Question:
I don't understand why women can't enter the masjid whilethey are
menstruating.I understand that during the Prophet's (SAW) time, there
wasn't proper protection. Today, there is proper protection in order
to ensure that one doesn't "leak". At my masjid, the women who can't
pray sit in a dark, cold corner, where the kids all talk and cry. I
don't see it as being fair, especially during the odd nights in
Ramadan. I would also like to engage in worship, make dua, read the
Qur'an, and listen to lectures....whyshould I not be blessedand not do
ibadah just because I'm on my period? There is no proper arrangement
inmy masjid for women to sit and listen, everywhere you go there are
kids screaming and crying except in the main prayer hall. Allah knows
my intention, and I am there to worship him on a night which could be
better than a thousandother nights. Please explain this to me.
Answer:
As-Salamu `alaykum:
There was protection even in the time of the Prophet, upon him peace,
and menstruatingwomen did not go around "leaking" whether at home or
outside it, so the Law that was good for them is good for us also.
Yes, you are right that it is not fair that women should sit in a
dark, cold corner or stuck with pesky tots day in and dayout but this
is irrespective of their physical state and the rulings pertaining
thereto. More importantly, one is blessed and doing `ibadaregardless
of one's physical state because worship is not founded upon the acts
of the body but upon intention as the Prophet said, upon him peace:
"Actions count only according to intention."
Therefore, your intention to worship Allah Most High is fulfilled
regardless of thestate of your body, and your reward may thus bejust
as great if not greater in the fact that you follow His guidelinesand
submit to His Decree as applies to your condition and your
responsibilities as a family caretaker, than it would be if you were
praying in the heart of the Ka`ba on Laylat al-Qadr without the least
attachment to the dunya.
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Sunday, August 25, 2013
Fathwa, - The relevancy of rulings on menstruation and the reward for worship
Fathwa, - Women’s Discharge
Question:
I wanted to know what the ruling was for women who have discharge...
does it nullify their wudu?... if so, then what about the women who
have it daily, even if they discharge during prayer... does it then
mean that their prayerdoes not count and that they'd have to make wudu
and pray again?
Answer:
Assalamu alaikum,
The default is that anything that exits from either private parts
nullifies ritual ablutions (wudu), for both men and women. Such things
are also considered in themselves ritually impure (najis). [Haskafi,
Durr al-Mukhtar, �Bab al-Ghusl�]
This includes all female discharge, except one type. The discharge
that does not nullify ritual ablutions (wudu) and is considered
ritually clean (tahir) is the �chronic vaginal discharge� (rutubat
al-farj) that comes out normally and regularly, and is clear and not
discolored. Somescholars explain it to be akin to the �sweating of the
vaginal walls.� When reasonably possible, one should renew one�s
ritual ablutions in such cases. However, when it is difficult to do
so, such as at work or school, there is nothing wrong with following
this ruling. It is what is indicated by the words of Ibn Abidin, as
confirmed by the fuqaha.
It should be noted, again, though that all other discharge, even if
slightly discolored, nullifies ritual ablutions and is ritually
impure.
I wanted to know what the ruling was for women who have discharge...
does it nullify their wudu?... if so, then what about the women who
have it daily, even if they discharge during prayer... does it then
mean that their prayerdoes not count and that they'd have to make wudu
and pray again?
Answer:
Assalamu alaikum,
The default is that anything that exits from either private parts
nullifies ritual ablutions (wudu), for both men and women. Such things
are also considered in themselves ritually impure (najis). [Haskafi,
Durr al-Mukhtar, �Bab al-Ghusl�]
This includes all female discharge, except one type. The discharge
that does not nullify ritual ablutions (wudu) and is considered
ritually clean (tahir) is the �chronic vaginal discharge� (rutubat
al-farj) that comes out normally and regularly, and is clear and not
discolored. Somescholars explain it to be akin to the �sweating of the
vaginal walls.� When reasonably possible, one should renew one�s
ritual ablutions in such cases. However, when it is difficult to do
so, such as at work or school, there is nothing wrong with following
this ruling. It is what is indicated by the words of Ibn Abidin, as
confirmed by the fuqaha.
It should be noted, again, though that all other discharge, even if
slightly discolored, nullifies ritual ablutions and is ritually
impure.
Fathwa, - Irregular bleeding…should I not take a dispensation on this issue?
Question:
Recently I have noticedthat my menstrual cycle has become longer than
the normal 8 to 9 days which it lasted. Now, my regular cycle has
moved from 9 days to 10 or 11 days. But according to the Hanafi rule,
I must begin to pray on my 11th day. However, if I know that this is
part of my cycle, can I not take a dispensation onthe issue?
