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What is the ruling on car insurance in Islam? Are we allowed third party car insurance?

Summary

Ccar insurance is permissible because:

  • If it is defined as risk sharing it is permissible according to all scholars.
  • If it is risk-transferring (although it is debatable at its basic definition level), Islam allows it as long as it is based on an honest underlying contract.
  • In both risk-sharing and risk-transferring cases, insurance is a risk management strategy of joining a pool of large number of people facing the same kind of risks. Risk management is a commandment of our beloved Prophet (peace be upon him) and it is not against the belief of ‘trusting in Allah’, as is clear from the hadith of ‘tieing your camel’.

Deep Dive

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

Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh

All praise and gratitude are due to Allah SWT. May the blessings and peace of Allah SWT be upon His Messenger PBUH.

Before proceeding to give an answer as to the permissibility of car insurance in Islam, we need to look into the questions related to it.

What is an ‘insurance’?

Although various definitions have been offered, one of the most helpful is to define insurance as a mechanism (or a service) for the transfer to someone called the insurer  of  certain  risks  of  financial  loss  in  exchange  of  the  payment  of  an agreed fixed amount.  The payment is due before the contingent claim is serviced by the insurer.

Although various definitions of insurance have been offered over time, one of the most helpful provides:

“the insurance is a mechanism (or a service) for the transfer to someone called the insurer of certain risks of financial loss in exchange of the payment of an agreed fixed amount.  The payment is due before the contingent claim is serviced by the insurer.” (J. Francois Outreville)

In simple words insurance is a way to manage your risk. It allows you to avert the risk of financial losses as a result of specified but unpredictable events from an individual or entity to an insurer in return for a fee or premium. If a specified event occurs, the individual or entity can claim compensation or a service from the insurer. Insurance is therefore a means of reducing uncertainty and controlling damages by bringing in a lot of people who pay to cover their risks.

In the conventional and western definition of insurance it is stated that it is ‘transfer of risk’, however, Herbert S. Denenberg has noted,

“scholars may endlessly contend about what insurance is, whether its essential nature is transfer, pooling, some combination of the two, or something else altogether.” – The Legal Definition of Insurance: Insurance Principles in Practice

The scholars who differed on the Islamic ruling on insurance, in our opinion, differ on the essential nature and function of insurance. Those who argued that it is forbidden in Islam saw it as ‘risk-transferring’ in nature and those who permitted argued that it is ‘risk-sharing’. In our opinion it is the latter. However, to understand further an Islamic perspective on insurance we need to look into three more questions: what is the Islamic definition of a ‘risk’, what is the ruling on managing a risk, and, does Islam allow risk transfer or merely risk sharing? These will be examined in turn.

 

What is the Islamic definition of ‘risk’?

From an Islamic perspective, risk is generally defined ‘as uncertainty or the possibility of harm or loss that may arise from engaging in a particular transaction or investment’.

It acknowledges that all business activities involve some level of risk, and it seeks to manage or mitigate these risks in a manner that is consistent with Islamic principles.

Allah SWT commands in a Quranic verse:

“And spend in the way of Allah and do not throw [yourselves] with your [own] hands into destruction [by refraining].” (Al-Baqarah, 2:195)

The meaning of destruction here is very close to description of khatr (danger), which is an exposure to damage.

Risk Management in Islam

In Islam, risk management is an important aspect of personal and business conduct. It is based on the principle of mitigating potential harm and maximizing benefits while adhering to the teachings and guidelines of Islamic law. Islamic risk management aims to protect individuals, businesses, and society as a whole from excessive uncertainty and potential harm.

An example of the concept of risk management in Islam can be explained through the famous command from the Prophet (peace be upon him) to a Bedouin. The Prophet PBUH asked the Bedouin why he left the camel untied. The Bedouin answered, “I trust in Allah.” Hence, the Prophet PBUH said, “Tie your camel, then trust in Allah.” From the Hadith, it is explained that Prophet (peace be upon him) commanded the Bedouin not to leave his camel untied then trust in Allah. (Sunan al-Tirmidhī: 2517)

It clearly shows that even though everyone should rely on Allah’s will, people should always think clearly and wisely to make the best decision in certain circumstances, so long as it does not violate the Shariah.

According to the above Quranic verse and Hadith, in both cases, Allah’s will can be roughly classified as an unpleasant outcome to humans due to their actions where they are not alert to the probability of an unfavourable outcome to occur. It should be managed in the best way to reduce terrible damages. Another Quranic verse precisely shows the significance of strategic planning to control and mitigate anticipated risks. The absence of efficient risk management will harm certain parties to the extent that the risk most likely endangers one’s life. It is stated in Surah Yusuf:

([Joseph] said, “You will plant for seven years consecutively; and what you harvest leave in its spikes, except a little from which you will eat. Then will come after that seven difficult [years], which will consume what you saved for them, except a little from which you will store. Then will come after that a year in which the people will be given rain and in which they will press [olives and grapes]” (Quran, 12:47-49).

In the above verses, Prophet Yusuf AS interpreted the dream of the king of Egypt as that the Egyptians would face seven years of drought after seven years of prosperity. Hence, he advised the king to develop an economic strategy in order to overcome the upcoming catastrophe. The Egyptians had to implement the proposal by actively planting crops during the first seven years and store much of the proceeds as a preparation to face seven years of drought, as interpreted by Prophet Yusuf. As a result, the country survived the seven years of drought. Furthermore, the Prophet Ya’qub said,

“O my sons, do not enter from one gate but enter from different gates; and I cannot avail you against [the decree of] Allāh at all. The decision is only for Allāh; upon Him I have relied, and upon Him let those who would rely [indeed] rely.” (Quran, 12:67)

This verse explained Prophet Ya’qub’s advice to his sons to make the best plan and seek various alternatives so that they will not fall into danger. It depicts a variety of approaches to manage and reduce risks. In Islam, risk management is essential in financial transactions. It falls within the ambit of one of the highest objectives of Maqasid Al-Shariah (the purposes of the Shariah), which is the protection of wealth (hifz al-mal).

Following on that we present some key principles and practices of risk management in Islam:

  1. Trust in Allah (Tawakkul): Muslims are encouraged to put their trust in Allah and recognize that ultimate control over outcomes lies with Him. However, this does not mean neglecting practical measures and due diligence in managing risks.
  1. Avoidance of Prohibited Activities (Haram): Islamic risk management emphasizes the avoidance of activities that are explicitly prohibited in Islam, such as engaging in usury (riba), gambling (maysir), and speculative transactions (gharar).
  1. Due Diligence and Knowledge: Muslims are encouraged to acquire knowledge and make informed decisions when assessing risks. This involves conducting proper research, seeking expert advice, and understanding the potential consequences of their actions.
  1. Diversification: Islam encourages diversification of risks to avoid overexposure to a single source of risk. This principle is often applied in investment and business contexts, where diversifying across different industries, sectors, and asset classes helps to spread risk.
  1. Ethical and Social Responsibility: Islamic risk management emphasizes ethical conduct and social responsibility. This means conducting business and making decisions with integrity, transparency, and fairness. It also involves considering the broader societal impact of one’s actions.
  1. Prudence and Moderation: Islamic risk management encourages individuals and businesses to adopt a cautious and moderate approach to risk-taking. This involves avoiding excessive speculation, leverage, and unsustainable practices that can lead to financial instability or harm.

Is transfer of risk permissible in Islam?

In Islamic finance, the concept of risk transfer is approached differently compared to conventional finance. Islamic principles emphasize fairness, justice, and the avoidance of excessive uncertainty (gharar) and speculation (maysir). Therefore, the permissibility of risk transfer in Islam depends on the specific circumstances and the nature of the risk transfer arrangement.

In general, risk transfer is permissible in Islam as long as certain conditions are met. The key principle is that risk transfer should be based on a genuine underlying transaction and should not involve prohibited elements such as excessive uncertainty and speculation. Islam also emphasizes that a risk is not a factor of prohibition to such contracts. We note that many transactions involving risk are not allowed while many transactions not involving any risk are.  This is explained by Ibn Taimiyyah in al-Fatawa al-Misriyyah. According to him, “Allah and the Prophet PBUH allowed all risks because not every transaction which involved the probability of loss, gain, or neutral is prohibited. What is prohibited is the risk that causes one to have an invalid property. Even if the activities do not include any risk but causes to attain invalid property, they would be prohibited.

Some scholars argued that insurance leads towards having wrong intentions and acquiring impermissible properties. Our answer to that is that the insurance contracts, generally stipulate strict conditions to negate the wrong and ill-intended use of the contract. The contract will be invalid and self-contradictory if it supports the wrong intended use. As far as the speculation of its wrong use is concerned, we will say ‘speculation of a speculation proves itself to be contradictory in judgement and ruling.’

In our opinion car insurance is permissible because:

  • If it is defined as risk sharing it is permissible according to all scholars.
  • If it is risk-transferring (although it is debatable at its basic definition level), Islam allows it as long as it is based on an honest underlying contract.
  • In both, risk-sharing and risk-transferring cases, insurance is a risk management strategy of joining a pool of large number of people facing the same kind of risks. Risk management is a commandment of our beloved Prophet (peace be upon him) and it is not against the belief of ‘trusting in Allah’, as is clear from the hadith of ‘tieing your camel’.

And Allah Knows Best.

