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Thursday, March 28, 2013

On women touching theQur'aan

TOUCHING THE QUR'AN
-
Recitation of the Quran During Menses and Post Natal Bleeding
First of all, the Shariah deals with the sexually defiled men/women
and menstruating women in very different matters and ways. There are
lots of differences between them:
*. The sexually defiled man/woman can at any time he/she wishes remove
that state. He/she can make ghusl and if there is no water then they
can perform tayammum.
*. Menstruating woman can not do such a thing, she is in that state
for as long as Allah (SWT) wills, until her period comes toan end.
Recitation of the Quran by menstruating and post-partum bleeding women
has been made permissible by the Malikis, Shafis, Hanbalis, Abu
Hanifa, and a number of other scholars. Their proof being:
*. Hadith of Bukhari and Muslim concerning the Eid prayer. Narrated
Umm 'Atiya (RA):
*. "I heard Allah's Messenger (SAW) saying that the unmarried virgins
and the mature girls and the menstruating women should come out and
participate in the good deeds as well as invocations of faithful
believers but the menstruating women should keep away from the
Musallah - praying place [Salat (prayers)]. Someone asked (Umm
'Atiya)(surprisingly), "Do you say the menstruating women?" She
replied, "Doesn't a menstruating woman attend 'Arafat (Hajj) and such
and such (other deeds)?"
*. Takbeer is a type of remembrance of Allah (SWT) and supplication is
not any different from dhikr
*. Hadith of Bukhari regarding Aisha (RA) when she got her menses on
the way to Mecca.
Narrated 'Aisha (RA):
"We set out with the sole intention of performing Hajj and when we
reached Sarif, (11 kms. from Makka, I got my menses. Allah's
Messenger (SAW) came tome while I was weeping. He said "What is the
matter with you? Have you got your menses? I replied, "Yes." He
said,"This is a thing Allah (SWT) has ordained for the daughters of
Adam. So do what all the pilgrims do with the exception of Tawaf
(Circumambulation) round the Ka'bah." 'Aisha(RA), added, "Allah's
Messenger (SAW) sacrificed cows on behalf of his wives."
Pilgrims make dhikr and read Quran. There was noobjection from the
Prophet (SAW) and he (SAW) actually "told" Aisha (RA) to do so.
Another reason being hardship. A woman might forget what she memorized.
So therefore if there is notext forbidding such an act, one cannot
conclude that the act is not allowable. The burden of proof is on
those who claim that such women cannot recite the Quran, and they
offer no clear ordirect proof.
There is no harm whatsoever in a menstruating woman or post-partum
bleeding woman reciting the Quran from their memorywithout actually
touching the Quran.
Touching the Quran During the Menstruation and Post-Partum Bleeding
The most often quoted evidences, is an Ayat from the Quran:
".... None can touch but those who are pure..." (Al-Waqi'a 56:79)
A common mistake, is people taking verses and applying it to a
particular Fiqh (point). Yet when you study the verse in more detail
you will find, in fact, it is not related to the point whatsoever.
"That (this) is indeed an honourable recital (the Noble Quran). In a
Book well-guarded (with Allah in the heaven i.e. Al-LauhAl-Mahfuz).
Which (that Book with Allah) none can touch but those who are pure
from sins (i.e. the angels). A Revelation (this Quran) from the Lord
of the Alamin (mankind, jinns, and all that exists). (Al-Waqi'a
56:77-80).
Put into context this A yat refers to "…a Book well-guarded," and this
means a Book with Allah (SWT). It is not talking about the physical
Quran we have in our presence here on earth..
Ibn Abbas (RA) and others, along with the early scholars, agree that
this verse is not talking about the Quran that we have in our hands. A
Book well-guarded refersto something that is hidden (Maknoon) . It is
not referring to the Quran we have in our presence here on earth.
Early scholars all agree to this conclusion.
"...In a Book well-guarded (with Allah in the heaven i.e. Al-Lauh Al-Mahfuz).
According to the Tafsir of Tabari and Ibn Kathir and also according
to Jamal al-deen al-Qasami, this Ayat is not in reference to humans
having to be free from impurities.
" Which (that Book with Allah) none can touch butthose who are pure
from sins (i.e. the angels)."
This verse in reference to the Angels and not mankind. In a Hadith
narrated by Abu Hurayrah (RA), the Prophet (SAW) states, "a believer
never becomes impure."
"The Prophet (SAW) cameacross me in one of the streets of Medina and
at that time I was in a state of Janaba. So I slipped away from him
and wentto take a bath. On my return the Prophet said,"O Abu
Hurayrah! Where have you been?" I replied, " I was in a state of
Janaba, so I disliked to sit in your company." The Prophet (SAW)
said,"Subhan Allah! A believernever becomes impure." (Sahih Bukhari)
There are four possible meanings of Taher (pure) in this Hadith:
Specifically it means"pure."
Free from major impuritywhere it is necessary to make ghusl.
Fee from minor impurity where it is necessary to make wudu.
No impurities on physicalbody
What does Taher mean in this Hadith? How we determine what it means is
we look at other evidences that relate.
Evidence
A letter sent to the Emperor of Rome by the Prophet (SAW). The Prophet
(SAW) had good reason to believe that the Emperor would touchit.
Some will argue that a piece of paper is not Quran so this may not be
such a strong argument.
In Sahih Muslim the Hadith about when Aisha (RA) was sent, by The
Prophet (SAW), to go intothe Masjid to get a mat. The Prophet (SAW)
said to Aisha (RA),"Menstruation is not in your hands." A woman's
touch cannot be considered impure even while on menses.
