29.6.14

Part 2: Merits of fasting and Ramadhan

Sawm linguistically means refraining, silence, suspension and what is included in its meanings. Sawm has been mentioned with this meaning in Allah's سبحانه وتعالى noble book.

Allah سبحانه وتعالى says:

فَكُلِي وَاشْرَبِي وَقَرِّي عَيْنًا ۖ فَإِمَّا تَرَيِنَّ مِنَ الْبَشَرِ أَحَدًا فَقُولِي إِنِّي نَذَرْتُ لِلرَّحْمَٰنِ صَوْمًا فَلَنْ أُكَلِّمَ الْيَوْمَ إِنْسِيًّا

"So eat and drink and be glad. And if you see any human being, say: 'Verily, I have vowed a fast unto the Most Gracious so I shall not speak to any human being this day." (Maryam: 26)

As for As Sawm in the sharee'ah terminology, it is refraining from those things that break the fast and they are: food, drink, sexual relations, excess water through mouth/nose and vomiting, with the intention of getting closer to Allah سبحانه وتعالى from Fajr of a day until its Maghrib. This Sharee'ah meaning of fasting has been mentioned in numerous noble ayaat and there is no need to bring them up here as they are well known amongst people who are knowledgeable of them.


The Merits of As Sawm

There are many Ahaadeeth that mention the merit of Fasting of which I will mention some: Narrated from Abu Hurairah (ra) that the Prophet صلى الله عليه وسلم said:

1. "Allah سبحانه وتعالى said: Every action of ibn Aadam (man) is for himself except for Fasting which is for me and I will reward for it. Fasting is a Shield (from hellfire). So, the fasting person should avoid all sexual relations, he should not behave foolishly and if someone insults him or fights with him then he should say: I am a fasting person. And by Him in whose hand is my soul the smell coming from the mouth of the fasting person is better with Allah than the smell of Musk. The one fasting has two joys, one when he breaks his fast and when he meets his Rabb he will feel the joy for his fasting." Narrated by Imaam Al Bukhaari (1904) and Muslim, Nisaa'i, Ibn Maajah and Ahmad.

Also from Abu Hurairah (ra) that the Prophet صلى الله عليه وسلم said:

"Your Lord Tabaarak wa ta'aalaa said: Every action is Kafaarah (expiation) except for fasting, because it is for me and I will reward for it..." Narrated by Abu Daawud At Tayaalissy (2485) and Ahmad.

And from Abu Hurairah (ra) that the Prophet صلى الله عليه وسلم said: "Every one of the sons of Adam's actions is multiplies, a good action will have ten of it's like or up to seven hundred times and Allah Azza wa Jalla says: 'Except fasting because it belongs to me, and I reward it..." Narrated by Muslim (2707). An-Nisaa'i, Ad Daraami and Bayhaqi.

Ahmad (9712) and Ibn Majah narrated it with the following words: "Every one of the sons of Adam's actions is multiplies, a good action will have ten of it's like or up to seven hundred times to what Allah wills, Allah Azza wa Jalla says: Except for fasting, it is for me and I will reward for it..." The addition is 'to what Allah wills'.

2. On the authority of Sahl bin Sa'd (ra) that the Prophet صلى الله عليه وسلم said: "There is a gate in Jannah called Ar-Raiyaan and those who observe fast will enter it on the Day of Judgement and none will enter from it except them. It will be said 'Where are those who use to observe Saum?' They will get up and none except them will enter it and after they have entered it will be locked and no one else we be able to enter through it." Narrated by Buhkaari (1896) and Muslim and Nisaa'i.

Ibn Maajah (1640) and Tirmidhi narrated it as following: "So those who were from amongst the Saa'imeen (faster's) will enter and whoever has done will never feel the quench of thirst again."

3. On the authority of Abdullah Ibn Mas'ood (ra) that he said that the Prophet صلى الله عليه وسلم said: "He who can afford to marry should do so because it will help him to lower his gaze and save his private parts. And whoever cannot marry then he should fast as it will diminish his desire (wijaa'a)*." Al Bukhaari (1905), Muslim, Daawud, Nisaa'i and Tirmidhi.

*Wijaa'a means to put pressure on the testicles or its veins so as to cut the desire.

4. On the authority of Hudhayfah bin Al Yaman (ra) that he heard the Prophet صلى الله عليه وسلم saying:

"The Fitnah (affliction) of a man is in his family, money and neighbours and As Salaah, As Saum and As Sadaqah are expiation for them." Al Bukhaari (1895) and Muslim.

Ibn Abi Shaibah (595:8) reported it with this wording: "The Fitnah of a man is in his family, his money, his own self and his neighbour and fasting, sadaqah and ordering the right and forbidding the wrong are expiation for them."