Answer:
Assalamu alaykum
Menstruation is the monthly discharge of blood that lasts from three
to ten days. Any blood released for less than three days or beyond ten
days is not considered menstruation[Maraqi al-Falah]. The fact that
you consider it menstrual blood is not legally relevant.
Its exceeding ten days means that it can not be considered as such.
Rather it will be considered abnormal uterine bleeding (istihada) so
after the tenth day one must perform a ritual bath and start praying.
In addition, as the bleedinghas exceeded ten days one must rely on
one's previous menstrual period ('aada) to ascertain how many daysof
the bleeding are to beconsidered menstruation.
So for example if one's last menstrual period was 9 days and then the
next one was 11 days, one would perform a ghusl and start praying on
the tenth day and onewould make up one day of prayers as the
menstruation will be seen to have ended on the 9th day and the tenth
will be considered abnormal uterine bleeding (istihada). There is no
difficulty or hardship in this. It is purely submission.
Recently I have noticedthat my menstrual cycle has become longer than
the normal 8 to 9 days which it lasted. Now, my regular cycle has
moved from 9 days to 10 or 11 days. But according to the Hanafi rule,
I must begin to pray on my 11th day. However, if I know that this is
part of my cycle, can I not take a dispensation onthe issue?
Answer:
Assalamu alaykum
Menstruation is the monthly discharge of blood that lasts from three
to ten days. Any blood released for less than three days or beyond ten
days is not considered menstruation[Maraqi al-Falah]. The fact that
you consider it menstrual blood is not legally relevant.
Its exceeding ten days means that it can not be considered as such.
Rather it will be considered abnormal uterine bleeding (istihada) so
after the tenth day one must perform a ritual bath and start praying.
In addition, as the bleedinghas exceeded ten days one must rely on
one's previous menstrual period ('aada) to ascertain how many daysof
the bleeding are to beconsidered menstruation.
So for example if one's last menstrual period was 9 days and then the
next one was 11 days, one would perform a ghusl and start praying on
the tenth day and onewould make up one day of prayers as the
menstruation will be seen to have ended on the 9th day and the tenth
will be considered abnormal uterine bleeding (istihada). There is no
difficulty or hardship in this. It is purely submission.
Social system in Islam -II
The Unique feature of Islam:
Islam was born with the unique feature of amalgamating the secular
with religious, the worldly with the other-worldly, and with a clear
approach to socio-economic affairs and with awell-defined
administrative system.
The famous Italian orientalist Dr. Laura Veccia Vaglieri, stated:"With
Islam, the spirit was liberated from prejudice, man's will was set
free from the ties which had kept it bound to the will of other men,
or other so-called hidden powers, priests, false guardians of
mysteries, brokers of salvation; all those who pretended to be
mediators between God and man and consequently believed that they had
authority over other people'swills, fell from their pedestals.
Because the Unity of God embraces all other unities, this religion was
born with the unique feature of amalgamating the secular with
religious, the worldly with the other-worldly, and with a clear
approach to socio-economic affairs and with awell-defined
administrative system.
Man became the servant of Allaahalone and towards other men he had
only the obligations of one free man towards another. While men had
suffered from the injustices of social differences, Islam proclaimed
equality amonghuman beings. Each Muslim was distinguished from other
Muslimsonly by his greater fear of Allaah, his good deeds, and his
moral and intellectual qualities."]Apologia dell Islamismo, pp.
33-34[.
Allaah Says )what means(:"O mankind! We have created you from a male
and a female, and made you into nations and tribes,that you may know
one another. Verily, the most honourable of you with Allaah is that
)believer( who has piety. Verily, Allaah is All-Knowing,
All-Aware."]Quran 49:13[
The most important and fundamental principle in Islam, isthe doctrine
of Monotheism. Monotheism in Islam is not only atheological principle
but it is the cornerstone of Islamic epistemology and the most basic
principle of the methodology of Islam and all Islamic studies.
According to this principle, authority, judgment and power belong to
Allaah. This doctrine liberates the whole of humanity from all sorts
of domination, and every kind of intermediary and subjugation, and
provides Muslims with a strong sense of independence. This doctrine,
together with the Islamic principle of "the duty of enjoining,
spreading and encouraging good and forbiddingevil" provides Muslims
with the legal, spiritual, social, theological and ethical
justification to establish a Divine order. Islam never approves
imperialism, dictatorship, colonialism, oppression, tyranny, power
politic, authoritarianism, totalitarianism, theocracy, oligarchy and
monarchy.
