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.

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.

The conquest of Makkah, 20 Ramadan - II

Abu Sufyaan honored
Al-'Abbaasappeared before the Prophet of Allaah, sallalahu alayhi wa
sallam, and submitted, "Abu Sufyaan is a person who loves honor, so
would you please give him some special honor." At this he,sallalahu
alayhi wa sallam, said, "He who enters the Sacred Mosquewill be safe,
he who enters the house of Abu Sufyaan will be safe, and he who shuts
his doors upon himself will be safe." Abu Sufyaan felt elated.
The army on the move surged like an ocean. Different tribes had passed
by with their tribal colors. Abu Sufyaanascended a raised spot
towitness the spectacle of the Muslim troops on the march and hurried
back to Makkah ahead of all toannounce: "He who enters the Sacred
Mosqueor my house will be safe."The Prophet of Allaah, sallalahu
alayhi wa sallam, wanted to avoid bloodshed at all costs. Hisexit from
Makkah in a state of helplessness and then his victorious and glorious
return must have been on his mind. This day he made a triumphant entry
into Makkah with his head lowered giving thanks to Allaah The
Almighty. He, sallalahu alayhi wa sallam, then circumambulated the
Ka'bah seven times mounted on his animal and then cleared the Ka'bah
of idols. He then took the keys of the Ka'bah from 'Uthmaan Ibn
Talhah, and entered the Ka'bah and prayed toAllaah The Exalted.
Following this the Prophet of Allaah, sallalahu alayhi wa sallam,
stood at the door of the Ka'bah, holding its frame, while the Quraysh
arranged themselves in front of him in the courtyard filled with fear
and shame.
Historic Address of the Prophet:
The Prophet said addressing them:"None hasthe right to be worshipped
but Allaah. He has fulfilled His Promise and help to His slave. He has
alone overthrown all the Confederates. All the rites, privileges and
claims to retaliation and blood compensation are beneath my feet
except the custody of the Ka'bah and the giving water to the pilgrims.
Even cutting down agreen tree is not valid within the sanctuary. O you
people of the Quraysh, Allaah has abolished thehaughtiness of paganism
and thepride of lineage. Man comes fromAadam and Aadam came from clay.
Allaah the Almighty Says)what means(:'O mankind, indeed We have
created you frommale and female and made you peoples and tribes that
you may know one another. Indeed, the most noble of you in the sight
of Allaah is the most righteous of you. Indeed, Allaah is Knowing and
Acquainted'.]Quran, 49:13[
O Quraysh! what do you think I am about to do with you?""We hope for
the best," they replied, "You are a noble brother, son of a noble
brother." The Prophet of Allaah said in reply,"I say to you what
Yoosuf )Prophet Joseph( said to his brothers:'Have no fear this day,
go your way for you are all free'."
The address being over, the Prophet, sallalahu alayhi wa sallam, went
up toMountSafaand sat down to take the oath of allegiance to Allaah
and His Messenger from the people. After finishing with men, he
deputed 'Umar to take the oath from the women, and he kept seeking
forgiveness of Allaah for them. Safwaan ibn Umayyah fled toYemenfor
fear of life. Umayr ibn Wahb from his tribe sought safety for him and
he was granted immunity. Safwaan was the man who had resisted the
entry of the Muslims into Makkah and fled from Makkah after the
conquest; so did 'Ikrimah Ibn Abu Jahl, and he too was granted safety.
Both of them had the pleasure of coming to the fold of Islam after the
battle of Hunayn.
The Truth came and Falsehood vanquished
Destruction of idols installed in the Ka'bah meant the destruction of
the idols all overArabia. Likewise, the entry of theQuraysh into Islam
implied the whole Arabiacoming to the fold of Islam, for all eyes were
fixed on the Quraysh of Makkah to see whether they accepted Islam or
not.
After the conquest of Makkah, the Prophet, sallalahu alayhi wa sallam,
announced throughout the land that nobody becoming a Muslim was
allowed to keep an idol in his house.Following this he sent a few
parties to destroy idols installed in the area around Makkah. He sent
Khaalid ibn Al-Waleedat the head of thirty soldiers to break 'Uzzaa,
the idol of Banu Kinaanah and to pull down its temple. Khaalid ibn
Al-Waleed went and broke 'Uzzaa to pieces and razed its temple to the
ground. 'Amr ibn Al-'Aaswas sent to destroy Suwaa', the idol of Banu
Huthayl. When 'Amr ibn Al-'Aas reached the spot, the priest said,"How
will you be able to overpower it?" 'Amr said,"Just watch." Saying this
he entered the temple and broke the idol to pieces. Sa'd ibn Zayd was
sent to Qadeed to destroyManat. The priests were sure the Muslims
would fail in their task but they saw with their own eyes the
believers break the idols and pull the temple down. All idols and
temples were destroyed.
The first priority being completed, the Prophet, sallalahu alayhi wa
sallam, resumed his mission of preaching Islam through Muslim
missionaries and sent them near and far.