And also from Hudhaifah (ra) from the Prophet صلى الله عليه وسلم: "Who ends his final day (of life) and he fasted will enter Jannah." Narrated by Al Bazzaar (1038) and Ahmed and Al Haythami said that its people (narrators) are trustworthy.

5. On the authority of Abdullah Ibn Umar (rah) that the Messenger صلى الله عليه وسلم said: "Fasting and the Quran will intercede for the servant on the Day of Judgment. Fasting will say: By my Rabb, I prevented him from food and desires during the day so let me intercede for him and the Quran will say: I prevented his sleep at night so let me intercede for him, Therefore they will both intercede." Narrated by Ahmad (6626) and its sanad (chain) is Hasan. Tabaraani also narrated it in his Al-Mu'jam Al Kabeer and Al Haakim narrated it and verified its soundness.

6. On the authority of Abu Umaamah (ra) who said: "I came to the Messenger صلى الله عليه وسلم so I said: 'Command me with an action which will cause me to enter Al Jannah'. He صلى الله عليه وسلم said: 'Alayka bis Saum (Fast), because there is nothing equal to it'. I came to him a second time and he said (again): 'Alayka bis Siyaam (Fast)'." Narrated by Ahmad (22501) and Nisaa'i, ibn Hibbaan, ibn Khuzaimah, Ibn Abi Shaybah and Tabaraani in Al Mu'jam Al Kabeer.

And in another version from Ibn Hibbaan (3425) and Nisaaa'i (Alayka bi saum fa laa mithla lahu...) "Fast as there is nothing comparable to it." Here 'mithla' is used instead of 'idla' in the previous version to mean 'the like of/equal to'.

7. On the authority of Abu Hurairah (ra) who said that the Messenger صلى الله عليه وسلم said: "There are three whose requests (du'aa) will not be turned down: The just ruler, the one who fasts until he breaks it and the one who is oppressed. Allah سبحانه وتعالى will raise them on the Day of Judgement without (al ghumaam) clouds and the doors of the heavens (skies) will be opened for them and He will say: With my Izza (glory) I gave you victory even if it was after a while." Narrated by Ibn Maajah (1752).

Al-Gumaam (clouds) has the same meaning as mentioned in the following Ayaat as Allah سبحانه وتعالى states:

وَيَوْمَ تَشَقَّقُ السَّمَاءُ بِالْغَمَامِ

"And (remember) the day that the Heaven will be rent asunder by clouds." (Al Furqaan: 25)

هَلْ يَنْظُرُونَ إِلَّا أَنْ يَأْتِيَهُمُ اللَّهُ فِي ظُلَلٍ مِنَ الْغَمَامِ

"Do they then wait for anything other than that Allah should come to them in the shadows of the clouds." (Al-Baqarah: 210)

8. On the authority of Othmaan ibn Abi Aas (ra) that he said: 'I heard the Messenger of Allah صلى الله عليه وسلم saying': "Sawm (fasting) is a shield (protection) from the fire just like the shield of one of you (protects you) in battle."Narrated by Nisaa'i (2231), Ibn Maajah, Ahmad, Ibn Hibbaan and Ibn Abi Shaybah.

9. On the authority of jaabir ibn Abdillah (ra) that the Messenger of Allah صلى الله عليه وسلم said: "Our Rabb Azza wa Jalla said: Fasting is a shield (Junnah) the servant seeks to shield himself with it from the Naar (fire) and it (fasting) is for me and I will reward/recompense for it." Narrated by Ahmad (14724) with a sanad (chain) which is Jayyid (good) and also narrated by Al Bayhaqi.

10. On the authority of Abi Ubaidah (ra) who said that he heard the Messenger of Allah صلى الله عليه وسلم say: "Fasting is a shield for the one who does not violate it..." Ahmad (1690/1700)

In a version of ad Daraami (1733): "Fasting is a shield for the one who does not violate it" Abu Muhammad said: This means al Gheeba (back-biting). Tabaraani narrated it in Al Mu'jam Al Awsat (4533) from Abi Hurairah (ra).

So how noble are the Fadaa'il (merits) of the Ibaadah of Fasting. Fasting is a shield, i.e. a guard and protection. It is a blocker of desires when one cannot marry and it expiates the sins in the time of affliction. It intercedes on behalf of its master on the Day of Judgement and for those who fast belongs the gate of Ar Rayyaan, the one who enters from it will never experience thirst again. It is sufficient alone to look at what came in the Hadeeth:

'Every one of the sons of Adam's actions is multiplies, a good action will have ten of it's like or up to seven hundred times to what Allah wills, Allah Azza wa Jalla says: Except for fasting, it is for me and I will reward for it'.

If there were no other ahaadeeth mentioning the merits of fasting then this would have been enough. It is true that there is no act equal to or like that of fasting as mentioned in the sixth hadeeth and the only result of this act is entering into Jannah as it came in the hadeeth reported by Hudhaifah (ra) and found with al Bazzaar and Ahmad. Also as mentioned in the seventh hadeeth; it is the deserved right of the faster to be honoured by Allah سبحانه وتعالى and have his du'a responded to and answered.


