing with them with good behaviour, acting with justice and fairness with them, and helping them in difficulty, this is essential for every human being.

In conclusion, helping a party or an institute whose actions bring harm to Islam and Muslims and put the Islamic personality in danger, we should not cooperate with them as it entails the domain of sin and transgression.

(Fatawa Sirat e Mustaqeem p 527-528, edition Maktabah Quddusiya)