Written by Shaykh Muhammad Ramadan Al-Qadri

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Q&A

On what exactly does Zakat need to be paid? Does it include equity in the home, and money in one’s superannuation balance?

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

Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh

All praise and gratitude are due to Allah SWT. May the blessings and peace of Allah SWT be upon His Messenger PBUH.

Zakat is one of the five pillars of Islam and is considered a religious duty for all financially capable Muslims. It is an obligatory form of charity that is required to be given to those in need, obligatory on those who meet the following conditions:

  1. Being a Muslim;
  2. Possessing a minimum amount of wealth (known as the Nisab);
  3. Possessing the wealth for a full lunar year;
  4. Where the wealth which exceeds one’s basic needs and expenses;
  5. Where the wealth is productive, meaning it has the potential to increase in value.
  6. Being financially solvent, or free from debt.

The threshold at which Zakat applies, which is the Nisab, is the equivalent of 87.48 grams of gold or 612.36 grams of silver, or its cash equivalent. The amount of Zakat to be paid is 2.5% of the total wealth or assets held in possession for a lunar year. Zakat should be given to specific categories of people, including the poor, needy, those in debt, those who have recently converted to Islam, and the wayfarer.

What is wealth (Maal)?

According to the Hanafi jurists, two elements are required in order to confer the status of Maal on a thing:

  1. It should be material and susceptible to being possessed and protected. Therefore, those things upon which human control is impossible are excluded from the definition of Maal. For example, free air, heat of the sun and moonlight cannot be classified as Maal. There is clear evidence that Hanafi jurists stipulate that the thing, in order to be considered as Maal, does not actually need to be owned; rather it is sufficient, in their view, if the thing has the potential to be owned. The hunts in the desert and the birds in the sky are therefore Maal according to them, on account of their capability of being owned.
  1. The thing should have the potential for beneficial use according to the prevailing customs. Therefore, the things which are not beneficial, such as poisonous or harmful food or carrion are not classified as Maal. Moreover, things which have the potential for beneficial use but not accorded as such by the customs of the people, such as a single wheat cereal, a drop of water, or a handful of soil, are not regarded as Maal, because they have no benefit in these small units. It is important to note that the beneficial use should be judged in view of the Shariah and in context of the persistent customs under normal -not extreme – circumstances. The beneficial use in circumstances of necessity, such as the consumption of carrion for survival in severe hunger, thus, is excepted and would not confer the status of Maal on the carrion.

In light of the above-mentioned definition of Maal, we may now determine certain characteristics which qualify something as Maal:

  1. It must be naturally desired by man. In today’s terminology, it must have commercial or productive value.
  2. It must have the potential to be owned and possessed.
  3. It must have the potential of being stored.
  4. It must be beneficial in the eyes of the Shariah.
  5. The ownership of the thing must be assignable and transferable.

What are the conditions of a Muslim’s wealth that determine if they have to pay Zakat?

The six conditions of a Muslim’s wealth that determine if he or she must pay Zakat from it are:

  1. Absolute Ownership
  2. Growth
  3. Minimum quantity
  4. Abundance above need
  5. Solvency (freedom from debt)
  6. Lapse of a lunar year (or time of harvest)
  1. Absolute ownership is a legal ‘term of art’ in Islamic jurisprudence (Fiqh). It means that while Allah SWT is the true Owner of all things, He has – as a mercy, honour, safeguard against the human propensity for greed and as a test – given human beings the right as individuals to possess and control property to the exclusion of all others, such that he or she can exchange it for another asset or dispose of it without anyone else’s permission. This is a condition of Zakat, because any material asset of wealth from which one pays Zakat must be transferred into the exclusive possession, or toward the sole benefit, of an individual from one of the eight categories that God has decreed eligible for Zakat. In other words, the individual Zakat recipient, someone poor or needy (or in the case of direct benefit, one in bondage or debt-ridden) must become the only owner or reap the unshared benefit of the Zakat paid by a Muslim whom God has materially enriched.

This means that assets administered on behalf of the community, properties in a public trust, ill-gotten gains such as stolen property or interest, bad debts (until paid), and contributions (until one gains full control over them) is not liable for Zakat. Superannuation does not meet the ownership condition, because despite it sitting in an account which one may own, they do not possess enjoyment or utility of the property therein. As such, there is no Zakat on it.

  1. Growth describes two states of a person’s property: (i) An asset that provides its owner profit or material benefit, or that could if put to use, or (ii) an asset that is itself produced by growth, either as a gain or by acquirement. Hence, earnings, livestock, and agricultural material give or can give one growth. This is the meaning of the statement from the Prophet PBUH, that “Sadaqah does not diminish wealth” (Al-Tirmidhi). One pays Zakat at a fraction of surplus growth, not on the things one or one’s family personally use, like a house (one lives in), furniture, a vehicle, clothing, or tools (including books). A farmer pays Zakat on crops at harvest but not on their remaining yield, even if stored for years. Intriguingly, this adds another layer to Zakat’s linguistic meaning of ‘growth’ – alongside furnishing its payer with blessing and increase from God. At cultivation, a crop is literally growth. Stockpiled, it no longer grows, though it still holds wealth.
  1. Minimum quantity refers to the lower limits that the Prophet PBUH established as fixed thresholds at which a Muslim must pay Zakat on eligible wealth. This is called Nisab, and that is the equivalent of 87.48 grams of gold or 612.36 grams of silver, or its cash equivalent as discussed above. At today’s value, based on the silver measure, this equates to approximately $750 AUD.
  1. Abundance above need takes account of the wealth one needs for the basics of life. This makes reference to an important interaction between growing assets subject to Zakat and the Nisab threshold at which one has to pay Zakat on it. Some scholars hold that once a wealth-stream – meeting the criteria of Zakat – reaches Nisab, one pays Zakat on it at its due regardless of any other consideration. This is because (i) people do not generally use growth assets to suffice their essential living needs and (ii) growth assets present the only objective measure by which we can effectively and fairly calculate Zakat.

Other scholars (who Shaykh Yusuf Qardawi in Fiqh az-Zakat endorses, as “steeped in Zakat learnedness”) hold that since Zakat’s very purpose is to suffice the poor, needful, and deserving, it treats any wealth one uses, personally or for dependents, to meet life’s essential needs, as non-existent. These scholars note that this necessarily includes wealth in the form of money, because many people today depend on money to meet their basic life needs.

In terms of Zakat, money is a clear ‘growth’ asset. This contradicts the basis of the argument that Nisab, pure and simple, is the best measure to determine whether or not one pays Zakat on wealth. Hanafi scholars, in general, argue that Islam defines the categories of rich and needful by Nisab. One who has it, is wealthy. One who does not, is poor. And one cannot “cheerfully” pay Zakat from wealth needed to sustain oneself and one’s family. This runs counter to the spirit of Zakat, which is to be paid gladly. According to them, then, Nisab and Zakat calculation begin in the wealth one accumulates beyond the wealth used for their basic needs, and those of their households and dependents.

The Quran directly supports this opinion: ‘They ask you (O Prophet), “what part of [their] wealth they should spend (charitably).” Say: “Spend of your surplus wealth.”’ (Quran, 2:219). Furthermore, the great scholar of prophetic statements, Ibn Hajar, notes that the celebrated compiler of the most authenticated collection, Bukhari, in fact, titles a section on Zakat to make clear that the Prophet’s statement, PBUH — “There is no Sadaqah save from wealth” — sets a revealed requirement for paying Zakat. It means valid Zakat is conditioned on a man having met the basic needs of himself and his family prior to his payment of alms. Note that Islam does not require wives to support husbands and dependents.

 

How can basic life needs be objectively established?

The Nisab-centric scholars are right that assessing life needs is inevitably subjective and thus open to endless personal justification. Scholars exempting essential-living wealth from Zakat offer reasoned juristic criteria to categorise and determine what assets qualify as truly essential; that is, without these assets, basic life cannot equitably be sustained. They emphasise that this varies in time and place, and accordingly requires scholarly assessment by those learned both in Zakat and in one’s society and social conditions. Here is a three-part guideline for determining basic needs, which has been cited based on Fiqh az-Zakat as a good standard:

  • Existential needs: Those which prevent actual or likely ruination (e.g. food, water, shelter, etc).
  • Subsistence needs: (E.g. Living expenses, clothing, medicine, etc).
  • Prospective needs: (E.g. Trade tools, debt repayment, furnishings and utensils, means of transport, and even education – Islam considers the absence of knowledge as a form of destruction).
  1. Solvency means freedom from debt. Most Islamic jurists hold that debt eliminates one’s Zakat obligation – or at least reduces it – because it carries a priority of repayment. This ruling grows out of the first condition for wealth, that is, absolute ownership. The creditor is the actual owner of the debt, or at least shares in the ownership, and two people cannot pay Zakat on the same wealth. If a debtor is likely to repay the debt, the creditor pays Zakat on it (either at its due or when they receive its payment). A debtor, on the other hand, whose debt takes them below the Zakat threshold (Nisab) is, in fact, eligible to receive Zakat, by the decree of God. It is significant to note that one must have proof that verifies their claim of debt.

Most Muslims today live in the absence of Zakat collecting authorities who would normally personally assess one’s discernible wealth and determine one’s due Zakat. Muslims ought to assess their own indebtedness and pay Zakat on any remaining wealth after deducting their debts. One should break these debts down into two major categories, in order of priority:

1. Debts to God

a. Past years of overdue Zakat.

b. Payments of expiation for worship violations.