The merits of Ramadhaan

In relation to the merits of Ramadhaan the following ahaadeeth have been related:

1. On the authority of Abu Hurairah (ra) that the Prophet صلى الله عليه وسلم use to say: "The five prayers, and from one Jumu'ah to the next, and one Ramadhaan to the next count as a an expiation for all that is between them if the Kabaa'ir (major sins) are avoided." Imaam Muslim (552), Ahmad and Al Bukhaari in his At Tareekh Al Kabeer.

2. And also from him (ra) that the Messenger of Allah صلى الله عليه وسلم said: "Shame/pity (raghima Anf) on the man who when I am mentioned does not pray on me and pity on the man who enters into Ramadhaan and does not have all of his sins forgiven before its passing and pity on the man who when his parents reach an old age and they don't cause him to enter Jannah (because of his good treatment of them)." Rabiy said: 'I don't know it (the hadeeth) except that he said: 'or one of the two (parents)'. Imaam Ahmad (7444), Tirmidhi, Ibn Khuzaimah, al Haakim. Its Isnaad (chain) is jayyid (good).

3. From Abu Hurairah (ra) that the Messenger of Allah صلى الله عليه وسلم said:

"When Ramadhaan begins the doors to Jannah are opened and those of Jahannam are locked and the Shayateen are chained up." Al Bukhaari (1899), Muslim, An Nisaa'i, Ahmad, Ibn Hibbaan, Ad Daarami with differences in some words.

4. From Abu Hurairah (ra) that the Messenger of Allah صلى الله عليه وسلم said: "Whoever fasts Ramadhaan with Imaan and Ihtisaab (expecting reward from Allah) then all of his previous sins will be forgiven." Al Bukhaari (38) Nisaa'i, Ibn Maajah, Ahmad, Ibn Hibbaan, and Ahmad (8989) and Nisaa'i in a second version stating 'all of his previous and forthcoming sins will be forgiven'. Al Mundhiri said the Isnaad is Hasan but Hamaad had doubt in its connection or that the addition to the Hadeeth only goes back to one link in the chain from Qateebah bin Saeed from Sufyaan.

5. From ibn Abbaas (rah) that the Messenger of Allah صلى الله عليه وسلم said: "The performance of Umrah in Ramadhaan is equal to Hajj." Ibn Maajah (2994), Nisaa'i, Ahmad. Ibn Maajah (2991), Ahmad and Tirmidhi narrated the Hadeeth with the same wording from Wahab bin Khanbash. Ahmad (14855) and Ibn Maajah also narrated it from Jaabir (ra).

Al Bukhaari (1863) narrated from Jaabir (ra) and Muslim and Abu Daawud with the wording; "Verily Umrah in Ramadhaan is like Hajj or Hajj with me."

Tabaraani in his Al Mu'jam Al Kabeer (364/25) and Abu Daawujd, Ahmad on the authority of Mu'qal (ra) (she) said: "'I have become old and sick. Is there an action that can recompense me for my Hajj? He صلى الله عليه وسلم said: 'Umrah in Ramadhaan will recompense for it.'"

6. From Abu Hurairah (ra) that the Messenger of Allah صلى الله عليه وسلم said: "On the first night of Ramadhaan the Shayaateen are tied up and (maradatul) Jinn, the doors to the fire (hell) are locked so that not one of its doors will be opened. The doors to Jannah will be opened and not one of its doors will be closed. A caller will call 'Oh desirer of Good (Aqbil) proceed! (come forward) and Oh desirer of evil (Aqsir) fall behind! And to Allah سبحانه وتعالى belongs those who are freed/saved from the fire. This will happen in every night (of Ramadhaan)." Ibn Maajah (1642), Ibn Hibbaan and Bayhaqi. Al Haakim narrated it and verified its soundness (saheeh) and adh Dhahabi agreed. Ibn Khuzaimah (1883) narrated it with a slight difference and Tabaraani in Al Mu'jam al Kabeer (1586) an Nisaa'i narrated similar to it except on the way of Utbah bin Farqad (ra).

The significance of the above ahaadeeth are clear and do not require further explanation. If I add the ahaadeeth related to the merits of fasting in a complete manner to this topic then the merits of both fasting and Ramadhaan combined can be revealed in a perfect way.

Ibn Abbaas (ra) said: 'The Messenger of Allah صلى الله عليه وسلم was the very best (most generous) of people, and he was at his best in Ramadhaan when he would meet with Jibreel (rha) and he would meet Jibreel every night and would go over (revise) the Quran. The Messenger صلى الله عليه وسلم was even better in bringing Al Khair (goodness) than the fair winds'. Al Bukhaari (6), Muslim, Nisaa'i, Tirmidhi, Ahmad and Ibn Hibbaan.

