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Statement on Fatwa and Credibility in its Dissemination
Author : The General Iftaa' Department
Date Added : 07-09-2022

Statement on Fatwa and Credibility in its Dissemination

 

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.

The Iftaa` Department continues its sacred role in issuing Fatwas as part of its religious and national responsibility, and emanating from the words of Allah The Almighty Who Says (What means): "And before thee also the apostles We sent were but men, to whom We granted inspiration: if ye realise this not, ask of those who possess the Message." [An-Nahil/43].

These Fatwas cover a wide spectrum, such as acts of worship, transactions, philosophy, and morals. The Department stresses that its message aims to establish the foundations of the making of Fatwa in an institutionalized and global form. This is based on the magnanimous objectives of Sharia and the concepts of the true Islam in a bid to raise the religious awareness of society, preserve its intellectual security and social unity, and fortify it against aberrant and extreme thoughts.

It is well known that a Fatwa has special context and circumstances and is usually issued as an answer to a questioner who wants to know the ruling of Sharia on a certain issue. Some Fatwas are published on the Department`s website not for propaganda but to be benefitted from by researchers, academicians, and students of knowledge.

It has been observed that media publish some Fatwas out of their true frame and circumstances causing them to be misunderstood and reflecting a negative image of the nature of the Department`s work.

In addition to stressing the pioneering role of the media in transmitting the information, the Department reminds that it isn`t permissible to take the Fatwa out of its occasion, time, place or use it for a purpose other than that for which it was issued in the first place. Therefore, the Department calls on media to spread Fatwas based on the moral responsibility governing the staff working in this field. This is to serve the country and citizens as well as preserve its safety and security. And All perfect praise be to Allah The Lord of The Worlds.

 

 

 

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Summarized Fatawaa

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.

Someone wiped over his shoes after wearing them in a state of purity, then took them off and prayed without them?

Ablution is not invalidated by taking off leather socks or shoes after wiping over them. However, whoever takes them off after wiping must wash his feet only. If he prayed without washing his feet, he must wash his feet and repeat the prayer. And Allah the Almighty knows best.

What is the ruling of Islamic Law on someone who wakes up in a state of janābah (major ritual impurity) near the very end of the prayer's designated time, during cold weather — should he heat water in order to perform ghusl, even though the prayer's time will expire as a result, or should he perform tayammum instead?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the water is cold, and cannot be used due to fear of harm that is not ordinarily tolerable, or that would result in illness, then in this case it becomes obligatory to heat the water — even if heating it causes the time for Fajr to expire — and no sin is incurred in doing so, due to his valid excuse. He may not resort to tayammum (dry ablution) instead, since water remains available [and merely needs to be heated].
Imam Shihāb ad-Dīn Aḥmad ar-Ramlī (raḥimahullāh) said: "He was asked regarding a person who, if he were to use cold water, would experience harm that permits tayammum, and who has access to something with which he could heat the water — but if he heats it, the prayer's time will expire. Is it obligatory for him to heat it even if the time expires, or should he pray with tayammum within the prescribed time? He answered that it is obligatory for him to heat the water, even if the time for that particular obligatory prayer expires." [Fatāwā ar-Ramlī, Vol.1/P.98]
Imam al-Bājūrī (raḥimahullāh) said in his Ḥāshiyah on Sharḥ Ibn Qāsim (Vol.1/P.173): "And if he fears [harm] from using cold water, and is currently unable to heat it, but knows of a place where firewood is available, such that if he were to go there he would not return until after the prescribed time has expired — what appears [to be the correct position] is that it is obligatory for him to go and seek the firewood, even if the time expires as a result, as this is the position ultimately settled upon by ar-Ramlī, and as related from him by Ibn Qāsim." And Allah, the Exalted, knows best.

Is it valid to have Suhoor before sleeping, even if it is before midnight?

Suhoor refers to the pre-dawn meal eaten after midnight to help a Muslim endure fasting. The closer it is to Fajr, the better.
The Prophet ﷺ said: "My Ummah will remain upon goodness as long as they hasten to break the fast and delay Suhoor." [Narrated by Ahmad]
This is because delaying Suhoor makes it more effective in providing strength for worship. However, if there is a risk of Fajr entering while eating, one should refrain from Suhoor out of caution. 
The Prophet ﷺ said: "Leave what makes you doubt for what does not make you doubt." [Narrated by Al-Tirmidhi]