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Statement from the Iftaa` Department regarding Tarawih Prayer
Author : The General Iftaa` Department
Date Added : 09-07-2023

 

Statement from the Iftaa` Department regarding Tarawih Prayer

 

 Tarawih Prayer is Twenty Rakhas

 

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.

 

There are many questions regarding the number of Rakhas in Tarawih prayer.

 

Tarawih prayer is a Sunnah, and the four Sunni schools of thought are agreed that it is twenty Rakhas. In fact, the Malikis believe that it is thirty-six Rakhas. Based on this, whoever prays eight Rakhas has fulfilled some of this Sunnah, and will be rewarded accordingly. It is well-known that Tarawih prayer is the night prayer in Ramadan {Qiyam}. Abu Hurairah narrated that The Messenger of Allah (PBUH) said: “Whoever prays during the night in Ramadan out of sincere faith and seeking its reward from Allah, will have all of his previous sins forgiven." The Imams of the Sunni schools of thought have conveyed how it is performed starting from the righteous predecessors to the era of the noble companions {May Allah be pleased with them}. In Sunan al-Bayhaqi, from al-Sa'ib ibn Yazid, may Allah be pleased with him, he said: "During the era of Umar ibn al-Khattab, they used to offer twenty Rakhas during Ramadan as Qiyam. He said: They used to recite [the Quran] in groups of two hundred."

 

This is the practice in the Two Holy Mosques and the ancient Islamic cities. Whoever is able to perform it (Twenty Rakhas) completely has performed the complete Sunnah, and whoever is not able to perform it has performed some of it, and will be rewarded for what he has prayed, but he does not have the right to prevent or prohibit others from completing it. This is because prohibition is only for doing evil while prayer is the best of the deeds of the believers. The Prophet (PBUH) said: (Prayer is the best deed, so whoever can do more, let him do more. Narrated by al-Tabarani, and Allah the Almighty said: (Seest thou one who forbids- A votary when he (turns) to pray?)  {Al-Alaq, 9-10}.

 

May Allah guide us all to His obedience and help us to do so. May Allah bless our Prophet Muhammad and his family and companions.

 

Peace, mercy and blessings of Allah be upon you all.

 

General Iftaa` Department

 

 

 

 

 

 

 

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Summarized Fatawaa

Where should a woman who is led by her husband in prayer stand?

All perfect praise be to Allah The Lord of The Worlds                                                                                                                                                                          It is from Sunnah (Prophetic tradition) that she stands behind him. And Allah Knows Best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What should one do if they see a fasting person eating or drinking forgetfully during Ramadan?

If someone sees a fasting person in Ramadan eating or drinking forgetfully, they should gently remind them to stop. Although the forgetful person is neither sinful nor has their fast broken, their action outwardly appears as something impermissible. Therefore, we should kindly remind them to refrain.