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  • #31
    The junub (in a state of major ritual impurity)
    The menstruating woman
    The woman experiencing postnatal bleeding

    It is harām for them to enter the masjid. This is the view of the Māliki and Hanafi schools of thought. They used the following hadīth.

    Imām al-Bukhāri and other scholars of Hadith have graded the Hadith weak


    It has been attributed to the Messenger of Allah (sallallaahu alayhi wa sallam) that he came and saw that the doors of the houses of his Companions were facing the mosque. He said: Turn the direction of the houses from the mosque. The Prophet (sallallaahu alayhi wa sallam) then entered (the houses or the mosque), and the people did not take any step in this regard hoping that some concession might be revealed. He the Prophet again came upon them and said: Turn the direction of these (doors) from the mosque. I do not make the mosque lawful for a menstruating woman and for a person who is sexually defiled.


    The Hanbali and Shaafi'i schools of thought say:

    It is harām for them to remain in the masjid just like it is harām for them to pass through it if they fear they will pollute the masjid when passing through.

    If they don't fear they will pollute the masjid then it is permissible for them to pass through

    Reference
    The Encyclopedia of Fiqh
    Volume 37 Page 218
    Watch those eyes

    Comment


    • #32
      You cannot give Zakāh to build a masjid.

      There is Ijmā on this.
      Watch those eyes

      Comment


      • #33
        Originally posted by ZeeshanParvez View Post
        This thread is dedicated to Comparative Fiqh. Please do not turn it into a debate thread. That is not the purpose of the thread. The purpose it to share the different positions of different schools on various topics.

        If you disagree feel free to start a new thread in the appropriate section and discuss the matter there.




        You can make up a missed obligatory prayer during the times when praying is forbidden. This has been narrated from Ali (may Allaah be pleased with him) and other Companions (may Allaah be pleased with them).

        It is the opinion of Abu al-'aaliyah, al-Nakhai, Maalik, al-'awzaa'ii, al-Shaafi'i, 'ishaaQ, Abu Thaur, Ibn al-Mundhir.

        It is based on the following narration



        "If any one of you forgets a prayer or sleeps and misses it, let him pray it when he remembers it."




        The ashaab al-Ra'i have said that you cannot make up a missed obligatory prayer during the forbidden times.




        Reference(s):

        al-Mughni

        Volume 2 Page 81
        Are you qualified to discuss and compare Fiqh issues?

        http://www.ilovepalestine.com/campai...imesinGaza.gif

        "It does not befit the lion to answer the dogs."

        – Imam al-Shafi’i (Rahimahullah)

        Comment


        • #34
          The maximum period of Nifās according to the Hanābilah is 40 days.

          The maximum period of Nifās according to the Shāfi'i and Māliki school is 60 days.

          Nifās is the blood which comes out as a result of childbirth.
          Watch those eyes

          Comment


          • #35
            Based on the above, if bleeding of Nifās exceeds 40 days, then the bleeding will fall under istihādah according to the Hanābilah.

            The rulings of istihādah will apply and not the rulings of Nifās.

            According to the Shāfi'i and Māliki schools the bleeding will have to exceed 60 days for it to be considered istihādah because they hold the opinion that 60 days is the maximum duration of Nifās.

            The opinion of the Hanābilah is based on the following narration

            Narrated Umm Salamah, Ummul Mu'minin:

            The woman having bleeding after delivery would refrain (from prayer) for forty days or forty nights; and we would anoint our faces with an aromatic herb called wars to remove dark spots.

            The narration is present in Jāmi al-Tirmidhi, Sunan Ibn Mājah, and Sunan Abi Dawud
            Watch those eyes

            Comment


            • #36


              The maximum duration of menstruation is 15 days according to the majority of scholars which includes the Hanbali, Shaafi'i, and Maaliki schools of thought. [1]

              According to Abu Hanifah and al-Thawri the maximum period is 10 days [2]

              Ibn 'aabidiin says that this has been transmitted to us from six Companions by means of different routes by means (of these routes) the narrations go from being weak to hasan.[1]


              The 'ahnaaf have used the following narration for their daliil which is weak by the consensus of the scholars of hadiith

              أقل الحيض ثلاثة أيام وأكثره عشرة


              The minimum duration of menstruation is three days and the maximum duration is 10 days.


