Articles

Do we Need A New Understanding of Islam?
Author : Dr. Mohammad Al-Khalayleh
Date Added : 01-03-2015

Do We Need A New Understanding of Islam

 

 

Islam is Allah`s religion which He has approved to all mankind and through which he has sealed heavenly laws, completed virtuous behavior, and observed man`s nature and honor on this earth. It is so clear that it is understood by people from different backgrounds. Allah Says in the Noble Quran (What means): "Say thou: "This is my way: I do invite unto God,- on evidence clear as the seeing with one’s eyes,- I and whoever follows me. Glory to God! and never will I join gods with God!" [Yousef/108]. In light of the gruesome events befalling our nation at this critical time along with the acts committed in the name of Islam, some calls have emerged and these promote drawing a new map to Islam based on a new understanding of it. Unfortunately, these calls found a fertile soil for their growth due to the previously mentioned acts from which Muslims themselves have suffered before others. Therefore, are we really in need for a new understanding of Islam through drawing a new map to it and rephrasing texts of the Quran and Sunna (Prophetic tradition)?

Such calls contain a great deal of extremism that outweighs that which we are already facing. The repercussions will be so disastrous that the door will be wide open for more extremism and violence through providing different pretexts for extremists and everyone who has a tendency for extremism. These calls will appear as an invitation to waging war against Islam and a golden opportunity to attack it, and may be they are already as such whether their proponents had good intentions or not.

Undoubtedly, we are in a dire need to carry out serious reconsiderations of our understanding to Islam. If we are to define the nature and form of these reconsiderations, then we had better say that today we are in need for a sound understanding of our religion and its texts, and that we should start filtering it from impurities and ideas which are taken for granted by some scholars and  laymen. As a result, these have infected the Islamic mind with illnesses, which influenced our methodology of thinking and understanding. Thus, these acts and repercussions were a definite result for such illnesses.

Sound understanding of Islam must be built on sound bases: First, adherence to the Quran. Second, sound adherence to the Prophet`s Sunna. Third, sound understanding of their texts in light of the overall rules and intentions of Islamic Sharia in alienation from any deviations, distortions, or subjective interpretation of texts to support a certain thought or belief, or justify a certain act. This understanding must also be based on the rules and principles of Ijtihad (independent reasoning), and the suitable Ijtihad of earlier scholars, which are connected with the principles of Islamic Sharia and takes the wants and needs of this era into consideration, and agree with the overall  intentions and rules of Islamic Sharia.  By Filtering lots of opinions, acts of Ijtihad, and books of Jurisprudence in general, I don`t mean deleting them altogether, rather, intend to make their reader realize that they targeted a certain time or circumstance that doesn`t fit our era; or they came within the framework of an act of Ijtihad that had deviated from the methodology of sound understanding to the nature of our religion and its relation to life. This filtering doesn`t harm us or undermine our Islamic jurisprudence or belittle its status, God forbids, because Al-Imam Ahmad (May Allah have mercy on him) said that opinions of scholars are either adopted or dismissed except those of our Prophet (PBUH). Therefore, it isn`t permissible to shed blood, violate peoples` honor and usurp their properties based on some scholars` views which contradict the texts of the Quran and the Sunna as well as the overall intentions of Islamic Sharia. Such views are even regarded more sacred than the Quran and the Sunna through being adopted as a basis for reasoning instead of the Quranic texts, the sound Sunna and the methodology of Ijtihad which is based on sound understanding.

We must realize that since the death of our Prophet (PBUH) until today, our history has witnessed many scholars, Mujtahideen (Those who resort to independent reasoning), and thinkers, who did their best within the frame of their daily life, community and time. Thus, it isn`t acceptable for any group or sect during any stage of our history to impose the view of a particular scholar on others as the true religion which can`t be subjected to Ijtihad or interpretation and which should be imposed with the sword as a mercy to all creatures!! Nowadays, our Islamic world is actually witnessing a living example of this.

Yes, today we are in need for a sound understanding of Islam, but not a new one because sound understanding paves the road for our nation to overcome its illnesses and achieve its renaissance. And Allah Knows Best.

 

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Summarized Fatawaa

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted 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.

I bought an apartment, and I am saving money to pay the remaining balance of its price — is zakāh obligatory on this money?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on all saved/hoarded wealth. Once the total wealth reaches the niṣāb (minimum threshold liable for zakah— equivalent to the value of 85 grams of pure 24-karat gold) and a full ḥawl (lunar year) has elapsed over it, zakāh becomes obligatory at a rate of (2.5%) — even if the wealth is earmarked for basic future needs, and even if the wealth's owner is in debt. Debt does not prevent the obligation of zakāh, nor is it deducted when calculating the zakāh due, based on the general and unrestricted wording of all the Qur'anic verses commanding zakāh, which draw no distinction between someone in debt and anyone else.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone possesses exactly the niṣāb, and owes an equivalent amount in debt, zakāh remains obligatory on what is in his possession, and the debt does not prevent this obligation" — meaning, the obligation of zakāh on what is presently in his possession.
The ḥawl (annual cycle) recognized for zakāh, as well as for the other sharī‘ah obligations that Allah, the Exalted, has imposed upon Muslims, is the Hijrī (lunar) year. And Allah, the Exalted, knows best.

Is it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.