Ramadan Articles - Moon Sighting: Between Sharee’ah and Astronomy- II

… Continued
Allaah The Almighty is aware of the great progress of astronomy in the
future. However, He did notconsider it crucial in confirming the
causes of acts of worship. Allaah The Almighty revealed this to the
Prophetand so he said:"We are an unlettered nation, weneither write
nor know calculations. The month is like this and this )pointing with
his hands; sometimes of 29 days andsometimes of 30 days(."
This is clear proof that using astronomical calculations in confirming
the crescents is rejected under Sharee'ah. The Hadeeth commands us to
sight the crescent, as if we are unlettered and have no ability to
write, read or know the astronomical calculations. This, however, does
not mean belittling or disdaining the value of astronomy. Rather,
astronomers can play a great rolein many areas of life. However, they
should stay away from religious issues, because they arenot allowed to
play any role in confirming the causes and reasons of the acts of
worship. Allaah The Almighty has made the rulings contingent on
tangible causes and reasons.
The scholars of Fiqh unanimouslyagreed that the Sharee'ah-approved
cause for confirming the beginning of fasting is sighting the crescent
and that using astronomical calculations in this regard is rejected,
whether the sky is clear or cloudy. Only a group of the late scholars
contradicted this consensus and introduced a cause which is not
prescribed by Allaah The Almighty. Their opinion is meaningless and is
nullified by the preceding consensus of the scholars as wellas the
practical consensus. Muslims during all ages, even when they were
advanced in astronomy and establishing astronomical observatories, did
not use this in confirming the causes of the Sharee'ah rulings.
Since Islam recognized the judiciary system, it did not happen that a
judge gave a rulingaccording to astronomical calculations. Still
judges sight thecrescent or wait for trustworthy witnesses to confirm
the sighting. In Egypt or example, since the establishment and
untilits abolishment, the Supreme Sharee'ah Courts there never adopted
astronomical calculationin confirming the sighting of the crescent at
all. Then Dar Al-Ifta of Egypt )the entity responsible for issuing
Islamic rulings( adopted the same approach. It happened lately that
some Muftis introduced this religious innovation and rejected the
Sharee'ah-cause )sighting the crescent by eyes( and introduced a new
cause which is not prescribed by Allaah The Almighty )astronomical
calculations(. By doing so, they contradicted the scientific and
practical consensus of the MuslimUmmah since the era of the
Prophetuntil the current time. They considered astronomical
calculations something deducible and certain,even though they are
based on assumptions, calculations and astronomical instruments,
whichare prone to right and wrong. As evidence, there are
contradictions between calendars which are based on astronomical
calculations. What is based on assumptions does not confirm certainty,
because there is always room for error.
Still we have to be alert to three issues:
First: The lunar month from the astronomers' view is the period
between the gathering of the sun and the moon twice after
thedisappearance and before the appearance. According to them, this
period is )29( days, and )12( hours and )44( minutes.
However, the lunar month from the Sharee'ah view is sighting it at
sunset, i.e. when the moon appears for the first time after darkness.
The month from the Sharee'ah view is neither more than )30( days nor
less than )29( days.
Accordingly, there are differencesbetween the Sharee'ah considerations
and the astronomical considerations from several aspects:
1 – According to astronomers, the month begins before its beginning is
admitted by Sharee'ah, and thus it ends earlier.
2 – According to astronomers, the month is estimated by a fixedunit of
time, which is different from the duration admitted by Sharee'ah, as
indicated above.
3 – According to Sharee'ah, the month begins based on sense, which is
sighting, or by the completion of 30 days of the previous month.
According to astronomers, however, the month begins based on
assumption, not certainty, when the previous month ends.
4 – According to astronomers, there is no difference when the
gathering of the sun and the moon occurs during the day or night. When
there is a gathering and separation )of the sun and the moon( even
shortly before dawn, the day starts immediatelyafter dawn. When it
occurs during the daytime, the day begins immediately a moment later.