              al-Nawawi said that this narration is weak by agreement.[3]

              Ibn Taymiyyah went so far as to say it is fabricated.[4]


              Reference(s):

              [1] The Kuwaiti Encyclopedia of Fiqh
              Volume 18 Page 298

              [2] The longest duration of menstruation

              [3] al-Majmu' Sharh al-Muhadhdhab
              Volume 2 Page 382

              [4] Minhaaj al-Sunnah
              Volume 7 Page 430
              Last edited by ZeeshanParvez; 12-09-18, 01:30 AM.
              Watch those eyes

              Comment


              • #37
                A person was traveling. He returned. He forgot to pray a prayer while he was a traveler and remembered it when he returned. Will he pray the full prayer or the shortened prayer of travel?

                Ahmad said he will pray the full prayer to be on the safe side. This is also the opinion of al-auzaa'ii, Daawud, and al-Shaafi'i in one of his opinions.

                Maalik, al-Thawri, and the aSHaab al-Ra'i said he will pray the shortened prayer he would have prayed while traveling had he not forgotten. Their qiyaas is that he only has to make up what he missed and he missed two Rak'ah.

                For us is the fact that it is a dispensation for one to shorten the prayer while traveling. The dispensation no longer exists when travel is over.

                Their qiyaas (those who say one must pray the shortened version) is violated in the example of a person who misses a prayer at a time he is allowed the dispensation of tayammum and then has to make it up when he finds water.

                Their qiyaas is also violated in the case of a person who misses the Jum'ah prayer and has to make it up.


                Reference(s):

                al-Mughni by Ibn Qudaamah
                Volume 2 Page 208

                Watch those eyes

                Comment


                • #38
                  It is permissible to combine the Zuhr and Asr prayers at the time of Zuhr or at the time of Asr when one is traveling.


                  Ibn Qudaamah calls faasid the view of those who say that to combine the prayers means to delay one prayer until its last time and then pray it and then to follow it up with the next prayer in its earliest time.


                  Delay Zuhr until it is almost over. Then, pray it. Now the time of Asr will come to be. Pray Asr.


                  The above is a faasid view of combining prayers when one travels according to Ibn Qudaamah. He says it is faasid because we have explicit hadiith which mention that the Messenger of Allaah (sallallaahu alayhi wa sallam) combined prayers, while traveling, at the time of one of the two prayers.


                  He also points out that to combine prayers is a dispensation. A dispensation is supposed to create ease. Anyone who contemplates will agree that to try to pray one prayer at its end time and then follow it up with the other prayer when its time begins makes things harder for a person and not easier.


                  He also says that if it were permissible to join prayers as mentioned above then it would have been permissible to join between Asr and Maghrib and the Ishaa and Fajr prayers. Yet, there is a complete consensus that it is not permissible to do so.


                  Thus, the correct understanding is that one can combine Zuhr and Asr at the time of Zuhr or at the time of Asr and Maghrib and Ishaa at the time of Maghrib or at the time of Ishaa when one is traveling.


                  al-Mughni li Ibn Qudaamah
                  Volume 201 Volume 2
                  Watch those eyes

                  Comment


                  • #39
                    'Adhaan and Iqaamah

                    Does the one who give 'Adhaan also say the Iqaamah?

                    He can or someone else can. It does not matter. This is the opinion of


                    Maalik
                    Abu Hanifah
                    Most of the scholars of al-Hijaaz
                    most of the scholars of kuufah
                    Abu thaur


                    Some have said that the person who says the Adhaan should say the Iqaamah. Imaam al-Shaafi'i has been said to have said this in the opinion transmitted from him by Rabii'.

                    Sufyaan al-Thawri also supported this opinion.


                    Reference(s):
                    Tuhfah al-ahwazi

                    Watch those eyes

                    Comment


                    • #40
                      al-Nawawi said:

                      It is mustahabb for the woman to make ghusl when she intends to attend Jumu'ah.

                      This is the opinion of Mālik and the majority.


                      Reference (s)
                      al-majmū
                      Volume 4 Page 536
                      Watch those eyes

                      Comment


                      • #41
                        Is tartiib (sequence) necessary when making up missed prayers?

                        It is mustahabb according to the Shaafi'i Madhhab but not waajib.

