Category: Practice&Law

Skyscraper Sunsets

Skyscraper Sunsets

SkyscraperSunsets

Sunset and sunrise times vary with altitude. This has consequences for the timing of prayers and breaking of the fast on skyscrapers and mountains,as well as in planes (How much? We’ll see shortly.) But this is not as new a phenomenon as one might think, and even people on the ground might need to make some adjustments regarding sunset time. Read on if you are interested!

 

 

Book_of_Wonders_folio_36a_cropped

 

About 1,100 years ago, the Hanafi jurist Ibn Abi Musa was asked by the people of Alexandria (Egypt) about the time of iftar (breaking the fast), given that someone atop the Lighthouse of Alexandria would be able to see the sun for a significant length of time after it had clearly set (disappeared) for people on the ground. He replied that those on the ground can break their fast when they see the sun as having set, but those atop the lighthouse are not allowed to break the fast as long as they can still see the sun. [Badai` al-Sanai`, DKI, 2/576]

 

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The lighthouse (منارة) of Alexandria (a.k.a Pharos) was built in the 3rd century BC, commissioned by Ptolemy I (although various legends attribute it to Alexander the Great and others). It was over 100m high, probably built from limestone, and was one of the Seven Wonders of the Ancient World. According to a legend reported by historian Yaqut al-Hamawi (d. 1229CE / 626H), there was a hot spring inside that could heal leprosy and other diseases. [Yaqut al-Hamawi, Mu`jam al-Buldan]

TabaqatHanafiyyahIbn Abi Musa (d. ca. 946CE/334H) was the chief justice of Baghdad, and a man respected for his piety and ascetic lifestyle. He wrote several books on fiqh, including commentaries on some of the works of al-Shaybani, an abridgment of the work his contemporary al-Karkhi, and a work on usul al-fiqh. His full name is Abu `Abdillah Muhammad ibn `Isa). He was found dead, apparently killed by burglars, around the year 334H. [al-Jawahir al-Mudi’ah fi Tabaqat al-Hanafiyyah, 3/295-6 and 4/63]

PHAROS_Scale_Comparison

 

Yaqut al-Hamawi (historian, belletrist and grammarian, d. 1229CE / 626H) gave the lighthouse’s height as 230 cubits (i.e. 105m), but by his time, the top 20m or so had already collapsed due to an earthquake in 956CE / 345H. So, at the time of Ibn Abi Musa’s fatwa, the lighthouse was likely to have measured around 120m tall, which is approximately the height of a 25 – 30 floor modern building. This is taller than the National Shrine of the Immaculate Conception,in Washington DC (100m), and comparable to the Willis Building (125m, UK’s 36th tallest).

 

 

 

Variations in Sunset Times

So, how much difference does it make for prayer and fasting times Experts today tell us (see here and here) that sunset time gets later by approximately one minute for every 1,500m. That means the sunset delay from the top of the Pharos of Alexandria (150m), and indeed even from the top of today’s Burj Khalifah (828m), would be less than a minute. Some contemporary fatwas advise people atop the Burj to add 2-3 minutes (to the time used by people at ground level), probably to include a safety margin.

Uncertainties at Ground Level Too!

It is worth noting that exact sunset time can vary not only due to altitude, but also due to atmospheric conditions and other factors (see here and here for further details). Many Hanafi jurists therefore advise those who are using calculated sunset times to wait an additional 3 minutes before breaking the fast or performing the Maghrib prayer. Those living at high latitudes (beyond 60 degrees north of the Equator) would be well-advised to allow for a greater error-margin.

IslamicFinderSettingsThe popular IslamicFinder.org website for prayer-time calculation allows you to adjust the settings specify how many minutes to add to the calculated sunset time to produce the listed Maghrib time. But if you do this, make sure you don’t end up praying `Asr too late as a result! While `Asr time ends at sunset, and in light of the uncertainties and variations, it would be advisable to finish `Asr at least 3 minutes before the calculated sunset time, just as it is advised to pray Maghrib only 3 minutes after the calculated time. Of course, if you were inescapably delayed (or even if you were a bit negligent), such that less than three minutes remain before sunset time, you should go ahead and pray immediately; the prayer might still be on time.

800px-QaitbeyCitadel

A couple of final comments before we close.

One: What happened to the lighthouse? The remnants of the Pharos Lighthouse were removed, and a fort built on its platform in 1480CE / 885H by Mamluk Sultan Qaitbay.

 

 

799px-San_Stefano_Grand_Plaza,_Alexandria,_Egypt

The tallest building in Alexandria today is the San Stefano Grand Plaza measuring in at 135m high; approximately the same height as the original lighthouse!

May these and other current monuments of human achievement be preserved, and serve as sources of benefit to humankind. And may terrorists, and others who seek wanton destruction, be foiled.

 

Eventually, all material things of this world pass away in the natural course of time. As the famous poetess Khansa’ (d. 645CE/24H) wrote:

All men shall with Fate's hearthstones be assailed,
And lofty homes too one day shall come down.