2. Debts to people

In the matter of recurring debt payments (e.g. mortgages, unsecured debt such as credit cards and the like, deferred Mahr payments), there is dispute about their deductibility as debt. It may be safer for one to assess one’s Nisab and calculate one’s due Zakat as a right to the poor despite these, if one is paying them as a matter of course without undue threat from delinquency (i.e. legal, economic or personal risk). It should be noted that Islam does not condone excess consumption beyond basic needs as legitimate debt, may God forgive us for our excesses.

  1. Lapse of a lunar year

A Muslim pays Zakat once a year on the profit (or, rather, the potential of it) from eligible wealth. There are two types of property categories to consider:

  1. Designated growth holdings: Business assets and stores of value (including money, precious metals, gems, livestock, etc.)
  2. Gains from earth: Cultivated produce like crops, fruits, and anything extracted from the earth.

The lunar year as the zakat due date

On the first type of wealth — growth assets — the passing of a complete 12 months of the Hijri calendar, the Islamic lunar year, occasions one’s Zakat due date. It is a fixed deadline. One can pay in advance of it (even by years) according to estimate (and then reconcile any shortfall at the actual Zakat due date), but one cannot miss it without incurring sin.

One calculates a Zakat year from whatever date one’s Zakat-eligible wealth reaches the minimum threshold of Nisab for that type of wealth until an entire 12 Hijri months pass.

 

Profit on principal during the zakat year

Whatever profits or gain comes from one’s principal wealth during that Zakat year gets added to that principal for the purposes of calculating Zakat payment at the principal’s same original due date. One does not start another lunar year on these additional assets, be it profits or birth from livestock, even if it is the day before the due date.

Different kinds of wealth can have different zakat due dates

If one receives a different kind of Zakat-eligible wealth, most scholars say that one starts a new calculation of a year for its Zakat due date. Some say one should pay Zakat on it upon receiving or add it to one’s Zakat payment if they have an established Zakat accounting year.

The same kinds of wealth can be added to zakat due dates for ease

If one takes possession of a new asset that is the same as an existing kind of wealth — such as adding gold to gold, or sheep to sheep — the Hanafis and Malikis hold that it can be added to the existing wealth and that Zakat be paid on it at that existing wealth’s due date. This facilitates less confusion and therefore ease, and the Shariah chooses ease. On the other hand, the Shafi’is and Hanbalis contend that one can start a new Zakat-year calculation on newly acquired wealth.

Finally, the following notes have been provided to directly address, in summative form, the initial prompt’s second part:

Note 1: Zakat is not applicable to superannuation funds or contributions made to these funds. This is because superannuation funds are considered as retirement savings and not part of an individual’s current wealth.

Note 2: If the mortgaged house is the primary residence, there is no Zakat obligation on it. Furthermore, if it produces any income, there will be Zakat on the income.

And Allah Knows Best.

May Allah the Almighty make you and I among those who listen to advice and follow the best of it, and may Allah the Almighty’s blessings and peace be upon our master Muhammad and his family and companions. Ameen.

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Q&A

When our deeds are placed on the scale on the Day of Judgement, if our good deeds outweigh the bad, will we still be recompense for our bad deeds?

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

Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh

All praise and gratitude are due to Allah SWT. May the blessings and peace of Allah SWT be upon His Messenger PBUH.

We know that Paradise is the purest place and only pure people will enter it. Allah the Almighty said: ‘Those whom take them in death the Angels (when they are) pure saying, “Peace (be) upon you. Enter Paradise for what you used (to) do.” (Quran 16:32). Allah has also said: “And the keepers of Paradise will say, ‘Peace be upon you! You have become pure (be glad and rejoice), and enter it to dwell here forever.’” (Quran 39:73). It is also known and agreed upon that anyone with sins and disobediences is not pure. In order for one to enter the purest Paradise he/she needs to be purified and perfumed from those sins and misdeeds.

This purification is either in this world with four things, or in the grave with three things, or on the resurrection day – in the land of Judgment with four things. If not purified with those things and sins stand on him/her, there is no escape from Hell Fire. May Allah Almighty protect all of us from it. Ameen.

The four things, by which the scrutiny and purity takes place in the worldly life:

  1. Repentance (al-Tawbah)
  2. Seeking forgiveness (al-Istighfar)
  3. Good deeds that erase bad deeds (Amal al-Hasanat al-Mahiyat)
  4. Calamities that expiate (al-Masa`ib al-mukaffirah)

If the above-mentioned four deeds were performed frequently in one’s life and the person had been purified of their sins, they could be among those whom the angels take to death as pure and clean. If these four deeds did not fulfill the purification and rid of sins, for example, repentance was not sincere, or seeking forgiveness was not perfected by giving up sins completely and having remorse for them, then, with the mercy of Allah SWT, the process of a Muslim’s purification will continue to the next step in the grave with three things:

 

  1. The prayers of the Muslims upon deceased and their seeking forgiveness for him/her and their intercession. The Messenger of Allah PBUH said: “There is no Muslim who dies, and forty men, who do not associate anything with Allah, offer their funeral prayer, Allah will accept their intercession for him/her (and forgive him/her).” (Imam Muslim Hadeeth 940)
  2. A tedious trial of a deceased Muslim in the grave, squeezing, rebuke, and other types of torment in the grave.
  3. The gifts sent to him bytheir Muslim brothers and sisters in the form of duas, seeking forgiveness, supplications, charities, Hajj, fasting and other good deeds performed ontheir behalf and fortheir rewards.

If the trails in the grave do not meet the scrutiny requirements then the purification from the sins will be continued to the Day of Resurrection with four things:

 

  1. The horrors of the Day of Resurrection.
  2. The severity of the situation on that day.
  3. The intercession of the intercessors.
  4. The forgiveness of Allah – the Almighty.

Note: The scale and weighing the deeds is among the horrors of Day of Judgement which will help the believers to cleanse the sins.

If the above-mentioned three stages do not complete the purification, then there is no way left for purification but entering the bellows. With His ultimate mercy the Most Merciful might forgive the sinner or send them to the fire, so the fire will be a purification for their impurities. The stay in it will be according to the size, intensity, and accumulation of impurities. Once their impurities come out, their gold is purified and they become pure, they will be taken out of Hell and admitted to Paradise (Madarij al-Salikin, ibn Qayyim al-Jawziyyah, p. 102).

 

So, if sin is committed, haste to repent, otherwise the punishment for that sin will pursue you in this world, in the grave, or on the Day of Resurrection, except that Allah the Almighty forgives. The Messenger of Allah PBUH recommended the necessity of hastening to repent, by saying: “Be God-conscious wherever you are, and follow up a bad deed with a good deed that will erase it, and treat people with good manners.” (Al-Tirmidhi, Hadith 1987).

The believer who is punished by Allah Almighty for their sin in this world is very lucky one because the torment in this world is easier than the torment of the Hereafter. It was narrated by Anas ibn Malik RA that the Messenger of Allah said: “When Allah the Almighty wanted His servant, the good, He will quickly punish him in this world, but when He wants with His servant evil, He withholds their sin from him until he fulfils it on the Day of Resurrection.”(Al-Tirmadhi, Hadith 2396).

A person is not punished twice. Whoever is punished in this world with a legal punishment or a calamity or the like, will not be punished in most cases in the Hereafter. Ubadah ibn Al-Samit, narrated, “We were with the Messenger of Allah in a council, and he said:

 

 “Give me allegiance that you will not worship anything besides Allah, will not steal, will not commit illegal sexual intercourse, will not kill your children, will not utter slander invented by yourself, and will not disobey me if I order you to do something good. Whoever among you will respect and fulfill this pledge, will be rewarded by Allah. And if one of you commits any of these sins and is punished in this world then that will be their expiation for it, and if one of you commits any of these sins and Allah screens their sin, then their matter will rest with Allah: If He wills, He will punish him and if He wills, He will excuse him.” (Bukhari, Hadith 3892).

 

This hadith does not indicate that the Muslim should wish for punishment for their sins in this world, but rather they must ask Allah the Almighty for forgiveness. It is not permissible, at all, to pray for hastening punishment for the soul in this world. The hadith of Anas ibn Malik (may Allah the Almighty be pleased with him) tells us that the Messenger of Allah PBUH visited a person from amongst the Muslims in order to inquire (about their health) who had grown feeble like the chicken. Allah’s Messenger (ﷺ) said:

 

“Did you supplicate for anything or beg of Him about that? He said: Yes. I used to utter (these words): Impose punishment upon me earlier in this world, what You are going to impose upon me in the Hereafter. Thereupon Allah’s Messenger (ﷺ) said: Glory be to Allah, you have neither the power nor forbearance to take upon yourself (the burden of His Punishment). Why did you not say this: O Allah, grant us good in the world and good in the Hereafter, and save us from the torment of Fire. He (the Holy Prophet) made this supplication (for him) and he was cured.” (Sahih Muslim, Hadith 2688).

 

When Allah the Almighty hastens the punishment of some of His righteous servants in this world, He wants them to repent and He purifies them with the calamities of this world instead of the torment of the Hereafter.

There is a narration of a servant who looked at a boy and contemplated their virtues. He had a dream in which he was told that you will find its consequence after a while. Forty years after that small mistake he was caused to forget the Holy Quran he memorised.

