Articles

Some Rulings on Shawwal
Author : Ahmad Al-khasasbeh
Date Added : 04-07-2016

Some Rulings on Shawal

 

In the Name of Allah, The Entirely Merciful, The Specially Merciful

All perfect praise be to Allah, the Lord of The Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Time is Allah`s creation and He ordained dividing the year into twelve months. He, The Exalted, Says (What means): "The number of months in the sight of God is twelve (in a year)- so ordained by Him the day He created the heavens and the earth;" [At-Tawbah/36]. Shawwal is one of these months, and Allah, The Almighty, has characterized it with a number of rulings, which will be addressed in brief as follows:

 

First: Factual determination of the beginning of Shawal indicates the end of Ramadan.

 

Shawwal derives its significance from the fact that its beginning marks the end of Ramadan. Ibn Umar (May Allah be pleased with both of them) reported Allah's Messenger (PBUH) as saying in connection with Ramadan: "Do not fast till you see the new moon, and do not breakfast till you see it; but if the weather is cloudy calculate about it." [Agreed upon]. The beginning of Shawwal is determined either by the testimony of two reliable Muslims, as a minimum according to jurisprudents, who testify that they have seen the new moon, or Ramadan has completed thirty days.

 

Second: Takbeer is recommended:

 

It is recommended that a Muslim engages in Takbeer (saying Allahuakbar) once the beginning of Shawal is determined because the Prophet (PBUH) and his companions have persevered in doing that, and Allah, The Almighty Said (What means): "(He wants you) to complete the prescribed period, and to glorify Him in that He has guided you; and perchance ye shall be grateful." [Al-Baqara/185]. The Takbeer for Eidulfitr begins from the sunset of the last day of Ramadan "Eid night" and ends by the start of the Eid prayer. It is permissible to do Takbeer in congregation or individually. Al-Imam Ash-Shafiee' (May Allah bless him) said: "If Muslims see the moon of Shawwal, I prefer that they engage in congregational or individual Takbeer whether they are at the mosque, at the market, at the street, and whether they are travelling or not. In other words, they should deliver Takbeer openly regardless of their situation and whereabouts." [Ash-Shafii`, Al-Um, vol.1/pp.230].

 

Third: Offering acts of worship on Eid night is recommended:

 

It is recommended for a Muslim to spend the nights of the two Eids offering acts of worship, such as prayer and the like. It was narrated from Abu Umamah that the Prophet (PBUH) said: “Whoever spends the nights of the two ‘Eid in praying voluntary prayers, seeking reward from Allah, his heart will not die on the Day when hearts will die." [Ibn Majah, and scholars of Hadith have graded it as Da`eif]. Al-Imam An-Nawawi said: "Our fellow scholars said that it is recommended for a Muslim to spend the nights of the two Eid in praying and offering other acts of worship." [An-Nawawi, Al-Majmou` Sharih Al-Mohazab, vol.5/pp.42].

 

Fourth: Paying Zakat-ul-Fitr:

 

One of the legal rulings related to Shawal is that paying Zakat-ul-Fitr becomes obligatory  upon every Muslim who owns extra provisions beyond his need as well as the need of everyone in his family on the day and night of  Eid-ul-Fitr. In other words, one father should pay for himself and for whom he supports, even for his baby who is born before the sunset of the last day of Ramadan as well as his poor parents whom he supports. Ibn ‘Umar (May Allah Be Pleased with them) said: "The Messenger of Allah(PBUH) prescribed as Zakat, payable by slave and freeman, male and female, among the Muslims on closing the fast of Ramadan, one Sa` of dried dates or one Sa’ of barley." [Agreed upon].

 

As for paying Zakat-ul-Fitr after the expiry of its prescribed, fixed time, which is the time between Fajr and ‘Eid prayers, it is impermissible, whether one pays for himself or on behalf of others. It goes against the command of the Prophet (PBUH), who ordered Zakat-ul-Fitr to be given before people go to the ‘Eid prayer.