 

May we, in these remaining days of Ramadan and thereafter, reflect on reality, and what we are building in the spiritual realm.Khansa_AthafidDahr.png

PICTURE CREDITS:

Destigmatizing Mental Illness

Destigmatizing Mental Illness

brain-3446307_960_720Mental illness is a frightening reality that has been falsely stigmatized in many of our communities. People ignore it, or are ashamed of it; they blame themselves for lack of faith; they blame demons and black magic; they avoid seeking medical treatment for it.

I have encountered many cases of mental illness in interactions with people in my personal life, as well as in my role as a chaplain. I have discussed these matters at some length with psychiatrists, and have attended various workshops about mental illness. I am also familiar with, and endeavor to remain faithful to the Islamic theological and legal tradition. So, with this background, let me make two quick points:

1. Being a good, practicing Muslim does not make you immune to mental illness

Your iman (faith) in God can help you in coping with mental illness, but it does not make you immune to it, just as faith does not make you immune to influenza, heart disease, cancer or broken bones. Mental illness is also a type of illness; after all the brain is part of the body. Hanafi jurist Ibn al-Humam (d. 861H) classified insanity as an involuntary contingency (عارض سماوي), and the same applies to many other forms of mental illness.  So, if you are suffering from mental illness, you do not have to assume it is because of weak faith or lack of spirituality. Do not be afraid or ashamed to reach out for social and medical help. As a Muslim, you are not committing any religious violation by taking medication. The Prophet Muhammad (peace be upon him) said,

تداوَوْا عبادَ اللهِ فإنَّ اللهَ لَمْ يضَعْ داءً إلَّا وضَع له دواءً (رواه ابن حبان)

Seek medical treatment, O servants of God,

for God has not made any disease without making a cure for it.”

2. But what about jinns and magic?

Insanity (جنون) was defined by pre-modern Muslim jurists as a disorder of the mind that prevents the person’s utterances and actions from being rational. It can be an ongoing condition, or have intermittent episodes. Most Sunni theologians do believe in the reality of demonic (jinn) possession and black magic. But this does not mean they are the cause of all mental illness. It is noteworthy that Hanafi jurist Amir Badshah (d. 972H), while discussing the “contingencies of capacity,” points out that there are two types of insanity: one caused by an imbalance in the brain, and which can be treated (with medication), and another type that is caused by demons, and against which spiritual remedies (such as Quranic recitation) can be of assistance1. I would go further to say that even if one is certain of the involvement of jinns or black magic, one can and should still pursue medical treatment for the symptoms, in addition to spiritual remedies such as Quranic ruqya.
May Allah protect us, and grant us strength to face the various tests in our lives.

FOOTNOTE:

1 (وَأما الْجُنُون) وَهُوَ اختلال الْعقل بِحَيْثُ يمْنَع جَرَيَان الْأَفْعَال والأقوال على نهجه إِلَّا نَادرا إِمَّا لنُقْصَان جبل عَلَيْهِ دماغه، فَلَا يصلح لقبُول مَا أعدّ لَهُ كعين الأكمه، ولسان الْأَخْرَس: وَهَذَا لَا يرجي زَوَاله، وَإِمَّا لخُرُوج مزاج الدِّمَاغ من الِاعْتِدَال بِسَبَب خلط أَو رُطُوبَة أَو يوسة متناهية، وَهَذَا يعالج، وَإِمَّا باستيلاء الشَّيْطَان وإلقاء الخيالات الْفَاسِدَة إِلَيْهِ. وَقد ينجع فِيهِ الْأَدْوِيَة الإلهية [أمير بادشاه, “تيسير التحرير” دار الكتب العلمية, 2/259]

PICTURE CREDIT: QuinceMedia, https://pixabay.com/en/brain-chain-health-idea-human-3446307/

Fiqh of Fasting (Hanafi) : annotated Quduri

The Chapter on Fasting from a central legal manual of the Hanafi school, the Mukhtasar of al-Quduri (d. 428H), annotated with clarifications and additional details from other normative Hanafi texts. Click the link below for the PDF:

Fiqh of Fasting (Hanafi) – Annotated Quduri

(c) 2018, Suheil Laher. Permission granted for personal, non-commercial use. May not be copied, sold, or posted on the internet without explicit permission.

DISCLAIMER: Information is presented for informational purposes. The translator neither guarantees that this
information is totally free from errors, nor that it is always suitable for acting upon or putting into
practice. Religious decisions should be taken with due care and thought, after reading and
investigating, but also after consulting with reliable people of knowledge – who are aware of one’s
particular circumstances – and then pondering and exercising one’s conscience.

What to Do during an Eclipse (Islam)

What to Do during an Eclipse (Islam)

SolarEclipse

As discussed in another post, eclipses are a reminder of God’s power, and of cosmic events at the end of the world, and are therefore a good time for spiritual reflection and prayer. This post summarizes recommended acts during the eclipse, and comments briefly on the spiritual dimensions of eclipse-viewing.

