Fathwa - The order to differ from the Jews concerning fasting the day of ‘Aashooraa’ came duringthe last period of the life of the Prophet

Question
Assalaamu alaikum, When Rasoolullah )salla Allahu alayhi wa sallam(
came to al-Madinah, he saw the Jews fasting Ashura and thus he
commanded the Muslims to fast that day too. In hislast year, he said
that if he was to live another year, then he would fast the 9th too,
so to differentiate from the Jews. Does that mean that the order of
differentiating from the Jews and Christians came in the last year?
Jazakum Allahu khairan
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
MuhammadisHis slave and Messenger.
The order to differ from the Jews concerning fasting the day of
'Aashooraa')10thof Muharram( such that one fasts another day along
with it ]whether before or after it[ came during the last period of
the life of the Prophet,, as thequestioner mentioned.
Ibn Hajarfrom the Shaafi'i school of jurisprudence said in his
bookFat-h Al-Baari,"There is another narration reported by Ahmadthat
was narrated by Ibn 'Abbaasin which the Prophetsaid: ''Fast on the day
of 'Ashooraa' and be different from the Jews, fast one day before it
or after it." This was towards the end of his life. The Prophetused to
like to act in accordance with the People of the Book in matters where
he was not ordered to do otherwise – especially when this would be
contradicting the practice of the idolaters. However, when Makkah was
conquered and Islambecame widespread, the Prophetwould differ from the
People of the Book, as was narrated in a Saheeh Hadeeth)authentic
narration(. Therefore the Prophetdid the same as the People of the
Book did initially, and said: 'We areworthier of Moosa)Moses(than
them.' Then heliked to differ from them and ordered us to add one day
before 'Aashooraa' or after it in order to be different from them."]
Allaah Knows best.

Fathwa - Fasting on the eleventh day of Muharram thinking that it is ‘Aashooraa’

Question
What is the ruling of fasting on a day thinking that it is the tenth
of Muharram according to the calendars found in bookshops but, in the
middle of the day, I discovered that it is the eleventh day of
Muharram?
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.
You should have checked and asked about the timewhen the moon was
sighted in a Sharee'ah-approved manner. You should not have depended
only on the calendar that may have been right or wrong. What counts is
a Sharee'ah-approved moon sighting.
If you did not fast on the tenth day thinking that itis the ninth day,
then it isan act of the Sunnah thatyou missed and, due to this, you
also missed the day of 'Aashooraa' because it is the tenth day of
Muharram. You are rewarded, Allaah Willing, for your intention and
sincere desire to fast on the day of 'Aashooraa'. The Prophet,
sallallaahu 'alayhi wa sallam, said: "When a slave falls ill or
travels, then he will receive a reward similar to that which he gets
for good deeds he used to perform at home while in good
health."]Al-Bukhaari[
You are also rewarded for your voluntary fastingon the eleventh day.
Allaah The Almighty never Wastes the reward of he who does good deeds.
From here on, youshould seek )a confirmation of( the moon being
sighted to avoid making such a mistake.
Allaah Knows best.