                        According to Abu Hanifah and Maalik it is waajib as long as the number of missed prayers to not exceed the number of prayers in a day and night. Both have said that if a person is praying the present prayer (i.e. the prayer due at the present time) and remembers during it that he has a missed prayer to make up, his present prayer becomes invalid. And it is obligatory to first pray the missed prayer, and then pray the present prayer.

                        Ahmad held the opinion that tartiib is waajib regardless of if the number of prayers missed is few or many. According to him if a person prays a present prayer and remembers during it that he has a missed prayer, he will complete the present prayer. Then, he will make up the missed prayer. After that, he will repeat the present prayer.

                        He based his opinion on a narration which reads:

                        He who forgets to pray a prayer and does not remember it until he is with the Imaam (praying the present prayer), when he completes his prayer, let him pray the prayer he forgot and then repeat the one he prayed with the Imaam.

                        al-Nawawi considers the hadith weak.


                        Reference(s):
                        al-majmu sharh al muhadhdhab
                        Volume 3 Page 70
                        Watch those eyes

                        Comment


                        • #42
                          It's never optimal to engage in comparative Fiqh while relying on a single text to accurately convey all four schools of Fiqh.

                          The best way to conduct comparative Fiqh is to individually consult the relied-upon texts in each school.

                          Just for the purposes of ease, convenience and low-level discussion, reliance on books like the Kuwaiti Encyclopedia of Fiqh and school-specific works of comparative Fiqh will do.

                          Comment


                          • #43
                            AbuNajm has made a very important and valid point. Anyone who reads this thread should keep this in mind. I've always been bewildered as to why ppl show him so much attitude on this forum as he gives very accurate advice. He once taught me to be very precise when I study the works of Fiqh. May Allah bless him for what was probably the most important piece of advice I ever got.

                            The thread is meant for a shallow discussion. That is why it uses the books it does. I don't think too many ppl would be interested in an in depth discussion. If those here are up for it please do comment and in shaa Allah we can have in depth write ups.
                            Last edited by ZeeshanParvez; 16-09-18, 08:49 AM. Reason: Spelling....
                            Watch those eyes

                            Comment


                            • #44
                              Originally posted by AbuNajm View Post
                              It's never optimal to engage in comparative Fiqh while relying on a single text to accurately convey all four schools of Fiqh.

                              The best way to conduct comparative Fiqh is to individually consult the relied-upon texts in each school.

                              Just for the purposes of ease, convenience and low-level discussion, reliance on books like the Kuwaiti Encyclopedia of Fiqh and school-specific works of comparative Fiqh will do.
                              In addition it should be discussed and compared by one who is qualified to do so.

                              Comparing Fiqh issues accross Madhabs is not for joe bloggs.

                              جزاك الله خيرا
                              http://www.ilovepalestine.com/campai...imesinGaza.gif

                              "It does not befit the lion to answer the dogs."

                              – Imam al-Shafi’i (Rahimahullah)

                              Comment


                              • #45

                                al-tarjī' in the adhān

                                al-Nawawi says in the sharh of Muslim Volume 4 Page 81 when explaining the hadīth of Abu maHdhūrah that in this Hadith is manifest hujjah and clear evidence for the Madhhab of Mālik, al-Shāfi'i, and the majority of scholars that al-tarjī' in the 'adhān is established.


                                al-tarjī' is to repeat the shahādatain twice with a raised voice after saying them twice in a low voice.


                                Abu Hanifah and the kūfiyyūn say al-tarjī' is not legislated based on the hadīth of Abd Allāh bin Zaid because al-tarjī' is not mentioned in that.


                                The evidence of the majority is this authentic Hadith and the addition (of al-tarjī') is given preference. In addition to that, the Hadith of Abu maHdhūrah is later in time than the hadīth of Abd Allāh bin Zaid.


                                Our Companions (the Shāfi'i) have differed in regards to if the tarjī' in the adhān is a rukn without which the adhān is not valid or is it a Sunnah which if omitted than the adhān is valid but the virtue of being complete has been missed?


                                There are two opinions. The most correct opinion in front of them is that it is a Sunnah. A group from among the muhaddithīn and others have adopted the opinion that you have a choice between doing al-tarjī' or leaving it.
                                Watch those eyes

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