Some of the predecessors said: “The consequence of my disobedience to Allah is reflected in the attitude of my camel and wife.” (al-Da`u wal-Dawa`u, Ibn Qayyim al-Jawziyyah, p. 74)

That is because when Allah the Almighty loves someone and he disobeys Him, their affairs are made difficult for him. Allah SWT wants to save him from a punishment in the Hereafter and provides him opportunities of repentance and forgiveness.

We see many people deceiving themselves and saying: Here I committed sins, and I did not see their effect on me or my life. But these people forget that the sin is not forgotten and that they will see its effect even after a while in this world, or in their grave, or on Resurrection Day. Abu Darda`a RA said, “Worship Allah as if you see Him, and count yourselves from amongst the dead, and know that a little that enriches you is better than much that distracts you, and know that righteousness does not wear out, and that wrongdoing is not forgotten.” (Al-Bayhaqi, Shu’ab al-Iman, Hadeeth 10664).

 

On the other hand, not everyone who sinned will be punished by Allah the Almighty in this world, because if He did that, everything on earth would have been destroyed. Allah SAW says, “And if Allah were to seize people (by torment) for the (evil) deeds which they have earned, He would not spare any moving creature on the surface of the earth.” (al-Quran, 35:45).  

Know the Sunnah of Allah and if you fall into a sin hasten to repent from it and do many good deeds, as the Almighty said: “Indeed, good deeds erase evil deeds. This is a reminder for those who remember.” (al-Quran, 11:114). If you do not do that, sin will inevitably haunt you, either in this world, in the grave, or in the land of the Resurrection, unless Allah the Almighty pardons you. Always reflect on the attitude of many of the predecessors who fell into very innocent mistake and they will expiate it with a lot of freeing slaves, fasting, charity, and seeking forgiveness for fear that the sin would haunt them in their graves or the afterlife.  

Look at Umar ibn al-Khattab RA in the Treaty of Hudaybiyah, when the Messenger of Allah PBUH disagreed with his opinion and signed a treaty with the non- believers of Makkah. Umar RA became angry thinking that the treaty was unfair and would compromise on the rights of Muslims. He came to Abu Bakr Al-Siddiq RA and said, “Is he PBUH not the Messenger of Allah?” He said, “Yes”. He said, “Are we not Muslims?” He said, “Yes”. He said, “Aren’t they polytheists?” He said, “Yes.” He said, “So why have we humbled our religion?” Abu Bakr RA said, “O Umar, adhere to him, for I bear witness that he is the Messenger of Allah”. (Bukhari, Hadeeth). Umar later said, “I continued fasting, giving charity, praying and emancipating to compensate that what I said and did on that day.”

Contemplate the act of Aisha RA when she swore not to speak to her nephew Abdullah bin Al-Zubayr RA. Some of the companions mediated and requested her to speak to her nephew. She said, “I had a vow, and the vows are there to be kept”. But the companions kept her requesting until she spoke to Ibn Al-Zubayr. Allah SWT says in the Quran if you breach your oath ‘the atonement is feeding ten poor persons or providing them with clothes or freeing a slave.’ (al-Quran, 5:89). But she emancipated forty slaves and whenever she remembered her vow after that she would cry until her tears would wet her veil (Al-Bukhari, Hadeeth 6073).

So hasten to repent of sins before death, lest you taste their consequences.

 

And Allah Knows Best. 

May Allah the Almighty make you and I among those who listen to advice and follow the best of it, and may Allah the Almighty’s blessings and peace be upon our master Muhammad and his family and companions. Ameen.

 

 

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Q&A

How do I make up for missed prayers in years passed?

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

Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh

All praise and gratitude are due to Allah SWT. May the blessings and peace of Allah SWT be upon His Messenger PBUH.

It is important to mention at the outset the importance of Salah in our religion. Allah SWT says in His Book, “Verily, As-Salah (the prayer) is enjoined on the believers at fixed hours” (Quran 4:103). It is vital that the prayer is prayed as its time comes, as it is a compulsory act of worship which must be performed within a certain time frame.

As to the question: It has been responded to at in length by scholar Al-Sayyid Sabiq in his Fiqh-us-Sunnah, Volume 2. This response includes an abridged version of that one.

Concerning missing a Salah intentionally, the majority of the scholars say that it is a sin, and the missed Salah must be made up for. Imam Abu Hanifah, Imam Malik, and Imam ash-Shaf’i say that they can make up the prayer after its time has expired, and Malik and Abu Hanifah even say that if a person intentionally misses a prayer or a few prayers, then they can make up those prayers before he prays the present Salah, even if he has missed all five prayers and should, while making them up, miss the present Salah. They say that if he missed more than five prayers, he is to begin by praying the Salah whose time is present [and then he is to make up the prayers he missed]. These scholars rely on the following hadith, amongst others: “Whoever forgets to pray a salah, it is obligatory upon they pray that Salah when they remember. There is no other way that this can be made up.” (Narrated in Bukhari and Muslim). While this is the majority scholarly view, the Hanbali view dissents.

Ibn Taimiyyah’s opinion is that there is no way for one who leaves a Salah intentionally to make its Qadaa’ (to pray the missed prayer in compensation for missing it). He may, however, resort to increasing his voluntary acts.

Ibn Hazm has also thoroughly discussed this question. He bases his opinion on the words of Allah, the Exalted: “Woe unto the worshippers who are heedless of their prayers,” and, “And then there succeeded them a later generation who wasted the prayers and followed their own lusts, but they will meet with destruction.” His emphatic polemic continues,

“If one who intentionally misses a Salah could make it up later, then why is it mentioned [in the above Verses] with affliction or transgression? Of course, there is no affliction or transgression on one who delays the Salah. But the case of one who procrastinates until the last portion of its permissible time expires is quite different. Allah, the Exalted, has appointed certain times for the Fardh Salah; both the beginning time and the ending time for the Salah have been established, and there is no difference between praying a Salah before its time and praying it after its proper time elapses because, in both cases the Salah is not performed within its prescribed time. Allah, the Exalted, says: “Whoever transgresses the limits set by Allah has verily wronged his own soul!”. The principle of making Qadaa’ must be established by the proper sources of Islamic law. Legislating [in shari’ah] is not permissible, save by Allah’s authority as evidenced by His Prophet.

“If making up a Salah is obligatory for one who has left a Salah, even after its time has expired, why is it that Allah and His Messenger have chosen not to mention that fact as (surely) they did not forget it: “And your Lord is not forgetful!”. Any law that is not based on the Qur’an or the Sunnah is not valid. It has been authentically reported that the Prophet said, “Whoever misses the Asr Salah, it is as if he has lost his family and his property.” It is correct to say that if one “misses” something, he cannot make it up, for if he makes it up or could make it up, the act would not be “missed.” The entire Muslim Ummah is in agreement with the statement and ruling that if the time of the Salah has elapsed, then the Salah is “over” [i.e., “qada” in Arabic], but if one can make it up, the statement that the Salah is “over” becomes false and untrue; therefore, there is no way that it could ever be made up. The people who agree with us on this include ‘Umar ibn al-Khattab, his son ‘Abdullah, Sa’d ibn Abi Waqas, Salman al-Farsi, ibn Mas’ud, al-Qasim ibn Muhammad ibn Abu Bakr, Budail al-‘Uqaili, Muhammad ibn Sireen, Mutraf ibn ‘Abdullah, ‘Umar ibn ‘Abdulaziz, and others. Allah has left no excuse, for anyone required to perform the Salah, to delay the Salah from its proper time for any reason whatsoever, not even during times of fighting, fear, extreme illness, or travelling. Whence has the permission been obtained that one may intentionally leave the Salah until its time is finished and who has ordered that it be performed after its time and how is it that the belated Salah would be sufficient? None of this is derived from the Qur’an, Sunnah, Qiyas (analogical reasoning), and so forth.”

In light of the above extract from Ibn Hazm’s argument, it is worth noting Ibn Taymiyyah’s caution, “The scholars who say that he should make up the prayer do not say that by making it up he is absolved of sin, rather they say that by making it up his burden of sin is reduced, but the sin of missing and delaying the prayer beyond its prescribed time is like any other sin, it needs either repentance or good deeds that will erase it or other things that will waive the punishment.”

On account of all the evidence, our advice would be to make up the missed prayers with the current Fardh prayers you pray. For example, after Asr, pray an additional Qadaa’ Asr prayer, and do so for the number of years’ worth of prayers you have missed. It is then imperative you make your prayers a priority in your daily life and strive to pray all prayers as their time comes.

And Allah Knows Best.

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Q&A

If a woman (non-Muslim) gets married to a non-Muslim man, then later converts to Islam, should she divorce her non-Muslim husband?

Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh

All praise and gratitude are due to Allah SWT. May the blessings and peace of Allah SWT be upon His Messenger PBUH.

The scholars unanimously agreed that if the spouses convert to Islam together, their existing marriage will remain valid and intact, whether accepting Islam was before or after consummation of marriage. “During early Islam, the Prophet PBUH approved the marriages of people when they became Muslim.” The Messenger of Allah did not ask them about the conditions of marriage, or how it was conducted. This is an established matter with Tawattur, or ‘broad authentication’ (Ibn al-Qayyim al-Jawziyyah, Ahkam Ahl al-Dhimmah, 2:640)

The scholars also agreed that if the spouses converted to Islam together but there was a reason between them for prohibition of the marriage, such as blood relationship or through breastfeeding from same woman, a compulsory separation will occur between them for that reason.