 

Fifth: Eid-ul-Fitr prayer: 

 

Eid-Ul-Fitr prayer is a confirmed Sunna because Allah, The Almighty, Said (What means): "Therefore to thy Lord turn in Prayer and Sacrifice." [Al-Kawthar/2]. Offering it in congregation is an act of Sunna, and it is legislated for the one praying alone, the slave, the woman and the traveler. However, it isn`t like Friday prayer in terms of the number of praying persons and the congregation. Its due time is the sunrise of the first day of Shawwal. It is made of two Rakhas where Takbeer is delivered after the Istiftah Dua`, and seven Takbeerat are delivered before reciting Surat al-Fatihah. In the second Rakah, five Takbeerat are delivered in addition to the Qiyam Takbeerah where a Muslim raises his hands and remembers Allah between the Takbeerat, then places his right hand on his left after each Takbeer. However, if he didn`t make Takbeer or offered more Takbeerat than the mentioned number, he isn`t required to offer the prostration of forgetfulness. If he forgot to make Takbeer, and started reciting Surat al-Fatihah, he doesn`t have to make up for it. Afterwards, the Imam delivers two sermons like in Friday prayer where he starts the first with nine Takbeerat, and the second with seven. In addition, it is permissible for him to deliver the sermon while sitting down. [Ibn An-Nakeeb/ Umdat as-Saalik, 1/84-85}.

One who missed offering the Eid-ul-Fitr prayer in congregation may perform it alone, but before the end of Zuhr time because after that it becomes a make-up prayer.

 

Sixth: Fasting the six days of Shawal: 

 

It is from the Sunna that a Muslim fasts the six days of Shawal because The Messenger of Allah (PBUH) said: "He who observes As-Saum (the fasts) in the month of Ramadan, and also observes As-Saum for six days in the month of Shawwal, it is as if he has observed As-Saum for the whole year." [Moslim].

It is better to fast six continuous days starting from the second day of Shawwal; however, it is permissible to fast them discontinuously. One who intends fasting them along with making up for missed obligatory fast receives the reward of this Sunna, but doesn`t receive the reward of fasting the whole year because that is attained by one who has fasted  Ramadan and the six days of Shawal as well. Since he is rewarded for every letter with ten good deeds, he receives the reward for fasting a whole year. Therefore, it is better to separate the fast of the six days of Shawal from making up for obligatory fast. [Moghni Al-Mohtajj, vol.5/pp.310]. 

If the Muslim has broken obligatory fast for a valid excuse, then he is permitted to fast the six days of Shawwal before making up for the missed fast. This is because breaking fast for a valid excuse gives the advantage of making up for it at one`s convenience, whether in Shawal or any other month of the same year. However, if a Muslim broke fast for an invalid excuse, then he is obliged to make up for it immediately after the Eid and before fasting the six days of Shawwal. Nonetheless, if he did fast the six days of Shawal, then it is permissible, but it is imperative that he makes up for the obligatory fast afterwards. Please refer to [Al-Millibari Hashyat E`anat At-Talibeen, vol.2/pp.262].

 

Seventh: Shawal is a month of Hajj (pilgrimage):

 

There are well known months for Hajj in which a Muslim is permitted to intend offering this great ritual. Allah, The Almighty, said, "For Hajj are the months well known. If anyone undertakes that duty therein, Let there be no obscenity, nor wickedness, nor wrangling in the Hajj. And whatever good ye do, (be sure) God knoweth it. And take a provision (With you) for the journey, but the best of provisions is right conduct. So fear Me, o ye that are wise."{Al-Baqara/197}. These months start from the first day of Shawal till the tenth of Thulhijjah. Al-Kateeb Ash-Shirbini said: "The time to assume Ihram for Hajj is Shawal, Zul-Qa`dah, and nine days of Zul-Hijjah." [Moghni al-Mohtajj, vol.5/pp.423].

