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Monday, August 03, 2015

Shari‘ah and Fiqh–Application of Shari‘ah in Real Life in Islam

Source of article : http://www.islamicsupremecouncil.org/understanding-islam/legal-rulings/52-understanding-islamic-law.html

THE ISLAMIC SUPREME COUNCIL OF AMERICA

Understanding Islamic Law

Islam as a Complete Package – Three Aspects

Islam is a complete way of life, sent by Allah in the form of revelation by means of Prophet Muhammad (s). As such it covers the three essential needs of human life: physical, intellectual and spiritual. These three aspects of the faith are known individually as:
1 Islam – Divine law
Imān - Belief
Iħsān - Ethics and moral character.
The first aspect, Islam, deals primarily with the physical aspects of the faith, such as its obligations, prohibitions and recommended actions. This is the part of the faith governed by Shariah – Islamic law. This aspect cannot however be implemented by itself, but must complement the other two. When the Prophet (s) taught Islam to his followers, he taught them all these three aspects at once, in a natural and holistic approach.

Bases of Shari‘ah – Revelation and Reason

The bases of Shariah are four: two are revelatory, coming from Allah, and include the two core sources, the Qur’ān, Islam’s holy book, and the Sunnah (the practice and teachings of the Prophet Muhammad (s)); and two are based in rational endeavor, consensus (ijma) and analogical juristic reasoning (qiyās).

Fiqh–Application of Shari‘ah in Real Life

The Shariah, based primarily on texts from Qur’ān and Sunnah, embodies broad, general rules that are immutable, not unlike today’s modern societal rules: the sanctity of life, security and freedom of expression, and the inviolability of these rights. The adaptation of law according to time and circumstance is necessitated by changes in society, and the influx of various cultures and material conditions. Islam first came to one people with one lifestyle. As the religion spread and the borders of Muslim lands expanded, all of the different civilizations, each with their own codes of law, traditions and cultures, had to be incorporated into the Islamic polity. This was not achieved overnight and took great foresight on the part of Muslim jurists, being most elegantly brought out in the development of fiqh, the jurists’ law.
Kamali states:
The primary sources of Islamic law are twofold: divine revelation (waħīy) and human reason (aql). This dual identity of Islamic law is reflected in its two Arabic designations,Shariah and fiqh. Shariah bears a stronger affinity with revelation, whereas fiqh is mainly the product of human reason. Shariah literally means “the right path" or “guide,” whereasfiqh refers to human understanding and knowledge. The divine Shariah thus indicates the path to righteousness; reason discovers the Shariah and relates its general directives to the quest for finding solutions to particular or unprecedented issues.[7]

Muslim jurists in the past were quite aware of the constant need to reconcile contradictions between social and legal norms. They continuously adjusted laws to bring them in line with the customs and norms of the people.

Iman Shāfiī, the founder of one of the four schools of thought, he was living in Bagdhad when he put forth his school of thought as Imām Abū Ħanīfa and Imām Mālik before him. Imām Shāfiī came in the 2nd century of hijri and established his school of thought in Baghdad 1250 years ago Hijri. When he moved from Baghdad to Egypt in the last years of his life, he changed his school of thought. He said, “I saw people more corrupted in Egypt then from Baghdad. So what I wrote previously and explained is insufficient to treat these corrupted people because I was more lenient. Now I have to be more strict. So I have to change [my rulings].”

In the early time of Islam, these methods were put together as the discussions ensued between the propagators of philosophy (kalām) and ijtihād. To reduce that contention four schools were formalized as those in authority. That was done by consensus (ijma) of scholars. Whoever references one of these four schools, is considered to have referenced the Qur’ān and Sunnah. Each school while agreeing with the others in the fundaments, differs from the rest in the branches. This provides enormous flexibility to the individual seeking a ruling which fits his needs.


Islam aspires to the highest level of behavior at the individual, family and community levels. The Prophet brought different rules in order to accommodate the culture of each nation and tribe. Allah said:
وَلَوْ شَاء اللّهُ لَجَعَلَكُمْ أُمَّةً وَاحِدَةً
If Allah so willed, He could make you all one people[86]

Why did He not do so? To allow flexibility in the rules governing mankind and to generate competition. That is why the ‘door of ijtihād’ remains open, allowing new laws to be created as time moves on.