Or,

See this Link:

Part 1: Introduction to book "A complete guide to the rules of fasting"

We will be serialising the book "Al Jaami'u li Ahkaam is Siyaam" throughout the blessed month of Ramadhan. Please note this is a draft translation from Arabic. If any confusion arises from the translation then please refer to the original Arabic book.

Al Jaami'u li Ahkaam is Siyaam
"A complete guide to the rules of fasting"
Sheikh Abu Iyaas Mahmood bin Abdul-Lateef bin Mahmood ('Uwaydhah)

First Edition

All praise is to Allah سبحانه وتعالى Lord of the worlds, Ar-Rahman Ar-Raheem, the Owner of the Day of Judgment and prayers and peace are upon the Messenger of Allah who was sent as a mercy to all mankind. May Allah's prayers and peace be on him and on his family and companions.

This is a book about the laws of fasting which I have named 'Al Jaami'u li Ahkaam As Siyaam' (A complete guide to the rules of fasting). It has been written as a follow up to the book 'Al Jaami'u li Ahkaam As Salaah' (A complete guide to the rules of prayer). I have followed the same methodology in this book. From the beginning of 'Ahkaam at Tahaarah' (rules of purification) I have followed and specified an effective model and methodology for the writing of Fiqh. The reader now has at his disposal two complete books of Fiqh representing a specific model.

This was my intention when issuing these two books and I believe that they are sufficient to act as a blueprint for the fuqahaa (jurists) and mujtahideen (Scholars) in their work without the need to expand the examples. I do not claim that I have produced for the reader a complete series on Islamic fiqh but I only aimed to present the most correct example and model for the presentation of fiqh. I believe these two books are sufficient to achieve this purpose.

The methodology I have used to write fiqh achieves the following:

1. To present all of the texts from Al Quraan Al Kareem and the As Sunnah Ash Shareef which relate to an issue (mas'ala) from the issues of fiqh. I have done this without summarizing the evidences that are in accordance with the Jurist's own view and which support his Ijtihaad whilst leaving out all other evidences like a great number of scholars from the past and present have done.

2. The use of Saheeh and Hasan Ahaadeeth only and leaving all others categories. This includes all weak forms of Hadeeth, and I mean those that the Muhaddithoon (Hadeeth Scholars) have agreed upon. These hadeeth are not allowed to be used by anyone in the deriving of Al Ahkaam Ash Sharee'a and not even in the merits of actions. As for Ahaadeeth which the Muhaddithoon have disagreed upon in terms of them being sound or weak, then if it was in agreement with other sound saheeh and hasan ahaadeeth or if it was alone in its section then I accepted it. However if it contradicted the saheeh or hasan hadeeth (in meaning) then it was rejected and left.

3. To show the opinions of the Fuqahaa, Ulamaa and A'immah in every mas'ala (issue) of the masaa'il to the greatest extent possible. This enriches the study and it displays the strength of the extracted Ahkaam (rules) in comparison to others. Its case is like the natural pearls displayed beside those which are artificial and manufactured and if the natural pearls would be shown to people by themselves then the people would not have been able to sense their beauty and excellence or appreciate their value.

4. To work with all the texts (evidences) related to an issue of the issues and not neglecting any. This is because the reality of the Nusoos (texts) is that they are not contradictory to each other in origin. There has never emanated from the Prophet صلى الله عليه وسلم ahaadeeth which are contradictory except and only in the very rare case of Nuskh (abrogation). As for what we see of ahaadeeth that are contradictory within most of the fiqhi issues then this goes back to the sanad (chain) and this requires us to look at and explain. The weak forms of ahaadeeth and by greater reason (baab awlaa) the ahaadeeth al mawdoo'a (missing link in sanad/chain of narration) need to be distanced. All the weak ahaadeeth that have no origin to them but have been spread in the books of fiqh, Usool ul Fiqh need to be separated from those which are sound i.e. saheeh and hasan.

5. Examining the texts and extracting the Ahkaam from them only occurs in three ways:

i. By bringing of the texts one with another, by explaining one text with another text, and this is the strongest method to extract.

ii. Or by explaining a text in accordance with knowledge of the sharee'ah

iii. Or thirdly by explaining the evidence with firm knowledge of the Arabic language which is distant from weak and strange interpretations.

A text is therefore understood by another text, or by knowledge of the sharee'ah or by submitting to a firm knowledge of language. In relation to the far off interpretations, regretful explanations and the process of making the texts agree with the opinion of an Imaam or madhhab, all of this has to be abandoned from the study of fiqh so that fiqh and sharee'ah maintains its honour and high status. This is to protect them against any alien or foreign intrusion or western infiltrations as we have seen in many books of fiqh particular from authors in our present time.

