Articles

The Social Function of Writing and Authorship
Author : Dr. Hassan Abu_Arqoub
Date Added : 07-08-2024

Writing and authorship serve several functions that authors need to consider, such as compiling scattered information, clarifying ambiguities, or solving problems, among others. However, a group of Muslim scholars viewed a completely different function: the social function. This means that the purpose of authorship is to provide a service to the community and the nation, not just to students of knowledge. These services vary depending on the issues the scholar views as requiring solutions. Following are three examples to illustrate and explain this point:


First: Imam Abu al-Maali al-Juwayni (d. 478 AH), known as Imam al-Haramain, authored his famous book "Ghayath al-Ummam fi al-Tiyas al-Zulm" based on a premise: What should be done if a time is devoid of scholars and jurists? He addresses the concerns of the nation and provides solutions to this problem that a community might face. This demonstrates a thoughtful approach that serves the community by identifying a problem and proposing a solution. He states: "Let it be clear that the basis for the Sharia is its transmitted sources, and those who bear its burdens are those capable of ijtihad, who embody the highest virtues of piety and righteousness. They are the pillars and supports. If a time were to be devoid of such pillars and supports, then I would adhere to the principle of patience and caution. I wonder what will the devoted do when the sea of corruption swells? When people substitute extremism and negligence for the path of moderation, and Muslims are afflicted with scholars who are unreliable due to their corruption and ascetics who are not to be followed due to their laxity! Will there remain any path to guidance, or will people be lost in chaos, neglecting their direction, and rushing towards ruin?"


Second: The "Hujjat al-Islam" Imam al-Ghazali (d. 505 AH), the student of Imam al-Haramain, who follows the same path. It is likely that this concern for the nation and society was transmitted to him from his teacher. Imam al-Ghazali, when he observed that most people had turned away from the path of the Hereafter and followed their whims and desires, and that their time had deprived them of true inheritors of the prophets, leaving the era devoid of those who guide to Allah, except for whom Allah wills, sought to address this gap. He aimed to correct the course of the nation and Muslim societies through his valuable book "Ihya' Ulum al-Din". The "Hujjat al-Islam" says: "The guides on the path are the scholars who are the heirs of the prophets. The time has been devoid of them, leaving only those who are merely pretenders. Most of them have been overtaken by Satan and misled by tyranny. Each one has become engrossed in his own immediate gains, seeing good as evil and evil as good. Thus, the knowledge of religion has become obscured, and the beacon of guidance on the earth has become dim... As for the knowledge of the Hereafter and what the righteous predecessors practiced, which Allah has described in His Book as understanding, wisdom, knowledge, light, and guidance, it has become forgotten and neglected among the people. Given that this is a serious breach and an alarming issue in religion, I saw it necessary to engage in compiling this book, aiming to revive the sciences of religion, reveal the methods of the early imams, and clarify the benefits of useful knowledge as understood by the righteous predecessors."


Third: Shaykh al-Islam, Imam Taj al-Din al-Subki (d. 771 AH), to address a question that resonates with people and impacts their lives: How can one return blessings after losing them? He discusses the responsibilities of craftsmen, officials, and merchants, and what pertains to each of them. He summarizes this in the introduction to his book "Mua'id al-Ni'am wa Mubiid al-Niqam", saying: "Is there a way for someone who has lost a religious or worldly blessing to regain it? I hope that anyone who has experienced a blessing from Allah in their religion or worldly life and has lost it, if they read this book with belief, understand it, and act upon its teachings after believing in them, will have that blessing or something better returned to them. Their worries will be entirely removed, and they will be transformed into a state of joy and happiness."

 

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Summarized Fatawaa

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

What is the ruling on eating from one`s Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is divided into two categories: the vowed sacrifice (Al-Mandhurah) and the voluntary sacrifice (Al-Tatawwu').
 
First: The Vowed Sacrifice (Al-Mandhurah)
This refers to a sacrifice that has become strictly obligatory due to a formal vow (Nadr). It is completely impermissible for the person offering it, or any members of their family whom they are financially obligated to maintain, to eat any of its meat or fat. Furthermore, it is unlawful for them to personally benefit from its hide, wool, or any other part of it. If they happen to eat any portion of it, the offerer is legally obligated to give an equivalent amount of meat or its monetary value to charity. (As noted in Tuhfat al-Muhtaj by Imam Ibn Hajar al-Haytami,Vol. 9/P.364).
 
Second: The Voluntary Sacrifice (Al-Tatawwu’)
This is a recommended, non-obligatory sacrifice. The person offering it is fully permitted to eat from its meat, distribute portions as charity to the poor, and give pieces as gifts to those who are well-off. However, it remains a mandatory requirement to donate at least a minor portion of it to charity; this should not be less than approximately half a kilogram of raw, uncooked meat. And Allah the Almighty Knows Best.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."