1) The Eclipse Prayer (Salat al-Kusuf)

إِنَّ الشَّمْسَ وَالْقَمَرَ لاَ يَنْكَسِفَانِ لِمَوْتِ أَحَدٍ مِنَ النَّاسِ، وَلَكِنَّهُمَا آيَتَانِ مِنْ آيَاتِ اللَّهِ، فَإِذَا رَأَيْتُمُوهُمَا فَقُومُوا فَصَلُّوا

The sun and moon do not eclipse for anyone’s death, but [in fact] they are two of the signs of God, so when you see them, then stand and pray.” [Bukhari]

Muslim scholars differed about some of the details of how to perform the eclipse prayer, and this is not the place to discuss that. You can consult a scholars whose knowledge and piety you trust, and follow their instructions on how to perform the salat al-kusuf. This video describes one of the methods.

2) Remembrance of God (Dhikr)

فَإِذَا رَأَيْتُمْ شَيْئًا مِنْ ذَلِكَ فَافْزَعُوا إِلَى ذِكْرِهِ وَدُعَائِهِ وَاسْتِغْفَارِهِ

…so, when you see anything of that, then hasten to remembrance (dhikr) of God, supplication (du`a) to God, and seeking God’s forgiveness (istighfar).” [Bukhari]

فاذكروا الله وكبروه وسبحوه وهللوه

so remember God, and declare God’s greatness, transcendence and oneness” [Sunan Sa`id ibn Mansur]

3) Charity

فَإِذَا رَأَيْتُمْ ذَلِكَ فَادْعُوا اللَّهَ وَكَبِّرُوا، وَصَلُّوا وَتَصَدَّقُوا

….so when you see that, then supplicate to God, declare God’s greatness, and give charity.” [Bukhari]

4) Manumission

لَقَدْ أَمَرَ النَّبِىُّ صلى الله عليه وسلم بِالْعَتَاقَةِ فِى كُسُوفِ الشَّمْسِ.

Asma’, the daughter of Abu Bakr, said: “God’s Messenger commanded the freeing of slaves at the solar eclipse.” [Bukhari]

5) Eclipse-Viewing

It is permissible to view the eclipse, provided you take sufficient precautions to avoid damaging your eyes. You should consult medical and astronomical experts for details of how to view the eclipse safely. If you take approriate medical precautions, then there is no religious prohibition on observing the eclipse, and in fact it is recommended if done with the correct attitude and intention.

Say: Observe what is in the heavens and earth.” (Quran, 10:101)

Do they not look into the realm of the heavens and the earth and everything that Allah has created and [think] that perhaps their appointed time has come near? ” (Quran, 7:185)

A couple more points should be noted regarding eclipse-viewing:

1) According to most Muslim scholars, the specific eclipse prayer (salat al-kusuf) is not an obligation, and according to this view one would not be sinful if one did not perform the prayer and instead spent the time observing the eclipse or engaged in other mundane activities. However, most Muslim scholars also agree that the eclipse prayer is strongly recommended, with some holding it to be obligatory. Therefore, it would not be encouraged to neglect this prayer entirely. The optimal eclipse prayer extends through the entire duration of the eclipse, but if one is unable to do that due physical difficulty, or time constraints, or simply because one would like to spend some time observing the eclipse, then one could perform a shorter eclipse prayer. Given that the eclipse duration will be close to three hours, you can very easily perform an eclipse prayer that is decently long (30 minutes or an hour, for example) and time this in such a way that you can still observe some of the eclipse. Small children, who will probably not have the attention span or endurance for a 2-3 hour prayer, should still be given the experience of partaking in a shorter eclipse prayer, and the rest of the eclipse duration can be filled in with eclipse-viewing, dhikr, dua, discussion about the mechanics and spiritual dimensions of the eclipse, and perhaps some craft activities.

2) While it is certainly permissible to view the eclipse, for the believer, such a viewing is not merely a “fun activity” or light-hearted party (for which there are plenty of other opportunities). Observing the eclipse should ideally be done with a spiritual attitude, bringing to mind God’s greatness, and with feelings of awe and fear.

إِنَّ الشَّمْسَ وَالْقَمَرَ آيَتَانِ مِنْ آيَاتِ اللَّهِ، لاَ يَنْكَسِفَانِ لِمَوْتِ أَحَدٍ، وَلَكِنَّ اللَّهَ تَعَالَى يُخَوِّفُ بِهَا عِبَادَهُ

The sun and moon are two of God’s signs. They do not eclipse for anyone’s death, but God thereby instils fear in His servants.” [Bukhari]

This fear is not an irrational, superstitious fear, but rather an experience of natural awe, as well as of fear of the events of the Day of Judgment. In fact, the religiously-recommended activities listed could conceivably be considered a type of Qiyama-drill that makes us think of God’s oneness, uniqueness and power; seek forgiveness from God; try to tip your balance of deeds through charity; free slaves, for the human being should be in bondage only to God.

And God knows best.