Islamic banking in the digital age

Islamic banking refers to a system of banking activities that is
consistent with the Sharee'ah )Islamic law( and guided by Islamic
economics. Thus, bankingprocedures including payment of Ribaa )usury
or interest( is Haraam)Islamically prohibited(. Islamic law also
prohibits trading in financial risk)which is seen as a form
ofgambling(, investing in businesses that include alcohol or pork, or
businesses that produce anti-Islamic media, etc. Inthe late 20th
century, a number of Islamic banks were created, to cater to this
particular banking market.
The first modern experiment with Islamic banking was undertaken in
Egypt under cover without projecting an Islamic image for
politicalreasons. The pioneering effort, led by Ahmad El-Najjaar, took
the form of a savings bank based on profit-sharing in the Egyptian
town of Mit Ghamr in 1963. This experiment lasted until 1967, by which
time there were nine such banks in the country.
Islamic banking has the same purpose as conventional banking except
that it operates in accordance with the Islamic rules, known as Fiqh
Al-Mu'aamalaat)Islamic rules on transactions(. The basic principle of
Islamic banking is the sharing of profit and loss and the prohibition
of Ribaa. Amongst the common Islamic concepts used in Islamic banking
are profit sharing)Mudhaarabah(, safekeeping )Wadee'ah(, joint
venture)Mushaarakah(, cost plus)Muraabahah(, and leasing)Ijaarah(.
In an Islamic mortgage transaction, instead of loaning the buyer
moneyto purchase the item, a bank might buy the item itself from the
seller, and re-sell it to the buyer at a profit, while allowing
thebuyer to pay the bank in installments. However, the fact that it is
profit cannot be made explicit and therefore there are no additional
penalties for late payment. In order to protect itself against
default, the bank asks for strict collateral. The goods or land is
registered to the name ofthe buyer from the start of the transaction.
This arrangement is called Muraabahah. Another approach is Al-Ijaarah
wal- Iqtinaa', which is similar to real-estate leasing.
Islamic banks handle vehicles' trade in a similar way )selling the
vehicle at a higher-than-market price to the debtor and then retaining
ownership of the vehicle until the loan is paid(.
There are several other approaches used in business deals. Islamic
banks lend their money to companies by issuing floating rate interest
loans. The floating rate ofinterest is pegged to the company's
individual rate of return. Thus the bank's profit on the loan is equal
to a certain percentage of the company's profits. Once the principal
amount of the loan is repaid, the profit-sharing arrangement is
concluded. This practice is called Mushaarakah. Further, Mudhaarabah
is venture capital funding of an entrepreneur who provides labor while
financing is provided by the bank so that both profit and risk are
shared.
Such participatory arrangements between capital and labor reflect the
Islamic view that the borrower must not bear all the risk/cost of a
failure, resulting in a balanced distribution of income and not
allowing lender to monopolize theeconomy.
Islamic banks have grown recently in the Muslim world but are a very
small share of the global banking system. Micro-lending institutions
such as Grameen Bank use conventional lending practices, and are
popular in some Muslim nations, but are clearly not Islamic banking.
]1[
Today, there are about seventy five )75( Islamic equity funds
worldwide based in Muslim countries and targeted atinstitutional
investors in the Middle East. The growth of the middle class in the
Muslim world is driving the advent of a 'new economic order.'
Some years ago, Dow Jones unveiled the first global stock benchmark
for Islamically conscientious investors. The Islamic market index
follows six hundred and sixty )660( Sharee'ah-compliant companies in
34 countries, including Microsoft, Coca-Cola etc. Brown Brothers
Harriman& Co. and a dozen other banks are introducing funds tracking
the index. Barclays of Britain and Commerz Bank AG of Germany are
nurturing new portfolios for Muslims. In November 1999, Financial
Times)FTSE( International in London introduced its own Islamic
indices.
Islamic scholars are open to creative solutions for the problems
raised by modern finance. Any respectable Islamic fund or financial
institutions has a board of scholars screening its investments and
practices. "Nearly all the scholars now agree, for example that it is
ok for Muslims to buy equities or stocks which are commitments to
responsible ownership", says Virginia-based Islamic scholar and fund
adviser Yusuf Talal Delorenzo. This approval of the scholars is
conditioned to such equities of stocks being Islamically lawful
themselves.
The Dow Jones index excludes hotel chains andairlines which serve
alcohol and pork, but theIslamic funds managed by Saturna capital
corp. do not. A. Rushdi Siddiq, Director of Dow Jones Islamic Index
Group, says:"Sharee'ah Boards are de-facto fund managers".
The strong middle class Muslims in Malaysia helped in producing some
recent innovations in Islamic finance. IslamQ.com will be launched in
Kuala Lumpur to become the first web site to offer online Islamic
stock trading. It is a virtual bazaar providing many services.
Surfers can check prayer times, plan pilgrimage to Makkah or 'Ask the
scholars' about how to handle finance under the Sharee'ah.
IslamiQ.com hopes to broaden what is possible for Muslim investors
within the bounds of what is Halaal, or permissible under Islamiclaw.
The Western style of banking is shunned by hundreds of millions of
observant Muslims around the world. They were left to invest in real
estate, trade financing, or small business; and to accumulate a pool
of cash that IslamiQ now estimates at US$ 150 billion and growing by
30% a year. "There is a lot of money that has been hidden under the
people's mattresses", saysHasnita Hashim, the Malaysian banker and
IslamiQ CEO and co-founder. IslamiQ.comwill have offices in New
York, London and Malaysia.
As investors' choices grow, Islamic finance is no longer the exclusive
domain of Muslims. Ms Hashim, who ran Islamic funds in her native
country )Malaysia( beforestarting IslamQ.com, saysthat more than half
of her investors were non-Muslims.