6. The origin for every Muslim is to be restricted in his actions by the hukm shar'i. He should commit to it with confidence and contentment and not to take it and act according to it if he is doubtful in its correctness. In order to help the Muslim with this peace of mind in what he is following is hukm shar'i, we have proceeded with this methodology which incorporates the Ahkaam with its evidences, with proofs of its correctness and likewise proofs for the error in other opinions.

7. The Sahaabah (rah) used to receive/understand the texts of al-Quran al-Kareem and the as-Sunnah an-Nabawi in a natural way similar to how we receive speech between and amongst ourselves. This means that just by hearing the ayah or hadeeth they would understand the desired meaning straight from the Arabic and sharp intellect and as such rarely disagreed in the extraction of the Ahkaam. The taabi'oon and taab'i taabi'oon (first and second generations after the Sahaabah) followed this same methodology and after them came the period of the Fuqahaa after them. At that time the madhaahib of fiqh (schools of thought) were established and what accompanied that of partisanship and intolerance. Fiqh began to take a new orientation and progressively became distanced from the natural way to ways that could be described as manufactured. This means that the manufactured means overcame/dominated the Fuqahaa in their istinbaat (extraction) process. This was the same for every Faqeeh who followed a Madhhab or Imaam. His efforts were directed to giving victory to his madhhab or Imaam. They became involved in forms of debate and 'ilm ul-Kalaam (scholastic debate) and were affected by it to a lesser or greater extent. In addition they placed down different Usooli principles, increasing its scope and complexity so fiqh became manufactured with nobody understanding its precise details except their respective specialists. With time the process of receiving/understanding the texts naturally stopped completely. The Istinbaat (extraction) of Ahkaam became limited to the new breed of fiqh and then even those who practiced it declined in number gradually until the doors of ijtihaad were closed.

In relation to this I say that the main reason for the closing of the doors of Ijtihaad and the disappearance of the mujtahidoon was due to the fact that fiqh became manufactured with its principles and Usool which were rarely understood and comprehended by those wishing to learn, let alone the ordinary people due to its complicated nature and ramifications. The Ulamaa of every madhhab proceeded to place Usooli principles (qawaa'id usooliya) specific to his madhhab with all of its branching and ramifications (additional problems/complications). As a result of the Usooli principles becoming over complicated, this had ramifications on ijtihaad and the resultant Ahkaam, to the point where a lot of these Ahkaam were outside the realm of soundness.

So that fiqh returns to its natural way and away from these over complications and ramifications and so that the madhabi differences are lessened and what accompanies it of partisanship and in addition to create the path to increase the number of mujtahidoon, I have come up with this model/methodology which I believe is the most sound for the writing of fiqh. Inspired by the way that the Sahaabah (rah) received and understood fiqh and distancing myself from the over complications in understanding. Due to this the noble reader will find that the Usooli principles rarely appear in this model and what does appear is free of depth or complication.

The difference between the method of the Sahaabah (rah) and those who came after was that the Sahaabah (rah) use to place the text in front of them relying on what came to their minds from their understanding of the Arabic language. In addition to their knowledge and experience of how the texts lived in their surroundings and circumstances taking the text with simplicity without complication. As for those who invented the new way of fiqh, they placed the differing Usooli principles in front of them as their starting point with all of its branches, complicatedness and details. They then made the people subservient to these principles. From this many and diverse meanings sprung out linked to the different branches and ramifications. This is where the biggest dispute occurred between them (new fiqh people) as every one of them held on tightly to a specific meaning/wording that he had understood, and with the hukm which he had extracted according to what he had put down of the detailed principles specific to him. He strove to defend it and respond it so as to seek victory for the madhhab of his Imaam. All of this led to a situation where the study of fiqh produced a lot of varied and different Ahkaam. This included the Saheeh (sound), Da'eef (weak) and Shaadh (rare/strange). If a reader looks at the vast quantity of opinions in every single matter it will give him a head ache. If someone would like examples of what I have stated then let him look up the fiqhi opinions in the following issues:

When is Laylat ul Qadr?,

Does sleep break the Wudoo?,

What is the middle prayer (salaatul wustaa)?

You will find in these issues and others like them huge and wide differences especially in the book Fathul Baari of Ibn Hajar Al Asqalaani and also in the Sharh (explanation) Saheeh Muslim by Imaam Nawawi.

8. In relation to getting rid of the manufactured method of extracting the Ahkaam Ash Sharee'ah and Ijtihaad and the return to the natural method which was dominant in the first three generations, those of the Sahaabah, those who followed them and those that followed them. The only way is through the devotion/dedication to the texts of Allah's سبحانه وتعالى book al-Majeed and the noble ahaadeeth through reading, memorisation and explanation. This is a devotion and pursuit which is correctly described as the eternal living of the sharee'ah texts which continues years after years, until we have acquired the ability and knowledge which the Sahaabah (rah) of the Prophet of Allah صلى الله عليه وسلم possessed. This requires a working relationship with the sharee'ah texts in understanding, extraction and indications in exactly the same way that we possess the ability that we work with speech amongst ourselves. We would therefore understand the texts as we understand our speech amongst ourselves and without this methodology the doors of Ijtihaad will never be opened. If they were to be opened however, then it would not lead to the correct form of Ijtihaad which possesses the quality of endurance and continuance.