– Suheil Laher

PHOTO CREDIT: Vishnu_kv, https://pixabay.com/en/solar-eclipse-eclipse-sun-sky-moon-2575133/

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Not in God’s Name

Human history, one might conclude from the Bible and Quran, is an ongoing struggle against the human tendencies towards evil and polytheism. The late Hebrew Prophet Jeremiah censures his people for (among other transgressions) sacrificing their children to the Ammonite god Molekh. Much earlier, such child sacrifices are already condemned in the Pentateuch, and Leviticus 20:3 describes this ritual as profaning (חַלֵּל) God’s holy name. The Hebrew root for ‘profaning’ H-L-L, has an Arabic cognate, which is found in a Quranic verse (5:2) warning believers not to profane (تحلوا) God’s religious symbols, days, rituals and devotees. A famous Biblical prohibition against taking God’s name in vain (although it uses different wording) has been interpreted in various ways, many of which prohibit associating God’s name with sinful acts (be they lies, idolatrous rituals or anything else sinful). So, God’s name can be profaned by both explicit and implicit association with evil.

A famous hadith says that, “Any matter of importance that is not begun with God’s name is defective,” and observant Muslims are in the habit of reciting God’s name at the beginning of prayer, before eating, and when about to undertake any major action – provided of course the act is something religiously lawful. The hadith’s specification that the teaching applies to matters of importance implies that trivial matters should not be started with God’s name, in order to preserve the sanctity of the Name by not taking it in vain. Clearly, then, the name of God should not be recited before sinful actions, and in fact to do so is considered an act of blasphemy and apostasy by Muslim legal scholars. (They make an exception for someone who says it out of habit, without presence of mind, because he did not consciously intend to associate the name of God with the sin. In Shakespeare’s poem, The Rape of Lucrece, Tarquin stops at Lucrece’s door to pray before entering to rape her, “As if the heavens should countenance his sin.” “But in the midst of his unfruitful prayer,“ Tarquin realizes:

The powers to whom I pray abhor this fact;

How can they then assist me in the act? )

If the Hebrew prophets of yore were to witness our times, they would likely inveigh against the many social and ethical ills of today. And while child sacrifice is (thankfully) no longer prominent, there is a bane of our times that is evocative of its horrific disdain for the sacredness of life. Of course, I am referring to the acts of wanton killing and terrorism that (sadly) appear to be increasingly common. Major sins, like rape and murder, are certainly an act of implicit profanation of God’s name, and if someone (God forbid) explicitly utters God’s name upon it, the profanation becomes even greater.

 

When Caliph `Ali heard the Kharijites chanting the slogan, “Judgment is only God’s,” he is reported to have said, “It is a statement of truth by which falsehood is intended.” So, if a murderer shouts “Allahu Akbar” / “God is Great” / “Elohim Gadol” over his murder, those who truly understand God’s teachings might well shake their heads, and respond much as Caliph `Ali did. Yes God is indeed greater; greater than to defile His name by your profane sin of murder; greater than to not hold murderers responsible. We will not allow criminals to appropriate our sacred language. God is truly Great.

Islamic Regulations regarding Acknowledgment (of Obligation or Responsibility)

ACKNOWLEDGMENTS

(OF LEGAL OBLIGATIONS OR RESPONSIBILITIES)

PARTIAL TRANSLATION by Suheil Laher from

Kitab al-Iqrar in Mukhtasar al-Quduri

(a summary-text of Hanafi law).

Rulings presented are as inferred from Qur’an and Sunnah by scholars of the Hanafi school.

1.0 MONEY OR ITEMS OWED

  1. If a free, adult, sane [person] confesses to a right [due] upon him, his acknowledgment is binding upon him, whether what he confesses to is unknown or know, and he is instructed, “Clarify the unknown.
    • If he says, “I owe something to so-and-so ,” he must describe something that has value. His word is taken in the matter, along with an oath, if the person to whom the debt is acknowledged claims it to be more than that.
    • If he says, “I owe so-and-so money,” then recourse is made to him to clarify it, and his word is taken in [the case of his specifying] either a little or a lot.
      • [But] if he says, “I owe so-and-so a lot of money,” his word is not accepted for less than 200 dirhams, and if he says, “[I owe] many dirhams,” then he is not believed in [any amount] less than 10 dirhams.
      • If he [simply] says, “dirhams,” then [it is taken as 3, unless he specifies more than that.
        • If he says, “I owe him kadha kadha (such-such) dirhams,” he is not believed if [he claims it to be] less than 11 dirhams. If he says, kadha wa kadha (such and such) dirhams, then he is not believed if [he claims it to be] less than 21 dirhams.
  1. If he says, “I owe him,” or “I am liable to him (lahu qibali),” then he has confessed to a debt, whereas if he says, “I have….”, or “There is with me….” then it is an acknowledgment of a wadi`a (item deposited with him for safekeeping) in his custody.
  2. If a man says to him, “You owe me a thousand,” and he says, “Take it by weight, “ or “Take it in cash,” or “Give me an extension,” or, “I will pay it back to you, “ then it is an acknowledgment.