Main principles of Islamic way of administration:
1. The foremost feature of the Islamic administration is that its
subjects should have implicit faith in Allaah, and it should be
clearly understood that Government has no absolute power over them,
nor are they itsslaves.
2. The main objective of the Islamic administration is to establish
and promote the virtues approved by Allaah as wellas prevent and
suppress the vicesdisliked by Him. It is for this reason that
righteousness and respect for Allaah should be displayed in the
character of the head of the Islamic government. Government employees,
judges and military officers should imbibe this spirit and, in turn,
infuse it into the Muslim society.
3. The rule of the law is indispensable to an Islamic socialorder. The
Prophet Muhammadwas sent with the Book, the Constitution of a Muslim
community, the Balance, and the Divine standard in conformity with
which Authority puts the Book into practice so that the people subsist
by absolute justice. Nobody could be above the law in a Muslim
society, nor could they transgress its limits. Itshould be enforced
for all without any discrimination, the courts being free from outside
pressure. History has witnessed that most of the Muslim caliphs set up
the best examples, adhering to this principle. In spite of enjoying
more powers than kings of the past and presidents of the present, they
adhered strictly to the law. Friendship and nepotism never induced
them to ignore the prescribed rules and regulations, nor did their
personal displeasurecause harm to any one against the cannons of the
Islamic Law.
Men make their own history and are responsible for their own condition
individually and socially:
1. Justice and the rule of the Law being the foremost articles of
theIslamic constitution, it falls to thesubjects to obey the
government since Islam is strictly opposed to anarchy and social
disorder. This, however, does not mean that thesubjects must obey
their rulers inevery instance. The Prophetisreported to have said:
"There is no obedience in sin…" ]Abu Daawood[, but the failure to
obeydoes not mean it is necessary to break out in revolt against the
government. Rather it means that Muslim individuals of the community
are responsible for their own felicity and salvation. Allaah Say )what
means(:"Allaah does not change the state of a people as long as they
do not change their state themselves…"]Quran 13:11[ Men make their own
history and are responsible for their own condition individually and
socially, thus advice and preaching should always come first.
2. Another important article in this constitution is the establishment
of an advisory system of government. Advice of the learned, of pious
persons andpersons of sound judgment and expert knowledge enjoying the
confidence of the people is always to be sought. In turn, these
persons are expected to speak out and express their opinions according
to the dictates of their conscience with precision and integrity. This
advisory system is so important to a Muslim community that Allaah
speaks of the first, exemplary Muslim community as)what means(")those(
who)conduct( their affairs by mutual consultation…"]Quran 42:38[ in
praise of them. This importance becomes more explicit when the fact
that this first community was led by the Prophethimself is taken into
consideration, who was described by Allaah in the following verse
)what means(:"Nor does he speak of )his own( desire."]Quran 53:3[.
Allaah againshows the importance He attaches to the advisory system or
counsel by ordering His beloved Messengerto counselwith his
companions.
Even after the reverse the Muslims experienced at the Battleof Uhud
due to the disobedience of some Muslims' soldiers to the Prophet's
ordersHe instructs it. The Prophetand his rightly-guided successors
never avoided counsel where and whenit was necessary. Thus, counsel is
one of the cornerstones of an Islamic government.
3. Many affairs are settled through counsel or consultation in Islam.
A judge settles through consultation a case about which he cannot
arrive at an establishedverdict in accordance with the Quran and the
Sunnah, thus consultation, like Ijtihaad )a juristic opinion of
scholars on matters which are not specified in the Quran or the
Sunnah( and analogy, is one way of reaching a judgment. Further, any
punishment, which is of a secondary nature, and not explicitly decreed
in the Quran and the Sunnah can be given by the judge after
consultation with authoritative Muslim jurists.
In Islam sovereignty is vested in Allaah and the people are His
representatives who carry out Hiscommandments on earth. They have to
follow and obey the legislations given by Allaah through His Prophet.
Government is subservient to the Divine Law and exercises its
authority in accordance with the injunctions of Allaah and within the
limits prescribed by Him.
Although a system of Sultanate replaced this ideal system following
the resignation of Hasan, the Son of 'Ali Ibn Abu Taalibmost of the
Muslim rulers remained faithful and obedient to the law and dictates
of the Islamic constitutional system. Lastly, through consultation
again, scholarly representatives of the people should be able to make
the ruler abdicate when he deviates from the Right Path.
