Ruling when the Friday Prayer and the E`ed Prayer Come on the Same Day

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Is it permissible for a woman who has become pure before the end of forty days of confinement to perform different acts of worship? and is it lawful for her husband to have sex with her?

Once postpartum bleeding ceases and she is certain that it won`t happen again, she becomes pure, and so she should perform Ghusl (ritual bath), pray, and fast. She can also have sex with her husband even before the end of (40) days because the minimum of postpartum bleeding is a moment, and the maximum is (60) days. However, the postpartum bleeding for the majority of women is (40) days, but this does not apply to rest of them.

Does an internal medical examination for a woman affect her fast?

An internal medical examination for a woman invalidates the fast because it involves the entry of a foreign object into the body cavity (jauf) while fasting.

In this case, the woman must refrain from eating and drinking for the rest of the day out of respect for Ramadan and make up for the missed fast after Ramadan.

Such an examination should be avoided in Ramadan and other months unless absolutely necessary, as exposing the private parts is only permissible in cases of necessity.

If necessary, a woman should seek a Muslim female doctor first. If one is unavailable, she may see a female doctor from the People of the Book (Jews and Christians). If neither is available, she may consult a trustworthy and competent Muslim male doctor.

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.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

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

It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.

The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).

We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

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Ruling when the Friday Prayer and the E`ed Prayer Come on the Same Day

Author : The General Iftaa' Department

Date Added : 14-07-2015

Ruling when the Friday Prayer and the E`ed Prayer Come on the Same Day

When the E`ed occurs on a Friday, the Friday prayer remains obligatory because the E`ed prayer is a confirmed Sunna; whereas, the Friday prayer is an individual duty. Sunnah doesn`t invalidate an obligation, nor suffices for it. This is indicated by the following verse (What means): "O ye who believe! When the call is proclaimed to prayer on Friday (the Day of Assembly), hasten earnestly to the Remembrance of God, and leave off business (and traffic): That is best for you if ye but knew!" [Al-Jum`ah/9].

At the time of the Prophet (PBUH), E`ed occurred on a Friday, so he performed the E`ed prayer as well as the Friday prayer and delivered both sermons, and this is very famous in the books of Sunnah and the traditions. In addition, this is the opinion of the majority of the Muslim scholars: The Hanafites, The Malikites, The Shafites and in one narration of the Hanbalites.

He (PBUH) permitted the people from the outskirts not to attend the Friday prayer that day and instead offer the Zuhr prayer in their neighborhoods. The Prophet (PBUH) said: Two festivals (E'ed and Friday) have synchronized on this day. If anyone does not want to offer the Friday prayer, the E'ed prayer is sufficient for him. But we shall offer the Friday prayer." [Abu Dawood].

The majority of the Hanafite, Malikite and Shafite jurists said that the aforementioned Hadith applies to those who came from the outskirts of Medina in order to offer the E`ed prayer in the Prophet`s Mosque, and they aren`t obliged to offer the Friday prayer in principle, because they live in the outskirts of cities, far from populated areas. If they waited to offer the Friday prayer after having performed the E`ed prayer, they will face hardship and they will face the same hardship if they went home and returned to offer the Friday prayer, and this is why the Prophet(PBUH) permitted them not to attend the Friday prayer.

Therefore, it is more prudent to observe both prayers on that day, and as regards the opinion of some Hanbalite jurists states that whoever prays the E`ed prayer isn`t obliged to pray the Friday prayer, and should pray the Zuhr prayer instead, it contradicts prudence and acquittal.

As regards the opinion which states that praying the E`ed prayer invalidates the Zuhr prayer, this has never been stated by any of the four schools of jurisprudence and contradicts the provisions of Sharia which make offering five prayers for each day and night obligatory. Therefore, it is impermissible to apply this opinion, imitate it, or issue rulings based on it. Moreover, some narrations, related to some companions, state that the E`ed prayer makes the Friday prayer not obligatory if they happened on the same day, aren`t to be taken into consideration.

Finally, there is no room for dispute and argument since Muslims are about to receive the Feast of Al-Fitr, rather, a Muslim should adhere to matters whose meanings are established, leave matters whose meanings are allegorical and follow the established opinions of the four juristic schools. And Allah Knows Best.

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Summarized Fatawaa

What is the ruling of Islamic Law on wudu (ablution) when there is an adhesive substance on the hand that is difficult to remove?

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

The general principle is: if what is applied to the limbs of wudu' (ablution) does not form a barrier substance preventing water from reaching the skin, then the wudu' is valid despite its presence. However, if these substances prevent water from reaching the skin, the wudu' is not valid with their presence, and they must be removed so that water reaches the hair or skin without any barrier.

Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "If there is wax, dough, henna, or similar substances on some of his limbs [of wudu'], and this prevents water from reaching any part of the limb, then his purification (tahara) is not valid — regardless of whether the amount is much or little. But if there remains on the hand or elsewhere only the trace and color of the henna, without its substance [i.e., the physical residue itself], or the trace of a liquid oil such that the water touches the skin of the limb and flows over it, though it does not remain [as a barrier] — then his purification is valid." [Al-Majmu' , Vol.1/P.529]. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?

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

The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.

If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.

All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty knows best.

I wish to purchase an online account (a gaming account), and its ownership will be transferred to me. However, my friend will purchase it on my behalf, and I will repay him in deferred installments with an added profit margin to account for the installment sale. What is the ruling of Islamic Law on this transaction?

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

The ruling on selling electronic games depends on the ruling of the game itself: if the game is permissible, then selling it is likewise permissible. However, if the game contains Sharia violations that render playing it impermissible, then selling it in that case is neither valid nor permissible. Therefore, we advise the necessity of reviewing the Sharia guidelines for electronic games set forth in Fatwa No. (3369).

Accordingly, if the game is permissible, a person may purchase it, take legal possession of it, and subsequently sell it in deferred installments for a price higher than its purchase price. The General Iftaa' Department has permitted dealing through Murabaha, while emphasizing the necessity of observing the Sharia conditions required for this transaction; please refer to Fatwa No. (2861). And Allah Almighty knows best.

Is it permissible for a woman to observe voluntary fast without her husband's permission?

A woman is not permitted to observe a voluntary fast (nafl) while her husband is present without his permission.