The Sharee'ah, however, considers sighting at sunset. When the moon is
seen during the daytime, after midday, it is for the next night and
that day must not be fasted. Scholars unanimously agree on this.
Second: There must be a differentiation between two distinct matters:
one, the acceptable difference in opinions among scholars of Fiqh
regardingthe issue of difference in sightings )i.e., whether sighting
it in one country suffices, or that each country must sight it in
order to start fasting(, and second, the impermissibility of depending
on astronomical calculations in confirming the beginning and end of
the month.In the second case, difference is unacceptable because it
contradicts the relevant consensus. Although scholars differ regarding
the issue of difference in sightings, they unanimously agree that the
sole means to determine the beginning and end of the month is the
Sharee'ah-approved sighting, not astronomical calculations. Some
people mix between the two matters and quote words of the scholars
regarding the first issue to prove their view regarding the second
issue. So, one should be alert in this context.
Third: It is an advice for the one who contradicts the official Mufti
in his country if it is proved that he relies on astronomical
calculations in confirming the crescent. One should not publicly
declare his contradiction. Rather, he should keep this matter hidden
and act according to the Sharee'ah-approved sighting. He should not
invite others to adoptthe same attitude in order to make Muslims avoid
dispute and disunity and to block the means that could lead to
unfavorable results. This is also not to give the secularists and
hypocrites from the enemies of religion an opportunity to cast doubt
into people's hearts regarding their religion and question the
sanctityof fasting within the souls of ordinary people. We ask Allaah
tohelp us avoid all the evil of the enemies of Islam.

Ramadan Articles - Preparing for Ramadan

Ramadan is the month of excitement for Muslims. Itis the month of
revelation of the Quran, the month of reading and reciting the whole
Quran, the month of Tahajjud and the month of Tarawih prayers, of
Sadaqah and Zakah-ul-Fitr.
No one can go anywhere without preparation, andno one invites a guest
without preparing to welcome him/her. Similarly, to welcome Ramadan,
the month of fasting, one has to prepare.
11 Tips for Preparing for Ramadan:
1.Try to fast on Mondays and Thursdays as of today.
2.Start reading the Quraneveryday after Fajr prayers.
3.Spend some time listening to recitations from the Quran.
4.Train yourself to go bedearly so that you do notmiss the Fajr prayers.
5.Keep yourself in a state of Wudu most of the time.
6.Evaluate yourself each day before going to bed.
7.Thank Allah for good deeds, and repent to Him for your mistakes and sins.
8.Give yourself time alone, so that you can meditate, make dhikr and tasbeeh.
9.Start giving Sadaqah each day, no matter how little. Make it a habit
like eating and drinking.
10.Spend more time reading Islamic books,especially the Quran, Seerah,
Hadith, and Fiqh.
11.Find time to help others with your wisdom, knowledge and talent.Try
to writearticles on Islam for Muslims and non-Muslims.
Some Facts About the Saum of Ramadan
1.Fardh:The Saum of Ramadan is Fardh (obligatory). It is enjoined on
all Muslim men and women.
2.Moon Sighting:The Saum of Ramadan commences when the sighting of the
Ramadan Hilal (crescentmoon) has been confirmed in accordance with the
rules of the Shariah. Niyyat (Intention) for the Saum of Ramadan
should be renewed each day. A single Niyyat at the beginningof Ramadan
will not suffice for the Saum of the entire month.
3.Kaffarah:A fast of Ramadan broken deliberately without valid reason,
after having made the Niyyatfor fasting during the night, brings about
the penalty of Kaffarah. Note: a traveller is permitted to refrain
from Saum, although it is meritorious for him/her to fast, if the
journey is not a difficultone. The traveller shall make Qadha of all
Saumomitted during the journey.
4.Menstruation:If a woman starts menstruating during the course of the
fasting day, the fast is not valid. It is not incumbent to abstain
from eating during the remaining part of the day. Preferably, it is
better to avoid eating in the presence of those who are fasting. She
can compensate forher missed fasts later after Ramadan.