At this point I have a very important remark to make and that is that the Mujtahid can either be a Mujtahid Mutlaq or a Mujtahid in a Mas'ala as is known amongst the fuqahaa. There exists a great deal of benefit for fiqh and Muslims in both these forms of Mujtahid.

As for the Mujtahid in the Madhhab, who proceeds with ijtihaad in accordance to the Usooli principles which were established by their Imaam. If this Mujtahid gives free reign to his mind and understanding in the extraction of Ahkaam and he doesn't restrict himself to what his Imaam arrived at then there is no problem in this and the benefit is like the other categories of Mujtahid. An example of this is Ibn Mundhir from the Shaafe'iyah. As for when this type of Mujtahid doesn't exit from the Ijtihaad of his Imaam and his only aim and goal is to give victory to his Imaam and madhhab then this form is accused of being away from integrity and the true context and is in many situations veiled from the sound opinion and correct Hukm. At Tahaawiy from the Hanafiyyah is an example of this approach.

Here I have another important point and that is that the Muslims are in need of a radical thought revolution away from imitation in order to revive and remove backwardness from it. Islamic fiqh is in need of this creative non-imitational revolution in order to bring it back to life. This revolution will not take place however by widening the scope of education in the Islamic Sharee'ah faculties and universities and will never occur in this way. This is as long as they continue on their current methodology as they have, including al Azhar University, adopted the manufactured approach and have stubbornly latched themselves to it. I sent my book (al Jaami'u li Ahkaam is Salaah) to Al Azhar and received the response that this book is not according to our methodology!!

Therefore we do not find a university or college of sharee'ah that graduates Mujtahidoon or even Fuqahaa. They only graduate Muta'allimoon (people who have studied) and Mutafaqqihoon (students of fiqh). The difference between the Faqeeh and mutafaqqih is that the Faqeeh possesses a specific opinion of his own in the fiqhi issues whereas the mutafaqqih doesn't possess his own opinion and only possesses opinions from other fuqahaa. If we asked a question in a Mas'ala then he would only respond by saying what the madhhab of so and so says on such and such in the issue. He vary rarely outweighs between two opinions and even if he attempts Tarjeeh (outweighing) then the opinion he outweighs isn't even his own opinion but an opinion of a Faqeeh from amongst the fuqahaa.

I view that the only real solution is to return to the way of the Sahaabah (rah) in the way of taking in (the texts) and deriving the rules. This could be if all of the universities, colleges and centers of sharee'ah adopted this method and made all curriculums established on its basis. As long as this does not happen then the situation will remain in a rigid and lifeless state.

I wanted to mention these eight main points so as to explain my model and define it as well as to elaborate its aim and need. My hope is that there will arise from this noble Ummah men who will tread the path of this methodology returning to the origins of the Islamic fiqh with its beauty and greatness. They will take the new matters, realities, actions and problems and derive for them the correct Islamic rulings.

In this book I have stated the number of each hadeeth as it has been established from its source something which did not occur in the previous book despite its precision and complete accuracy. This is therefore an additional benefit making it easier to return back to any hadeeth which the reader wishes to view its source.

I also committed to writing the name of the person whose speech was affirmed in the book in the introduction of the narrators in the case where there were many narrators. This is what I made reference to in the introduction of the book (al Jaami'u li Ahkaam is Salaah). In this book I have found it sufficient to cite the established hadeeth number as reference except in a few instances where there was a need to mention a secondary statement so I cited a further number.

You will find at the end of the book a reference of all the sources relied upon for this work. This includes some information so that any revision will be more efficient and that the truthfulness of the texts mentioned can be verified. In most of these sources the ahaadeeth have been ordered as a series of numbers and in some cases according to the subject matter without citing the number series. So those that have been dealt with according to the first method I have established the series number (raqm mutasalsal) and for those of the second method I have cited the page number where the hadeeth is located. For example (250/4) means the fourth part (volume) page number 250. However in the case of Al Mu'jam Al Kabeer of Tabari and Al Musnad of Abi Ya'la Al Moosally the first number represents the part (volume) whilst the second represents the hadeeth number.

I ask Allah سبحانه وتعالى As Samee'u l Aleem to accept from we what I have spent in effort and what I have intended to achieve and that this book is met with the same acceptance as the first book. All praise belongs to Allah firstly and lastly.