If there is no reason between them for prohibition of the marriage and the wife is of the People of the Book, that is a Christian or Jew, then they also will remain a married couple legally, because the marriage between them was valid from the beginning, so its legitimacy will remain intact. (Badr al-Din al-‘Ayni, Al-Binayah:, 5:243).

But if the husband converted to Islam on his own and the wife was not of the People of Book, or the wife converted to Islam on her own, the jurists differed on that with four opinions. Each opinion is Islamically valid and has its Shari’ evidence.

We present the opinions with their respective evidence:

The first opinion: 

The marriage is legally valid as long as the woman does not marry another person. According to the scholars of this opinion, the marriage of the couple is not interrupted when one of the spouses converted to Islam.

This is the opinion of Ibn Taymiyyah (Majmu al Fatawa, 32:337), along with Ibn Al-Qayyim (Ahkam Ahl al-Dhimmah, 1:641).

Its evidence: 

  1. Ibn Abbas, may Allah be pleased with him, narrated: “In relation to the Prophet PBUH and the believers, the polytheists in the times of the Holy Prophet were of two types. One who were at war with the Prophet and the believers. . who were in covenant with the Prophet and believers. They did not fight with each other. If a woman of those who were at war migrated, she would not get engaged until she menstruated and purified. When she became purified from her monthly cycle, it was permissible for her to marry. But, if the husband emigrated and she did not marry anyone else, she would be returned to him” (Sahih Al-Bukhari, 5001). The expression, “she would be returned to him” indicates that the wife (being in his wedlock) will return to him even if takes a long time (Ibn Hajar al-‘Asqalani, Fath Al-Bari, 9:385).
  1. Ibn Abbas reported, “The Prophet, may Allah’s prayers and peace be upon him, returned his daughter Zainab to her husband, Abu Al-Aas bin Al-Rabea, with the first marriage, and And in another narration: “Returning his daughter Zainab to Abu Al-Aas, and her conversion to Islam was six years before his conversion to Islam after the first marriage, and he did not make the condition of witness or dowry (mahr)” (Sunan Abi Dawood (2240) and Sunan Al-Tirmidhi (1151)).

 

The inference from this hadith is that the Prophet PBUH returned his daughter Zainab to her husband, Abu al-Aas, and that was after a long time, during which the waiting period (known in Arabic as the Iddah) had expired. The Iddah is relevant in that Talaq (divorce) is generally finalised upon the completion of the waiting period.

  1. On the authority of Ibn Abbas, may God be pleased with them both, he said: “A woman converted to Islam at the time of the Messenger of Allah PBUH and she got married. Later on, her husband came to the Messenger of Allah PBUH and said, ‘O Messenger of Allah I am Muslim now and she (my wife) knows of my reversion to Islam. The Messenger of Allah took her from her second husband and returned her to her first husband (Sunan Abi Dawud 2239).

The point of inference:  The Messenger of God PBUH returned the wife when her husband mentioned that he had converted to Islam and she knew of his conversion, and he did not ask him whether they embraced Islam together, or whether he converted to Islam before her waiting period expired.  Disregarding that the separation occurred after the woman accepted Islam indicates that the Lawgiver made it absolute and inclusive for the marriage to

  1. That the Prophet PBUH did not differentiate between what was before the end of the and what followed it. Ikrimah bin Abi Jahl came to the Prophet PBUH to Medina after his return from the siege of Taif. The Prophet divided the spoils of Hunayn in [the month of] Dhul Qi’dah, while the conquest of Mecca was in Ramadan, so this was about three months, and the waiting period would have expired in it. He kept Ikramah on his marriage and did not ask his wife whether her waiting period expired or not. He PBUH also did not ask any woman about her waiting period, although many of them converted to Islam after a period during which the waiting period may have expired.
  1. On the authority of Abdullah bin Yazid Al-Khatmi, it was said: A woman from the people of Al-Hirah converted to Islam, but her husband did not, so Umar bin Al-Khattab wrote about her: “If they choose to keep her, then it is up to her, if she wishes, she can leave her husband, and if she wishes, she can stay with him.” This was narrated by Abd Al-Razzaq in his Musannaf 10083, and authenticated by Al-Hafiz Ibn Hajar in Fath Al-Bari (9:421).

The point of inference: Umar, may Allah be pleased with him, gave her the choice between waiting for him until he becomes Muslim, so she can live with him as his wife or leaving him. Umar (may Allah be pleased with him) did not set an end date, nor a waiting period nor anything else.

The second opinion: 

If one of the spouses converted to Islam before consummation of the marriage, the separation between spouses will take place immediately. But if one of them converted to Islam after consummation, then the separation depends on the of the woman.

This is the opinion held by Shafi’is (al-Umm, Muhammad b. Idris al-Shafi’I, 5:48), Hanbalis (al-Mughni, Ibn Quddamah, 7:151) and the Malikis, however, they made it conditional by stating that “if the husband accepted Islam, his non-believer wife would be presented with Islam; if she accepts it their marriage will remain intact otherwise invalidated straight away” (al-Mudawwanah, Malik b. Anas, 2:212).

 

Their evidence is that if the one who converted to Islam is the husband, then he does not have the right to keep a non-believer woman because Allah the Almighty says, “And do not hold back the disbelieving women in (your) wedlock” (Quran, 60:10). If the wife is the one who converted to Islam, then it is not permissible to keep her in the marriage of an idolater, as stated in Kitab al-Sharh al-Kabir ala al-Muqanna, Ibn Quddamah al-Maqdasi 7:595).

Their evidence that separation after consummation depends on the end of the waiting period:

  • Ibn Shihab reported that he heard that many women in the era of the Prophet PBUH remained on their lands and they did not immigrate. One of them was the daughter of Al-Walid ibn al-Mughira, the wife of Safwan ibn Umayyah. She accepted Islam on the day Makkah was conquered while her husband fled away.  Ibn Shihab mentioned a long hadith until he said: “Safwan went out with the Messenger of Allah, may Allah’s prayers and peace be upon him, while he was an infidel, so he witnessed Hunayn and Al-Taif while he was an infidel and his wife was a Muslim”. Ibn Shihab continued to say, “There were about two months between Safwan’s conversion to Islam and his wife’s conversion to Islam, and we are not aware of a single report that a woman migrated to God and His Messenger and her husband remained an infidel residing in the abode of infidelity and her migration has not separated her from her husband except when her husband immigrated and accepted before her waiting period expired(Malik ibn Anas, al-Muattah, 2002).
  • Abdullah ibn Shubrumah reported, “During the time of the Messenger of Allah, may Allah bless him and grant him peace, spouses used to accept Islam before one another. But, if any of the two converted to Islam before the woman’s waiting period expires, then the marriage remained intact, and if the husband converted to Islam after the waiting period, then there is no marriage between them.” [Abd al-Rahman bin Qasim, Kitab Hashia al-Rawdh al-Murabba’, 6:359). 

The Third Opinion:

This is the opinion of the Hanafis.  If one of the spouses accepts Islam, the other will be presented with the religion of Islam and be given dawah. If he or she converts to Islam, the marriage will remain valid. If the non-Muslim spouse refuses to accept Islam, it will be up to the Qadi alone (the judge or other Islamic authority) to make the decision to separate them.

Al-Marghinani said: “If a woman becomes Muslim, and her husband is an infidel, Islam is offered to him, and if he becomes Muslim she will remain his wife, and if he refuses, the judge separates them” (Al-Marghinani, Al-Hidaya, 2:346). If the separation was not carried out under the authority of the Qadi or another legitimately recognised legal authority (like the court) the marriage will remain intact. This is because the acceptance of Islam by one partner cannot be a logical reason for an automatic separation between spouses as some might believe. An automatic separation will not occur, because accepting Islam is by definition pure submission to Allah and His Prophet PBUH. In fact, the Hanafis state that based upon the values of Islam, the acceptance of the religion should entail a search for reasons to keep the marriage intact. An automatic separation purely due to the acceptance of Islam would therefore be contrary to fundamental Islamic social values.

Their Evidence:

  1. Yazid bin Alqamah reported that Ubadah bin Al-Nu’man al-Taghlabi was married to a woman from Bani Tamim, and she converted to Islam. Umar ibn Khattab RA offered to him to either accept Islam or be separated from his wife. He refused to accept Islam, so Umar (may Allah be please with him) separated her from from him (Ibn Abi Shaybah, Al-Musannaf, 10:237).     
  1. Al-Sarakhsi said, “A farmer accepted Islam in the times of Ali RA; he invited his wife to Islam and she refused, so Ali separated them.” (Al-Sarakhsi, Al-Mabsut, 5:46).

 

The inference from the above reports is that in the time of the caliphates of Umar RA and Ali RA there were cases in marriages where one spouse accepted Islam, and the caliph presented Islam to the non-Muslim spouse (after one of the spouses accepted Islam) in the presence of the companions and no one objected to their approaches. Thus, it became a consensus. However, the spouses refused to accept Islam and therefore Umar and Ali went through the formal separation process. We can understand that if separation between the spouses would have occurred automatically, due to one of them accepting Islam, the caliphs would have plainly stated that to be a fact or would have acted upon it. Rather, they presupposed the validity of the marriage despite the acceptance of Islam from one spouse and acted upon that by carrying out a formal separation. Indeed, this would have not been required had the separation occurred by default. Hence, some scholars say that it is not the acceptance of Islam that may end a marriage but rather the clear refusal to accept.