2.0 DUE-DATES AND EXCLUSIONS

  1. If someone admits to a deferred debt, and the one to whom he acknowledges [the debt] affirms him in the [existence of] the debt, but claims he is lying about the deferral,  then he is obliged to pay the debt immediately, [but] the plaintiff is made to swear an oath concerning the deferral.
  2. If someone admits [to an amount] but without delay he excepts some [amount] from his admission, is obliged to pay the remainder, regardless of whether he excepted a small or large amount. But if he excepted the entire amount, he is obliged to pay the entire amount, and his exception is void.
  3. If he says, “I owe him 200 dirhams, less one dinar” or “less a qafiz of wheat,” then he is obliged to pay 200 dirhams less the value of the dinar or the qafiz. But if he says, “I owe him one hundred and a dirham,” then the 100 are all [taken to be] dirhams. If he says, “ I owe him 100 and a garment” then he is asked to clarify what the 100 are.
  4. If someone acknowledges a debt but adds, “if God wills,” without delay, then his acknowledgment is not considered binding upon him.
  5. If someone acknowledges [a debt] but stipulates his having a choice [“I owe you, if I want”], then his acknowledgment is  binding, and his stipulation of choice is void.
  6. If someone acknowledges [owing] a home, but makes an exception for its building for himself. Then the one to whom he acknowledges [the debt] is entitled to the home and the building, but if he says, “the building of this property is mine, but the lot belongs to so-and-so,” then it is [considered to be] as he described.
  7. If someone acknowledges dates in a straw container (qawsarra) is liable for the dates and the straw container. But if someone acknowledges an animal in a stable, he is liable only for the animal.
  8. If he says, “I took a garment in a cloth,” he is liable for both, and [similarly] if he says, “a garment in a garment.” But if he says, “I took a garment in 10 garments,” then he is liable for only one garment according to Abu Hanifah and Abu Yusuf. Muhammad said: he is liable for 11 garments.

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3.0 ISSUES INVOLVING HEIRS

  1. If someone says, “I owe 1,000 to the unborn child with whom so-and-so is pregnant,” then if he says, “So-and-so left it as a bequest for him,” or “His father died, so he inherits it,” then the acknowledgment is valid, but if he did not specify then it is not valid according to Abu Yusuf. But if he declares that a man is entitled to the unborn fetus of a ewe, the declaration is valid and binding
  2. If a man in his terminal illness admits to debts, and he [already] has [known] debts incurred during his healthy days, as well as debts incurred for known causes during his illness, then the debts from his healthy days and the known debts from his illness are given priority over others. If those are paid, and there remains something [of his money] then it goes towards the debt he admitted to. But if he did not have prior debts, then the admission is binding, and the creditor has more right to the money than the heirs.
  3. A man’s acknowledgment of a debt to his heir is void, unless the other heirs all confirm it.
  4. If someone in his [last] illness acknowledges a debt to [someone thought to be] a non-relative, then says, “He is my son.” Then his lineage is established but the acknowledgment of debt is void. But if he acknowledges a debt to an unrelated woman, then marries her, the acknowledgment of debt is not voided.
  5. If someone in his [last] illness divorces his wife thrice [or less]  [at her request] then acknowledges a debt to her and dies while she is in the waiting-period] then she is entitled to the lesser amount of the debt and her inheritance [because they might have colluded to use the divorce as a means to validate the acknowledgment].

4.0 ACKNOWLEDGEMENT OF RELATIONSHIPS

  1. If someone acknowledges [paternity] of a boy, the like of whom could be born to the like of him, and [the boy] has no known lineage, his paternity is established even if [the man] is sick, and [the boy] shares in the inheritance with the [other] heirs.
  2. A man’s acknowledgment of someone as his parent, child, wife or freed-slave is valid.
  3. A woman’s acknowledgment of someone as her parent, husband, or freed-slave is valid, but [if she is married or in her waiting period then] her acknowledgment of someone as her child is not valid unless the husband affirms her or a midwife testifies to the birth [in which case the paternity is ascribed to her husband].

Islamic Regulations of Hunting and Slaughtering (Food)

FOOD (HUNTING AND SLAUGHTERING)”

Translated by Suheil Laher from

Kitab al-Sayd wal-Dhaba’ih in Mukhtasar al-Quduri

(a summary-text of Hanafi law), with some re-arrangement and editing.

Rulings presented are as inferred from Qur’an and Sunnah by scholars of the Hanafi school.

DISCLAIMER: Information presented here is for informational purposes only, and should not be construed as a call to perform or abstain from any specific action mentioned in the text. Religious decisions should be taken with due care and thought, after reading and investigating, but also after consulting with reliable people of knowledge – who are aware of one’s particular circumstances – and then pondering and exercising one’s conscience.

 

    • Permissibility
    • Use of Animals
    • Shooting

 

 

    • Conditions
    • The Animal
    • Types

 

 

1.0 HUNTING

1.1 Permissibility

1. The hunting of a Zoroastrian, apostate or idolater may not be eaten.

2. It is permissible to hunt those animals whose meat may be eaten [for the purpose of acquiring food],
and also those which may not be eaten [for the purpose of non-food benefits and/or prevention of harm].