5.Pregnancy:When a pregnant woman has a genuine fear for either her
own life or the life of the child she is bearing, it will be
permissible for her to refrain from Saum. She will have to make Qadha
of the Saum she misses as a result.
6.Elderly:A very old person who is truly unable to fast, is permitted
to refrain from Saum. He has to offer compensation by means of paying
the Fidyah.
Questions & Answers About the Kaffarah of Ramadan
1.What does Kaffarah mean?
Kaffarah (compensation) is the penalty which is imposed by Shariah for
the deliberate and flagrant nullification of the Saum of Ramadan.
2.Does it apply to all fasts?
Kaffarah applies to onlythe Saum of Ramadan.
3.When does it apply?
Kaffarah comes into force only if the Niyyat for fasting was made
atnight, i.e. before SubahSadiq. Thus, if Niyyat was made during the
night to fast the following day, and thenthe fast is broken without
valid reason, the Kaffarah penalty comes into effect.
4.What does the penalty consist of?
Kaffarah for flagrantly breaking a fast of Ramadan is to fast 60
consecutive days- sixty days, one after the other, without missing any
day in between.
5.What renders the Kaffarah invalid?
The Kaffarah will be rendered invalid if for any reason- be it a
validreason, even a single day is omitted during the 60 day-Kaffarah
course. Thus if a personfasted for 59 days and failed to fast on the
60th day due to illness, he will have to start theKaffarah all over
again. The only interruption which will not invalidate the Kaffarah is
Haydh (the monthly menses of women).
6.What if one cannot fulfill the Kaffarah?
A person who is unable to discharge the Kaffarah because of ill-health
or very old age, will have to feed 60 poor persons. Each miskeen
(poor) should be given two full meals for the day or the amount in
cash which is given as Sadaqah Fitr.This amount is the priceof
approximately 2 kilograms bread flour. Instead of the cash, the flour
may also be given.
7.Do the penalties add upwithin the month?
No. A single Ramadan, makes Wajib only one Kaffarah irrespective ofthe
number of fasts flagrantly broken during that Ramadan.
8.Do the penalties add upfrom year to year?
Yes. If fasts were flagrantly nullified in more than one Ramadan, the
number of Kaffarah will be equal to the number of Ramadan. So if fasts
were flagrantly broken in three different Ramadans, three different
Kaffarah will be obligatory.
9.What if the Kaffarah month is less than 30 days?
When the Kaffarah is commenced on the 1st day of the Islamic month,
then fasting two full Islamic months will suffice for the Kaffarah
even if the total number of days in the two months are 58 days (29 day
months). If, however, the Kaffarah is started during the course of the
month, then it will be necessary to fast full 60 days.

Ramadan Articles - The Family in Ramadan

The Family in Ramadan
Praise be to Allah.
It is one of the blessings of Allah to the Muslim that He enables him
to fast in Ramadaan and to spend its nights in prayer. It is a month
in which good deeds are multiplied and people are raised in status,
whenAllah frees some people from the Fire. So the Muslim should strive
to make the most of this month and the goodness it brings; he should
hasten to spend his life inworship. How many people have been deprived
of this month because of sickness, death or misguidance.
The Muslim must make the most of his time during this month; he hasan
unavoidable duty towards his children, to raise them well and
bringthem up properly, to urge them to do all kinds of goodness and
make them get used to that – because the child will grow up in the
manner to which his parents makes him get accustomed.
During these blessed days, the father and mother have a role to play
in making the most of this time, and we can offer parents the
following advice:
1 –Checking on the children's fasting and encouraging those who fall
short in this regard.
2 –Reminding them about the real nature of fasting, and that it is not
just giving up food and drink, but it is a means ofattaining taqwa
(piety), and that it is an opportunity for sins to beforgiven and
expiated.