The conquest of Makkah, 20 Ramadan - I

According to the terms ofthe treaty of Hudaybiyah,the Arab tribes were
given the option to join either of the parties with which they desired
to enter into treaty alliance,the Prophet's sallalahu alayhi wa
sallam, or the Quraysh's. As a consequence, Banu Bakr joined the
Quraysh, and Khuzaa'ah joined the Prophet, sallalahu alayhi wa sallam.
According to the Treaty they could not attack one another for a period
of ten years. But Banu Bakr developed an evil scheme against Banu
Khuzaa'ah and they planned to take revenge on their rivals. The
Quraysh of Makkah should have held Banu Bakr back from implementing
their plan against Banu Khuzaa'ah making them uphold the Treaty.
Instead of preventing them, the Quraysh, totally at variance with
their obligation to the Treaty, came out in the open lending full and
active support to Banu Bakr with men and material. They broke their
covenant to the extent that Safwaan ibn Umayyah, 'Ikrimah ibn Abu
Jahl, and Suhayl ibn 'Amr joined the fighting along with Banu Bakr.
The combined attack of Banu Bakr and the Quraysh inflicted on
BanuKhuzaa'ah a heavy loss of20 or 30 men. Being caught by a surprise
attack at night while theywere asleep, they found no where to take
refuge except at the House of Allaah, the Ka'bah, and even some of
them were killed there )this was alsoa breach of trust as the Ka'bah
was a sanctuary for all(.
A Few days after the incident Budayl ibn Warqa' and 'Amr ibn Saalim
came to Al-Madeenah and put their complaint before the Prophet,
sallalahu alayhi wa sallam. 'Amr ibn Saalim told his tale ofwoe in a
poem filled withgloom and grief at their being brutally attacked and
killed.
The Prophet of Allaah, sallalahu alayhi wa sallam, consoled them
saying,"You will be helped."Atthe time of their departure from
Al-Madeenah the Messenger of Allaah, sallalahu alayhi wa sallam,
remarked: "Abu Sufyaan has set out from Makkah to seek an extension in
the durationof Peace Treaty and get itconsolidated, but his mission
will end in failure."
When the Makkans foundtime to think over the consequences of their
misconduct, they were struck by fear. They sent Abu Sufyaan to renew
the Peace Treaty. The Messenger of Allaah, sallalahu alayhi wa sallam,
ordered the Muslims, on the other hand, to make preparations for the
ensuing battle and to keep it a top secret. On the way back to Makkah,
Budayl ibn Warqa' and his group came across Abu Sufyaan who was
heading for Al-Madeenah. "Where have you been?" asked Abu Sufyaan. "I
was only up in this valley," Budayl replied. Abu Sufyaan was under the
impression that the Prophet was unaware of the attack against Banu
Khuzaa'ah that had just occurred. Hewas determined to get the Peace
Treaty renewed as soon as possible.
Abu Sufyaan in Al-Madeenah
Abu Sufyaan came to Al-Madeenah and went tothe house of his daughter
Umm Habeebah)wife of the Noble Prophet, sallalahu alayhi wa sallam(.
But as he went to sit on the apostle's carpet she folded it up. "My
daughter," said he, "Do you think that the carpet is too good for me
or am I too good for the carpet." She replied, "It isthe apostle's
carpet and you are an unclean polytheist."
Being disgusted at the curt reply of his daughter, Abu Sufyaan stepped
out of her room and went to the Noble Prophet, sallalahu alayhi wa
sallam, but he, sallalahu alayhi wa sallam, was well aware ofhis
tricks and did not hold him any assurance. He then approached Abu
Bakrbut he declined to interfere. He contacted'Umaralso to intercede
but he made a point-blank refusal. At last he saw 'Ali ibn Abi
Taalibin this connection, but he also regretted his inability to do
anything for him.
Preparations for the Attack onMakkah
Immediately after the departure of Abu Sufyaan, the Prophet, sallalahu
alayhi wa sallam, asked the Companions to march on Makkah. In spite of
the massive size of the military preparations, theCompanions did not
know the target of attack. It was simply because the Messenger
ofAllaah, sallalahu alayhi wa sallam, wanted the Makkans to be caught
unaware.
However, a Companion ofthe Prophet, Haatib ibn Abu Balta'ahinformedthe
Quraysh of the impending Muslim attack,in a letter sent through a
woman. Allaah The Almighty inspired His Messenger with this. He,
sallalahu alayhi wa sallam, sent 'Ali and Az-Zubayr ibn