  • If one slaughters that whose meat may not be eaten, its flesh and skin become pure [but not permissible to eat], except for the human and the pig, for slaughter does not have any effect on them [i.e. they remain impermissible both to consume and to use]

1.2 Use of Animals

1. It is permissible to hunt with a trained dog, panther, falcon, or any other trained predatory animal or bird.

  • The training of a dog is : that it refrain from eating three times.
  • The training of a falcon is : that it return when you call it.

2. So, if one sends his trained dog, or falcon, or hawk, and mentions the name of Allah, the Exalted upon it at the time of sending, and then [the animal] seizes the prey and wounds it such that it dies, it is permissible to eat it.

  • If the dog eats from it, [the prey] may not be eaten, but if the falcon eats from it, it can be eaten.
  • If the dog strangles [the prey] and does not wound it, it may not be eaten.
  • If an untrained dog – or a Zoroastrian’s dog, or a dog on which the name of Allah, the Exalted was not mentioned – participated with [the trained dog], [the prey] may not be eaten.

3. If the sender reaches the prey alive, it is obligatory upon him to slaughter it, and so if he refrains from slaughtering it until it died, then it may not be eaten.

1.3 Shooting

1. If a man shoots an arrow at prey, and mentions the name of Allah at the time of shooting, he may eat what he strikes provided the arrow wounded it so that it died [as a result]. But, if he reaches it alive, he [must] slaughter it, and so if he refrains from slaughtering it until it died, then it may not be eaten.

  • If the arrow strikes, and the animal struggles [and moves] so that it disappears from him, but he continues to pursue it until he overcomes it dead, it may be eaten. But, if he sat back from pursuing it, and then came upon
    it dead, it may not be eaten.
  • If he strikes quarry which then falls into the water and dies, it may not be eaten.
  • Similarly, if it falls on an inclined surface or mountain, and then tumbles down to the ground, it may not be eaten, but if it falls to the ground initially, it may be eaten.
  • If someone shoots a quarry, and strikes it without incapacitating it nor preventing it from escaping, and then someone else shoots it and kills it, it is his and may be eaten. But, if the first one incapacitates it and then the second one kills it, it may not be eaten, and the latter must reimburse the former for its price less its wound

2. That which a featherless arrow strikes with its breadth may not be eaten, but if it wounds [the quarry] it may be eaten.

  • That which is struck by a pebble may not be eaten if it dies from that.

3. If one shoots at quarry and severs a piece from it, [the animal] may be eaten, but the piece may not be eaten. But, if he cuts it in thirds, and the major portion is adjacent to the rump, then it may [all]be eaten. If the major portion is adjacent ot the head, the larger portion may be eaten, but the lesser one may not.

2.0 SLAUGHTERING

2.1 Conditions for Slaughtering

1. The slaughter of a Muslim or a Kitabi is permissible [to eat].

  • The slaughter of a Zoroastrian, apostate, idolator, or of [a Muslim] in ihram may not be eaten.

2. If the slaughterer omitted the pronouncment of the name [of Allah] deliberately, then the slaughter is carrion which may not be eaten. But, if he left it out forgetfully, it may be eaten.

3. The vessels which must be severed in slaughtering are four : the trachea, the oesophagus and the two jugular veins. So, if he cut [all] these, eating [from the animal] is permissible. If he cut most of them, then similarly [it is valid] according to Abu Hanifah. Abu Yusuf and Muhammad said : it is essential to cut the trachea, the oesophagus and one of the two jugular veins.

  • If one reaches the spinal cord with the knife, or severs the head, that is repugnant for him [to do], but the slaughter may be eaten.
  • If one slaughters a ewe from the back of its head, then if it remains alive until he severs the [required] vessels it is valid but repugnant. But, if it dies before the cutting of the vessels it may not be eaten.

4. It is permissible to slaughter with a sharp reed or stone, or anything that causes the blood to flow out, except for an intact tooth or an intact nail.

It is recommended that the slaughterer sharpen his blade.

2.2 The Sacrifical Animal

1. An animal with severed ears or [severed] tail does not suffice, nor one from which the major part of the ear has gone. But, if the major portion of the ear or tail remains, it is permissible.

2. It is valid to sacrifice a hornless animal, a castrated animal, a mangy animal [provided it is plump], or an insane
animal [provided it is plump].

3. Animal-sacrifice is [only] from amongst camels, cows and sheep [or goats].

A thaniyy [two-year old cow/buffalo or five-year old camel, or one-year old sheep/goat], or better, of [any of] these suffices, except for the sheep, of which a jadha` [well-built six-month old] suffices.

4. If one performs nahr on a camel, or slaughters a cow or sheep, and then finds in its belly a dead fetus, it may not be eaten, [egardless of] whether its features are discernible or not.

2.3 Methods of Slaughter

1. Domesticated game must be slaughtered, and wild livestock may be wounded [as in hunting].

2. The recommended [technique] for camels is nahr [thrusting the knife into the base of the neck], but if one slaughters them, it is valid but disliked.

