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The Day of Ashura'
Author : An Article by His Grace Dr. Mohammad Al-Khalayleh
Date Added : 19-09-2018

 

 

The tenth day of the Sacred Month is called Ashura' according the majority of Muslim scholars, such as Saeed Ibn Al-Mosaib, Al-Hassan Al-Basri, Malik, Ahmad, Isaac among others, since Ibn Abbas (May Allah be pleased with them) narrated: "The Messenger of Allah enjoined fasting the tenth day for the  Day of Ashura." [At-Tirmithi]

 

Some narrations on fasting the aforementioned day:

 

1. Ibn Abbas narrated: "I never saw the Prophet (PBUH) seeking to fast on a day more (preferable to him) than this day, the day of 'Ashura', or this month, i.e. the month of Ramadan." [Agreed upon].

 

In his commentary on the aforementioned Hadith, Al-Hafez Ibn Hajar (May Allah have mercy on his soul) said: "In terms of reward, the day of Ashura' is the best day to be fasted after Ramadan. However, Ibn Abbas (May Allah be pleased with them) said: "according to what he heard:" Fasting the day of Ashura' atones the sins of the preceding year, and fasting the day of Arafah atones the preceding and the current year. Ibn Abbas is of the view that the reward for fasting the day of Arafah is greater than that of Ashura'. However, he combined them in his narration, although fasting the former is obligatory while fasting the latter is recommended, to indicate that a person will be rewarded for fasting both. This is because the meaning of (seek), as mentioned in the narration, is intending and desiring to fast the day of Ashura` to gain the whole reward.

 

Ibn Omar (May Allah be pleased with them) said: "In Jahiliyah' (Pre-Islamic period of ignorance), we used to observe fast on the day of Ashura`.But, when fasting at the month of Ramadan was prescribed, the Messenger of Allah (PBUH) said: "This is one of the days of Allah; he who wishes may fast on it." [Agreed upon].

 

2. Aisha (May Allah be pleased with her) narrated: "During the Pre-Islamic Period of ignorance the Quraish used to observe fasting on the day of 'Ashura', and the Prophet (PBUH) himself used to observe fasting on it too. However, when he came to Medina, he fasted on that day and ordered the Muslims to fast on it. When (the order of compulsory fasting in ) Ramadan was revealed, fasting in Ramadan became an obligation, and fasting on 'Ashura' was given up, and who ever wished to fast (on it) did so, and whoever did not wish to fast on it, did not fast. [Agreed upon]. In addition, Al-Imam An-Nawawi (May Allah have mercy on his soul) said (What means): "The majority of the Muslim scholars are of the view that fasting the day of Ashura' is a recommended deed, not an obligation."

 

3. Moreover, Abu Qatada reported that the Prophet (PBUH) said (What means): "fasting on the day of 'Arafa may atone for the sins of the preceding and the coming years, and I seek from Allah that fasting on the day of Ashura may atone for the sins of the preceding year." [Moslim].

 

 

The Wisdom behind fasting it:

 

The day of Ashura' is the day in which Allah, The Exalted, saved His Prophet Musa and his people from the Pharaoh and his army. As an act of thankfulness to Allah, Musa fasted that day. Our Prophet (PBUH) has fasted that day and commanded Muslims to do so where he (PBUH) said (What means): "We have more right to Musa than you do."

 

Actually, the Prophet (PBUH) along with all the members of the Muslim nation have more right to Musa and other Prophets and Messengers than non-Muslims, because they respect, adore and believe in all of them (Prophets and Messengers) without any sort of distinction or preference; constituting a patron to their religion (Islam), the religion of Allah, The Lord of The Worlds.

 

Prophet Mohammad (PBUH) recommended fasting this day since it reflects a great wisdom, among others, and that is: Allah's religion is one and Prophet Muhammad (PBUH) was sent to complete this message.

 

Is it reprehensible to fast only the day of Ashura'?

 

Ibn 'Abbas reported that when the Messenger of Allah (PBUH) fasted on the day of 'Ashura and commanded that it should he observed as a fast, they (his Companions) said to him:  "Messenger of Allah, it is a day which the Jews and Christians hold in high esteem. Thereupon the Messenger of Allah (PBUH) said: When the next year comes, God willing, we would observe fast on the 9th But the Messenger of Allah (PBUH) died before the advent of the next year." [Moslim].

 

 

Furthermore, Al-Hafeth Ibn Hajar (May Allah have mercy on his soul) said (What means): "When the Prophet(PBUH) intended to fast the 9th day: This implies fasting  it in addition to the 10th in order to free ones-self from the liability or, according to the closest interpretation, to do contrary to the Jews and Christians. This is according to many narrations by Moslim and Ahmad who reported the following traceable Hadith that Ibn Abbas narrated, The Prophet (PBUH) said (What means): "Fast the day of Ashura' contrary to the Jews; by fasting a day before or after it." And this was the last narration in this regard. And Allah Knows Best.

 

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Summarized Fatawaa

What is the ruling on combining more than one intention in the prayer, such as combining the *sunnah* of wuḍūʾ with the pre-Dhuhr *sunnah*, or combining the *sunnah* of greeting the mosque (*taḥiyyat al-masjid*) with the pre-Dhuhr *sunnah*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:
First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.
Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.
It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”
Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.

What is the ruling of Islamic Law on working in hotels?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible to work in hotels, restaurants, and shops in jobs that involve no direct handling of forbidden things and do not assist in them, such as administrative work.
As for jobs in which one directly handles forbidden things or assists in them, such as serving, transporting, or purchasing alcohol, receiving payment for it, or agreeing to buy it, working in them is forbidden, based on the saying of Allah the Mighty and Majestic: “And cooperate in righteousness and piety, but do not cooperate in sin and aggression. And fear Allah; indeed, Allah is severe in penalty.” [al-Māʾidah/2]
The basic nature of the work of hotels and restaurants is permissible, and the sin of any forbidden element that arises incidentally in some of what takes place in a hotel or restaurant is borne by those who run it.
The scholars have also permitted dealing with one whose lawful wealth is mixed with unlawful wealth, as previously explained in Fatwa no. (2697). And Allah Almighty knows best.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

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