The Night Prayer )Qiyaamal-Layl(

What is Qiyaam al-Layl?
Qiyaam' means 'standing' and 'Qiyaam al-Layl' means 'standing in
night.' In the Islamic terminology, both terms refer to 'the voluntary
night prayer, whose time extends from after 'Ishaa' )evening( prayer
until dawn.' Qiyaam al-Layl is also known as Tahajjud.
A widespread misconception is that Tahajjud is a different night
prayer than Qiyaam. The true is that there is only one voluntary night
prayer known by different names.
The excellence of night prayer:
Numerous Prophetic narrations and Quranic verses mention the
excellence of night prayer and the merit of those who perform it
regularly. Allaah The Almighty, Says )what means(:"O you who wraps
himself ]in clothing[, arise]to pray[ the night, except for a
little–half of it – or subtract from it a littleor add to it, and
recite the Quran with measured recitation."]Quran 73: 1-4[
It is reported that the Messenger of Allaahsaid:"Allaah, Our Lord,
descends )in a manner befitting His Majesty( to the nearest heaven to
us of this universe during the last third of the night and says: 'Is
there anyone to call upon Me so that I shall respond to him )fulfill
his prayer(. Is there anyone to ask of Me that I may grant his
request. Is there anyone to seek My forgiveness so that I shall
pardonhim )and forgive his sins('."]Al-Bukhaari and Muslim[
Aa'ishahreported that the Prophetsaid:"The most beloved deeds to
Allaah are the most constant, even if they were little"]Al-Bukhaari
and Muslim[, and shesaid in another narration:"Do not ever stop
praying Qiyaam. The Prophetnever ceased praying it. When hewas sick or
weak, he prayed sitting."]Al-Bukhaari and Muslim[
The Messenger of Allaahin another Hadeeth, said:"Theclosest onecan
beto Allaah The Almighty, is during the last third ofthenight. If one
can remember Allaah TheAlmighty, at this time let him do
so."]At-Tirmithi, An-Nasaa'i and Al-Haaqim[
The Prophetalso said:"You should pray Qiyaam al-Layl, for it is the
habit of the righteous people who came before you, and it will bring
you closer to your Lord, expiate for bad deeds, prevent sin, and expel
disease from the body."]At-Tirmithi and Ahmad[
Mu'ath Ibn Jabalnarrated that the Prophetsaid to him:"May I show you
the gates of goodness?' )They are( "Fasting is screen from Hell,
charity extinguishes the sins as water extinguishes fire, standing in
prayer by a slave of Allaah during the last third part of a
night."Then the Prophetrecited this verse )what means(:"They arise
from ]their[ beds; they supplicatetheir Lord in fear and
aspiration…")Quran 32: 16( ]Abu Daawood and At-Tirmithi[
Abu Hurayrahreported that the Messenger of Allaahsaid:"The best of
prayer after those prescribed )i.e. obligatory prayer( is that in the
depth of night."]Muslim[
Abu Hurayrahalso reported that the Messenger of Allaahsaid:"May Allaah
have mercy on aman who wakes up at night, prays, and wakes his wife to
pray;and if she refuses, he sprinkles water on her face. And may
Allaah have mercy on a woman who wakes up at night, prays, and wakes
her husband to pray; and if he refuses, she sprinkles water on his
face."]Abu Daawood[
Abdullaah Ibn BashrreportedAllaah's Messengersaying:"Whoever prays
night prayer reciting ten verses, he will not be recorded among the
negligent. Whoever prays night prayer reciting one hundred verses, he
will be recorded among the devout. And whoever prays night prayer
reciting one thousand verses, he will be recorded among those with a
multitude ofgood deeds."]Abu Daawood[
Again, the Prophetsaid:"Verily,there is onehour during the )entire(
night when any Muslim )submittingto theWill of Allaahthe Almighty( may
call upon Allaah and request anything of Him, regardless ofwhetherthe
matter be worldly or of the hereafter. Allaah, theAlmightywill grant
and fulfill the request. This isthecase every night."]Muslim[
Those who regularly perform the night prayers are the righteous and
are more deserving of Allaah's bounty and mercy. AllaahSays )what
means(:"Indeed, the righteous will be among gardens and
springs,accepting what their Lord has given them. Indeed, they were
before that doers of good.They used to sleep but littleof the
night,and in the hours before dawn they would ask forgiveness."]Quran
51: 15-18[
Allaah Says that those who do not possess these qualities cannot be
treated as equal to those who possess them. He The Almighty Says )what
means(:"Is one who is devoutly obedient during periods of the night,
prostrating and standing ]in prayer[, fearing the Hereafter andhoping
for the mercy of his Lord,]like one who does not[? Say, "Arethose who
know equal to those who do not know?" Only they willremember ]who are[
people of understanding.'']Quran 39: 9[