3. The recommended [technique] for cows and sheep is slaughtering, but if one performs nahr on them, it is valid but disliked.

3.0 WHAT MAY AND MAY NOT BE EATEN

1. It is not permissible to eat any canine-toothed beast of prey, nor any taloned [predatory] bird.

  • There is no objection to [eating] the agrarian crow, but the speckled one that eats corpses may not be eaten.
  • It is repugnant to eat the hyena.

2. [It is repugnant to eat the] lizard and all vermin.

3. It is not permissible to eat the flesh of the domesticated donkey or mule.

  • The meat of the horse is discouraged according to Abu Hanifah.

4. There is no objection to eating the rabbit.

5. Nothing may be eaten of the animals of the water except fish.

6. It is repugnant to eat floating [fish that died on their own].

7. There is no harm in eating the jirrith and eel

8. It is permissible to eat locusts, and there is no slaughter [needed] for them.

 

Lawful and Prohibited : Miscellaneous Islamic Regulations

PROHIBITION AND PERMISSIBILITY”

Translated by Suheil Laher from

Kitab al-Hazr wal-Ibaha in Mukhtasar al-Quduri

(a summary-text of Hanafi law), with some re-arrangement and editing.

Rulings presented are as inferred from Qur’an and Sunnah by scholars of the Hanafi school.

DISCLAIMER: Information presented here is for informational purposes only, and should not be construed as a call to perform or abstain from any specific action mentioned in the text. Religious decisions should be taken with due care and thought, after reading and investigating, but also after consulting with reliable people of knowledge – who are aware of one’s particular circumstances – and then pondering and exercising one’s conscience.

1.0 SILK

1. It is not permissible for men to wear silk, but it is permissible for women.

  • There is no harm in reclining on it according to Abu Hanifah. Abu Yusuf and Muhammad said : It is
    repugnant to recline on it.

2. There is no objection to wearing pure silk in war according to the two of them, but it is repugnant according to Abu Hanifah.

3. There is objection to wearing [clothing made of] a blended fabric if its warp is silk and its weft is cotton.

[

‘Blended fabric’ here refers to an interlaced or interwoven fabric, with warp and weft not of the same material.

Warp” is the set of threads held in tension on a loom.

Weft” is the set of threads interlaced with the warp.

]

2.0 GOLD AND SILVER

2.1 Jewelry and Decorations

1. It is not permissible for men to use jewelry of gold,

2. Nor [may they wear jewelry of] silver excepting:

  • a ring
  • [decorations of] a belt
  • the decoration of a sword from silver.

3. It is permissible for women to use jewelry of gold and silver.

4. It is repugnant to make a [minor] boy wear gold and silk.

5. It is disliked to mark verses in tens in the mushaf, and [also] to add diacritical dots [when
not needed for correct reading].

6. There is no objection to decorating the mushaf, [nor to] engraving mosques and decorating them [on
the outside] with gold-water.

2.2 Vessels

1. It is not permissible to eat, drink, use oil or perfume from vessels of gold or silver, neither for men nor for women.

  • It is permissible to drink from a silver-decorated vessel according to Abu Hanifah, and [similarly] to
    ride on a silver-decorated saddle and to sit on a silver-decorated bed [provided one avoids contact with the areas of silver]

2. There is no objection to using vessels of glass, crystal or cornelian.

[“Cornelian” is a reddish-white variety of quartz.]

3.0 LOOKING AND TOUCHING

3.1 Looking at Women

1. It is not permissible for a man to look at a stranger-woman, except at her face and hands. But, if he
did not consider himself safe from lust, he may not look at her face except out of need.

  • [But] it is permissible for
    • the judge, when he wishes to pass judgement over her
    • the witness, when he wishes to testify concerning her
    • [the suitor, when he is considering proposing marriage to her]

to look at her face, even if he fears he may experience lust.

    • It is permissible for the doctor to look at the afflicted spot on her.
  • The [regulation] of a eunuch regarding looking at a stranger-woman is like [the regulation for] a
    non-eunuch.

2. A man may look at his mahram’s (i.e. permanently umarriageable female relatives’) face, head, chest,
shins and arms, but he may not look at their back or belly. There is objection to touching what it is permissible to look at [of the mahrams] [for a legitimate reason, i.e. provided there is no fear of lust or other inappropriate consequences].

3. A man may look at his wife [entirely] including [even] her genitals.

  • One may not practise coitus interruptus with his wife except with her permission.

4. A woman may look at that [much] of another woman that a man may look at of another man.

3.2 Looking at Men

1. A man may look at all of the body of another man except for what is between his navel to his knee.

2. It is permissible for a woman to look at that [part] of a man which another man may look at.

3. It is repugnant to employ the service of eunuchs [if that involves perpetuation of the
practice of castration, which is a prohibited act of mutilation]

  • There is no harm in castrating cattle, nor in mating a donkey with a horse.