The fourth opinion: 

The marriage is annulled as soon as one of the spouses becomes Muslim, even if the other becomes Muslim shortly after the first, with or without the authority of a Qadi, and with no need to present Islam to the other spouse. This opinion was held by Ibn Hazm, and it is also attributed to Imam Ahmad as one of his opinions (Ibn Quddamah, Al-Mughni, 7:151).

Their evidence:

  1. The verse in Surat Al-Mumtahanah, “O believers! When the believing women come to you as emigrants, test their intentions—their faith is best known to Allah—and if you find them to be believers, then do not send them back to the disbelievers. These [women] are not lawful [wives] for the disbelievers, nor are the disbelievers lawful [husbands] for them. [But] repay the disbelievers whatever [dowries] they had paid. And there is no blame on you if you marry these [women] as long as you pay them their dowries. And do not hold on to marriage with polytheistic women.2[But] demand [repayment of] whatever [dowries] you had paid, and let the disbelievers do the same. That is the judgment of Allah—He judges between you. And Allah is All-Knowing, All-Wise” (Al-Quran 60:10).
  1. Yazid b. Alqamah said that his grandfather and grandmother were Christians, so his grandmother converted to Islam, so Umar bin Al-Khattab, may Allah be pleased with him, separated them.

 

 

The points of inference

  1. Allah forbids the return of the believing woman to the unbeliever, where ‘return’ here refers to the continuation of the marriage.
  1. Allah commanded the return of the dowry, and if the separation did not occur due to the difference of religion, he would not have commanded the return of the dowry. (Shams al-Din al-Zarakhshi, Kitab Sharh al-Zarakhshi, 5:207).

May Allah SWT keep us steadfast on the right path of Islam.

And Allah Knows Best.

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Q&A

What is the ruling on checking your compatibility with a potential partner using horoscopes or personality tests?

Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh

All praise and gratitude is due to Allah SWT. May the blessings and peace of Allah SWT be upon His Messenger PBUH.

The reading of horoscopes is an ancient practice where the angles and position of celestial objects are used as revelation to interpret an event or portray significance (either good or bad) to the birth or death of a person.

This practice stems from the Ancient Greeks. The word ōra and scopos are Greek words meaning “time” and “observer”. This practice has crept into many cultures around the world to interpret events that occur.

There are no scientific studies that have shown support for the accuracy of horoscopes, and the methods used to make interpretations are pseudo-scientific. Islamic epistemology [1] is centered on Wahy (revelation) sent to the Prophet Muhammad PBUH. This revelation is our ultimate source of truth.

It is narrated that on the day of Ibrahim’s (the son of the Prophet) death, the sun eclipsed, and the people said that the eclipse was due to the death of Ibrahim (the son of the Prophet). Allah’s Messenger PBUH said, “The sun and the moon are two signs amongst the signs of Allah. They do not eclipse because of someone’s death or life. So, when you see them, invoke Allah and pray till the eclipse is clear.” (Bukhari, 1057).

We derive from this Hadith that the movements of celestial objects aligning with an event has no significance upon our lives. Rather, it is a reminder of the greatness of Allah SWT and that one should turn to the remembrance of Him SWT.

Psychological tests based on questionnaires used to determine the behavioral patterns in an individual are Islamically permissible. This is to determine what is likely to be the temperamental inclinations of an individual due to tried and tested observations in human behavior.

Psychological tests that use elements of horoscopes to determine the personality of an individual are closer to fraudulent exploitation practices than anything near to the truth. The Barnum Effect [2] is the use of descriptions that are wide and vague enough to apply on a large portion of people, such that the victim believes there is truth in what they hear. This effect is the basis of the acceptance of beliefs pertaining to the paranormal, such as astrology, fortune telling, aura reading and some personality tests.

The Messenger of Allah said: ‘…[Whoever] goes to a fortune teller and believes what he says, he has disbelieved in that which was revealed to Muhammad.’ (Sunan Ibn Majah 639).

Therefore, we conclude by stating that both horoscopes and personality tests based on horoscopes are impermissible in Islam. It is a sin to engage in such practices. If one truly believes the outcome of a horoscope consultation, then this practice would constitute associating partners with Allah SWT. No one knows the knowledge of the unseen world except Allah SWT. If someone attends such sessions, then one needs to stop this action immediately, understand the gravity of attending fortune tellers and sooth-sayers, turn to Allah in regret and shame, ask Allah for forgiveness and make a promise to never return to such a practice.

To understand the personality of another person, the traditional method, that has been tried and proven for thousands of years is the best approach. The wali (male guardian) of a female will vet the suitor. The suitor will sit with the prospective wife, and they will learn more about each other. Both will fear Allah SWT, not lie, put on a façade or fake a personality to woo the other person. You will continually learn more about each other’s personalities after marriage and with the birth of children. No personality remains the same, it will change as you get wiser and develop a different outlook on life. You will learn to compromise when necessary for the greater good.

Seeking a definitive personality check from a prospective suitor is difficult. If you seek guidance, then seek it from Allah SWT with the Istikhara[3] prayer Insha Allah.

And Allah Knows Best.

[1] Islamic Epistemology

“The branch of philosophy or intellectual discourse that concerns with the theory of knowledge in Islam.”

Source: Lantong, A. M. (2018, January). The Islamic Epistemology and its Implications for Education of Muslims in the Philippines. In 1st International Conference on Intellectuals’ Global Responsibility (ICIGR 2017) (pp. 67-71). Atlantis Press.

[2] The Barnum Effect

“Barnum Effect, also called Forer Effect, in psychology, the phenomenon that occurs when individuals believe that personality descriptions apply specifically to them (more so than to other people), despite the fact that the description is actually filled with information that applies to everyone.”

Source: Vohs, K. D. (2007). Barnum effect. Encyclopedia Britannica.

[3] Istikhara prayer

“Our Holy Prophet (SAW) has guided his Ummah in all walks of life and in case of any confusion about decision-making he has taught prayer of Istikhara. Istikhara is offering of two Rakah of Salah and then seeking guidance of Allah through Dua’a-e- Istikhara.”

Source: Ullah, H. I., & Niaz, A. (2014). Etiquettes (Adaab) of Prayer Istikhara. Gomal University Journal of Research, 30(2), 112-116.

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Q&A

What is the time frame in which the Ishaa prayer should be offered?

Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh

All praise and gratitude are due to Allah SWT. May the blessings and peace of Allah SWT be upon His Messenger PBUH.

There are differences of opinion with the schools of thought regarding the end time of the Ishaa prayer. The difference of opinion stems out of what may seem like a contradiction between multiple Hadith narrations surrounding this topic. The most correct way to approach the matter is to understand the narrations holistically.

The prayer times are mostly derived from the Hadith of Jibreel (AS) where he prayed with the Prophet (PBUH) over two days. The first day, the Prophet (PBUH) and Jibreel (AS) prayed at the beginning of each prayer time, and on the second at the end of each prayer time.

The Messenger of Allah (ﷺ) said: Jibreel (ﷺ) led me in prayer at the House (i.e. the Ka’bah). He prayed the noon prayer with me when the sun had passed the meridian to the extent of the thong of a sandal (i.e. the sun had just passed the meridian); he prayed the afternoon prayer with me when the shadow of everything was as long as itself; he prayed the sunset prayer with me when one who is fasting breaks the fast; he prayed the night prayer with me when the twilight had ended; and he prayed the dawn prayer with me when food and drink become forbidden to one who is keeping the fast. On the following day he prayed the noon prayer with me when his shadow was as long as himself; he prayed the afternoon prayer with me when his shadow was twice as long as himself; he prayed the sunset prayer at the time when one who is fasting breaks the fast; he prayed the night prayer with me when about the third of the night had passed; and he prayed the dawn prayer with me when there was a fair amount of light. Then turning to me he said: Muhammad, this is the time observed by the prophets before you, and the time is anywhere between two times. (Sunnan Abi Dawud: 393)

However, this is not the only hadith that has been narrated regarding prayer times. There are other narrations that specify the Prophet delaying the Ishaa prayer to the first third of the night or half the night.

‘Abdullah b. ‘Umar said: We waited one night in expectation of God’s Messenger for the last prayer of the evening, and he came out to us the first third of the night had passed, or later; we did not know whether he had been occupied with family business, or something else. When he came out he said, “You are waiting for a time of prayer for which the followers of no other religion wait, and were it not that it would impose a burden on my people, I would normally pray with them at this time.” He then gave orders to the mu’adhin who declared that the time for prayer had come, and then prayed (Mishkat al-Masabih: 616).

There is also a hadith narrated by Abu Huraira where the Prophet PBUH said, “A prayer’s time [endures] so long as the next prayer’s time does not enter” (Muslim).

And in another narration, the Prophet PBUH said, “There is no remissness (or negligence) in sleep, it is only when one is awake that there is remissness when you delay saying the prayer till the time for the next prayer comes” (Sunnan Abi Dawud: 441).