Etiquettes of night prayer:
The following acts are Sunnah)recommended( for the one who wishes to
perform the night prayers. Upon going to sleep, oneshould make the
intention to perform the prayers. Abu Ad-Dardaa'related that the
Prophetsaid:"Whoever goes to his bed with the intention of getting up
and praying during the night, and sleep overcomes him until the
morning comes, he will have recorded for him what he had intended, and
his sleep will be a charity for him from his Lord."]An-Nasaa'i and Ibn
Maajah[
Upon waking, one should wipe one's face, use a Miswaak)toothstick(,
and make this supplication:"There is no god butYou, Glory be to You, I
seek forgiveness from You for my sins,and I ask for Your mercy. O
Allaah, increase my knowledge and let my heart not swerve afterYou
have guided me, and bestow mercy upon me from Yourself. Allpraise be
to Allaah who has givenus back life after our death and unto Him is
the resurrection."
Then, one should recite the last ten verses of chapter
'Al-'Imraan',then one should say,"O Allaah, toYou belongs the praise.
You are the Light of the heavens and the earth and what is therein.
And to You belongs the praise. You are the truth and Your promise is
true. And the meeting with You istrue. And the paradise is true. And
the Fire is true. And the prophets are true. And Muhammad is true. And
the Hour is true. O Allaah, to You have I submitted. And in You have I
believed. And in You have I put my trust. And to You have I turned.
And by You I argue. And to You do I turn for my decisions.Forgive me
of my former and latter sins, and those done in private and those done
in public. You are Allaah, there is no god besides You."
One should begin the night prayer with two quick Rak'ahs and then may
pray whatever he wishes after that. 'Aa'ishahsaid: "When the
Prophetprayed during the late-night, he would begin his prayers with
twoquick Rak'ahs." ]Muslim[
The recommended time for nightprayer:
The night prayer may be performed in the early part of thenight, the
middle part of the night, or the latter part of the night, but after
the obligatory 'Ishaa' )evening( prayer.
Anasdescribed the prayer of the Prophetas:"If we wantedto see him
praying during the night, we could see him praying. If we wanted to
see him sleepingduring the night, we could see him sleeping. And
sometimes hewould fast for so many days that we thought hewould not
leave fasting throughout thatmonth. And sometimes hewould not fast
)for so many days( that we thought hewould not fast during that
month."]Al-Bukhaari, Ahmad andAn-Nasaa' i[
Commenting on this subject, Ibn Hajarsaid:"There was no specific time
in which the Prophetwould perform his night prayer, but hewould
dowhatever was easiest for him."
Best time for night prayer:
It is best to delay this prayer to the last third portion of the
night. Abu Hurayrahreportedthat the Prophetsaid:"Our Lord descends to
the lowest heaven during the last third of the night, inquiring:'Who
will callon Me so that I may respond to him? Who is asking something
ofMe so I may give it to him? Who is asking for My forgiveness so I
may forgive him?"'
'Amr Ibn Abasahreported that he heard the Prophetsay:"The closest that
a slave comes to his Lord is during the middle of the latter portion
of the night. If you can be among those who remember Allaah, the
Exalted One, at that time then do so."]Al-Haakim, At-Tirmithi and
An-Nasaa'i[
The number of Rak'ahs )units of prayer( to be performed during night prayer:
The night prayer does not entail aspecific number of Rak'ahs whichmust
be performed nor is there any maximum limit which has to be performed.
It would be fulfilled even if one just prayed one Rak'ah of Witr after
the obligatory night prayer.
Samurah Ibn Jundubsaid:"The Messenger of Allaah ordered us to pray
during the night, a little or a lot, and to make the last of the
prayer the Witr prayer." ]At-Tabaraani and Al-Bazzaar[
It is preferable to pray eleven or thirteen Rak'ahs for night prayer:
One may choose between prayingthem all together or to separate them.
'Aa'ishahsaid: "The Messenger of Allaahnever prayed more than eleven
Rak'ahs,during Ramadan or otherwise. Hewould pray four Rak'ahs, and
don't ask about how excellent they were or how lengthy they were.
Then, hewould pray four Rak'ahs, and don't ask abouthow excellent they
were or how lengthy they were. Then, hewould pray three Rak'ahs. I
asked: 'O Messenger of Allaah, do you sleep before praying Witr?'
Hereplied: 'O 'Aa'ishah, my eyes sleep but my heart does not sleep."'
]Al-Bukhaari and Muslim[
'Aa'ishahsaid: "The prayer of the Messenger of Allaah during the night
would be ten Rak'ahs and then hewould make Witrwith one Rak'ah."