Ijtihad & Taqlid

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What are the conditions governing the portion that must be distributed to the poor from a voluntary uḍḥiyyah (sacrificial offering)?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.

The following conditions apply to the portion distributed to the poor from the sacrificial animal:

First: It must be meat — it isn`t valid to give the poor organs or offal such as the liver.

Second: It must be given raw — cooked meat does not fulfil the requirement.

Third: It must amount to no less than half a kilogram. And Allah Almighty knows best.

What is the ruling on swimming while fasting?

Swimming while fasting is disliked (makruh) due to the risk of water entering the body cavity (jauf) through the nose, ears, or mouth, which would break the fast.

Ramadan is a month of tasbeeh (glorifying Allah), not Sibaha (swimming).

Is it permissible to combine and shorten prayers at home before traveling?

It is impermissible to combine and shorten prayers at home before traveling because a person is called a traveler once he/she departs the borders of his/her country, and offering prayer that way was originally intended to exempt a traveler. And Allah Knows Best.

What is the ruling on performing Tarawih in sets of four rak‘ahs with only one Tasleem?

It is not permissible to combine more than two rak‘ahs with a single Tasleem in Tarawih prayer. Whoever does so, their prayer is invalid. Shaykh al-Islam Imam Muhammad al-Ramli (may Allah have mercy on him) stated: "If a person prays four rak‘ahs of the Tarawih prayer with a single Tasleem, it is not valid if they did so intentionally and with knowledge [of the prohibition]. Otherwise, it becomes an 'absolute voluntary prayer' (nafl mutlaq); because it is contrary to what has been prescribed." [Nihayat al-Muhtaj, Vol.2/P.127].

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Articles

Ijtihad & Taqlid

Author : Dr. Hassan Abu_Arqoub

Date Added : 27-01-2020

Ijtihad & Taqlid

Ijtihad and Taqlid represent a controversial issue for students of Sharia. This article will provide answers for the following questions: Who is a Mujtahid? What are the requirements of a Mujtahid? What are the levels of Mujtahids? Who is a Muqalid? Whom does a Muqalid follow? Is a Muqalid obligated to follow a particular Madhab? Is a Muqalid allowed to follow other Madhabs?

First: Ijtihad

Definition of Ijtihad:

Ijtihad refers to the effort and critical thinking necessary to arrive at a properly formulated legal conclusion.

Some rulings of Ijtihad:

Ijtihad is considered a religious duty for those qualified to perform it.

Ruling when there is no practitioner of Ijtihad in a certain era:

From mental and religious perspectives, a practitioner of Ijtihad could be lacking in a certain era; be he a Mujtahid Mutlaq "Absolute Mujtahid" or not.

Ruling when Ijtihad is performed on particular aspects of Islamic Jurisprudence:

Practicing Ijtihad on certain aspects of Islamic Jurisprudence is permissible because some Mujtahids are qualified in certain areas of jurisprudence.

Ruling when a Mujtahid delivers the correct ruling or makes a mistake:

When a Mujtahid utilizes his skill of judgment and comes to a right decision, he will have a double reward, but when he uses his judgement and commits a mistake, he will have a single reward.

Ruling on nullifying someone`s Ijtihad:

It isn`t permissible to nullify someone`s Ijtihad unless it contradicts a text from the Quran or Sunna, Ijma` or Qiyas.

Second: Taqlid

Definition of Taqlid:

Taqlid is to follow the opinion of a scholar without knowing the evidence on which it is based.

Some rulings of Taqlid:

It is incumbent on the non-practitioner of Ijtihad, whether he might be an ordinary person or a scholar who didn`t reach the level of Mujtahid Mutlaq, to follow a Mujtahid, because Allah The Almighty Says (What means): "ask the people of knowledge if you don`t know" [An-Nahil/43]. However, it isn`t permissible for the Mujtahid who has met the requirements of Ijtihad to follow the opinion of another scholar.

Ruling on following another Madhab (School of thought):

It isn`t incumbent on the one who hasn`t reached the level of Mujtahid to follow a particular Madhab; rather, he may seek Fatwa from different Madhabs.

Ruling on following other than the four Madhabs:

Some scholars permitted following, on the individual level, opinions of scholars from other than the four Madhabs, but not for Fatwas and the justice system, provided that the opinions are well authenticated.

Some scholars banned following the opinions of other than the four Madhabs, because they weren`t documented, their conditions and restrictions are unknown and they didn`t reach us through many ensured lines of transmission.

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.

Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]

The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.

Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]

Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

What is the ruling on one who wiped over his leather socks (khuff) while resident and then traveled, or wiped while traveling and then became resident? And likewise, what is the ruling on one who incurred a minor ritual impurity (ḥadath aṣghar) while resident, then traveled and wiped while traveling?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

Whoever wipes over his leather socks (khuffayn) while resident and then travels, or wipes while traveling and then becomes resident, before a day and a night have passed in both cases, completes the wiping period of a resident. If he wipes while resident and then travels after a day and a night have passed, he must remove the socks, because the period has ended. Likewise, if he wipes while traveling and then becomes resident after a day and a night have passed, he must remove them as well.

Whoever breaks his wuḍūʾ while resident and then wipes while traveling takes the ruling of a traveler as regards the duration of wiping, so long as he does not become resident. It is stated in ʿUmdat al-Sālik wa ʿUddat al-Nāsik (Vol.1/p.15): “If he wipes over both [socks] or one of them while resident and then travels, or wipes while traveling and then becomes resident, or doubts whether he began the wiping while traveling or while resident, he completes only the wiping period of a resident. But if he broke his wuḍūʾ while resident and wiped while traveling, he completes the period of a traveler, whether or not the full time of a prayer had passed over him while resident.” And Allah Almighty knows best.

What are the conditions for the validity of the slaughtering process according to Sharia?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

Regarding the Sharia-mandated conditions for the validity of the slaughtering process (Adh-Dhabh), they are as follows:

The Identity of the Slaughterer: The person performing the slaughter must be either a Muslim or from the People of the Book (Christian or Jewish).

The Required Cuts: Both the trachea (windpipe/breathing passage) and the esophagus (food passage) must be completely severed.

Stability of Life: The animal must possess stable life at the start of the slaughtering process. This is identified by clear signs, such as vigorous movement or the forceful gushing of blood after the throat and esophagus are cut.

The Tool of Slaughter: The tool used must be sharp, capable of cutting or piercing by its edge and not by its sheer weight or blunt force.

And Allah the Almighty knows best.

What is the ruling on congratulating others on the arrival of Ramadan?

Congratulating others on the arrival of Ramadan is permissible.

If someone does it to express their love for worship and the blessings of Ramadan, and congratulates their fellow Muslim, they have done something good.

The Prophet ﷺ said: "Shall I not tell you something that, if you do it, you will love one another? Spread peace (Salam) among yourselves." [Narrated by Muslim]

Giving Salam is a prayer for peace and safety.