What is the ruling on the follower (*maʾmūm*) reciting Sūrat al-Fātiḥah behind the imam?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
In our school of Islamic thought, the Shāfiʿī school, reciting al-Fātiḥah is obligatory in every rakʿah of the prayer for the imam, the follower (maʾmūm), and the one praying individually (munfarid), because it is one of the pillars (arkān) of the prayer. Whoever does not perform it, his prayer is invalid, whether the prayer is silent (sirriyyah) or audible (jahriyyah), based on the saying of the Prophet (peace and blessings be upon him): “The prayer of the one who does not recite the Opening of the Book (Fātiḥat al-Kitāb) is invalid.” Agreed upon.
It is stated in ʿUmdat al-Sālik, one of the books of the Shāfiʿī school: “He recites al-Fātiḥah in every rakʿah, whether he is the imam, the follower, or the individual worshipper.”
The jurists of the other schools hold a different opinion, which was previously explained in Fatwa no. (
3169); please refer to it. And Allah Almighty knows best.
Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?
It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.
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 is the ruling of Islamic Law on the colored discharges that appear one or two days before the menstrual cycle?
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
Colored discharges carry the same Islamic ruling as blood, whether they appear at the beginning or the end of the menstrual period. This remains true even if the discharge is intermittent—appearing for some days and stopping for others before returning—provided that the total duration does not exceed fifteen days nor fall short of a day and a night (24 hours). This is because the minimum duration of menstruation (Hayd) is one day and a night, while its maximum duration is fifteen days. Furthermore, the minimum period of purity (Tuhr) between two menstrual cycles is fifteen days, and there is no maximum limit for it. And Allah the Exalted knows best."
