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

Is it permissible to divide the Aqeeqah amongst one`s brothers and family?

Giving a portion of the Aqeeqah, even a small one, to the poor and needy is obligatory, and if one`s brothers and family are among the needy then, they are more entitled to it, and this way it is a charity and an observation of kinship ties. However, if they aren`t needy then, it is permissible to give them from the Aqeeqah after giving the poor and needy their share.

I am a wholesale gold trader. My clients are retail gold shop owners. I sell them gold jewelry and ornaments on credit, and they repay me in weekly installments over a period of two months or more. The payments are made in cash for the labor charges and for the gold they owe me. In return, they may give me either cash or used gold.
 

It is not permissible to sell gold or silver on an installment basis or with a deferred payment; rather, immediate exchange is required. The Messenger of Allah (PBUH) said: "Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt, like for like, hand to hand. Whoever gives more or asks for more has engaged in usury; the giver and receiver are the same in this regard." (Muslim). Additionally, the weight of the gold must be equal when exchanging new for used; otherwise, it involves usury. The solution is to buy the used gold with cash, then sell the new gold for cash as well. However, payment must be made at the time of the transaction in both cases. Alternatively, one could take the used gold with the intention of refining it, reshape it into a new form, or repair it, then take a fee for the workmanship or repair. And Allah Knows Best

What is the ruling of Sharia when husband kicks the wife out of his house without a lawful excuse? Moreover, in such case, when she stays at her parents's house for several months, is she allowed to claim maintenance through a Sharia court?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It isn`t permissible to kick wife out of house save for a valid reason since Almighty Allah Says (What means): "O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good." [An-Nisa`/19]. In addition, it is the duty of the husband to provide for his wife and children in kindness, and this includes food, garment and residence. Moreover, dialogue and supplication are the best means for solving marital problems; however, the wronged party may resort to court. And Allah The Almighty Knows Best.

I`m a mother of three orphans. Is it permissible for me to spend on myself from their salary, such as buying a Jilbab*?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible to take a reasonable amount that is equal to your services to them. However, it is better that you don`t. The evidence on this is that Almighty Allah Says (What means): "Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is God in taking account." [An-Nisa`/6]. And Allah The Almighty Knows Best.
 
* A full-length outer garment, traditionally covering the head and hands, worn in public by some Muslim women.