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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

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.

I own a pharmacy and have only merchandise. A full year (*ḥawl*) has passed and I have no cash. How do I pay the zakāh?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Zakāh must be paid immediately from the day it becomes due, and delaying it is forbidden when one is able to pay it, because it is the right of the poor, and it is forbidden to delay giving people their rights except for a valid Sharīʿah excuse. Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said: “In our school, zakāh must be paid out immediately. Once it becomes due and he is able to pay it, it is not permissible to delay it. If he is unable, he may delay it until he is able. If he delays it after being able, he is disobedient and becomes liable for it.” [al-Majmūʿ Sharḥ al-Muhadhdhab, Vol.5/p.333]
If cash is not available to pay the zakāh and the only option is to pay in installments, he must pay it, even if in installments, from the proceeds of the merchandise that is sold after the time the zakāh became due, by deducting a set amount from each day’s takings. And Allah Almighty 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.

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

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