 

Eighth: Permissibility of getting married in Shawal:

 

Getting married after Eid-ul-Fitr is lawful and recommended during Shawwal. The reprehensibility of concluding the marriage contract or consummating the marriage between the two Eids has no foundation in Islamic Shariee`ah, as this is one of the beliefs of the Jaahiliyyah (The days and traditions of ignorance). Rather, some Muslim scholars recommend people to get married during the month of Shawwal i.e. between the two Eids. This is based on the Hadith in which ‘Urwah (May Allah have mercy on his soul) reported that ‘Aa’ishah (May Allah be pleased with her) said, “The Messenger of Allah (PBUH), married me in Shawal and consummated the marriage with me in Shawal, and which of his wives was more favorable to him than me?” 

He added: “‘Aa’ishah (May Allah be pleased with her) used to recommend her female relatives to conclude their marriage during this month.” [Moslim]. An-Nawawi (May Allah have mercy on his soul) said in his commentary on the Hadith of ‘Aa’ishah: "It indicates that it is recommended to conclude the marriage contract and to consummate the marriage in Shawal. Fellow scholars say that this recommendation is based on this Hadith by which ‘Aa’ishah wanted to refute the ignorant belief of Jaahiliyyah, and what some of the common folk still believe today – that it is reprehensible to conclude the marriage contract or to consummate the marriage in Shawal. This is false and baseless. It is one of the remnants of the Jaahiliyyah, when they used to be superstitious about that because of the connotations of the name of Shawal that related to the drying up of the camel’s milk and the lifting of its tail… [Al-Majmou`, vol.5/pp.43].

 

In conclusion, it is imperative that every Muslim takes advantage of this month through offering different acts of devotion in order to be blessed with multiple rewards from Allah, The Almighty. We pray that Allah makes us benefit from that which He taught us and teaches us that which is beneficial to us. Indeed, He is capable of that.

 

هذا المقال يعبر عن رأي كاتبه، ولا يعبر بالضرورة عن رأي دائرة الإفتاء العام

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Summarized Fatawaa

My maternal aunt`s son is living abroad; however, both our families have recited Al-Fatehah declaring our engagement. We have been engaged for three months, but the marriage contract wasn`t concluded because he couldn`t come to Jordan since my mother and brothers are abroad. Is it allowed that he sees my picture without Hijab knowing that the marriage contract will be concluded at the first opportunity?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Betrothal is a promise to marry, so your betrothed is a stranger to you and isn`t permitted to look at you even through a picture. Once your marriage contract is concluded, you become husband and wife and he can look at you as much as he wants. Moreover, he may deputize his father to carry out the procedures of the marriage on his behalf. And Allah The Almighty Knows Best.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

What is the Islamic ruling on adoption, and what is the legal window through which a person can be kind to an orphan girl, attend to her needs and raise her as his own?

Kindness to an orphan entails a great reward from Allah, but adoption is prohibited and invalid. Therefore, it is permissible for the aforementioned person(for example) to make his brother`s wife breastfeed that girl so that he becomes her uncle by suckling provided that he informs her that she isn`t his biological daughter.

After I was ran over, I had cracked ribs, concussion, a tension pneumothorax, and retired as a result. What is the amount of the Diya?

All praise is due to Allah the Lord of the worlds. May the blessings of Allah be upon our Master and Prophet Muḥammad and his pure progeny.
 
What you have mentioned requires a detailed medical report since the benefit of every organ that you have lost deserves a full Diya (In Islamic law, Diya is the financial compensation paid to the victim or heirs of a victim in the cases of accidental murder, bodily harm or property damage). Moreover, the decrease in the benefit of some organs has to be assessed by expert doctors and allocated a percentage from the Diya accordingly. Therefore, we advise you to refer the matter to the courts or reconcile with the driver and forgive him so that Allah may forgive you. And Allah The Almighty Knows Best.