From the first two narrations quoted above, one can derive that Ishaa prayer time ends with the first third of the night. However, we can also derive from the subsequent narrations that the Ishaa prayer does not end until the next prayer (Fajr) enters. This is also true as the legal rulings surrounding the timing of the prayer are in line with such timings. For example, a person who accepts Islam one hour before Fajr is obligated to pray the Ishaa prayer. In the same vein, a woman whose menses ends one hour before Fajr is obligated to pray the Ishaa prayer.

To summarise, the prayer time for Ishaa has 4 categories.

    1. Virtuous
    2. Preferred
    3. Permissible
    4. Exception

    The virtuous time for Ishaa prayer is directly after the ahan has been made and the time for Ishaa enters. However, it is permissible to wait after this time momentarily if it is for some purposes, such as to wait for a jama’ah prayer, or increase the number of people in a jama’ah.

    The preferred time to pray is after the first category to the first third of the night.

    The permissible time to pray Ishaa is until Fajr time ushers in.

    The exception is to pray Ishaa during the time for Maghreb prayer, when one combines the prayer for travel or excessive rain.

    Imam An-Nawawi has also clarified that whilst the time until the first third or middle of the night is the time of choice for performing Ishaa, the time of permissibility is until Fajr. It should be noted, however, that according to the Hanbali school, it is forbidden to delay the Ishaa prayer beyond the preferred time without a valid excuse. (Al-Bayhaqi in As-Sunan, Al-Mardawi in Al-Insaaf).

    Whilst maintaining the permissibility to pray Ishaa any time before Fajr, one should strive to pray Ishaa in its virtuous and preferred times as this is the Sunnah of the Prophet PBUH.

    And Allah knows best.

    Categories
    Q&A

    What is the etiquette of Dua? Must it be done at a certain time?

    All praise is due to Allah. May the peace and blessings of Allah be upon the Messenger of Allah, his household and companions.

    Allah SWT says in the Holy Quran: “When My servants ask you concerning Me, I am indeed close (to them)”. From this ayah, we can infer that Allah SWT is indeed very close to His worshippers and is always there to listen and answer our prayers. We also understand from this ayah that Allah SWT is directly speaking to us, calling upon us and reassuring us that He is close, without the need of anyone or anything in the middle between us and Him. We are given the blessing in this world to pray and speak directly to the Almighty. We see this in the story of the Arabian man who asked the Prophet PBUH, “O prophet of Allah, Is Allah SWT far from us? So that we have to call Him loudly in our Dua? Or is He close to us? So, we that we have to call Him in a soft or gentle voice in our Dua? The Prophet PBUH kept silent. Allah SWT then sent Angel Jibreel, with the above ayah from Surah Al-Baqarah. The meaning of the complete ayah is: “When My servants ask you concerning Me, I am indeed close (to them): I listen to the prayer of every supplicant when he calls on Me: let them also, with a will, listen to My call, and believe in Me: that they may walk in the right way.”

    This is why in Islam the power of Dua is great and it is classified as a practice of I’badah. In fact, it carries the essence of I’badah. The Prophet PBUH said: “The Dua (supplication) is the essence of worship”. In this Hadith, the Prophet used the word “Mukh” in Arabic, which translates as the “mind”. This is a metaphor used to explain the importance of Dua in I’badah, just like the importance of the mind of the human being. The mind controls and directs the body, the Dua is central to our connection to Allah and His worship.

    Allah SWT does not only listen to our prayers, but we are also rewarded greatly for seeking Allah’s help and guidance. The Prophet PBUH and the pious people used Dua as a weapon against their enemies and the enemies of their religion. Our Deen has witnessed and testified for the great importance of Dua.

    For this reason, it is important for every Muslim to understand the manner in which they should perform Dua, when the right time is to make Dua, and the do’s and don’ts of this act of worship. For the purpose of this question, we will concentrate on answering the timing of performing the act of Dua.

    In general, Dua is not limited by time or place or any specific action. The matter is basically completed when one makes the Dua and Allah hears them. Allah SWT says:

     وَقَالَ رَبُّكُمُ ٱدْعُونِىٓ أَسْتَجِبْ لَكُمْ which means “Pray to Me and I will answer you”.

    Dua in general can be made both outside of our usual daily prayers or during our prayers such as in Rukoo’ or Sujood. We are allowed to make Dua whenever we like, whether that may be during prayer, or for example while making Sujood outside prayer. We can also make it while sitting, standing, walking and in any other position we like. We must, however, refrain from making Dua or saying Allah’s name in dirty places such as toilets. However, there are a few fundamental factors and manners that make Dua more effective and are therefore recommended in Islam, such as:

        1. In Sujood, whether praying or outside of prayer. The Prophet PBUH said, “The closest that the slave comes to his Lord is when he is prostrating, so invoke Allah much (in prostration)”,

        1. In the last third of the night. In the Hadith, the Prophet says: “Our Lord, the Blessed and the Exalted, descends every night to the lowest heaven when one-third of the latter part of the night is left, and says: Who supplicates Me so that I may answer him? Who asks Me so that I may give to him? Who asks Me forgiveness so that I may forgive him?”,

        1. When facing the Qiblah,

        1. Between the Azan and Iqamah while waiting for the prayer,

        1. After the prayer,

        1. When it is raining,

        1. At Holy places, such as the Prophet’s Mosque or around the Kab’ah or Al Multazm (the area between the black stone and the door of the Ka’bah), and,

        1. When around pious people (e.g. taraweeh prayers and Quran classes, which the Angels descend upon).

      All of the above are recommended but the one that is truly crucial is the making of Dua with sincerity, humility, feeling a real need towards Allah; to start the Dua with praise of Allah, and end it with sending peace and blessings upon the Prophet. The Prophet PBUH says, “Supplicate to God whilst you are assured of being answered, and know that God does not answer the supplication which comes from a careless and inattentive heart.” It is for this reason that Ali RA famously said, “I do not worry about the answer of my Dua as I worry about how to make Dua correctly.”

      In conclusion, we should include Dua as part of our daily routines and never neglect this great opportunity which help enormously in opening the doors of goodness, doors which will never be able to open without the power of Dua. May Allah SWT allow us to make proper Dua, Dua which will be accepted by Allah the Almighty. Ameen

      And Allah Knows Best.

      Categories
      Research Articles

      The Classifications of Rulings in the Hanafi Madhab

      Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh

      All praise and gratitude are due to Allah SWT. May the blessings and peace of Allah SWT be upon His Messenger PBUH.

      Ahkam, or rulings, in the Shariah are derived from applying the methodologies of fiqh, or Islamic jurisprudence. There are different types of rulings, based on the evidence upon which the ruling is built.

      A Hukm (ruling) Shar’i or a Sharia ruling is established via ‘a communication from the Law Giver (Allah, through His Messenger)’ (Taftzani: At-Talweeh, p.40). There are two aspects to the Hukm Shar’i. When communication is made from Allah or His Prophet SAW in the form of a demand (whether this be a demand to compulsorily or optionally do something or to compulsorily or optionally refrain from something) the Hukm is called ‘Al-Hukm Al-Taklifi’ (defining law or primary law).

      The categories of al-Hukm al-Taklifi are outlined below. If the communication is made concerning a condition, a cause, or an impediment that is related to a primary demand, it is called al-Hukm al Wad’i (law of provision).

      For instance, take the verse of the Quran – ‘establish regular prayers at the sun’s decline’ (Quran: 17:78). The legal ‘cause’ of the Dhuhr prayer, as communicated by Allah in this case, is the ‘sun’s decline’. An example of a conditional case of Al-Hukm Al-Wad’i would be the requirement of wudu before establishing prayer.

      Furthermore, an example of a legal impediment would be physical or financial factors that impede upon one’s ability to carry out the hajj pilgrimage (Quran 3:97).

      The commandments of the five pillars of Islam and the rights and obligations we are owed and owe as Muslims all fall within certain categories of Al-Hukm Al-Taklifi (defining laws). These categories have counterparts with respect to prohibiting laws.

      For example, the prohibition of murder, adultery, drinking, theft and many more are also covered by the category of Al-Hukm Al-Taklifi. The implementation of these laws is the sole justification of the categories’ formulation.

      All laws that provide the option of choice between two alternatives, possess the nature of ‘Takhyeer.’ This designation is self-evident, as man has the freedom and authority to commit them or avoid them. All rulings that are deemed ‘Mubaah’ (permissible, see below) fall within this category. 

      The most important point, for our matter, is that the Defining or Primary Law is divided (according to the Hanafi School of Islamic Jurisprudence) into 11 grades, based on the strength of demand, textual proof and the scale of value contained in the demand. Here is a table that shows the grades from top (strongest demand with great proof) to bottom (weaker demands): 

      Grades of Commission Grades of Omission
      Obligatory          فرض Fardh   Forbidden            حرام Haraam
      Imperative            واجب Waajib   Condemned مكروه تحريمي Makrooh Tahreemi
      Mandatory recommendation                                                 سنة موكدة Sunnah Mu’akkadah Disapproved         اساء ت Isaa-at
      Directory recommendation  سنة غير موكدة Sunnah Ghayr Mu’akkadah Improper  مكروه تنزيهي  Makrooh Tanzeehi
      Commendable  مستحب Mustahab Uncommendable  خلاف الأولى Khilaaf-al-Awla

      *Indifferent/Permissible/Discretionary مباح / جائز  Ja’iz or Mubaah*

      Each classification and its parallel possesses the same strength of demand but in a differing direction (eg. Haraam is parallel to Fardh as they both hold the same legal strength but Haraam is a grade of omission while Fardh is a grade of commission). 