Al-'Awwaamimmediately after the woman with the description of her
features. They caught herafter a hard chase, searched her belongings
but the letter remained hidden. However, 'Ali wasquite sure about the
letter because he knew the Prophet, sallalahu alayhi wa sallam, would
not say anything that wasn't absolutely true. When 'Ali threatened her
with dire consequences, she drew out the letter from her hair and
handed it over to them. The letter was from Haatib ibn Abu Balta'ahto
the Quraysh. The letter along with the woman was brought to the
Messenger of Allaah. Haatib was sent for and was asked for an
explanation. He said,"Since my relatives were still in Makkah and in
danger, I wished to oblige the Makkans by informing them about the
ensuing Muslim attack so that my relatives would remain safe from
them." Having heard this, 'Umar lost his temper and said, "O Messenger
of Allaah! Allow me to cut his head off." But the Prophet, sallalahu
alayhi wa sallam, forgave him and told 'Umar that Haatib was truthful
in his claim, and Allaah would forgive him due to his partaking in the
battle of Badr.
March to Makkah
On Ramadan 11, 8 AH, theProphet, sallalahu alayhi wa sallam, set out
from Al-Madeenah at the head of a ten-thousand-man army of the
Companions. The failure of Abu Sufyaan's mission had disheartened the
Qurayshand they were in the dark about the plans of the believers. The
Prophet's march to Makkah was very swift. They came across his uncle
Al-'Abbaas ibn aAbdul-Muttalibon the way who, along with his wife and
children, was moving to Al-Madeenah after they had embraced Islam. The
Messenger of Allaah took Al-'Abbas to Makkah and sent his family to
Al-Madeenah. Marching quickly, the Muslim army reached Marruaz-Zahraan
at a distance of 8 miles from Makkah. TheMakkans were still unaware of
the presence of Muslim troops even though they were so close to
Makkah. They encamped at that place. The Makkans came to know of the
Muslim forceonly from the shepherds who went back in the night.
Informed of this, Abu Sufyaan came out to look into the matter. The
Prophet, sallalahu alayhi wa sallam, had already deputed 'Umarat the
head of a patrol party to ward off a night attack.
Al-'Abbaas ibn Abdul-Muttalib was anxious about the safety of his
people and wanted themto accept Islam and be safe. He came out mounted
on the mule of the Prophet, sallalahu alayhi wa sallam, in the night
and moved towards Makkah. As per the order of the Messenger of Allaah,
sallalahu alayhi wa sallam, the entire Muslim army had, in separate
groups of one thousand each, lit their campfires.
When Abu Sufyaan witnessed the blazing campfires spread over a vast
area, he was shocked and stunned to the core to think how such a large
army had been collected.
Al-'Abbaas recognized the voice of Abu Sufyaan even in the dark night
and sounded back that the army belonged to theProphet, sallalahu
alayhi wa sallam, and was readyto invade Makkah the next morning. Abu
Sufyaan was left more confounded at this disheartening news. He, in a
state of utmost bewilderment, drew nearAl-'Abbaas to seek his counsel
at this juncture. Al-'Abbaas said to him,"Ride on the back of this
mule and I will bring you to the Prophet, sallalahu alayhi wa sallam,
for he alone can give you protection." Abu Sufyaan got on the mule
without a moment's delay. 'Umar recognized Abu Sufyaan and wanted to
kill him at once, but Al-'Abbaas spurred the mule and quickly went
into the camp of the Prophet. 'Umar came chasing him and said, "O
Prophet of Allaah! Command me to kill this disbeliever, for he has
come under our control without any condition." Al-'Abbaassaid, "I have
already given him protection." But 'Umar sought permission once again.
Al-'Abbaas replied to him with a pinch of taunt,"'Umar'! You would not
have insisted on his being killed had he belonged to your
family."Thereupon 'Umar said, "OAl-'Abbaas! I felt more happy on your
accepting Islam than I would have been had my father doneso because I
found the Prophet eager for your becoming a Muslim." After this
exchange between the two, the Prophet of Allaah, sallalahu alayhi wa
sallam, enjoined, "Well, Abu Sufyaan is given respite for a night."
Following this he asked Al-'Abbaas to keep Abu Sufyaan in his own
camp.And next morning Abu Sufyaan appeared beforethe Prophet,
sallalahu alayhi wa sallam, and confessed Islam.
To be continued