4.0 CREDIBILITY

2. It is permissible to accept, in [the matter of] a gift or permission, the word of a child or servant.

3. The word of a transgressor is acceptable in transactions [and other mundane matters]

4. Only the word of a morally upright (`adl) person is acceptable in religious matters.

5.0 TRADE

1. Hoarding of staple-foods of humans and cattle is repugnant, if that is in a land in which hoarding harms
the inhabitants.

2. One who hoards the produce of his [own] estate, or what he has imported from another land, is not [termed] a hoarder.

3. It is not appropriate for the ruler to regulate prices for people [as long as they do not reach the level
of exploitation, which is harmful to the public interest]

4. It is repugnant to sell weapons in times of fitna [i.e. turmoil (in which the side of truth is unclear) or sedition (in which there is unjustified rebellion against a legitimate ruler and one is selling weapons to the rebels)]

5. There is no [judicial] objection to selling juice to someone whom it is known will produce wine from it [but notwithstanding the absence of worldly prosecution, the seller might still be sinful in the spiritual domain].

Chivalric Glory and Extremist Ignominy

By Suheil Laher

Chivalry and bravery have long been valued as noble human qualities. I remember a picture book in the library of my Kindergarten 2 class (at St Margaret’s Kindergarten School) about King Arthur’s knights, who are often regarded as emblematic of such ideals in the West. Jihad in Islam includes not only an inner dimension of spiritual struggle, but also an external dimension of helping the weak and striving against injustice. Extremist jihadi groups like ISIS appeal to Muslim youth (and others) on the basis of the latter, but by selective, decontextualized citations from an amalgam of history, medieval law and Islamic sacred texts, they bypass the honorable chivalrous teachings, higher objectives and profound vision of sacred law that are held to by mainstream Muslim scholars.

The Soviet invasion of Afghanistan in 1979 drew widespread international condemnation, including a resolution by the UN General Assembly. In accordance with both the UN Charter[1] and the Islamic understanding of self-defence against aggression, Afghans as well as many non-Afghan Muslims rallied against the Soviet intervention. The liberation effort was widely recognized in the Muslim world as a glorious jihad, and the United States government (among other Western and Eastern non-Muslim nations) was openly and actively providing financial, material, and moral support to the mujahideen. Naturally, many American Muslims also either supported the Afghan jihad or looked upon it favorably.

It was a euphoric time, but it was not to last. After the departure of the Soviets from Afghanistan in 1989, and the toppling of the Soviet-backed president in 1992, things took  a darker turn. Civil war broke out among the mujahideen in Afghanistan, and some of the foreign mujahideen were left grappling with post-war trauma, along with the difficulty of reintegration into civilian life, compounded by their being unwelcome in some of their home countries due to fears that they would harness popular grievances to foment revolution against those Middle Eastern governments.

It was in such circumstances that some of the former mujahideen began to move in a new direction: away from the honorable chivalry of true jihad towards an ignominous extremist ideology. Al-Qaeda, and eventually ISIS were born. Extremists might capitalize on the acclaimedly glorious status of the Afghan jihad, to present themselves as its heirs and perpetuators. But in Islam, actions are validated by sacred texts, not by appeals to charismatic lineage. A religious rhetoric, similar to that which was once used to enthuse Muslims with the noble spirit of just resistance against Soviets, has now been subverted and perverted to call towards extremism and terrorism. The rhetoric is similar, and might appeal to some of the same principles (such as resisting oppression) and sacred texts, but the big difference is that it is now out of touch with the noble chivalry of true jihad that we find in the Qur’an and Sunna.

I advise Muslims (including, but not limited to, Muslim youth) not to be duped by half-baked religious rhetoric. To realize that while injustices exist in the world, and jihad continues until the day of Judgment, nevertheless true jihad must be carried out through legitimate and honorable means. Radical ISIS-style extremism is a crude and dangerous caricature of jihad. Exercise caution in your charitable giving, and don’t be deceived into thinking that you are helping Islam by supporting groups that are actually hurting the cause of Islam and Muslims. Do not capitulate to a cult mentality, where you take religious teaching from a limited set of scholars, who use emotions to make you feel that you would be betraying faith and justice if you listen to those who condemn terrorist acts. If you are not willing to listen to the other side, how can you be so sure you are correct? Did not the Prophet (peace be upon him) warn of people who would recite the Qur’an, and zealously worship and strive, and yet be a liability to Islam because of their lack of deeper understanding? Truth prevails, and Allah has given you a conscience and a mind that allow you to think for yourself. Islam is a profound religion that seeks to actualize lofty and noble objectives in both individual and society. If you refuse to think about and to see the bigger picture, and content yourself with a narrow tunnel-vision of Islam, I think you are short-changing yourself.

أما الخيام فإنها كخيامهم ** وأرى نساء الحي غير نساءها
(A poet describing with anguish how, in desparate search of the nomadic tribe of his fiancee, he discovers tents that look like their tents, only to discover that the people inhabiting them are different people.)

ENDNOTE
[1] “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations” Chapter VII, Article 51.