      Mubaah is optional and belongs to both – it may be committed or omitted, and there are no legal consequences for either committing or omitting a Mubaah act.

      If there is a binding demand from the Lawgiver to do something and it is definitive (Qat’i) in text and meanings, it will give the legal value of Fardh. If it is a binding demand to abandon something with the same level of proof as Fardh, it will be Haraam.

      Haram is also further divided into two:

          1. Haram li-dhatih, that which is forbidden for its own sake (such as wine, gambling) and,

          1. Haram li-ghayrih, that which is forbidden for an external reason (such as marrying a woman only to make her legal for another man, known as tahlil).

        Fardh and Haraam are two extreme grades of commission and omission proven from definitive communication (Qati’ al-Thabut & Qati’ al Dalalah) from the Law Giver. All other grades established from divine communication are lesser than definitive status.

        And Allah SWT knows best.

        Categories
        Q&A

        What are the rulings on ear, nose and body piercings in Islam?

        Allah SWT has gifted mankind with a perfect and beautifully designed body. He created humans with His two hands. Any unapproved alteration to it is strictly prohibited and stated by the Quran as the evil ‘command’ of Satan: ‘I shall command them persistently, so they will surely alter what Allah has created.’ (Quran: 4:119)

        According to the Cambridge Dictionary, a piercing is ‘a hole in the body for wearing jewellery’ or ‘the process of making a hole in the body for wearing it.’ In light of this definition the Islamic perspective on piercings may vary and the types, objectives, procedures and cultural perceptions of it within the Muslim communities may make Islamic rulings disparate. Before I explain the Islamic rulings on the ear/nose/body piercing, we need to understand the nature of the code of the Shariah and how it is derived. If you have not already, please read “The Classifications of Rulings in the Hanafi Madhab”, also available on Baseerah Forum’s website.

        According to the gradings and explanations provided in that response, we can say that receiving any kind of piercing doesn’t fall in the category of commission rulings (Obligatory to Commendable) as we don’t have any direct communication from the Law Giver (Allah SWT) on the matter. Likewise, we do not possess direct communication on the omission of the piercing (Forbidden to Uncommendable). More specifically:

            • Ear piercings for women are understood as Mubah (indifferent or permissible) due to the indirect communication from the Law Giver and the Messenger of Allah (peace be upon him).

            • Nose piercings for women are also declared Mubah by most scholars based on scholarly analogy (Qiyas).

            • All kinds of other body piercing can fall from Condemned to Uncommendable because of procedural, objective and cultural outlooks. 

          An Explanation of Islamic Rulings on Piercings:

          Ear Piercings

          There is nothing wrong with piercing the ear of a girl for the sake of adornment, as the Prophet, may God’s prayers and peace be upon him, approved it and did not forbid it. 

          It was narrated that Ibn ‘Abbas (may Allah be pleased with him) said: The Prophet (peace and blessings of Allah be upon him) came out and prayed, then he delivered a khutbah – and he did not mention any adhaan or iqaamah – then he went to the women and exhorted and reminded them, and told them to give charity, and I saw them taking off their earrings and necklaces and giving them to Bilal, then he and Bilal went back to his house.[Narrated by al-Bukhari (4951) and Muslim (884)].  

          This shows textual proof that the ladies in the times of Messenger of Allah (peace and blessing be upon him and his family) wore earrings and he did not forbid them. The maximum Shari’ grade proven is permissibility (or Al-Ibaha) because the communication from Law Giver is indirect through silent approval.

          It was also narrated that ‘A’isha (may Allah be pleased with her) said: Eleven women sat and promised one another that they would not conceal anything about their husbands … the eleventh one said: My husband is Abu Zara’ and what (can I say about) Abu Zara’? He has given me many ornaments and my ears are heavily loaded with them. … ‘A’isha said: The Messenger of Allah (peace and blessings of Allah be upon him) said: “I am to you as Abu Zara’ was to Umm Zara’.” (Narrated by al-Bukhari (4893) and Muslim (2448))

          We understand from this hadith the permissibility of wearing earrings for women, again indirectly, from the second source of Shariah, the Sunnah, as the Prophet (peace and blessings of Allah be upon him) approved of what Abu Zara’ did by filling the ears of Umm Zara’ with jewellery until they became heavy.  

          Double Ear Piercings

          From the above rulings it is also understood that there is nothing wrong with piercing the ear more than once, because the basic principle is that it is permissible and there is nothing to indicate that it is not allowed. But that is on the condition that it be in accordance with the traditions and customs of the people in your country. 

          It says in al-Mawsu‘ah al-Fiqhiyyah (29/216): 

          “The basic principle with regard to customs is that which was narrated from Ibn Mas‘ud (may Allah be pleased with him), who said: “Whatever the Muslims regard as good is good before Allah.” And in the books of Usul al-Fiqh there is that which indicates that traditions are to be taken into consideration with regard to Fiqh. For example: 

          “The scholars said: “Customs are not to be regarded as rules… rather customs are to be taken into consideration if they become prevalent and well established. There is hardly any book of Fiqh or any category of Fiqh but you see custom playing a role in forming some of its rulings.” 

          Nose Piercings

          A specific ruling regarding the nose-piercing for women is not found in the books of the Fuqaha. Therefore, many scholars in general oppose nose-piercings for women due to the absence of evidence from the Sunnah of the Holy Prophet. Ibn Hajar al-Haythami said in ‘Tuhfat al-Muhtaaj’: “It appears that piercing the nose with a ring made of silver or gold is absolutely forbidden, because there is no adornment in that except according to a small group but their opinion is not considerable.”

           However, in Hanafi Fiqh we do find some guidance regarding the ruling of the nose piercing. According to Imam Haskafi’s statement, there is no harm in piercing the ears of baby girls but regarding the piercing of nose, he said: “I have not seen it”. The statement of Imam Haskafi implies that he has either not seen the Fiqhi ruling of nose piercing or he has not seen any woman having nose piercings performed. However, Imam Ibn Abidin Al-Shami writes in explaining this comment of Imam Haskafi that: if this (nose-piercing) is something that women do for beautification and ornament purposes as it happens in some places then it will be treated as an ear-piercing. Shafi’i scholars have explicitly stated the permissibility of nose-piercings (Radd al-Mukhtar: 9/693).

          Tongue Piercings

          Piercing the tongue to put studs in is a different matter, as this is a strange matter contrary to good taste, which was practiced by non-Muslim women. Rather, it is an emblem of prostitutes in some Western countries, and it is not permissible to imitate them in it, in addition to the health damages mentioned by the doctors, and the Prophet, peace and blessings of God be upon him, says: “There should be neither harming nor reciprocating harm.” (Sunan Ibn Majah: 2341)

          Piercing other Parts of the Body

          As for piercing the navel and other parts of the body, there is no textual proof about it from the people of knowledge, and some contemporaries have held the opinion that preventing it for three reasons could be closer to the benefit of Muslim society:

          Firstly, it is unjustified mutilation and torture of the body. Secondly, women often do not need to adorn themselves like this and it is not recognized as such in primary sources or by the people of knowledge, rather it is closer to distortion than to adornment. Thirdly, this might be very clear resemblance to non-Muslim women. This is also an imitation of them in something that symbolizes promiscuity and debauchery. The Hadith forbids it; “He who imitates any people is one of them” (Sunan Abi Dawud: 4031).

          Piercings for Men

          Although the permissibility to pierce the ears of a young girl or woman is established because it is an adornment that has been tacitly approved according to the Sunnah, it is generally discouraged to pierce the ears of a boy or a man, because that comes under the heading of inflicting pain and mutilation needlessly (which is Haram by default), without any approval or exception from the authorities of Quran and Sunnah. Also, it potentially may come under the heading of imitating women (though this particular ‘imitation’ point may not apply across all cultures and times). Nevertheless, the weight of evidence demonstrates that piercing the ear for the males should generally be avoided and discouraged and cultural factors should never take precedent over the Quran and Sunnah.

          Note: There is a hadith reported by al-Tabrani in ‘Al-Mu’jam al-Awsat’ (1/133) from Ibn Abbas (may Allah be pleased with him) that one of the seven Sunnah acts for the male child is to ‘pierce his ears’, and based on this report, some scholars formulated the opinion that ear piercing is permissible for the male child. 

          When Imam Ahmad ibn Hanbal was asked about the piercings for the male, he said, “it is disliked for male child”. His student then asked him, “who disliked it”? He said, “Hariz ibn Uthman” (Kitab al-Jami’ li-Ulum al-Imam Ahmad: 8/369). Hariz ibn Uthman was considered reliable in the narration of Hadiths, but he has been criticised for his hostile attitude towards certain companions, especially Ali (may Allah be pleased with him), so this undermined his authority (Siyar ‘Alaam al-Nubala: 8/81-82). 

          There is the possibility that the practice was prevalent in some cultures, but discouraged and disliked by the later scholars based on the evidence that reached them. Even so, the above mentioned hadith also does not reach an appropriate level of authenticity with respect to establishing a ‘Mubaah’ ruling for ear piercing for the males. Clearly, the weight of evidence indicates towards caution and avoidance of piercing.

          And Allah SWT knows best.