Articles

The Conservation of Water in the Maliki School of Thought
Author : Dr. Mufti Sa`eid Farhan
Date Added : 04-03-2024

The Conservation of Water in the Maliki School of Thought

 

 

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.

 

Verily, water is the backbone of livelihood. This is attested to in the following verse where Allah the Almighty says {What means}: "And We made from water every living thing" (Al-`Anbiyaa`, 30). Given the importance of water in human life, it has been a matter of interest for jurists of all Islamic schools of thought. Just as water is the key to life, it is also the key to worship. Purity is the means for a Muslim to perform his/her worship, and worship is the ultimate purpose of human existence.

 

The Islamic schools of thought have paid great attention to water in terms of its Sharia rulings because of its importance in the worship of the Muslim. This is in addition to paying attention to its conservation considering its importance and sensing the prophetic guidance in that regard. This guidance is clearly reflected in the situation in which the Messenger of Allah (peace be upon him) saw a man performing ablution and said to him: "Do not be extravagant, do not be extravagant." (Narrated by Ibn Majah).

 

Among those who have excelled in this field is the Maliki school of thought, especially in many rulings related to water. One of these is the clarification of when water becomes impure, as we will explain, God willing. There is no better evidence for this than the words of the Proof of Islam, Imam Al-Ghazali (may Allah have mercy on him), where he said in his book "Revival of the Religious Sciences" [Vol.1/P.129]: 'I wished his [i.e., Imam Shafi'i's] school of thought to be like that of Imam Malik (may Allah be pleased with him) in that water, even if it is little, does not become impure except through a noticeable change, as there is a dire necessity for it. The insistence on a specific quantity (Two Qollas) is a cause of obsessive doubts, and for this reason, it caused hardship for people. I swear, in my opinion, it is the source of hardship, recognized by those who have experienced it and pondered over it.' He concluded his words."

 

 I will mention two jurisprudential/Fiqh rulings in the Maliki school of thought regarding purification, clarifying the aspect of water conservation compared to other jurisprudential schools. Through these two rulings, the Maliki school has distinguished itself from other schools, and they have become one of its unique features.

 

First: When does water become impure?

 

The Hanafi, Shafi'i, and Hanbali schools concur that if impurity falls into a large quantity of water, the water becomes impure if any of its characteristics change. However, if its characteristics do not change, it remains pure. As for a small quantity of water, it becomes impure as soon as impurity falls into it, even if its characteristics do not change. The threshold for a large quantity of water that does not become impure according to the Shafi'i and Hanbali schools is approximately 190 liters. However, according to the Hanafi school, it is significantly more than that, roughly multiples thereof.

 

The scholars of the Maliki school have a different criterion regarding the impurity of water. They do not differentiate between large and small quantities of water. Instead, they have another criterion for determining the impurity of water, which is the alteration of any of its three characteristics. As long as none of its characteristics changes, the water remains pure even if impurity falls into it, even if it's a small quantity. If the quantity of water is less than the amount typically used for ablution (approximately one liter), there is no dislike (karaha) in using it as long as its characteristics remain unchanged, even if it becomes impure. However, if the quantity is less than that, it becomes disliked (makruh) to use it, although purification with it is still permissible.

 

This opinion clearly emphasizes the conservation of water. If we consider that the threshold for a large quantity of water in other schools of thought is around 190 liters at the minimum, as stated by Imam Al-Hattab in "Mawahib al-Jalil," then this opinion provides a more lenient approach.

 

Imam Al-Hattab stated: "If the water is impure, its abundance and scarcity are considered. If the water is abundant, more than the vessel used for ablution and bathing, then it remains pure without dislike. Otherwise, it becomes disliked because it is a small amount of water whose condition has been affected by impurity without changing it."

 

Second: Using used water for purification

 

The water used in matters of purification is the water that has been used for obligatory acts of worship, such as ablution (wudu) for someone who is in a state of minor ritual impurity (hadath) and ritual bathing (ghusl) for someone who is in a state of major ritual impurity (janabah).

 

The Hanafi, Shafi'i, and Hanbali schools of thought consider used water to be ritually pure (tahir) but not purifying (mutahir), meaning it is not suitable for performing ablution or ritual bathing. This is in contrast to the Maliki school, which permits the use of used water for purification with dislike (karaha) if other water is available. However, if no other water is available, there is no dislike in using it. Expanding the scope of permissible water—water that is inherently pure and purifying for others—undoubtedly ensures water conservation.

 

The perspective of the Maliki scholars on water is only a drop in the ocean compared to the vast treasures found in the four schools of Islamic jurisprudence. Therefore, it is incumbent upon us to give them due consideration, as they constitute our religion through which we worship and uphold the teachings of Allah the Almighty.

 

 

 

 

 

 

 

 

 

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Summarized Fatawaa

What is the ruling on swimming while fasting?

Swimming while fasting is disliked (makruh) due to the risk of water entering the body cavity (jauf) through the nose, ears, or mouth, which would break the fast.
Ramadan is a month of tasbeeh (glorifying Allah), not Sibaha (swimming).

What is the ruling on combining more than one intention in the prayer, such as combining the *sunnah* of wuḍūʾ with the pre-Dhuhr *sunnah*, or combining the *sunnah* of greeting the mosque (*taḥiyyat al-masjid*) with the pre-Dhuhr *sunnah*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:
First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.
Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.
It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”
Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.

What is the Islamic punishment for the one who neglects prayer?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Neglecting the prayer (Salah) is among the major sins (Al-Kaba’ir). One who neglects it out of laziness is considered a transgresor (Fasiq), while one who neglects it while denying its obligation is a disbeliever (Kafir). And Allah the Exalted knows best.

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.