Who is Eligible to Explain the Shari‘ah?

After the time of the Prophet Muhammad (s), from over 100,000 of his Companions (students who personally met him), fewer than thirty are recorded actually issuing fatwās on new issues in which Ijtihād, or juristic reasoning, was required.

Today the authority for Ijtihād is with the mufti, or Dar al-Ifta, Center of Rulings, which gives general rulings (fatwā, pl. fatāwā) about an incident or legal question. As scholars, they are able to look at the entire package of Islam and issue a ruling on the question at hand.

It is essential to understand that no one can issue a ruling without qualification, and no one can issue a judgment without qualification. Since rulings have a tremendous impact on the life of society and ruling on the individual, it is essential that those issuing them have excellent moral character, and most importantly that they are qualified.
It is related that one of the greatest scholars of Shariah, Abd al-Raħmān ibn Abi Laila said:
I was able to meet with one hundred and twenty of the Companions of the Prophet (s). Every one of these companions was asked about specific Shariah issues, seeking a verdict, but they avoided rendering a decision instead pointing to another companion to issue the answer. They were afraid to give an answer that would be incorrect for which they would be responsible before Allah.
That shows that one can be deeply imbued with Islamic knowledge, as were all the Prophet’s Companions, and yet still feel unqualified to give a verdict. All one-hundred and twenty of the Prophet’s Companions with whom ibn Abi Laila met were hesitant to issue a fatwā.

Friday, July 31, 2015

AMAL Arsenic Removal Filter- North 24 Paraganas, West Bengal

AMAL Arsenic Removal Filter- North 24 Paraganas, West Bengal





Introduction:
The unit is situated at Jaygachhi colony in Habra-I block (of Habra Municipality) in North 24 Parganas district of West Bengal. This community-level AMAL Arsenic Removal Unit (ARU) is working effectively for more than 6 years serving safe water to the 453 families residing in the colony. Initially the Arsenic Removal Filter was attached to a hand pump, which later on was converted to a pumped system by the water committee.
Date of Installation: 21st Nov’ 2005
The test result of hand pump water (12.10.2005):
Arsenic concentration: 0.08mg/L and Iron concentration: 4.12mg/
Background: A rural club was formed at Jaygachhi colony about 40 years back.  The name of this club is ‘Milan Tirtha’. The club is has a membership of about 112 which includes both males and females.  The club is engaged in different social activities towards benefit of the local population like coaching centre for football, art, and dance, yoga for children and a library and a medical clinic. The club later on took the initiative towards providing clean and arsenic safe water to its residents. In this connection ‘Jaygachhi Milantirtha Amal Filter Management Committee’ was formed which actively managed the Community-Based Arsenic removal Filter since 2005.
  1. Formation of Water Committee: After installation the unit was handed over to the community i.e. owned by the beneficiaries and managed by local water committee (Jaygachhi Amal Jal Samity). The initial installation cost for the Arsenic Removal unit was borne by Water For People. The maintenance costs (replacement of spares, minor plumbing, regeneration/replacement of spent alumina, caretaker’s remuneration, water test charge, etc.) are sourced from the beneficiaries by way of levying a monthly charge per family. The water committee consists of 21 members and 75% of them are women. The management of the committee is very transparent. It maintains consolidated revenue and expenditure account and also a consolidated receipts and payment account. All the planning and decision taking are done through formal meetings held once every month with proper minutes.
  2. Regeneration/ replacement of exhausted Activated Alumina: Replacement                  (new media) was done in 2009 with funds from the water committee.
  3. Care Taker: One female care taker is selected for maintenance and operation of the ARU like cleaning of the water collection area, regular backwash of the filter, etc. She is paid Rs. 1000 per month as honorarium by the water committee. Sometimes another lady volunteers in collecting tariff from the users, issuance of water card to households, etc.
  4. Water vending: There are three Rickshaw-van drivers who supply water to 180 households outside of Jaygachhi, about 2- 5 km away from water treatment plant. They are happy to earnRs.4000/- to Rs.6000/ per month and getting festival bonus like cash amount or dress materials.
  5. Benefit derived from the arsenic mitigation programme:
    • Approximate 2500 people are avoiding risk from arsenic poisoning by using safe water which in turn is helping in minimizing healthcare costs
    • School children from an adjacent primary are also getting safe water and their mid-day meal in school is being cooked with arsenic-safe water. The water committee supplies water to the school without any charge
    • Creation of employment (caretakers, water-carriers, water facilitator, plumber, water-container seller, etc.)
    • Women empowerment
    • Awareness about safe water handling to school children who also invariably take the message home
    • Creation of public infrastructure and events
    • People no longer have to go far off places to fetch safe water
    • The facility is maintained merely by the redistribution of the economic surplus on an entire neighborhood
    Perception of the users:
    Technology: Operation and maintenance is simple and friendly for the community and also at a low cost. Care taker and Water Committee work in tandem.
    • The quality of water is clean & arsenic free
    • Palatable and pleasing to drink
    • Reducing the health symptoms like gastric problem, anorexia as well as medical expenditure and lost man days in procuring water from other sources
    Sustainability and ownership: The water treatment unit is owned by the community and increase in the number of users indicate that the project is sustainable
    Future plan: Installation of additional arsenic treatment unit from their reserve fund to cater to the increasing number of users

