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 water present on the floor of a toilet/bathroom?

The default ruling is the purity of this water present on the bathroom floor. If one is certain or strongly suspects its impurity, then one washes whatever part of the body or clothing this impure water has touched. If one doubts its impurity, the default is purity, and we do not rule it impure based on mere doubt. And Allah the Almighty knows best.

What is the ruling on someone who fainted while fasting?

● If a person had the intention to fast from the night but then fainted during the day and regained consciousness before sunset, even for a moment, their fast remains valid.
● However, if they remain unconscious for the entire day, from Fajr until sunset, their fast does not count, and they must make up for that day later.

A man led the people in prayer as imam, and at the end of the prayer he performed a prostration of forgetfulness (*sujūd al-sahw*) because he had omitted a short *sūrah* after al-Fātiḥah. What is the ruling on his prayer and that of those praying behind him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
According to the Shāfiʿī school, it is sunnah to recite a sūrah after al-Fātiḥah in the prayer. One who omits it has a valid prayer, and no prostration of forgetfulness (sujūd al-sahw) is prescribed for omitting it. If someone performs sujūd al-sahw for its omission while knowing the ruling and remembering it, his prayer is invalidated. But one who is ignorant of the ruling, or who did so out of forgetfulness, his prayer is not invalidated, because this is among the matters that are obscure to people, and ignorance of it is not restricted to those who recently entered Islam.
Shaykh al-Islām al-Shams al-Ramlī said in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Vol.2/p.70): “The remaining sunnahs are not compensated for by prostration, such as the remembrances (adhkār) of bowing and prostration, that is, the opening supplication (duʿāʾ al-iftitāḥ) and the sūrah, in accordance with the base rule, because they are not of the same nature as what has been reported [as compensable]. If one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to ignorance. As for the objection raised that the ignorant person does not know that sujūd al-sahw is prescribed, and whoever knows it knows its place, this is refuted by denying such a necessary connection, for the ignorant person may hear only that sujūd al-sahw is prescribed before the salām, and so assume that it applies to every sunnah and is not restricted to its prescribed place.”
This is among the matters that are obscure, in which the mukallaf is excused for ignorance, as stated by al-Shabrāmallisī in his Ḥāshiyah ʿalā Nihāyat al-Muḥtāj (Vol.2/p.70).
However, if the imam prostrates, and the follower (maʾmūm) presumes that his imam’s prostration is for a reason for which one does not prostrate, it is not permissible to follow him in it, so long as the follower knows the ruling.
Accordingly, the prayer of one who did not recite a sūrah after al-Fātiḥah is valid, and sujūd al-sahw is not prescribed for it. Whoever prostrates out of ignorance or forgetfulness, his prayer is valid, because this is among the issues hidden from the general public. But whoever prostrates while knowing the ruling and remembering it, his prayer is invalidated. And Allah Almighty knows best.

Is it permissible for the guardian to give Sadaqa (voluntary charity) from the money of the orphans?

It is impermissible for the guardian to donate from the money of the orphans because he is entrusted with the safekeeping of that money, and is prohibited from donating it.