It was narrated from Abu Hurayrah that the Messenger of Allah (peace
and blessings of Allah be upon him) ascended the minbar
andsaid:"Ameen, Ameen, Ameen."It was said to him, "O Messenger of
Allah, why did you do that?" He said,"Jibreel said to me, 'May Allah
rubhis nose in the dust, that person who Ramadaan comes and his sins
are not forgiven,' and I said, 'Ameen'. Then he said, 'May Allah rub
his nose in the dust, that person who lives to see his parents grow
old, one or both of them, but he does not enter Paradise,' and I said,
'Ameen'. Then he said, 'May Allah rub hisnose in the dust, that person
in whose presence you are mentioned and he does not send blessings
upon you,' and I said, 'Ameen.'"
Narrated by Ibn Khuzaymah, 1888; al-Tirmidhi, 3545; Ahmad,7444; Ibn
Hibbaan, 908. See Saheeh al-Jaami', 3501.
3 –Teaching them the etiquette and rulings on eating, such as eating
with the right hand from what is directly in front of them; reminding
them that extravagance is haraam and is harmful tothe body.
4 –Not letting them spend too long on eatingiftaar so that they miss
praying Maghrib in congregation.
5 –Reminding them about the situation of thepoor and destitute who
cannot find even a mouthful of food to quench the fires of hunger;
reminding them of the situation of those who have migrated or are
fighting in jihad for the sake of Allah in all places.
6 –These gatherings offer an opportunity to bring relatives together
and uphold the ties of kinship. This custom still exists in some
countries, and it is an opportunity to reconcile and mend broken ties
between relatives.
7 –Helping the mother toprepare the food, and to clean up and keep the
food fit for eating.
8 –Reminding them to pray qiyaam (taraweeh) and to prepare for it by
not eating too much and to get ready in time to perform the prayer in
themosque.
9 –With regard to suhoor, the parents should remind the family of the
barakah (blessing) of suhoor and that it gives a person the strength
to fast.
10 –Allowing enough time before Fajr prayer so that those who have not
prayed Witr may do so, and so that those whohave delayed their prayer
until the end of the night may pray, and so that each person may make
du'aa' to his Lord as he wishes.
11 –Paying attention to praying Fajr on time in congregation in the
mosque, for those who are required to do so. Wehave seen many people
who wake up at the end of the night to eat, then they go back to bed
and neglect Fajr prayer.
12 –It was the practice of the Prophet (peace and blessings of Allah
be upon him) in the last ten days of Ramadaan to stayup at night and
wake his family. This indicates thatthe family should pay attention to
making the most of this blessed time in doing things that are pleasing
to Allah, may He be glorified and exalted. So the husband should wake
his wife and children to do that whichwill bring them closer to their
Lord.
13 –There may be small children in the house who need to be encouraged
to fast, so the father should urge them to get up for suhoor, and
encourage them to fast by praising them and giving a reward to the one
who fasts the whole month or half of it, and so on.
It was narrated that al-Rubayyi' bint Mu'awwidh said: On the morning
of 'Ashoora' the Prophet (peace and blessings of Allah be upon him)
sent word to the villages of the Ansaar saying,"Whoever started out
not fasting, let him not eat for the rest of theday, and whoever
startedthe day fasting, let him fast."She said: We used to fast and
make our children fast, [and take them to the mosques] and make toys
for them out of wool, then if one of them cried for food we would give
him that toy until iftaar.
Narrated by al-Bukhaari, 1859; Muslim, 1136 – the words in square
brackets were narrated by Muslim.
Al-Nawawi said:
This hadeeth shows that we should train children to do acts of worship
andget them used to that, but they are not accountable. Al-Qaadi said:
It was narrated from 'Urwah that when they are able to fast it becomes
obligatory uponthem. This is a mistake which is disproven by thesaheeh
hadeeth,"The Pen is lifted from three: from the child until he reaches
adolescence…"And Allah knows best.
Sharh Muslim, 8/14
14 –If possible, the father and mother shouldtake the family for
'Umrah in Ramadaan, andthat is something that will benefit them in the
Hereafter, themselves and their family, for 'Umrah during Ramadaanhas
the same reward as Hajj. It is better to go at the beginning of
Ramadaan so as to avoid the crowds.