Thursday, July 30, 2015

Women Praying at the Mosque?

majority of us follow hanafi fiqh in india. pls share any info from hanafi fiqh so that i can learn about this. 

The visits of the women to the mosques for regular prayers is Makrooh in the eyes of Hanafi scholars, so in those countries or regions where Hanafis are in majority there are no separate sections for the prayer of women.It is time that the Hanafi scholars reconsider their earlier fatwa. http://islamicvoice.com/2001-05/dialogue.htm

Muslim jurists in the past were quite aware of the constant need to reconcile contradictions between social and legal norms. They continuously adjusted laws to bring them in line with the customs and norms of the people.

Iman Shāfiī, the founder of one of the four schools of thought, he was living in Bagdhad when he put forth his school of thought as Imām Abū Ħanīfa and Imām Mālik before him. Imām Shāfiī came in the 2nd century of hijri and established his school of thought in Baghdad 1250 years ago Hijri. When he moved from Baghdad to Egypt in the last years of his life, he changed his school of thought. He said, “I saw people more corrupted in Egypt then from Baghdad. So what I wrote previously and explained is insufficient to treat these corrupted people because I was more lenient. Now I have to be more strict. So I have to change [my rulings].”


Today the authority for Ijtihād is with the mufti, or Dar al-Ifta, Center of Rulings, which gives general rulings (fatwā, pl. fatāwā) about an incident or legal question. As scholars, they are able to look at the entire package of Islam and issue a ruling on the question at hand.

It is essential to understand that no one can issue a ruling without qualification, and no one can issue a judgment without qualification. Since rulings have a tremendous impact on the life of society and ruling on the individual, it is essential that those issuing them have excellent moral character, and most importantly that they are qualified.

It is a well-known fact that women used to attend prayers including that of Friday at the Prophet's Mosque during his time. As a matter of fact, many of those women from among the Companions of the Prophet (peace and blessings be upon him) did so consistently that they memorized entire surahs of the Qur'an from the Prophet's mouth as he was in the habit of reciting them during sermons and prayer.

The practice of women attending the prayers continues to this day in the Prophet's Mosque;
Masjid nawabi,medina,saudi arabia have separate enclosure for woman,separate entrance,separate waju khana and separate toilet for woman.
the same has been the consistent practice in the Sacred Mosque in Makkah. This can be verified by anyone going for Hajj or `Umrah, for it is a common sight of women praying all over the Haram sanctuary in Makkah just as men do.

 
Source Of The Article: http://www.central-mosque.com/fiqh/wompraymosq.htm

Q:) In the area that I live in, there is a big problem. There are about 20 Mosques within 5 miles but only a handful allows women to come for prayers. I know that it’s better for women to pray at home but I think facilities should be provided. Sisters go shopping with husbands and the men go for salah on the way and the women can only stay in the car. In winter, within a couple of hours Zuhr, Asr and Maghrib is prayed. The sisters then just do Qadha. How can I sort out the situation? I am deobandi but find it very hard to accept this. What do the deobandi scholars say about this?