"The messenger of Allah (SAW) said to me: Get methe mat from the
mosque. I said: I am menstruating. Upon this he remarked: Your
menstruation is not in your hands." (Sahih Muslim)
Hadith that states, "A believer does not become impure." A clear text
by The Prophet (SAW). A believer is considered Taher under ALL
circumstances. Therefore, believer in this Hadith means Taher . The
only one who should touch the Quran is a believer (i.e. A Muslim).
Take the Ayat : "None can touch but those who are pure (Taher) ."
There is norecord whatsoever of Prophet (SAW) telling believers not
to touch Qur'an.
Therefore, Taher means believer (Muslim).
There is NO evidence whatsoever that says thata woman who is in her
periods or a woman whois having post-natal bleeding that she can
nottouch the Quran. This is a minority opinion, however it is the
strongest opinion.
Reading The Quran During Menses
There is no prohibition from the Prophet Muhammad (SAW) prohibiting a
woman from reading the Quran in the state of her menses.
There is no prohibition. The Prophet Muhammad (SAW) did not prohibit
it. All we have is the statement of the Prophet Muhammad (SAW) that he
used to recite the Quran under all conditions except when he was in a
state of Janaba that is after having sexual intercoursewhen it was
necessary for him to take a bath.
This is the basis; this is the foundation, from which all of these
different opinions are derived. So, some scholars made a comparison
between thisstate of Janaba with that of menses.
But of course, they are not the same because thestate of Janaba can be
removed by merely washing oneself. By taking a bath your impure state
is over. Nowyou can read the Quran. Whereas in the state of menses, a
woman cannotjust wash herself then go and read. She is still in that
state of menses.
If we are dealing now with the translation of the Quran, translations
ofthe meanings of the Quran, then all this is of NO importance at all
because translations of the Quran are not considered to be Quran. So
no matter what state you are in, you can read it, you can pick it up,
you can touch it, there is no problem at all because the Quran that we
have, even if the Arabic text is there too, is still not considered
Quran.
The general position which is held in determining what is considered
Quran and what is not, is that whenever the words of other than Allah
(SWT), ina given text, is more thanthe words of Allah (SWT), that text
is no longer considered Quran because Quran refers to asingle verse if
we take a verse of Quran by itself this is called Quran also. But if
there comes along with this verse, other words, you have given
anexplanation of it, which is more than what constitutes the verse,
andthen this is no longer considered Quran.
This is derived from the fact, that Prophet Muhammad (SAW) sent
messages to the kings of Byzantium and Persia, etc. which had verses
of Quran in it. He (SAW) knew full well that these people were going
to be in a state of Janaba , that they were kafir and that they would
probably tearit up, maybe step on it or whatever.
So we know that it is permissible that once thewords of Allah (SWT)
are drowned out by the words of other than Allah(SWT), which is the
case of the translations of the Quran, then in such case this is not
considered to be Quran and as such it isperfectly allowable for a
woman to read it under any state.
The following information is taken from "Duties of a Muslim Husband" a
lecture by Shaikh Abu-Ameenah Bilal Phillips
It is Permissible for a Menstruating Woman to Recite the Quran and
Books of Supplications
There is no harm in a menstruating or post-partum bleeding woman
reading the books of supplications that are written for the rites of
the pilgrimage. Infact, there in nothing wrong with her reciting the
Quran according to the correct opinion. There in no authentic, clear
text prohibiting a menstruating or post-partum bleeding woman from
reciting the Quran. The thing that is narrated is concerned with the
sexually defiled person only, as such should not recite the Quran
while he/she is sexually defiled. This is based on the Hadith of
Ali(RA). As for the menstruating or post-partum bleeding woman, there
is the Hadith of Ibn Umar (RA), which states:
· "Neither the menstruating woman northe sexually defiled person is to
recite anything from the Quran."
However, this is a weak Hadith. This is because it is from the
narrations of Ismail ibn Iyyash on the authority of people from the
Hijaz and he is weak when he narrated from them.
In the case of a sexually defiled male/female, he/she may make ghusl
as soon as he has done the act with his/her spouse. The amount of time
is not long and he/she is in control of its length as he/she may make
ghusl whenever he/she wishes. Even if he/she cannot find water, he/she
can make tayammum and pray or recite the Quran.
However, the menstruating or post-partum bleeding woman does not have
control over their lengths, such control is inthe hands of Allah
(SWT). Menstruation and post-partum bleeding take days. Therefore, it
is allowed for them to recite the Quran so that they do not forget
what they have memorized and so they will not lose merits of reciting
it. It is also so they may learn the laws of the Shariah from the Book
of Allah (SWT).
Therefore, it is even moreso permissible for her to read the books of
supplications that have verses and Hadith intermixed with them. This
is the correct view and is the correct opinion of the scholars - may
Allah (SWT) have mercy on them - on that point. - Shaikh ibn Baz (ra)
REFERENCES:
1. www.themuslimwomen.com
2. Hasanuddin Ahmed,"Can we touch the Qur'anwithout performing Wudu".
Al-Balaagh, Vol.25, No.2, May/June 2000, p.5

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