5. Another article of the constitution provides for freedom of
opinion. Furtherance of virtue and suppression of evil has been
enjoined by Islam not only as the right of Muslims, but their
essential duty. Freedom of conscience and speech is the pivot on which
the Islamic society and the administration function in the right
direction. The people have the liberty to find fault with the most
prominent among the Muslims when they go astray, and have the right to
be out-spoken in all matters, in a way that won't create or result in
a greater evil. Away to avoid a greater evil, is by knowing the
etiquettes of enjoining good and forbidding evil to "the rulers" and
to "the ruled"."
6. The last article of Islamic constitution is that the Public
Treasury is Allaah's property and a Trust of the Muslims. Nothing
should be received except through lawful sources and nothing should go
out except for lawful purposes. The ruler enjoys only so much
jurisdiction over it as a trustee has over the propertyof a minor
orphan under his custody: Allaah Says )what means(:"and whosoever
amongst guardians, he should take no wages, but if he is poor, let him
have for himself what is just and reasonable )according tohis
work(…"]Quran 4:6[
7. The ruler is bound to account for the income and expenditure of the
Public Treasury and the Muslims have every right to ask him for a full
account of income and expenditure.
Islam was born with the unique feature of amalgamating the secular
with religious, the worldly with the other-worldly, and with a clear
approach to socio-economic affairs and with awell-defined
administrative system.
The famous Italian orientalist Dr. Laura Veccia Vaglieri, stated:"With
Islam, the spirit was liberated from prejudice, man's will was set
free from the ties which had kept it bound to the will of other men,
or other so-called hidden powers, priests, false guardians of
mysteries, brokers of salvation; all those who pretended to be
mediators between God and man and consequently believed that they had
authority over other people'swills, fell from their pedestals.
Because the Unity of God embraces all other unities, this religion was
born with the unique feature of amalgamating the secular with
religious, the worldly with the other-worldly, and with a clear
approach to socio-economic affairs and with awell-defined
administrative system.
Man became the servant of Allaahalone and towards other men he had
only the obligations of one free man towards another. While men had
suffered from the injustices of social differences, Islam proclaimed
equality amonghuman beings. Each Muslim was distinguished from other
Muslimsonly by his greater fear of Allaah, his good deeds, and his
moral and intellectual qualities."]Apologia dell Islamismo, pp.
33-34[.
Allaah Says )what means(:"O mankind! We have created you from a male
and a female, and made you into nations and tribes,that you may know
one another. Verily, the most honourable of you with Allaah is that
)believer( who has piety. Verily, Allaah is All-Knowing,
All-Aware."]Quran 49:13[
The most important and fundamental principle in Islam, isthe doctrine
of Monotheism. Monotheism in Islam is not only atheological principle
but it is the cornerstone of Islamic epistemology and the most basic
principle of the methodology of Islam and all Islamic studies.
According to this principle, authority, judgment and power belong to
Allaah. This doctrine liberates the whole of humanity from all sorts
of domination, and every kind of intermediary and subjugation, and
provides Muslims with a strong sense of independence. This doctrine,
together with the Islamic principle of "the duty of enjoining,
spreading and encouraging good and forbiddingevil" provides Muslims
with the legal, spiritual, social, theological and ethical
justification to establish a Divine order. Islam never approves
imperialism, dictatorship, colonialism, oppression, tyranny, power
politic, authoritarianism, totalitarianism, theocracy, oligarchy and
monarchy.
Main principles of Islamic way of administration:
1. The foremost feature of the Islamic administration is that its
subjects should have implicit faith in Allaah, and it should be
clearly understood that Government has no absolute power over them,
nor are they itsslaves.
2. The main objective of the Islamic administration is to establish
and promote the virtues approved by Allaah as wellas prevent and
suppress the vicesdisliked by Him. It is for this reason that
righteousness and respect for Allaah should be displayed in the
character of the head of the Islamic government. Government employees,
judges and military officers should imbibe this spirit and, in turn,
infuse it into the Muslim society.
3. The rule of the law is indispensable to an Islamic socialorder. The
Prophet Muhammadwas sent with the Book, the Constitution of a Muslim
community, the Balance, and the Divine standard in conformity with
which Authority puts the Book into practice so that the people subsist
by absolute justice. Nobody could be above the law in a Muslim
society, nor could they transgress its limits. Itshould be enforced
for all without any discrimination, the courts being free from outside
pressure. History has witnessed that most of the Muslim caliphs set up
the best examples, adhering to this principle. In spite of enjoying
more powers than kings of the past and presidents of the present, they
adhered strictly to the law. Friendship and nepotism never induced
them to ignore the prescribed rules and regulations, nor did their
personal displeasurecause harm to any one against the cannons of the
Islamic Law.