15 –The husband should not overburden his wife with more than she can
bear of having to prepare food and sweets.Many people take this month
to prepare fancy foods and drinks, and they go extremes in that. This
detracts from the sweetness of this month and goes against the reason
for fasting, which is to attain piety.
16 –The month of Ramadaan is the month of the Qur'aan, so we suggest
that each family gets together to read Qur'aan. The father should
teach his family torecite Qur'aan and help them to understand the
meanings of the verses. In the same gathering they may also read a
book about the rulings and etiquette of fasting. Allah has enabled
many scholars and seekers of knowledge to write books which can be
used for preaching and teaching during Ramadaan; the books aredivided
into thirty parts, so one topic can be read each day, and this will
benefit everyone.
17 –They should be encouraged to spend andcheck on their neighbours
and the needy.
It was narrated that Ibn 'Abbaas said: The Messenger of Allah (peace
and blessings of Allah be upon him) was the most generous of people,
and he was at hismost generous during Ramadaan when Jibreel met him.
He would meet him each night and revise the Qur'aan with him. The
Messenger of Allah (peace and blessings of Allah be upon him) was more
generous than the blowing wind.
Narrated by al-Bukhaari, 6; Muslim, 2308.
18 –The parents should prevent their families and children from
staying up late at night and wasting their time inthings that are of
no benefit, let alone things that are haraam. For the devils among
mankind are more active in this month in promoting evil things and
acts of immorality to those who are fasting, during the nights of
Ramadaan and during the days.
19 –They should remember the family's meeting in Allah's Paradise in
the Hereafter,and the great joy of meeting there under the shade of
His throne. These blessed gatherings in this world and coming together
to obey Allah byseeking knowledge, fasting and praying are only the
means that lead to attaining that happiness.

Fathwa - Washing the burned deceased

Question
A twenty-year-old Muslimgirl was burned to death.Her body shrank and
all her body`s features were gone to the extent that her gender could
not be distinguished. How should we wash her according to the
Sunnah)please mention the evidence(? Is it permissible for males to
wash her, whether her Mahrams or non Mahrams, because we know that if
the women went in to wash her, it would cause catastrophicscreaming
because of thehorrible scene? Please note that she was unmarried.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
It is obligatory to wash the girl, if it is possible. If you fear that
her body will be torn, you must perform Tayammum )dry ablution( for
her; someone hits the ground with his hands and then wipes over her
face and hands. After that she is tobe shrouded and then you offer the
funeral prayer on her.
In his book Al-Mughni,Ibn Qudaamah, may Allaah have upon him, said: "…
and the one over whom a building fell, the burned and the drowned; if
it is possible to wash him, then he must be washed. If there is fear
that washing might tear the body, water should be poured over him
without touching him. If it is feared that water would tear the body,
he must not be washed and Tayammum should be made for him if it is
possible, like the living who is harmed by water. If it is not
possible to wash him because of the lack of water, Tayammumshould be
made for him. If it is not possible to wash all his body, they have to
wash what is possible to wash and perform Tayammum for the other
parts, like a living individual."
ImaamAn-Nawawisaid: "If it is difficult to wash the dead for the lack
of water or because he is burnt so that if they washed him his body
willtear, they must not wash him. Rather, they have to perform
Tayammum for him. It is obligatory to perform Tayammum since it is a
cleaning process with no relevance to removing the impurities. Hence,
if itis impossible to use water, it will be incumbent to perform
Tayammum."
As for the question: who is to wash her if she was unmarried?
The answer is that women should wash her, and the priority is for
herMahram-women, if not then the non- Mahrams of women, if not then
theforeign women. If there are no women )able to wash her( or there is
a fear that they may scream, the closest men of her Mahrams should
wash her. They may do that in the presence of women. However, If there
are no Mahrams whether males or females the vast majority of the
scholars choose toperform Tayammum for her. Furthermore, there
isanother scholarly opinion indicating covering her with a sheetthen
washing her from under it whilst the one who washes her wears gloves
or the like and lowers his gaze as much as possible.
Allaah Knows best.