                                         
Al –Khamees (Thursday)
28 Jumaada al Awwal, 1423 Hijri
8th August, 2002

Or,

See this Link:

Speech by Ameer of Hizb ut Tahrir, the eminent scholar Ata Bin Khalil Abu al-Rashtah- may Allah protect him - to the sincere and truthful Dawah carriers and to all Muslims around the Globe. On the occasion of the beginning of the blessed month of Ramadan

بسم الله الرحمن الرحيم
Bismillah ar-Rahman ar-Raheem

All praise is due to Allah سبحانه وتعالى, prayer and peace be upon the Messenger of Allah, his family, companions and allies and those after them:

To the sincere truthful Brothers and Sisters that carry the Dawah...

To all Muslims everywhere on this globe...

Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh,

I ask the Almighty that He accepts the fasting and Qiyaam of the Muslims and that Allah forgives us for all our previous sins, as RasulAllah صلى الله عليه وسلم said as extracted by Bukhari and Muslim on the authority of Abu Hurayrah said: The Messenger of Allah صلى الله عليه وسلم said:

«مَنْ صَامَ رَمَضَانَ، إِيمَانًا وَاحْتِسَابًا،غُفِرَ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ»

"Whoever fasts during Ramadan with faith and seeking his reward from Allah will have his past sins forgiven"

and in another narration from Abu Hurayrah (may Allah be pleased with him) that the Messenger of Allah صلى الله عليه وسلم said:

«مَنْ قَامَ رَمَضَانَ إِيمَانًا وَاحْتِسَابًا، غُفِرَ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ»

"Whoever prays Qiyaam (voluntary night prayer) during Ramadan with faith and seeking his reward from Allah will have his past sins forgiven."

Dear respected brothers and sisters, in the month of Sha'ban of the second year after the Hijra, Allah Almighty made fasting the month of Ramadan obligatory. It is a month in which Allah revealed the Quran:

شَهْرُ رَمَضَانَ الَّذِي أُنْزِلَ فِيهِ الْقُرْآنُ هُدًى لِلنَّاسِ وَبَيِّنَاتٍ مِنَ الْهُدَى وَالْفُرْقَانِ

"The month of Ramadan [is that] in which was revealed the Quran, a guidance for the people and clear proofs of guidance and criterion" (Al-Baqara: 185)

It is the month in which Allah honored the Ummah with victories and distinct and clear conquests. Thus, the great Battle of Badr was on the 17th of Ramadan when the polytheists of Mecca were wholly defeated... Then there were other decisive battles in this blessed month, starting with the conquest of Mecca on the 20th of Ramadan in the eighth year after the Hijra to the Battle of al-Buwayb (currently near the city of Kufa) which was the Persian Yarmouk when the Muslims were victorious under the leadership of al-Muthanna on 14th of Ramadan of the year 31 AH, then to the conquest of Amuriyah led by Al-Mu'tassim on 17th of Ramadan in the year 223 AH, and to the battle of Ayn Jaloot when the Muslims defeated the Tatars on 25th of Ramadan in the year 658 AH to other victories in this blessed month...

So, fasting was coupled with the Holy Qur'an which cannot be afflicted by falsehood from before it or from behind it ... And fasting was coupled with distinct conquest and victory ... Fasting was coupled with jihad ... Fasting was coupled with application of Allah's Laws ... And anyone with clear vision and insight realizes that Allah's Laws cannot be separated from one another, whether they are acts of worship or jihad or transactions or morals and conducts, or crimes and Hudud punishments... For all of these are from the same niche, and whoever ponders the verses of the Holy Quran and the texts of the honorable Ahadeeth finds that this is explicitly clarified. A Muslim recites from the Holy Quran

وَأَقِيمُوا الصَّلَاةَ

"And establish prayer",

as he recites

وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ

"And judge, [O Muhammad], between them by what Allah has revealed".

And he recites

كُتِبَ عَلَيْكُمُ الصِّيَامُ

"Fasting is prescribed to you",

As recites

كُتِبَ عَلَيْكُمُ الْقِتَالُ

"Fighting is prescribed to you".

Also he is reading about the pilgrimage in the Hadeeth of RasulAllah صلى الله عليه وسلم

«خُذُوا عَنِّي مَنَاسِكَكُمْ»

"Take from me your rituals"; extracted by Bayhaqi in his As-Sunan Al-Kubra from Jabir, as he reads about the Hudud (punishments)

«خُذُوا عَنِّي، خُذُوا عَنِّي، قَدْ جَعَلَ اللهُ لَهُنَّ سَبِيلًا، الْبِكْرُ بِالْبِكْرِ جَلْدُ مِائَةٍ وَنَفْيُ سَنَةٍ، وَالثَّيِّبُ بِالثَّيِّبِ جَلْدُ مِائَةٍ، وَالرَّجْمُ»

"Receive from me (this revelation), receive from me (this revelation). Allah has ordained a way for those women (unmarried females who committed adultery). When an unmarried man commits adultery with an unmarried woman, they should receive one hundred lashes and be exiled for a year. If they (fornicate while they) were married, they shall receive hundred lashes and be stoned to death"; extracted by Muslim on the authority of Ubada bin As-Samit.