Men make their own history and are responsible for their own condition
individually and socially:
1. Justice and the rule of the Law being the foremost articles of
theIslamic constitution, it falls to thesubjects to obey the
government since Islam is strictly opposed to anarchy and social
disorder. This, however, does not mean that thesubjects must obey
their rulers inevery instance. The Prophetisreported to have said:
"There is no obedience in sin…" ]Abu Daawood[, but the failure to
obeydoes not mean it is necessary to break out in revolt against the
government. Rather it means that Muslim individuals of the community
are responsible for their own felicity and salvation. Allaah Say )what
means(:"Allaah does not change the state of a people as long as they
do not change their state themselves…"]Quran 13:11[ Men make their own
history and are responsible for their own condition individually and
socially, thus advice and preaching should always come first.
2. Another important article in this constitution is the establishment
of an advisory system of government. Advice of the learned, of pious
persons andpersons of sound judgment and expert knowledge enjoying the
confidence of the people is always to be sought. In turn, these
persons are expected to speak out and express their opinions according
to the dictates of their conscience with precision and integrity. This
advisory system is so important to a Muslim community that Allaah
speaks of the first, exemplary Muslim community as)what means(")those(
who)conduct( their affairs by mutual consultation…"]Quran 42:38[ in
praise of them. This importance becomes more explicit when the fact
that this first community was led by the Prophethimself is taken into
consideration, who was described by Allaah in the following verse
)what means(:"Nor does he speak of )his own( desire."]Quran 53:3[.
Allaah againshows the importance He attaches to the advisory system or
counsel by ordering His beloved Messengerto counselwith his
companions.
Even after the reverse the Muslims experienced at the Battleof Uhud
due to the disobedience of some Muslims' soldiers to the Prophet's
ordersHe instructs it. The Prophetand his rightly-guided successors
never avoided counsel where and whenit was necessary. Thus, counsel is
one of the cornerstones of an Islamic government.
3. Many affairs are settled through counsel or consultation in Islam.
A judge settles through consultation a case about which he cannot
arrive at an establishedverdict in accordance with the Quran and the
Sunnah, thus consultation, like Ijtihaad )a juristic opinion of
scholars on matters which are not specified in the Quran or the
Sunnah( and analogy, is one way of reaching a judgment. Further, any
punishment, which is of a secondary nature, and not explicitly decreed
in the Quran and the Sunnah can be given by the judge after
consultation with authoritative Muslim jurists.
In Islam sovereignty is vested in Allaah and the people are His
representatives who carry out Hiscommandments on earth. They have to
follow and obey the legislations given by Allaah through His Prophet.
Government is subservient to the Divine Law and exercises its
authority in accordance with the injunctions of Allaah and within the
limits prescribed by Him.
Although a system of Sultanate replaced this ideal system following
the resignation of Hasan, the Son of 'Ali Ibn Abu Taalibmost of the
Muslim rulers remained faithful and obedient to the law and dictates
of the Islamic constitutional system. Lastly, through consultation
again, scholarly representatives of the people should be able to make
the ruler abdicate when he deviates from the Right Path.
5. Another article of the constitution provides for freedom of
opinion. Furtherance of virtue and suppression of evil has been
enjoined by Islam not only as the right of Muslims, but their
essential duty. Freedom of conscience and speech is the pivot on which
the Islamic society and the administration function in the right
direction. The people have the liberty to find fault with the most
prominent among the Muslims when they go astray, and have the right to
be out-spoken in all matters, in a way that won't create or result in
a greater evil. Away to avoid a greater evil, is by knowing the
etiquettes of enjoining good and forbidding evil to "the rulers" and
to "the ruled"."
6. The last article of Islamic constitution is that the Public
Treasury is Allaah's property and a Trust of the Muslims. Nothing
should be received except through lawful sources and nothing should go
out except for lawful purposes. The ruler enjoys only so much
jurisdiction over it as a trustee has over the propertyof a minor
orphan under his custody: Allaah Says )what means(:"and whosoever
amongst guardians, he should take no wages, but if he is poor, let him
have for himself what is just and reasonable )according tohis
work(…"]Quran 4:6[
7. The ruler is bound to account for the income and expenditure of the
Public Treasury and the Muslims have every right to ask him for a full
account of income and expenditure.
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