A.
Therefore, when women are allowed to go to the Bazaars, markets, shopping malls and other such places (and justifiably in many cases), then it does not seem right to completely shun them from coming to the Mosques. The main wisdom behind the position of the classical jurists was the fear of harm and corruption, and in the modern times women (Muslim, non-Muslim, practising and non-practising) are all over the place, hence if evil and wicked people would want to cause any harm to them, they would surely look out for them at other places rather than the Mosques. Also, women generally would be safe in our times from being harmed whilst going to the Mosques. 

Secondly, at times there may be a genuine need for women to go to the Mosques, such as when travelling and the prayer time is about to come to an end. There have been many cases where a sister had to miss her prayer, for there were no facilities for women to pray in the Mosque. At times, women may need to go to the Mosque to learn sacred knowledge, attend a spiritual gathering and other such matters, hence she may need to pray her Salat in the Mosque. 

Keeping the above in mind, and given the times we are living in, I believe that both of the following two extremist approaches should be avoided with regards to women going to Mosques, and we should adopt the middle way, as “the best of ways is the middle way”:


The middle way is that women should be encouraged to offer their regular prayers at home, and not come to the Mosque habitually without having a need to do so. At the same time, every Masjid should have facilities for a woman’s prayer area, so that if a sister is travelling she is able to make Wudu and offer her prayers without having to miss her prayers altogether. In the case of women coming to the Mosque, extreme care and precaution should be taken of observing the rules of Hijab, so that there is no fear of any Fitna. Both brothers and sisters should have separate entrances, and open intermingling of the two genders must be avoided. Sisters should also be wary that going to the Mosque should not lead to the non-fulfilment of their other household duties. 

I believe this is the balanced approach that may be adopted in the west given the times we live in.

And Allah knows best 

Muhammad ibn Adam 
Darul Iftaa 
Leicester , UK
http://www.central-mosque.com/fiqh/wompraymosq.htm


Source: http://islamqa.info/en/49898


In his book Hiraasat al-Fadeelah (p. 86), Shaykh Bakr Abu Zayd listed the conditions for women to go out to the mosque. He said: 
Women are allowed to go out to the mosque according to the following rulings: 
1-     That there is no risk of them tempting others or being tempted
2-     That their attendance will not lead to anything that is forbidden according to sharee’ah
3-     That they do not jostle with men in the street or in the mosque
4-     That they should go out not wearing perfume
5-     That they should go out wearing hijab, not making a wanton display of their adornment
6-     A door should be set aside in the mosque just for women to enter and exit, as mentioned in the hadeeth narrated in Sunan Abi Dawood and elsewhere.
7-     The women’s rows should be behind the men
8-     The best rows for women are those at the back, unlike the case for men
9-     If the imam makes any mistake in his prayer, men should say “Subhan Allaah!” and women should clap
10-The women should leave the mosque before the men, and the men should wait until the women have dispersed to their homes, as mentioned in the hadeeth of Umm Salamah (may Allaah be pleased with her) in Saheeh al-Bukhaari and elsewhere.

Source Of Article: http://www.sunniforum.com/forum/showthread.php?36964-Are-women-allowed-to-go-to-the-mosque


In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh


At the outset, it is important to point out the place of women in an ISLAMIC society. Allah Ta’ala has created mankind and He alone knows what is best for mankind. In today’s time people have raised the slogans of women’s rights and gender equality. These slogans might seem true to those who see the role of women as same as men. In Islam, our understanding is that Allah has created men and women differently and both have different roles which are complimentary to each other. Allah has kept it in the nature of man to be brave, bold, and take responsibility over the family’s affairs while it is in the nature of women to have modesty, gentleness, and softness. Shari’a has stipulated the roles for each according to their nature. Men are responsible for earning an income, providing shelter, and security for his family. Shari’a understands the temperament of women and caters for it. Therefore, it is not required from her to leave her house and step into this immodest world to earn her own living or provide shelter for herself. 

At the same time, Shari’a does not prevent women from earning her own income, on condition that no laws of Shari’a are violated.

It is clear from this that it is a general rule to remain in the confines of her home based on the feminine nature of women. Shari’a has also considered circumstances based on need and necessity. 

In view of the fitna and immoralities of the time, a woman should not attend the masjid. Shari’a has not made it compulsory upon her to perform salat with congregation. She could perform salat be herself. There is no compelling need for her to attend the masjid. There is no need to bend this rule as in the case of a woman being put in an unwilling situation to earn an income. 