And he reads about the transactions

«البَيِّعَانِ بِالخِيَارِ مَا لَمْ يَتَفَرَّقَا - أو قال حتى يتفرقا -»

"The seller and the buyer have the right to keep or return goods as long as they have not parted - or he said till they part -"; extracted by Bukhari on the authority of Hakeem bin Hizam, as he reads in the Bayah of the Khalifah

«وَمَنْ مَاتَ وَلَيْسَ فِي عُنُقِهِ بَيْعَةٌ، مَاتَ مِيتَةً جَاهِلِيَّةً»

"And whoever dies without the Bayah (allegiance) on his neck dies the death of Jahiliyyah" extracted by Muslim on the authority of Abdullah ibn Umar.

Thus, Islam is an indivisible whole, and the call to it is one to be applied in the state, life and society. So whoever separates between Allah's verses, and calls for the separation of religion from life, or the separation of religion from politics, he has committed a grave sin and a major crime that lead a person to the shame in this world and painful punishment in the Hereafter.

In conclusion, Allah Almighty mentioned the act of supplication between the four verses of fasting in Surat Al-Baqara, the Almighty said:

وَإِذَا سَأَلَكَ عِبَادِي عَنِّي فَإِنِّي قَرِيبٌ أُجِيبُ دَعْوَةَ الدَّاعِ إِذَا دَعَانِ فَلْيَسْتَجِيبُوا لِي وَلْيُؤْمِنُوا بِي لَعَلَّهُمْ يَرْشُدُونَ

"And when My servants ask you, [O Muhammad], concerning Me - indeed I am near. I respond to the invocation of the supplicant when he calls upon Me. So let them respond to Me [by obedience] and believe in Me that they may be [rightly] guided" (Al-Baqara: 186)

And the separation of the inseparable is a proof that the partition is intended, for Allah the Almighty has commanded the fast, then commanded the act of supplication, and then completed the verses of fasting to indicate the greatness of the act of supplication. So increase supplication in Ramadan, for RasulAllah صلى الله عليه وسلم said in the hadith narrated by Ahmad from Abu Hurayrah said: The Messenger of Allah صلى الله عليه وسلم

«ثَلَاثَةٌ لَا تُرَدُّ دَعْوَتُهُمْ: الْإِمَامُ الْعَادِلُ، وَالصَّائِمُ حَتَّى يُفْطِرَ، وَدَعْوَةُ الْمَظْلُومِ تُحْمَلُ عَلَى الْغَمَامِ، وَتُفْتَحُ لَهَا أَبْوَابُ السَّمَاوَاتِ، وَيَقُولُ الرَّبُّ عَزَّ وَجَلَّ: وَعِزَّتِي لَأَنْصُرَنَّكَ وَلَوْ بَعْدَ حِينٍ»

"The Supplication of three people are not rejected: the supplication of a just ruler, of a fasting person at the time of breaking fast, and a person who is wronged. Allah causes their supplication to rise above the clouds, and gates of heaven are opened for them, and Allah says, 'By My Majesty, I will help you, even if it is after a while'".

And supplication was mentioned between the verses of fasting as proof for the insistence of supplication in the month of fasting and a statement of its merit and glad tiding of it being answered, for Allah is close and responds.

And the final conclusion, as we must be protective of our fast so Allah may be pleased with us and forgive our sins, thus we should also be keen to work for the resumption of the Islamic way of life with the establishment of the rightly guided Khilafah so that we will be among the victors in this life with the implementation of Allah's Laws, under the banner of the Messenger of Allah صلى الله عليه وسلم, the Rayat Al-Uqab, the banner of "There is no God but Allah and Muhammad is the Messenger of Allah", and likewise be the victors in the Hereafter, Allah willing, under Allah's shade on the Day there is no shade except His, so that we may attain victory in both realms, and so is a great victory.
Wassalamu Alaykum Wa Rahmatullahi Wa Barakatuh.


Your Brother,
Ata Bin Khalil Abu al-Rashtah

Ameer of Hizb ut Tahrir

Or,

See this Link:

28.6.14

Moon sighting Announcement: Sunday is the 1st Ramadan


Please be advised that no moon was sighted around the world last night.

Hence, in accordance with the Hadith of the Messenger صلى الله عليه وسلم:

"Fast when you see it (i.e. crescent of Ramadan) and breakfast when you see it (i.e. crescent of Shawwal) and if it is cloudy then complete the month (i.e. Shaaban) to 30 days".

Therefore, Saturday 28th June is the 30th Shaaban and Sunday 29th June will be the 1st day of Ramadan (i.e. the first day of fasting).

Ramadhan Kareem

Or,

Moon sighting announcement:Sunday is the 1st ramadan