In the time of Rasulullah (Sallalahu Alaihi Wasallam) women had permission to perform their salat, but Rasulullah (Sallalahu Alaihi Wasallam) also expressed that it is better for women to perform salat at home instead of the masjid.

عن عمته أم حميد امرأة أبى حميد الساعدى أنها جاءت إلى النبى صلى الله عليه وسلم فقالت يا رسول الله إنى أحب الصلاة معك قال قد علمت أنك تحبين الصلاة معى وصلاتك فى بيتك خير لك من صلاتك فى حجرتك وصلاتك فى حجرتك خير من صلاتك فى دارك وصلاتك فى دارك خير لك من صلاتك فى مسجد قومك وصلاتك فى مسجد قومك خير لك من صلاتك فى مسجدى قال فأمرت فبنى لها مسجد فى أقصى شىء من بيتها وأظلمه فكانت تصلى فيه حتى لقيت الله عز وجل (مسند احمد)


Umm Humayd, the wife of Abu Humayd, narrates that she went to Nabi (Sallalahu Alaihi Wasallam) and said, “O Rusulullah, I wish to perform salat with you.” Rasulullah (Sallalahu Alaihi Wasallam) replied, “I know well that you wish to perform salat with me. However, the salat you perform in your room is better than perform it in your flat, and the salat performed in your flat is better than it performed in the building, and the salat perform in the building is better than it performed in the local masjid, and the salat performed in the local masjid is better than it performed in my masjid. The narrator says that she ordered that a prayer area be build for her in the farthest and darkest corner of the house and she performed her salat there until she met her Lord.

There is no doubt that in the era of Rasulullah (Sallalahu Alaihi Wasallam) women were permitted to come to the masjid to perform their salat. This was due to the fact that Rasulullah (Sallalahu Alaihi Wasallam) was alive and would daily teach new injunctions of Shari’a. The situation changed after the demise of Rasulullah (Sallalahu Alaihi Wasallam). ‘Aisha (Radhiyallahu Anha) states:

عن عمرة بنت عبد الرحمن أنها سمعت عائشة زوج النبى صلى الله عليه وسلم تقول لو أن رسول الله صلى الله عليه وسلم رأى ما أحدث النساء لمنعهن المسجد كما منعت نساء بنى إسرائيل قال فقلت لعمرة أنساء بنى إسرائيل منعن المسجد قالت نعم (صحيح مسلم)

Amrah bint Abdur Rahman narrates that she heard ‘Aisha (Radhiyallahu Anhu) the wife of Nabi (Sallalahu Alaihi Wasallam) say, “If Rasulullah (Sallalahu Alaihi Wasallam) were to see the condition of the women (of today), he would have verily prevented them from coming to the masjid how The Israelites women were preventing from coming to their place of worship. The narrators say, “I asked Amrah, were the Israilites women prevented form coming to the masjid?” She replied, “Yes”. (Sahih Muslim)

More than 1400 years have passed by and the fitnas have increased. Immodesty, intermingling of the sexes, crime, etc are prevalent in our societies.

It is not necessary for women to perform her salat in the masjid, but it is wajib to abstain from fitna. In order to abstain from fitna, it will be makrooh for women to go to the masjid, whether it be for the daily the salat, Jumma’, Eid, taleem, or to listen to a lecture.

Al-Durr al-Mukhtar (1:566) H.M. Saeed Company

( ويكره حضورهن الجماعة ) ولو لجمعة وعيد ووعظ ( مطلقا ) ولو عجوزا ليلا ( على المذهب ) المفتى به لفساد الزمان ، - الدر المختار

If a woman has to go the masjid for a genuine reason, e.g. the family is out on the road and need to perform salah, then it will not be makrooh for her to perform salah in the masjid, as this was done out of necessity.

A woman can perform salah at home without any decrease in the rewards. In fact, as stated above, it is more virtuous to perform at home. If it was possible for women to acquire knowledge at home without leaving her house on the same level as the university, then the analogy would have been correct. Nevertheless, if she does not adopt shar’ee purdah and there is a great risk of fitna, then it will not be permissible for her to go to university, shopping centers, and other places as well.

Fatawa Rahimiyya (6/151) Darul Ishaat

And Allah knows best

Wassalam

Ml. Ehzaz Ajmeri,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah